Dear PAO,
I am a 27-year-old public school teacher, and I am pregnant. I’m not married, but the father of my child is present in our lives. I kept my pregnancy secret until I needed one month of bed rest. That’s when I had to tell my principal. He told me that getting pregnant outside marriage is immoral under the Code of Ethics. He said I could be fired from DepEd, and my teaching license and plantilla item could be revoked. I mentioned the Magna Carta for Women, but he insisted that I’m still vulnerable to dismissal. Now, he’s forcing me to get married before the new school year starts. I need to know whether he can legally do this. Can they really revoke my license and take away my plantilla item because I’m unmarried and pregnant? I don’t want to be forced into marriage, but I’m afraid of losing my job.
Chiyo Nozaki
Dear Ms. Nozaki,
In a long line of cases, the Supreme Court has affirmed the right of a pregnant woman to tenure. It has consistently held that premarital sexual relations which lead to pregnancy are not, per se, immoral and do not justify suspension or termination from employment. In Bohol Wisdom School v. Mabao (GR 252124, July 23, 2024), the Supreme Court, through Associate Justice Ricardo Rosario, affirmed this and held:
“Sexual intercourse between two consenting adults who have no legal impediment to marry, like respondent and her boyfriend, is not deemed as immoral. No law proscribes such, and said conduct does not contravene any fundamental state policy enshrined in the Constitution.
"We thus find that respondent's act of engaging in premarital sexual relations with her boyfriend and eventually getting pregnant, is not disgraceful or immoral within the contemplation of the law. . .”
Additionally, Republic Act (RA) 9710, or the Magna Carta of Women, specifically prohibits the discrimination against women and using pregnancy or non-pregnancy as a pre-condition for employment. Section 13 (c) provides:
“Sec. 13. Equal Access and Elimination of Discrimination in Education, Scholarships, and Training – . . .
"(c) Expulsion and non-readmission of women faculty due to pregnancy outside of marriage shall be outlawed. No school shall turn out or refuse admission to a female student solely on the account of her having contracted pregnancy outside of marriage during her term in school.” (Emphasis supplied)
Simply put, your principal’s threat has no legal leg to stand on. The Supreme Court has ruled again and again that pregnancy outside marriage, when both adults are free to marry, is not immoral and cannot cost you your item or license. The Magna Carta of Women also expressly prohibits firing or refusing readmission to a female faculty just because she got pregnant out of wedlock. The law is clear. You are protected, and forcing you to marry is a form of unlawful discrimination; an invalid condition for continued employment.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
