Sexual harassment in the workplace: SC decisions

With the summer heat simmering at unprecedented levels, there seems to be a correlative rise of sex-related assaults in the workplaces, both in the corporate sanctums of the business world, and yes, in the honorable chambers of the government bureaucracies. It is lamentable, however, that 9 out of 10 of such cases remain undocumented, unreported and therefore not acted upon. We could only extrapolate, using the tools of deductive and inductive logic and by empirical accounts of anecdotal evidence in our search for truth and workplace justice. Most victims would rather suffer in silence to avoid a nasty, defamatory and expensive litigation and ordeal. A few of the harassed even end up covering for, or cooperating with, the harasser if only to protect their job security, even at the expense of human dignity.

There are, however, a few brave souls. A few weeks ago, Cristy Ramos, a former president of the Philippine Olympic Committee and an incumbent commissioner of the country’s football association, filed a formal complaint before the Asian Football Federation against Lexton Moy (Azkal no. 25), for supposedly making sex-related comments on the size of Ms. Ramos’ bra, which caused loud laughter among the Azkal players. She also complained against Angel Guirado (Azkal no. 12), who allegedly stood purposely in front of her, in briefs, without any attempt to cover his undergarments with some decent piece of cloth. It triggered some boisterous male laughter, and it caused Ms. Ramos a large measure of anxieties and wounded feelings. There are some courageous victims, like her, as we shall narrate their cases below.

The Philippine Anti-Sexual Harassment Law, RA 7877, took effect on March 5, 1995, during the time of Cristy’s dad, Pres. FVR, but only very few cases, since then, reached the Supreme Court. We shall take up some of these cases and shall hide the identity of both offenders and victims, in order to protect the honor of their family. The first case involved a Municipal Assessor of Diadi, Nueva Viscaya and 3 female subordinates who were subjected to a series of physical, verbal and other forms of sexual assaults. In TGN vs. BAS Jr. (GR 169449), the Supreme Court, En Banc, ordered on March 26, 2010, the dismissal of that assessor, with forfeiture of all retirement benefits and perpetual disqualification from holding any office in government and its corporations. The victims could also file criminal charges on top of the administrative complaint.  The court even called him a perverted predator preying on his victim with unwelcome affections, in such alarming frequency and increasing boldness.

In PAAUC vs. RCC (GR 124617), the Supreme Court, on April 28, 2000, awarded moral and exemplary damages in favor of a company nurse who, for 4 years, was subjected to all forms of sexual harassment, and later, verbal and psychological pressures for refusing to surrender her womanhood to the plant manager. Her dismissal was declared illegal and her resignation was deemed involuntary. The court was not moved by the company’s argument that it took her 4 years to complain. Not many women, especially in this country, are made of stuff that can endure the agony and trauma of a corporate and public scandal. She was fighting a powerful man and she was alone, trying to defend her honor. And so, she stretched her patience until a critical incident took place.

Sexual harassment is an imposition of a misplaced superiority that is enough to wreck a woman’s life, affect her sense of judgment and cause her irreparable pain. The court is more compassionate to the victim. However, if the victim’s story is incredible, and defies human logic, the court will not hesitate to exonerate the alleged offenders. In DTC vs. MS (GR166039), the SC dismissed a story of a very articulate and well-educated 40-year-old female Director for Marketing Communications who accused her EVP and SVP of, among others, poking her sexual organ during a corporate party attended by no less than 60 company officials and guests. Interestingly, the one who penned this ruling is a woman, a no ordinary lady, former Supreme Court Justice Carpio-Morales, now Ombudsman. The problem of the victim here is that she waited for so long and did not explain her delay, unlike in the case of the harassed company nurse. But this case is a very exceptional one. In most cases, the victim always wins.

Sexual harassment is not about just sex. It’s about power. It is a blatant abuse of power. It is a betrayal of public trust, a breach of confidence, reprehensible, despicable and abominable. Let’s all combat it.