SEXUAL HARASSMENT CASES AGAINST JUDGES

IN THE PHILIPPINES

BY JUDGE ELIZA B. YU, LLM, DCL

The following are sexual harassment cases against judges in the

Philippines:

1. Judge in violent kissing incident was dismissed.

Based on the foregoing findings, the Investigating Justice made

the following conclusions: a) that there is sufficient evidence to
create a moral certainty that respondent committed the acts
complained of, especially the violent kissing incident which
transpired last December 6, 1995; b) that complainant and her
witnesses are credible witnesses who have no ulterior motive or
bias to falsely testify against respondent; c) that respondent's
denials cannot prevail over the weight and probative value of the
affirmative assertions of complainant and her witnesses; d) that
respondent's poem has damned him, being documented proof of
his sexual intentions towards the complainant; e) that by filing her
charges imputing to respondent a crime against chastity and with
her background as a lawyer and a court employee, complainant
was well-aware that her honor would itself be on trial; f) that it is
unbelievable that complainant, a demure newly-married lady and
a religious person, would fabricate a story with such severe
implications on respondent's professional and personal life just to
get even with respondent for an alleged simple scolding incident;

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and g) that by doing the acts complained of, respondent has
tempted the morals of not only complainant but also the other
court employees over whom he exercised power and influence as
Executive Judge. The Investigating Justice thereupon,
recommended that respondent be dismissed from the service with
prejudice to re-appointment in any other government position and
with forfeiture of all benefits and privileges appertaining him, if
any. The Court has reviewed the record of this case and has
thereby satisfied itself that the findings and recommendations of
the Investigating Justice are in truth adequately supported by the
evidence and are in accord with applicable legal principles. The
Court agrees and adopts such findings and recommendations
(Tabons v. judge Arceo, A.M. No. RTJ-96-1336, July 25, 1996).

http://sc.judiciary.gov.ph/jurisprudence/1996/jul1996/rtj 96 1336.
htm

2. Dismissal of complaint against an alleged kissing Judge

inside a comfort room.

Going over the testimonial and documentary evidence thus

adduced during the investigation, the proof-beyond-
reasonable-doubt threshold required under the premises has
not been hurdled. As it were, circumstances obtained and/or
credible evidence presented tended to cast a heavy cloud on
complainants credibility and, necessarily, her case (Alcuizar v.
Judge Carpio, A.M.-RTJ-07-2068, August 7, 2007).

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http://www.lawphil.net/judjuris/juri2007/aug2007/am rtj-07-
2068 2007.html

3. Judge who allegedly kissed a clerk on the lips was exonerated.

In the case at bar, while it is true that the element of moral

ascendancy is present, respondent being the person who
recommended complainant to her present position, complainant
has failed to prove the alleged sexual advances by evidence other
than her bare allegations in the affidavit-complaint. Even her own
actions or omissions operate to cast doubt on her claim. With no
witnesses presented to prove or refute the allegations of the
complaint, the case becomes a battle of complainants word
against respondents (Alegria v. Judge Duque, A.M. No. RTJ-06-
2019, April 4, 2007).

http://www.lawphil.net/judjuris/juri2007/apr2007/am rtj 06 2019

2007.html

4. Sexual harassment case against a Judge was dismissed.

Under Section 3 of A.M. No. 03-03-13-SC (Re: Rule on

Administrative Procedure in Sexual Harassment Cases and
Guidelines on Proper Work Decorum in the Judiciary), work-
related sexual harassment is committed by an official or employee

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in the Judiciary who, having authority, influence or moral
ascendancy over another in a work 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 latter. It is committed when 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 any way would discriminate, deprive or
diminish employment opportunities or otherwise adversely affect
said employee. In this case, while respondent exercised moral
ascendancy over Ripdos and Herradura, his subordinates at
Branch 145 where he had temporarily presided as Pairing Judge at
the time, the alleged sexual advances by respondent were not
proven with moral certainty. We find that the totality of evidence
failed to convince that respondent committed the acts imputed
against him.

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/
2015/february2015/RTJ-13-2363.pdf

*Makati RTC Judge was placed in a preventive suspension during

the duration of the investigation, and he was exonerated from the
administrative case, were there payments of the compulsory
premiums and mandatory withholding taxes as provided by
special laws?

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**An exonerated Judge under a preventive suspension is
entitled to back salaries and allowances in the Civil Service
Rules and jurisprudences that are not tax free under the National
Internal Revenue Code.

***Payments of compulsory premiums are determined solely by

employer and employee relationship (Franklin Baker v. SSS,
G.R. No. L-17361, April 29, 1968).

The following are useful links:

http://www.academia.edu/31669011/Inquiries on the Non-

Payment of Mandatory Withholding Taxes and Non-Remittance
of Compulsory Premiums of Dismissed Judges b
y the Office of the Court Administrator Rule of Greedy Men

http://www.academia.edu/31669040/Answer to Inquiries on the

Non-
Payment of Mandatory Withholding Taxes and the Non-
Remittance of Compulsory Premiums of Dismissed Judges b
y the Office of the Court Administrator Rule of Lawless Men

http://www.academia.edu/31669315/Commentaries on the Susp

ension Without Pay of Dismissed and Disbarred RTC Judge of
Makati City