THIRD DIVISION
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DIGITEL*
TELECOMMUNICATIONS PHILIPPINES, INC., JOHNSON ROBERT L. GO** and ERIC J. SEVERINO,*** Petitioners, - versus - MARIQUIT SORIANO, Respondent. |
G.R.
No. 166039 Present: QUISUMBING, J., Chairperson, CARPIO,
CARPIO MORALES, TINGA, and VELASCO, JR., JJ. Promulgated: |
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D E C I S I O N
CARPIO MORALES, J.:
In issue in the present Petition for
Review[1] is
whether respondent, Mariquit Soriano (Mariquit), was forced to resign, due to
professional and sexual harassment, thus amounting to constructive dismissal.
The Labor Arbiter and the National
Labor Relations Commission (NLRC) held in the negative. The Court of Appeals held otherwise.
From the records of the case, the
following antecedent facts are culled:
In the third quarter of 1998, petitioner
Digitel Telecommunications Philippines, Inc. (Digitel) hired Mariquit, then of
48 summers, a Bachelor of Science in Nutrition graduate from the University of
the Philippines and a graduate school student of De La Salle University (she
had not submitted her thesis), as Director for Market and Communications
effective August 15, 1998.
Digitel’s co-petitioners Senior Vice
President for Business Division Eric J. Severino (Severino) and Senior
Executive Vice President Johnson Robert L. Go (Go) were Mariquit’s immediate
superior and next higher superior, respectively.
Working under Mariquit were Evelyn P.
Inductivo (Evelyn), Manager of the Promotion Section, Andrea S. Arnedo
(Andrea), Manager of the Corporate and Planning Information Section, and
Joselito Macachor (Macachor), Ad and
Promo Manager.[2]
In the Performance Review conducted by
Digitel for the period of
Mariquit later had a rift with
Macachor regarding an advertisement error.
She thus sought his termination through petitioner Severino. To her dismay, Severino merely arranged for
the transfer of Macachor to another department.
Mariquit’s performance soon began to
deteriorate. The Performance Review[4]
for the period of
REVIEW OF OVERALL PERFORMANCE:
(Special comments on performance in particular work areas, overall
performance and development under the covered period.)
Clearly, Ms. Soriano
possesses the requisite traits to be successful in her responsibility areas. The overall performance of the department
assigned to her in both quantitative and qualitative aspects, will increase
significantly with Ms. Soriano’s commitment to focus on output expectations.
TRAINING AND DEVELOPMENT:
(Please comment on the staff member’s training and development needs in
the year to come, taking into consideration his/her strengths and areas for
improvement.)
Ms. Soriano should endeavor to overcome whatever residual effects the P. Macachor situation caused. She should return to her overall sunny and cheerful disposition. This will significantly contribute to the positive department work atmosphere with improved performance as a result.[5] (Emphasis in the original; underscoring supplied)
Apparently in an attempt to shift the
blame on the unfavorable evaluation made on her, Mariquit gave unfavorable
evaluation of her two remaining managers, Evelyn and Andrea.
In a Memorandum of
For her part Andrea, in a Memorandum
of May 15, 2000[8] also
addressed to Severino, challenged the factual basis of her poor performance
rating and appealed for a new evaluation, she attributing as possible motive of
Mariquit her “hatred, prejudice, revenge and a desire to get rid” of her.[9]
Mariquit’s personal conflicts with
her two managers continued, prompting her to also demand the termination of
their services.[10] As in the case of Macachor, the management
retained them, however.
Mariquit later filed on
On August 22, 2000, Mariquit executed
a Deed of Quitclaim and Release[14]
acknowledging receipt from Digitel of the sum of P97,560.02, and declaring
therein that her resignation on June 30, 2000 was of her own free will and that
in consideration of the said amount, she was releasing and forever discharging
Digitel, its officers, managers or representatives or successors from all
claims or cause in connection with her employment therewith.
About five months after her execution
of the Deed of Quitclaim and Release or in January 2001, on the intercession of
Mariquit’s friend Emma Teodoro (Emma), Go and Mariquit, together with Emma, met
during which Mariquit is said to have pleaded for financial assistance. Go thus referred her to Digitel Executive
Vice President Policarpio B. Pau, Jr. (
Eleven months after her resignation
letter was filed or on May 28, 2001, Mariquit filed criminal complaints against
petitioners Go and Severino,[16]
for violation of R.A. 7877 (Anti-Sexual Harassment Law) and/or Article 336 of
the Revised Penal Code (Acts of Lasciviousness), before the Quezon City
Prosecutors Office which referred the complaints to the National Bureau of
Investigation (NBI).
