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LBC Express-Vis, Inc. vs. Monica C. Palco
G.R. No. 217101 | February 12, 2020
FACTS:
Respondent Monica C. Palco filed a complaint for sexual harassment before the Danao
City Prosecutor’s Office, alleging that she was harassed by her supervisor, Arturo Batucan; and
that her employer, petitioner LBC Express-Visayas, failed to take immediate action on the matter.
The Labor Arbiter ruled in favor of Palco. The National Labor Relations Commission and
the Court of Appeals likewise ruled in favor of the respondent. In view thereof, LBC filed this
petition, arguing that they should not be liable for constructive dismissal, and that it cannot be
held liable for the sexual acts of Batucan.
ISSUES:
Whether or not the sexual harassment done to Monica Palco constitutes to her
constructive dismissal.
RULING:
Yes, the sexual harassment done to Palco can be a compelling reason for her to complain
against constructive dismissal.
Constructive dismissal occurs when an employer makes and employee’s continued
employment impossible, unreasonably or unlikely, or has made an employee’s working conditions
or environment harsh, hostile, and unfavorable, such that the employee feels obliged to resign
from his or her employment.
One of the ways by which hostile or offensive work environment is created is through the
sexual harassment of an employee. Palco posited in this case that her resignation was not
voluntary but was borne out of the hostile work environment brought about by Batucan’s sexual
harassment.
Thus, this petition was denied by the Supreme Court.
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