Esmsagubo Sexual Harassment in the Philippine Workplace.

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Sexual Harassment in the Philippine

Workplace

TITLE OF THE CASENARVASA VS. SANCHEZ, JR.

G.R. NO. 169449: MARCH 26, 2010

PART 1Case Summary

Parties to the Case

Teresita G. Narvasa is a senior bookkeeper. (Petitioner – complainant in the original case

filed before the administrative agency)

Benjamin A. Sanchez, Jr. is the municipal assessor. (Respondent – Defendant in the original case

filed before the administrative agency)

NOTE: All employees involved in the instant case are employees of the Municipality of Diadi, Nueva Vizcaya (hereafter referred to as the LGU).

THE FACTS

PART 2

THE FACTSThe Acts of Sexual Harassment

1. There were three separate cases filed for Sexual Harassment against SANCHEZ, Jr. ,by the following complainants: a. Teresita G. NArvasa, herein Petitioner, b. Mary Gay P. de la Cruz and c. Zenaida M. Gayaton


2. The incidents of sexual harassment as per complainant De la Cruz: Feb 2000 – Sanchez, Jr. handed her a note saying,

“Gay, I like you.” Offended by the remark, Dela Cruz admonished him for giving her such a note and told him that she would give the note to his wife. Respondent then grabbed the note from her and tore it into pieces.

March 2002 in which he said, ”Ka date ko si Mary Gay ang tamis ng halik mo”.


3. The incidents of sexual harassment as per complainant Gayaton: April 5, 2002, respondent whispered to her

during a retirement program, “Oy flawless, pumanaw ka met ditan”, while twice pinching her upper left arm near the shoulder in a slow manner.

A few days later, she received a text message which said, “Pauwi ka na ba sexy?” Such message was later verified through respondent’s clerk, Alona Agas, that indeed, the sender of the message was respondent Sanchez, Jr.


4. The incidents of sexual harassment as per complainant Gayaton: On or about April 22 to 25, 2002, Gayaton

received several messages from respondent stating: (1) I like you; (2) Have a date with me; (3)Dont tell to (sic) others that I told that I like you

because nakakahiya; (4) Puso mo to pag bigay mo to sakin, I would be

very happy; and (5) I slept and dreamt nice things about you.


5. The incidents of sexual harassment as per complainant Narvasa: November 18, 2000, during a field trip of officers

and members of the St. Joseph Multi-Purpose Cooperative to the Grotto Vista Resort in Bulacan, Sanchez, Jr. pulled her towards him and attempted to kiss her. Narvasa resisted and was able to escape the clutches of respondent to rejoin the group that they were travelling with. Sanchez, Jr. apologized to petitioner thrice regarding that incident.

FINDINGS AND

PENALTIES

PART 3

THE FINDINGS AND PENALTIES

The Investigating body:

LGUs Committee on Decorum and Investigation (CODI). Respondent was found guilty of all three charges by Municipal Mayor Marvic S. Padilla.


The Penalty:

In as far as the offenses committed against Gayaton and Dela Cruz, Sanchez, Jr. was meted the following penalties:

1. Reprimand for his first offense of light harassment2. 30 days suspension for his first offense of less grave sexual harassment.


However, for the grave sexual harassment committed against petitioner Narvasa, respondent was meted the penalty of:

1. Dismissal from the government service.

The CSC (appeal by respondent): The Municipal Mayor’s decision was modified

in that the CSC ordered the dismissal of the appeal and said that the offense committed was grave misconduct (instead of less grave sexual harassment) but imposed the same penalty of dismissal from government service.


The Appeal to the Court of Appeals (appeal by respondent):

The CA modified the CSC resolution, finding respondent guilty only of simple misconduct. Accordingly, the penalty was lowered to suspension for one month and one day.


The ISSUE:

Whether or not the acts committed by Sanchez, Jr. constituted sexual harassment which is punishable under RA 7877, the Anti-Sexual Harassment Act of 1995.


The RESOLUTION (Supreme Court):The answer is in the affirmative. The act of grabbing petitioner and attempting to kiss her without her consent was an unmistakable manifestation of respondent’s intention to violate laws that specifically prohibited sexual harassment in the work environment. Assuming arguendo that respondent never intended to violate RA 7877, his attempt to kiss petitioner was a flagrant disregard of a customary rule that had existed since time immemorial that intimate physical contact between individuals must be consensual. Respondent’s defiance of custom and lack of respect for the opposite sex were more appalling because he was a married man. Respondent’s act showed a low regard for women and disrespect for petitioners honor and dignity.


The RESOLUTION (Supreme Court):Furthermore, we (the Supreme Court) note that this is the third time that respondent is being penalized for acts of sexual harassment. We are also alarmed by the increasing boldness in the way respondent displayed his unwelcome affection for the women of his fancy. He is a perverted predator preying on his female colleagues and subordinates. Respondent’s continued misbehavior cannot, therefore, be allowed to go unchecked.

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SEXUAL HARASSMENT ACT OF 1995

Republic Act No. 7877

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What is Sexual Harassment?

Merriam-Webster to the uninvited and unwelcome verbal

or physical behavior of a sexual nature especially by a person in authority toward a subordinate (as an employee or student).

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What is Sexual Harassment?

RA 7877 SECTION 3. Work, Education or Training -

Related, Sexual Harassment Defined. – Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.

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What are the different forms of SH?

PhysicalVerbalUse of objects, pictures or graphics, or

written notes with sexual underpinnings or influences

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Individuals Covered

Workers or employees (both public, private or even non-government/non-profit)

Applicants or candidates for employment

Students

Those undergoing training, institution, or education other than students

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Who can be punished or can be liable by this act?

1. Employer of the company or head of the department/division

2. Employee who belongs to a level higher than that of the subordinate

3. Immediate manager or supervisor4. Agent of the employer5. Anybody else who has authority,

influence or moral ascendancy over the offended

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Who can be punished or can be liable by this act?

6. Any person who directs or induces another to commit any act of sexual harassment

7. Any person who cooperates in the commission of the act by another without whom it would not have been committed.

8. College or university professor/instructor

9. Coach/trainer

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Where is this decree applicable?

Workplace

School

Any other place of training, institution, or education

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When is Sexual Harassment committed?

In a work-related employment environment, sexual harassment is committed when:1. The sexual favor is made as a condition in the

hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results inlimiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

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2. The above acts would impair the employee’s rights or privileges under existing labor laws

3. The above acts would result in an intimidating, hostile, or offensive environment for the employee

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In an education or training environment, sexual harassment is committed1. Against one who is under the care,

custody or supervision of the offender

2. Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender

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3. When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or

4. When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

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What to do next once victimized?

The victim has to come out and complain first

Let your immediate supervisor know

that you were harassed except of

course if the person in question is himself/herself

Go straight to Human Resources

particularly the Employee Relations department and let them take care of

everything

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What is your employer’s involvement in all this?

Proactive Approach –to prevent of deter the commission of acts of sexual harassment

Reactive Approach – to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment

PUBLIC SERVICE IS A PUBLIC TRUST;

THAT PUBLIC SERVICE REQUIRES UTMOST INTEGRITY AND

STRICTEST DISCIPLINE, AND, AS SUCH,

A PUBLIC SERVANT MUST EXHIBIT AT ALL TIMES THE HIGHEST

SENSE OF HONESTY AND INTEGRITY

TO QUOTE

THANK YOU

GuillaoSaguboVelasco

Esmsagubo Sexual Harassment in the Philippine Workplace.

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