The NBI recommended to the City
Prosecutor the filing of a case for sexual harassment against petitioner
Go. The City Prosecutor later dismissed
Mariquit’s complaints but, on her motion for reconsideration, it issued a
Resolution finding probable cause to hale Go to court for acts of
lasciviousness.[17] Go appealed the Resolution to the Department
of Justice (DOJ).
In Pau’s affidavit dated July 6, 2001
which Go submitted in connection with Mariquit’s criminal complaint against him,
Pau gave the following account of what transpired during his meeting with
Mariquit after Go had, as stated above, referred her to him.
x x x x
14. Sometime in January 2001 Ms. Soriano and her son went to my office; She told me that she had dinner with Mr. Johnson [Go] and a common friend and that Mr. Johnson [Go] told her to see me;
15. On my part, I was already expecting that this was what Mr. Johnson [Go] and I had agreed in principle earlier – to extend financial assistance, for humanitarians [sic], to Ms. Soriano;
16. To my surprise, Ms. Soriano told me that she was advised by her lawyer to explore means in settling her case with Mr. Johnson [Go]. She then told me that she needs money to: (a) send her children abroad, (b) to start a business of her own and (c) to pay the fees of her lawyers; Based on her insinuations I had the impression that she wanted millions of pesos;
17. Clearly, she had a wrong impression and it appeared to me that she is extorting money from the company; To end our conversation, I told her that if that is what she wanted I have no authority to grant the same, what the company intended was to give her a separation pay, even though she is not entitled to it; I also told her that maybe she has misunderstood the humanitarian gesture taken by the company; Thereafter, she already left the office.
x x x x[18] (Underscoring supplied)
About one and a half years after she
filed her letter of resignation or on
By Decision of
The factual background of this case clearly shows that complainant voluntarily resigned from her employment. We sympathize with her but we cannot sustain her contention that she was constructively dismissed. With complainant’s educational and professional background, it would be absurd to assume that she did not understand the import of her own words and the consequences of her own acts of voluntary resignation.
Complainant’s submission that she was “forced to resign” because of the way she was sexually and professionally harassed by respondents Eric J. Severino and Johnson Robert L. Go were not sufficiently established by substantial, concrete and credible evidence.
The
affidavit of Ms. Sta. Clara [submitted by Mariquit] is purely hearsay evidence. Her statements do not
even qualify as part of the res gestae.
Ms. Sta. Clara was not personally present during the times that
respondent Go allegedly poked, several times, at complainant’s private parts.
Neither was she physically present when respondent Severino was allegedly
staring at complainant’s crotch and made suggestive remarks to the latter. She, therefore, could not concretely,
credibly nor substantially testify as to those facts or circumstances that she
acquired through her own perception or organs of sense. Her affidavit does not establish the truth of
the facts stated therein.
The affidavit of Mr. Frank Wenceslao [also submitted by Mariquit] is not only telling, so to speak; it is also highly suspect. It is likewise hearsay, as that of Ms. Sta. Clara’s. It must be taken with utmost precaution. It should be carefully scrutinized. Mr. Wenceslao knew that respondent Go and his brother Henry were “reputed to be womanizers.” Why then would he (Wenceslao) encourage the mother of his own love child to apply and accept a job offered by respondent company knowing fully well that she, with whom he was again sleeping together at that time, would be working with and for Mr. Go who has a “questionable reputation” with women? Why would he have prevailed upon complainant who already wanted to resign from her job during those periods that she was being allegedly professionally and sexually harassed? His testimony is that of an “interested person” and should thus be rejected.
Complainant’s own allegation, although they are so detailed, appear incredible if not downright puny. An analysis of her statements shows that her own conclusion that she was being sexually and professionally harassed was on the basis of her own suppositions, conjectures, and surmises. Some of her statements are inconsistent. She could not satisfactorily explain her allegation that she was consistently professionally harassed by respondent Severino. The latter’s alleged words: “How come you claim you know so much yet nothing ever gets done in your department?” do not jurisprudentially constitute nor clearly establish “professional harassment.” Aside from these words, the complainant could only venture to allege instances in general and vague terms.
