By: Atty. Gregorio B. Austral, CPA
Love triumphs over an
accusation of immorality
In 2000, St. Vincent Foundation for Children and Aging, Inc. hired Zaida as
Program Assistant; it promoted her as Program Officer the following year. Zaida, then
single, was known as Zaida Febrer Ranido. Zaida’s duties as program officer included
the following: monitoring and supervising the implementation of the programs of the
foundation, providing training to the staff and sponsored members, formulating and
developing program policies for the foundation, facilitating staff meetings, coordinating
and establishing linkages with other resource agencies and persons, as well as
preparing St. Vincent’s annual program plan and budget, and year-end reports.
In 2001, Zaida met Marlon D. Inocente. Marlon was then assigned at St.
Vincent’s Bataan sub-project. In 2002, Marlon was transferred to St. Vincent’s sub-
project in Quezon City. Zaida and Marlon became close and soon became romantically
involved with each other. St. Vincent adopted a controversial policy called Non-
Fraternization Policy which states as follows: “While CFCA does not wish to interfere
with the off-duty and personal conduct of its employees, to prevent unwarranted sexual
harassment claims, uncomfortable working relationships, morale problems among other
employees, and even the appearance of impropriety, employees who direct and
coordinate the work of others are strongly discouraged from engaging in consensual
romantic or sexual relationships with any employee or volunteer of CFCA.”
Despite St. Vincent’s adoption of the Non-Fraternization Policy, Zaida and Marlon
discretely continued their relationship; they kept their relationship private and unknown
to St. Vincent even after Marlon resigned in July 2008.
On February 19, 2009, Zaida experienced severe abdominal pain requiring her to
go to the hospital. The doctor later informed her that she had suffered a miscarriage.
While confined at the hospital, Zaida informed St. Vincent of her situation. Menguito
verbally allowed Zaida to go on maternity leave until April 21, 2009. Zaida was released
from the hospital two days after her confinement. But later on, St. Vincent dismissed
Zaida for violation of the Non-Fraternization Policy.
The Court said that, to be sure, no reasonable person could have expected them
to sever the relationship simply because St. Vincent chose to adopt the Non-
Fraternization Policy in 2006. As Zaida aptly argued, love is not a mechanical emotion
that can easily be turned on and off. This is the lesson Shakespeare impressed on us in
Romeo and Juliet – a play whose setting antedated those of Marlon and Zaida by about
405 hundred years.
In determining whether the acts complained of constitute “disgraceful and
immoral” behavior under the Civil Service Laws, the distinction between public and
secular morality on the one hand, and religious morality, on the other hand, should be
kept in mind. This distinction as expressed – albeit not exclusively – in the law, on the
one hand, and religious morality, on the other, is important because the jurisdiction of
the Court extends only to public and secular morality.
In this case, we note that both Zaida and Marlon at all times had no
impediments to marry each other. They were adults who met at work, dated, fell in love
and became sweethearts. The intimate sexual relations between them were consensual,
borne by their love for one another and which they engaged in discreetly and in strict
privacy. They continued their relationship even after Marlon left St. Vincent in 2008.
And, they took their marriage vows soon after Zaida recovered from her miscarriage,
thus validating their union in the eyes of both men and God.
All these circumstances show the sincerity and honesty of the relationship
between Zaida and Marlon. They also show their genuine regard and love for one
another – a natural human emotion that is neither shameless, callous, nor offensive to
the opinion of the upright and respectable members of the secular community. While
their actions might not have strictly conformed with the beliefs, ways, and mores of St.
Vincent – which is governed largely by religious morality – or with the personal views of
its officials, these actions are not prohibited under any law nor are they contrary to
conduct generally accepted by society as respectable or moral. (Zaida R. Inocente vs.
St. Vincent Foundation for Children and Aging, Inc./Veronica Menguito. G.R. No.
202621, June 22, 2016)