Case Digest: Libres v. NLRC & National Steel Corporation, G.R. No. 123737, May 28, 1999

 Labor Law | Employment of Women

Facts:

• Carlos G. Libres, an electrical engineer and Assistant Manager at National Steel Corporation (NSC), was accused of sexual harassment by his subordinate, Susan D. Capiral.
• An internal investigation was conducted by NSC's Management Evaluation Committee (MEC), which found Libres guilty. It opined that touching a female subordinates hand and shoulder, caressing her nape and telling other people that Capiral was the one who hugged and kissed or that she responded to the sexual advances are unauthorized acts that damaged her honor.
• Libres was suspended for thirty (30) days without pay based on MEC's recommendation.
• Libres filed a complaint for illegal suspension and unjust discrimination against NSC and its officers before the Labor Arbiter, claiming denial of due process.
• Labor Arbiter: Ruled that due process was observed, and there was a positive finding of sexual harassment justifying Libres' suspension. 
• The Labor Arbiter observed that petitioner should welcome that his penalty was a 30-day suspension, not termination, considering the severity of the offense as opposed to termination imposed in Villarama v. NLRC and Golden Donuts.
• NLRC: Upheld the decision of the LA.

WoN there was valid cause to terminate petitioner. YES

Petitioner assails the failure of the NLRC to strictly apply RA No. 7877 to the instant case. We note however, that petitioner never raised the applicability of the law in his appeal to the NLRC nor in his motion for reconsideration. Issues or arguments must chiefly be raised before the court or agency concerned so as to allow it to pass upon and correct its mistakes without the intervention of a higher court. Having failed to indicate his effort along this line, petitioner cannot now belatedly raise its application in this petition.

Republic Act No. 7877 was not yet in effect at the time of the occurrence of the act complained of. It was still being deliberated upon in Congress when petitioners case was decided by the Labor Arbiter. As a rule, laws shall have no retroactive effect unless otherwise provided, or except in a criminal case when their application will favor the accused. Hence, the Labor Arbiter have to rely on the MEC report and the common connotation of sexual harassment as it is generally understood by the public. Faced with the same predicament, the NLRC had to agree with the Labor Arbiter. In so doing, the NLRC did not commit any abuse of discretion in affirming the decision of the Labor Arbiter.

Petitioner next trains his gun on the reliance by the NLRC on Villarama and claims it was erroneous. We rule otherwise and hold that it was both fitting and appropriate since it singularly addressed the issue of a managerial employee committing sexual harassment on a subordinate. The disparity in the periods of filing the complaints in the two (2) cases did not in any way reduce this case into insignificance. On the contrary, it even invited the attention of the Court to focus on sexual harassment as a just and valid cause for termination. Whereas petitioner Libres was only meted a 30-day suspension by the NLRC, Villarama, in the other case was penalized with termination. As Mr. Justice Puno elucidated, As a managerial employee, petitioner is bound by more exacting work ethics. He failed to live up to his higher standard of responsibility when he succumbed to his moral perversity. And when such moral perversity is perpetrated against his subordinate, he provides a justifiable ground for his dismissal for lack of trust and confidence. It is the right, nay, the duty of every employer to protect its employees from oversexed superiors. Public respondent therefore is correct in its observation that the Labor Arbiter was in fact lenient in his application of the law and jurisprudence for which petitioner must be grateful and not gripe against.

Petitioner further claims that the delay in instituting the complaint shows that it was only an afterthought. We disagree. As pointed out by the Solicitor General, it could be expected since Libres was Capirals immediate superior. Fear of retaliation and backlash, not to forget the social humiliation and embarrassment that victims of this human frailty usually suffer, are all realities that Capiral had to contend with. Moreover, the delay did not detract from the truth derived from the facts. Petitioner Libres never questioned the veracity of Capirals allegations. In fact his narration even corroborated the latters assertion in several material points. He only raised issue on the complaints protracted filing.

On the question of due process, we find that the requirements thereof were sufficiently complied with. Due process as a constitutional precept does not always and in all situations require a trial type proceeding. Due process is satisfied when a person is notified of the charge against him and given an opportunity to explain or defend himself. The essence of due process is simply to be heard, or as applied to administrative proceedings, an opportunity to explain ones side, or an opportunity to seek a reconsideration of the action or ruling complained of. It is undeniable that petitioner was given a Notice of Investigation informing him of the charge of sexual harassment as well as advising him to submit a written explanation regarding the matter; that he submitted his written explanation to his superior, Isidro F. Hynson Jr.; that Hynson Jr. further allowed him to air his grievance in a private session; and, that upon release of the suspension order made by the MEC petitioner requested its reconsideration but was denied. From the foregoing it can be gleaned that petitioner was given more than adequate opportunity to explain his side and air his grievances.

The personal confrontation with the MEC officers, which he requested, was not necessary. The parties had already exhaustively presented their claims and defenses in different fora. As stated in Homeowners Savings and Loan Association v. NLRC, litigants may be heard through pleadings, written explanations, position papers, memoranda or oral arguments. Petitioner has been afforded all of the above means to air his side. Due process was therefore properly observed.