As to the facts allegedly constituting “sexual harassment” advanced by Go and Severino, after an objective analysis over their assertions as stated in their respective counter-affidavits and further considering the other supporting documents attached to the respondents’ pleadings, it is found that these far out weigh the complainant’s own evidence.[22] (Emphasis and underscoring supplied.)
The Labor Arbiter also observed:
One
last note: During the initial mandatory conference on
The conduct displayed by the complainant in the presence not only of the undersigned, the parties’ respective legal counsels but also with complainant’s own daughter around shows much of her character.[23] (Underscoring supplied)
The Labor Arbiter thus disposed:
WHEREFORE, in view of the foregoing, judgment is hereby rendered DISMISSING this complaint for constructive dismissal for lack of merit.
The counterclaim of the respondents is likewise dismissed for lack of merit.
All other claims herein sought and prayed for are hereby denied for lack of legal and factual bases.[24]
On appeal, the NLRC referred the case
to Labor Arbiter Thelma M. Concepcion “for review, hearing when necessary with
power to cite the parties for contempt under Article 218(d), Labor Code and
submission of report for the Commission’s deliberation.”[25]
Finding Labor Arbiter Concepcion’s
In holding that Mariquit voluntarily
resigned and accordingly dismissing her appeal, the NLRC, by Decision dated
x x x x
With such tendency to threaten resignation everytime higher management would refuse her demand to transfer subordinates who had administrative differences with her, we therefore have no doubt that complainant voluntarily resigned when respondent Severino refused to heed her demand that Ms. Arnedo and Ms. Inductivo, her subordinates, be transferred to other departments. We also have no doubt that such resignation does not constitute constructive dismissal, much less an illegal one.
x x x x[28] (Underscoring supplied)
Her motion for reconsideration having
been denied by the NLRC by Order of
The appellate court, by Decision of
WHEREFORE,
premises considered, the present petition is hereby GIVEN DUE COURSE and the
questioned Decision and Resolution of the NLRC dated August 18, 2003 and
January 30, 2004, respectively, are hereby both ANNULLED and SET ASIDE. Private respondents are hereby declared
liable for illegal dismissal and are consequently ordered to pay petitioner
jointly and severally the back wages due to her computed from
Further, private respondents are hereby ordered to pay petitioner the sums of P200,000.00 and P100,000.00 as moral and exemplary damages, respectively, as well as attorney’s fees in the amount equivalent to 10% of the total monetary award.
No pronouncement as to costs.[33]
Petitioners’ Motion for
Reconsideration having been denied by Resolution of
I.
THE HONORABLE COURT OF APPEALS ERRED IN GIVING RESPONDENT’S PETITION FOR CERTIORARI DUE COURSE, THERE BEING NO GRAVE ABUSE OF DISCRETION EITHER BY THE NLRC OR THE LABOR ARBITER AMOUNTING TO LACK OR EXCESS OF JURISDICTION.
II.
THE HONORABLE COURT OF APPEALS COMMITTED AN ERROR OF LAW IN REVERSING AND DISTURBING THE FINDINGS OF FACT AND CONCLUSIONS OF AN ADMINISTRATIVE AGENCY WHICH ARE SUPPORTED BY SUBSTANTIAL EVIDENCE.
A. THE FINDINGS AND CONCLUSIONS OF THE NLRC ARE CONSISTENT WITH THE FINDINGS OF THE LABOR ARBITER, AND BOTH ARE DULY SUPPORTED BY SUBSTANTIAL EVIDENCE.
B. THE FINDINGS OF FACT OF THE ADMINISTRATIVE
AGENCY HAVING THE
C. THE FINDINGS OF THE ADMINISTRATIVE AGENCY MAY BE REVERSED ONLY ON CLEAR SHOWING OF PALPABLE ERROR.
III.
THE COURT OF APPEALS ERRED WHEN IT FOUND PETITIONERS GUILTY OF ILLEGAL DISMISSAL CONSIDERING THAT THE HONORABLE COURT MADE SEVERAL FINDINGS OF FACT WITH ABSOLUTELY NO EVIDENTIARY SUPPORT OR BASIS ON RECORD, AND RULED ON SOME ISSUES WHICH NEITHER RESPONDENT NOR PETITIONERS RAISED IN THE PRESENT CASE.
A. THE COURT OF APPEALS GAVE UNDUE AND UNDESERVED CREDENCE TO THE PSYCHOLOGICAL EVALUATION REPORT SUBMITTED BY DR. MAGNO.
