Revisiting Anti-Sexual Harassment Act of 1995 (RA 7887)
Despite the enactment of the law against sexual harassment in the workplace, there are still numerous cases of harassment occurring. Let me share some points in sexual harassment, to assist Human Resource in making red flags on the matter:
THEORY
As defined by law, sexual harassment in workplace is committed when (a) sexual favor is made as a condition in the hiring or in the employment, reemployment or continued reemployment of said individual, or in granting favorable compensation, terms, promotions, or privileges. (b) The refusal to grant sexual favor results to discrimination, deprivation, diminution of benefits and opportunities.
APPLICATION
a. In a case, the complainant for sexual harassment narrated that “that as early as her first year of employment her Plant Manager, William Chua, already manifested a special liking for her, so much so that she was receiving special treatment from him who would oftentimes invite her "for a date," which she would as often refuse. On many occasions, he would make sexual advances — touching her hands, putting his arms around her shoulders, running his fingers on her arms and telling her she looked beautiful. The special treatment and sexual advances continued during her employment for four (4) years but she never reciprocated his flirtations, until finally, she noticed that his attitude towards her changed. He made her understand that if she would not give in to his sexual advances he would cause her termination from the service.” The court finds that there is sexual harassment (G.R. No. 124617).
b. In another complaint for sexual harassment, it was shown in the affidavit of the complainant that, “sometime in February 2000, respondent handed her a note saying, "Gay, I like you." Offended by respondent’s inappropriate remark, the complainant 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. However, this first incident was followed by a message sent to the complainant sometime in March 2002 in which he said, "Ka date ko si Mary Gay… ang tamis ng halik mo." In another instance, complainant narrated that, on 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, complainant received a text message while she was passing respondent’s car in front of the municipal hall. The message said, "Pauwi ka na ba sexy?" On or about April 22 to 25, 2002, complainant received several messages from respondent stating: (1) "I like you"; (2) "Have a date with me"; (3) "Don’t tell to (sic) others that I told that I like you because nakakahiya"; (4) "Puso mo to pag bigay moto sakin, I would be very happy" and (5) "I slept and dreamt nice things about you." Finally, she asserted that, on 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, respondent pulled her towards him and attempted to kiss her. Petitioner resisted and was able to escape the clutches of respondent to rejoin the group that they were travelling with (GR 169449).” The court finds the accused guilty of grave misconduct.
c. In a case, "touching a female subordinate's hand and shoulder, caressing her nape and telling other people that she was the one who hugged and kissed or that she responded to the sexual advances are unauthorized acts that damaged her honor" The court ruled that it was an act of sexual harassment. The court further admonished that as a managerial employee, petitioner is bound by more exacting work ethics. He failed to live up to his higher standard of responsibility when he succumbed to his moral perversity. And when such moral perversity is perpetrated against his subordinate, he provides a justifiable ground for his dismissal for lack of trust and confidence. It is the right, nay, the duty of every employer to protect its employees from oversexed superiors (GR 123737).
d. In another sexual harassment case wherein the accused was dismissed, the facts states "That sometime on September 7, 1994 at around 7:30 o'clock more or less, in the morning, while inside the office of Mr. Rolando P. Suase, Admin Officer 2 of Davao City Schools, located at the Division Office Building, along Palma Gil St., Davao City, to follow-up my request for transfer from my present assignment to either Buhangin District or Bangoy District, Davao City, Mr. Rolando P. Suase was not around and it was school Division Superintendent, Mr. Arnold P. Mollaneda who was seated at his (Rolando's) table, as at the time, the office of Mr. Arnold Mollaneda just adjacent was being cleaned by a janitor.
That immediately I approached him and seated opposite to him and handed to him my letter of recommendation from DECS Regional Director, Region XI, Dr. Ramon Y. Alba, recommending my possible transfer and after reading the same advised her to return next week as there is no available item and that he will think about it. However, I insisted that he will give me a note to fix the time and date of our next meeting and or appointment at his office. At this instance, he handed me a piece of paper with his prepared signature and requested me to write my name on it, after which, he took it back from me and assured me to grant my request and at the same time, he made some notations on the same piece of paper below my name, indicating my possible transfer to Buhangin or Bangoy District of which I thanked him for the accommodation At this point, he stood up, bringing along with him the paper so that I also stood up. However, before I could get outside the office, he then handed to me the said piece of paper and advised me to give it to a certain May Pescadero, personnel clerk, for the making/cutting of the order of transfer. All of a sudden he hugged and embraced me, then he kissed my nose and lip in a torrid manner. That I tried to resist but he forcibly held my neck so that he was able to kiss me in an easy way. That - not contented, he then mashed my left breast. He did the malicious act for several times, afterwhich he warned me not to tell anybody what he did to me inside the office.
That as a result of the very unfortunate incident, I was so shocked, that I was not able to speak or talk or confess to my husband what our School Superintendent did to me. Likewise, I also informed one Venus Mariano, also DECS employee, who advised me to stay and remain calm. However, I decided to report the matter to San Pedro Patrol Station.(GR 140128)"
