DOMINGO VS.

RAYALA
546 Scra 90

Facts:
Ma. Lourdes T. Domingo (Domingo), then Stenographic Reporter III at the NLRC, filed
a Complaint for sexual harassment against Rayala, the chairman of NLRC.
She alleged that Rayala called her in his office and touched her shoulder, part of her
neck then tickled her ears.  Rayala argued that his acts does not constitute sexual
harassment because for it to exist, there must be a demand, request or requirement of
sexual favor.

Issue:
Whether or not Rayala commit sexual harassment.

Rulings:
Yes.

The law penalizing sexual harassment in our jurisdiction is RA 7877. Section 3 thereof
defines work-related sexual harassment in this wise:
Sec. 3. Work, Education or Training-related Sexual Harassment Defined. – Work,
education or training-related sexual harassment is committed by an employer,
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.
(a) In a work-related or 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, conditions, promotions, or privileges; or the refusal to
grant the sexual favor results in limiting, segregating or classifying the employee which
in a way would discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee;
(2)  The above acts would impair the employee’s rights or privileges under existing
labor laws; or
(3)  The above acts would result in an intimidating, hostile, or offensive environment
for the employee.

even if we were to test Rayala’s acts strictly by the standards set in Section 3, RA
7877, he would still be administratively liable. It is true that this provision calls for a
“demand, request or requirement of a sexual favor.” But it is not necessary that the
demand, request or requirement of a sexual favor be articulated in a categorical oral or
written statement. It may be discerned, with equal certitude, from the acts of the
offender. Holding and squeezing Domingo’s shoulders, running his fingers across her
neck and tickling her ear, having inappropriate conversations with her, giving her
money allegedly for school expenses with a promise of future privileges, and making
statements with unmistakable sexual overtones – all these acts of Rayala resound with
deafening clarity the unspoken request for a sexual favor.