B. THE EVIDENCE ON RECORD DOES NOT ESTABLISH THAT SEXUAL HARASSMENT DID OCCUR.
C. PETITIONERS SHOWED SUFFICIENT EVIDENCE BY WAY OF AFFIDAVITS TO DISPUTE THE ALLEGATIONS OF SEXUAL HARASSMENT AND CONSTRUCTIVE DISMISSAL. THESE SHOULD NOT HAVE BEEN SIMPLY BRUSHED ASIDE BY THE COURT OF APPEALS.
D. THE COURT OF APPEALS MADE OTHER FACTUAL FINDINGS THAT LACKED COHERENCE OR BASIS, DEFIED LOGIC, OR WERE OTHERWISE IMMATERIAL TO THE REOLUTION OF THE CASE, AND DISREGARDED OTHER ARGUMENTS AND EVIDENCE PRESENTED BY PETITIONERS.
E. THE COURT OF APPEALS ERRED IN AWARDING BACKWAGES, SEPARATION PAY, AND DAMAGES, (Emphasis and underscoring supplied),
and pleading that
IV
JUSTIFIABLE REASONS REQUIRE THE SUPREME COURT TO REVIEW THE FINDINGS OF FACT OF THE COURT OF APPEALS.[35] (Emphasis and underscoring supplied)
The first two errors
assigned by petitioners, along with their plea for a review of the appellate
court’s findings of fact, being interrelated, shall be discussed
simultaneously.
Petitioners contend that
in certiorari proceedings, judicial review does not go as far as evaluating the
sufficiency of evidence upon which the Labor Arbiter and the NLRC had based
their conclusion, and while the Court of Appeals concluded that the factual
findings of the NLRC are “arbitrary and unfair,” it failed to show the basis
thereof.
Further, petitioners contend that the
factual findings of the Court of Appeals are based on misapprehension of facts
and speculations, surmises, or conjectures.
It is settled that factual findings
of labor administrative officials, if supported by substantial evidence, are
accorded not only great respect but even finality, unless there is a showing
that they arbitrarily disregarded the evidence before them or had
misapprehended evidence of such nature as to compel a contrary conclusion if
properly appreciated.[36]
Judicial
review of decisions of the NLRC via petition for certiorari under Rule 65 is
confined only to issues of lack or excess of jurisdiction and grave abuse of
discretion on the part of the NLRC.[37] Thus Danzas
Intercontinental, Inc. v. Daguman[38] teaches:
x x x As a general rule, in certiorari proceedings under Rule 65 of the Rules of Court under which the petition was brought to the Court of Appeals, the appellate court does not assess and weigh the sufficiency of evidence upon which the labor arbiter and the NLRC based their conclusions, the query being limited to the determination of whether or not the NLRC acted without or in excess of its jurisdiction or with grave abuse of discretion in rendering its resolution, except if the findings of the NLRC are not supported by substantial evidence.[39] (Italics in the original; underscoring supplied)
In
her petition for certiorari before the Court of Appeals, Mariquit attributed to
the NLRC the commission of grave abuse of discretion tantamount to lack or
excess of jurisdiction “in dismissing the complaint for illegal dismissal[,] ignoring
clear and convincing proof of sexual harassment.”[40] (Underscoring supplied)
It
was thus incumbent for Mariquit to prove before the appellate court grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the NLRC.[41]
Mariquit
failed to discharge the burden, however.
Contrary
to Mariquit’s submission, the NLRC did not disregard the evidence she proffered
to prove that sexual harassment forced her to resign. Thus the NLRC observed:
Indeed, the record is replete with substantial evidence showing that the complainant was not forced to resign through any act of sexual harassment. Rather, as reported by Arbiter Concepcion and as admitted in complainant’s position paper [dated April 26, 2002], she voluntarily resigned when “her repeated requests for the transfer to some other department of two of her key personnel, Ms. Andrea Arnedo and Ms. Evelyn Inductivo” were refused by “respondent Severino.”[42] (Emphasis and underscoring supplied)
Petitioners’ third
assigned error which bears on her claim of sexual harassment calls for a
determination of the weight of Mariquit’s evidence of forced resignation.
