Sexual Harassment in the
Philippine Workplace
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PART 1
Case Summary
TITLE OF THE CASE
NARVASA VS. SANCHEZ, JR.
G.R. NO. 169449: MARCH 26, 2010
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).
PART 2
THE FACTS
THE FACTS
The 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
THE FACTS
The Acts of Sexual Harassment
 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”.
THE FACTS
The Acts of Sexual Harassment
 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.
THE FACTS
The Acts of Sexual Harassment
 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.

THE FACTS
The Acts of Sexual Harassment
 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.
PART 3
FINDINGS
AND
PENALTIES
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 FINDINGS AND PENALTIES
 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
harassment
2. 30 days suspension for his first offense of less
grave sexual harassment.
THE FINDINGS AND PENALTIES
 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 FINDINGS AND PENALTIES
 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 FINDINGS AND PENALTIES
 The ISSUE:
Whether or not the acts committed by
Sanchez, Jr. constituted sexual harassment
which is punishable under RA 7877, the AntiSexual Harassment Act of 1995.
THE FINDINGS AND PENALTIES
 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 FINDINGS AND PENALTIES
 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.
Republic Act No. 7877
SEXUAL
HARASSMENT
ACT OF 1995
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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?
 Physical
 Verbal
 Use 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 supervisor
4. Agent of the employer
5. 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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When is Sexual Harassment committed?
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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When is Sexual Harassment committed?
In an education or training environment,
sexual harassment is committed
1. 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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When is Sexual Harassment committed?
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
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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
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
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TO QUOTE
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
THANK YOU
Guillao
Sagubo
Velasco