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The Supreme Court has found former National Labor Relations Commission (NLRC) Chairman Rogelio I. Rayala (Rayala) guilty of committing acts of sexual harassment against Ma. Lourdes T. Domingo, a stenographic reporter at the NLRC.

In a 31-page decision penned by Justice Antonio Eduardo B. Nachura, the High Court’s Third Division upheld the finding of the Committee on Decorum and Investigation (CODI), the Office of the President (OP), and the Court of Appeals (CA)  that Rayala committed the administrative offense of sexual harassment under RA 7877, the Anti-Sexual Harassment Act. The Court held that the demand, request, or requirement of a sexual favor need not be articulated in a categorical oral or written statement and instead may already be sufficiently discerned from the offender’s acts. Even though no offer of work favors, such as continued employment or promotion, nor threats such as dismissal, were extended by Rayala to Domingo, the Court found the acts complained by Domingo as enough conditions for harassment for generating “an intimidating, hostile, or offensive environment for the employee,” which is one of the conditions provided under Section 3 of RA 7877, defining work-related sexual harassment.

The Court also dismissed Rayala’s allegations of conspiracy constituting political harassment in the absence of proof of ill motive on the part of Domingo, together with other NLRC employees as her witnesses, who stood to lose their jobs, among other unpleasant consequences, for pressing charges against the highest official of NLRC.

The Court also affirmed the penalty of one-year suspension imposed by the CA. Under AO 250 or the Rules and Regulations Implementing RA 7877 in the Department of Labor and Employment, the maximum penalty for the first offense of acts of disgraceful and immoral conduct is suspension for one-year. The second offense merits dismissal. Thus the Court, however held that the OP cannot validly dismiss Rayala.

“Rayala has thrown every argument in the book in a vain effort to effect his exoneration.  He even puts Domingo’s character in question and casts doubt on the morality of the former President who ordered, albeit erroneously, his dismissal from the service. Unfortunately for him, these are not significant factors in the disposition of the case. It is his character that is in question here and sadly, the inquiry showed that he has been found wanting,” said the Court.
 
In 1998, Domingo filed before the DOLE Secretary a complaint for sexual harassment against Rayala accusing the former NLRC Chair of unsolicited and untoward acts of body contact, making statements with sexual overtones, initiating inappropriate conversations, and giving her unsolicited money for school expenses, among other promises of future privileges. After an investigation by the CODI constituted under RA 7877, the OP found Rayala guilty and thus ordered his dismissal from service. On appeal before the CA, the appellate court affirmed the OP’s ruling on Rayala’s commission of sexual harassment but modified the penalty from dismissal to one-year suspension in accordance with AO 250.
           

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