Significantly, after the
Court of Appeals promulgated on August 20, 2004 its assailed Decision finding
Mariquit to have been forced to resign, and on November 10, 2004 its Resolution
denying herein petitioners’ Motion for Reconsideration, the DOJ, through
Undersecretary Ernesto Pineda, acting on petitioner Go’s petition for review of
the earlier-mentioned Quezon City Prosecutor’s Resolution adverse to Go, issued
a Resolution of April 4, 2005 reversing the Prosecutor’s Resolution.
Held the DOJ:
Under the circumstances, it is improbable for respondent Go to have committed the alleged acts of lasciviousness. In the company party held [on November 19, 1999] in Quezon City, more or less sixty (60) people were present occupying the living room and lanai area of the residence of Policarpio B. Pau, Jr. It is highly unthinkable that respondent Go would make any sexual advances in the presence of so many people and no one would notice. Aside from complainant’s allegations, there is nothing on record to corroborate the same. In fact, not one of the sixty (60) guests supported her claims. On the other hand, respondent Go submitted the affidavit of the party’s host, Policarpio B. Pau, Jr., stating that he never saw respondent Go make advances to complainant. Moreover, according to another guest, Ms. Purisima Y. Velasco, respondent Go talked to complainant for a while and proceeded to join the other guests.
The conduct of the victim
immediately following the alleged assault is of utmost importance so as to
establish the truth or falsity of the charge for acts of lasciviousness. Complainant’s deportment seemed unnatural for
someone who allegedly went through a harrowing experience. For evidence to be believed it must not only
proceed from the mouth of a credible witness but must be credible in itself
such as the common experiences and observation of mankind can approve under the
circumstances. In the instant case after
the alleged sexual advances, complainant continued working for Digitel until
her resignation effective on
Indeed,
complainant’s uncorroborated testimony is not sufficient to sustain a
finding of probable cause for acts of lasciviousness against respondent Go.
WHEREFORE, in view of the foregoing, the assailed resolution is hereby REVERSED and SET ASIDE. The City Prosecutor of Quezon City is directed to cause the withdrawal of the Information for acts of lasciviousness against respondent Robert Johnson L. Go and report to this Office the action taken within ten (10) days from receipt hereof.[43] (Emphasis and underscoring supplied).
At
this juncture, this Court could stop and refrain from calibrating the evidence
on whether sexual harassment indeed forced Mariquit to resign. For Pono
v. National Labor Relations Commission[44]
instructs:
x x x The Court takes cognizance of the fact that a criminal complaint for attempted rape or acts of lasciviousness filed by Pono against Castillo before the Prosecutors Office in Makati was eventually dismissed due to lack of merit, which dismissal was affirmed by the Department of Justice. Indisputably, an investigating fiscal is under no obligation to file a criminal information where he is not convinced that he has the quantum of evidence at hand to support the averments.
Thus, the determination of the persons to be prosecuted rests primarily with the prosecutor who is vested with quasi-judicial discretion in the discharge of this function. The courts should give credence, in the absence of a clear showing of arbitrariness, to the findings and determination of probable cause by prosecutors in a preliminary investigation.[45] (Emphasis and underscoring supplied)
Absent
any showing that the DOJ acted with arbitrariness, this Court is bound to
accept its findings as it is this department which has control and supervision
over public prosecutors.
Nonetheless,
this Court has given the evidence a hard look if only to put to rest any
nagging doubts on the correctness of the assessment thereof by the lower
tribunals.
To
prove that she was sexually harassed to thus force her to resign, Mariquit
submitted before the Labor Arbiter the following documents as part of her
Position Paper dated
In
her
x x x x
8. Sometime in May 1999, during a cocktail party
for the sales department of Digitel held at the Summit Lounge of the Manila
Galleria Suites, Go, after noticing that I was wearing a short skirt,
insisted that I sit down so that he could take a better look at my legs.
9. On
10. After the sales conference, Go became more attentive to me and began to drop by at my office to start a conversation with me. Such sudden display of affection disturbed me as well as made me feel awkward whenever Go approached me;
11. In October 1999, during a farewell party for departing Digitel officers held at the residence of Digitel employee Matet Ruiz, Go insisted that I dance with him. Fearful of causing a scene at a public gathering, I agreed to dance a few steps with him and when I attempted to sit down, Go blocked my way and pinched my waist;
12. On 19 November 1999, during another party given by an officer of Digitel, Mr. Policarpio B. Pau at his residence in Quezon City, I could no longer elude Go’s advances because he cornered me on a sofa by sitting so close and in such a way that I was virtually pinned against the side of the sofa. Go held my hand and started massaging it in the guise of looking at the ring that I was then wearing. Because I felt uncomfortable and uneasy with Go’s repulsive actions, I took off the ring and gave it to him. To date, Go has not yet returned the ring to me.
