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Sexual harrassment.. Please help. urgent!

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1 Sexual harrassment.. Please help. urgent! on Mon Apr 28, 2014 1:26 am


Arresto Menor
Hi lawyers,

I am desperately need your help here. I need your opinion about this complaint na ihahain ko sa labor union namin. What do you think of this statement, may laban kaya?

i replaced our names to keep confidentiality. hope you all understand.

thanks in advance.

God bless us all.

I, YYY, AAA Assistant of AAAA Lucena is hereby formally filing a sexual harassment complaint against Mr. XXX, AAA Officer of AAA Lucena.
It has been two weeks since Mrs. XXX, his wife has been continuously sending explicit and inappropriate text messages to my husband threatening my life, my work and spreading lewd picture to social media causing distress to me and to my family.
Her scandalous acts began when she saw a picture of a female private part on his phone.  She assumed it was mine because it was consecutively placed after my self portrait picture. I sent that picture that I simply downloaded from the internet and posed it as if it was mine and sent it to him as he persistently requested for it. He had been harassing me to send those kinds of pictures for days and just to make him stop, I consequently searched on the internet and edited it through some camera applications on my phone. Because of his authority as my immediate supervisor, I was forced to send it to him to avoid conflict on our work. He promised to delete it anyway right away he saw it.
Mr. XXX and I have been officemates since 2009 and we have built friendship and trust over the years. These recent three months, we have been exchanging text messages and chatted over different social media.  Along with these, he had been offering me gifts and confessing his feelings for me. I kept my silence with this, and went on with his foolish sweet text messages. Like any other of my female and male friends, I am used to send text messages even in most unholy hours of the night, Mr. XXX for me was just like one of them.  No intimate physical contact had ever happened to us during this period establishing that we did not committed any acts of adultery as his wife has been claiming. I firmly believe that I did not enter into some serious illicit affair for solely exchanging text messages.
During these months, Mr. XXX and I were joking around the office to elevate boredom and monotony at work.  However, I believe that some of his acts were beyond professional decorum. Even our head, Ms. ZZZ had been observing strange ways of Mr. XXX for acting differently unlike before. For me, I continued to work normally and professionally, taking things lightly knowing that I am not causing harm to any person or family.
On February 22, 2014, around 4 pm in the afternoon, after I finished my assigned schedule, I went down to our comfort room for personal relief. However, while I am still inside, Mr. XXX forcibly entered the room twice. Because he is stronger than me, and because the door lock had not been functioning properly, he successfully entered the room. I was able to make him go outside but he returned and entered again for the second time. This incident was witnessed by our head, Ms. ZZZ as she reviewed it in our CCTV.  In her shock, she was not able to ask explanations neither from me nor from Mr. XXX.  She was able to talk to the latter few days after the incident and after numerous reviews on our CCTV.  This untoward incident is a clear act of sexual harassment taking my vulnerability as a woman with less power to his advantage. I kept mum about this thinking that this will only cause serious scandalous issues inside and outside our office. I also thought that if I filed a case about this during that time, Mr. XXX will use his authority to influence negative thoughts and spread rumors about me to our officemates and co-workers.
One day earlier in the month of March, while our head, Ms. ZZZ was on vacation leave, Mr. XXX pulled my head towards him acting he was about to kiss me.  This scene was actually seen by my other co- workers. Taking things lightly, and that  no actual kiss happened, I simply ignored this inappropriate act. He is  in his authority and I am just a staff, I did not want to cause any commotions at our office so I kept my silence.
Later, also in the month of March, days after he was satisfied for the picture that I sent , I was asked by Mr. XXX what gift do I want. I refuted what for, he told me he just felt he wanted to give me something.  After a few days, he presented me a ring with diamonds in it but I refused to receive it thinking that it was just too much. It was a clear inappropriate act for a supervisor to give or offer something valuable to his staff as it can bear malicious intentions to take advances in any situations both  in professional or personal matter.  Mr. XXX has been taking advantage on his position as a supervisor to manipulate and control my decision to push this complaint.

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2 Re: Sexual harrassment.. Please help. urgent! on Mon Apr 28, 2014 9:48 am


Arresto Menor
The only question is do you have any evidence which will show that he "demanded" for sexual favor using his ascendancy as your immediate supervisor? The thing I mentioned here is an indispensable requirement before one can be held liable for the crime of sexual harassment. Your case, base on the scenario you have given, may fall under acts of lasciviousness a crime against chastity define and penalize under the Revised Penal Code. Now, with regard your question kung may laban ka ba? Yes, definitely, but as I said, your case may be treated as one of Acts of Lasciviousness rather than sexual harassment, and of course expect that he will raise as his defense the (SWEATHEART DEFENSE) he will simply claim that you have amorous relationship with him using your text messages and pictures as an evidence, and of course, he will say that you have option to resign if indeed there is harassment but you didn't, why? because it's a BF and GF thing. good luck to your case.

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