13. Go then crept his hand under the throw pillow which I had placed to separate me from Go to reach for my vagina and to poke it several times. I could not escape because I was hemmed in by the arm of the sofa.
14.
When I was finally able to extricate myself from Go’s clutches, I stood
up, but Go pulled me to the dance floor, pressed me close to him and moved
his hand across my back to feel my body. I tried to move away from him and
at the same time tried not to attract anyone’ [sic] attention nor to cause a scene. Go then whispered in my ears, “Do not push me, I could make life in
Digitel easy for you. I can take care of
your promotion and give you rewards.”
15. In order to break free from Go’s holds, I maneuvered to turn to the beat of the music. Go then reached out his hand and groped my breast, caressed my back and reached inside my blouse to rub me from up my brassieres down to my buttocks. As I was trying to resist Go’s sexual advances, Go again hinted that my promotion would be accelerated if I would only be “nice” to him.
16.
On
x x x x[49] (Italics in the original; emphasis and underscoring supplied)
As
regards petitioner Severino, Mariquit stated:
x x x x
18. I also caught Severino looking at my legs up to the back of my thighs on several occasions, to wit: (a) in January 1999 when he intentionally pointed to my legs to a fellow company officer who also looked at them; (b) in the NEAX Training Room in February 1999 when I picked up things I dropped on the floor, where Severino even walked behind me to get a better view of my thighs; and (c) during our out-of-town strategic planning session in September 1999 at the Princess Urduja Hotel in Pangasinan.
19. Whenever Severino presided over meetings where I was asked to attend, he always tilted his head to look at my legs and peek in between my thighs thereby making me feel awkward and uncomfortable such that I preferred to sit with my back facing him.
20. During my last few months in Digitel, specifically March to June 2000, Severino purposely sat near me during meetings and intentionally brushed his legs on my legs;
21.
After the
x x x x (Italics in the original).[50]
Grace J. Sta. Clara, a licensed broker of the Insular Life
Assurance Co., Ltd. and, as stated above, a friend of Mariquit, declared in her
affidavit:
x x x x
7. That Ms. Soriano told me she often caught Severino staring at her crotch and made suggestive remarks, for instance, he asked her to wear shorts during out of town trips.
8. That the real shock to me was when Ms. Soriano
told me of the incident at a party given by one of Digitel
officials when she was harassed by Johnson Go, a brother of Mr. John Gokongwei
and Digitel’s Senior EVP, which in her words ran, more or less, as follows: “Hinipuan ako sa boobs at dinukot yon pipi
ko.”
9. That I asked Ms. Soriano to sue Johnson Go for his dastardly act but she hesitated understandably because, as a single parent with four children, she did not want to lose her job and decided to just avoid Go.
10. That after the incident and Go must have felt that Ms. Soriano was avoiding him, which he said so according to her, Severino suddenly changed his attitude toward her and, in Ms. Soriano’s words, began making impossible demands she could not possibly comply with.
11. That Ms. Soriano told me Severino must have been under pressure from Go to make her give in to his advances because he (Go) knew she was a single parent who could not afford to lose her job, which was a usual technique of a sexual predator like Go who reportedly used it in the past with female employees.[51]
x x x x (Italics in the original; underscoring supplied)
For his part, Francisco C. Wenceslao, father of one of
Mariquit’s four children, stated in his Affidavit:
x x x x
6. That I knew, with due respect to the memory of Mr. Henry Go, that he and his brother (Respondent Go) were reputed to be womanizers as, in fact, Henry while married impregnated his secretary but who he married eventually after reportedly divorcing his wife.
7. That even before I met Ms. Soriano and her joining Digitel, I already knew about Respondent Go’s said reputation that reportedly led to his separation from his wife and the resignation of lady employees not only from Digitel but also from other companies he was connected with.
8. That it was no surprise therefore when Ms. Soriano complained to me that Go made undeniable advances to her on at least two (2) occasions, to wit:
8.1 Sometime in late August 1999, Ms. Soriano confided to me that in a company sales conference at Manila Midtown Hotel, Respondent Go, who she barely knew then, sat close to her and began a conversation. He immediately and repeatedly dropped his hand on her lap and touched her thighs. She was naturally outraged by such brazenness from which she excused herself and moved away to join other Digitel employees on the dance floor.
8.2 In a party given by a company official, Mr. Policarpio Pau, in November 1999 at his residence in Loyola Heights, Quezon City, obviously with malicious forethought suddenly sat on the sofa’s side while massaging her hand and pretending to be interested in her ring. She removed the ring and gave it to him so he would release her hand. Worse, Go suddenly put his hand under her thigh and moved it as far as he could with clear intention to touch her private parts. According to Ms. Soriano, she was so embarrassed and would have melted if she were a candle because she sensed that Go was speaking in Chinese and telling other guests what he was doing to her.
9. That Ms. Soriano angrily related to me the above incidents immediately upon arriving home from each of the said occasions because during the time in question, Ms. Soriano and I were again sleeping together.
10. That Ms. Soriano was very angry and outraged on both occasions for the humiliation she suffered because Go treated her so cheaply in front of her fellow Digitel executives.[52]
x x x x (Underscoring supplied)
Wenceslao added:
x x x x
12. That Ms. Soriano told me about subsequent events in their office such as when Go visited her in the office to ask why she had been eluding him as if she did not like him at all.
13. That, according to Ms. Soriano, it was during that time when she began avoiding Go that she noticed a big change in Mr. Eric Severino’s attitude towards her as though he wanted to make her job as miserable and unbearable as he could possibly do because of the following incidents:
13.1 He raised his voice and was virtually shouting at Ms. Soriano during staff meetings with no apparent reason except to embarrass her in front of her colleagues and subordinates. As a result, two members of her staff, namely: Ms. Andrea Arnedo and Ms. Evelyn Indu[c]tivo, became defiant and uncooperative and refused to do the work Ms. Soriano assigned to them;
13.2 Severino refused Ms. Soriano’s repeated requests to transfer the two ladies to another department despite her imploring him to understand that the hostility of the two to her made it impossible to accomplish the work she assigned to them;
13.3 Severino became more demanding in imposing work deadlines while denying Ms. Soriano’s requests for approval of programs and projects that would enhance the work of her department, for instance, Severino cavalierly disapproved Digitel’s Web Magazine that would have been an effective marketing tool;
13.4 Severino denied outright Ms. Soriano’s recommendation to promote Ms. Lorraine Javier from a senior supervisory to managerial position without any explanation despite Ms. Soriano’s belief that the promotion was not only well deserved but would also improve her staff’s morale;
13.5 Their relationship became worse when Severino gave Ms. Soriano’s performance a rating of only 60% from 90% a year earlier.[53] (Underscoring supplied)
On the other hand, petitioners submitted the affidavits of Grace
D. Rallos-Bakunawa,[54] Ma.
Grace D. Rallos-Bakunawa, former Vice President for Human
Resource Division of Digitel, stated the following:
x x x x
5. I have never seen Mr. Johnson [Go] shower any female employee, moreso Mariquit with unusual attention or gaze for that matter that would make anyone believe Mariquit’s allegations that Mr. Johnson [Go] is interested in her sexually. I couldn’t really imagine that, considering Mariquit’s age and her being already a grandmother.
6. Owing to the character of Mr. Johnson, I wouldn’t have entertained the idea that he would harass her nor anyone sexually notwithstanding her claim that she is physically attractive. Further, someone of Mariquit’s age and stature would know how to conduct herself to avoid incidents, as she is claiming, unless the provocation would actually come from her.
x x x x
20. I was present during the sales conference at Manila Midtown Hotel in Ermita Manila on August 1999. During this occasion, she was never seated as she described, with Mr. Johnson Go. There were other male executives seated beside her and that I saw her disappear after dinner. I know that being the organizer of the conference, she had a room with her staff at the Midtown. I presumed she slept after that tiring day.
21.
I was also present at the birthday party of Mr. Jun Pau on
22.
My farewell party in Digitel, for clarification was on
23.
I never saw Mr. Johnson [Go] being seated beside Mariquit.
Further, that farewell party was exclusively tendered for me as it was my
advance birthday party, which was supposedly planned for October 3. Since I would be in
x x x x (Underscoring supplied)
x x x x
2. As an executive officer of Digitel I have been invited to both official as well as social functions/gathering of company officers and employees;
3.
On
4. The party was held in the living room, lanai and swimming pool area; However, since it rained during the party; my guests stayed at the living room and lanai area for most of the time; The lanai area and the living room [are] separated by a door which was left open during the party since the piano is located inside the living room; The said rooms are also well lighted since I have two chandeliers in the living room;
5.
I approximately had sixty guests all officers and employees of
Digitel; The party started from
6. Since I am the host of the party, I was all over the place entertaining and seeing to the convenience of everybody specially the senior executive officer, Mr. Johnson Robert Go;
7. I did not see any unusual event which took place during the party including the preposterous allegations made by Ms. Mariquit E. Soriano on the alleged indecent advances made against her by Mr. Johnson Go;
8. Since the party area is small, anyone can see everyone’s activity, any incident activity will definitely be noticed by everybody in the house;
9. On May 1999 I was present at the cocktail party held by Digitel on the Summit Lounge of Manila Galleria Suites (MGS); This was organized by the company for reaching its sales target; The function room of MGS can only accommodate 50-60 persons and there were 30-40 persons who attended the said cocktail party; Thus, we could all see each other in the room; As far as I can remember I did not notice any indecent or lascivious act committed by Mr. Johnson Go against Ms. Mariquit Soriano;
10. Furthermore, the department of Ms. Soriano is in charge of these functions. She is always busy preparing, organizing and coordinating these functions, hence, she could not have the luxury of socializing with the guests;
11. I was also present during the October 1999 party which was held at the residence of Matet Ruiz; I am very familiar with Matet’s house since it is very near Digitel’s office and we always hold parties there; The area is approximately 40 sq. meters big; Since there were more or less 20-30 persons present, every body was literally very close with each other so everybody can see and notice the activity of the other guests; Again there was no unusual or indecent incident which took place during the said party;
x x x x[61] (Underscoring supplied)
From
the above-quoted statements of affiants Wenceslao and Sta. Clara, it is readily
gathered that they are hearsay. The
Labor Arbiter thus correctly discredited them as such, as it did correctly
observe that Mariquit failed to present a single witness to corroborate her
charges. At any rate, why Mariquit, for
the first time raised the issue of sexual harassment which was, in the case of
Go, allegedly committed on five occasions from May 1999 to February 11, 2000
only on May 28, 2001 when she filed criminal complaints against herein individual
petitioners, about 11 months after her resignation or two years after the first
alleged occurrence, she did not even proffer the reason therefor.
In
her Comment,[62]
however, Mariquit argues that “there is no prescription that would bar the
filing of cases involving sexual harassment [as] the period varies depending on
the needs, circumstances, and emotional threshold of the employee.” She cites Philippine
Aelous Automotive United Corporation v. NLRC[63] wherein the complainant therein cried
sexual harassment after four years and this Court held:
x
x x Strictly speaking, there is no time
period within which he or she [alleged victim of sexual harassment] is expected
to complain through the proper channels. The time to do so may vary depending
upon the needs, circumstances, and more importantly, the emotional threshold of
the employee.
Private respondent admittedly allowed four (4) years to pass before finally coming out with her employer’s sexual impositions. Not many women, especially in this country, are made of the stuff that can endure the agony and trauma of a public, even corporate, scandal. x x x[64]
The
Labor Arbiter before which Mariquit also cited Philippine Aelous brushed aside the same in this wise:
The ruling in the above-cited case does not squarely apply to the present case. In that [case], the complainant thereat, Ms. Rosalinda C. Cortez, did not resign from her job; she did not undergo psychological treatment; and she was not an executive of the company she worked with.[65]
In
Philippine Aelous, the therein complainant
employee Rosalinda raised the issue of sexual harassment as soon as she had the
opportunity to do so. Thus, after the company issued a memorandum terminating
her employment in November 1994, she filed a complaint before the Labor Arbiter
on
It
bears noting that in Philippine Aelous,
this Court observed: “If petitioner [Philippine Aelous] had not issued the
third memorandum that terminated the services of private respondent, we could
only speculate how much longer she would keep her silence.”[66]
If
Rosalinda kept her silence, she must have done so out of fear of losing her
job. When, however, she was fired, she
immediately broke her silence.
The
case of Mariquit is different. She voluntarily
submitted on
While,
as this Court stated in Philippine Aelous,
there is, strictly speaking, no fixed period within which an alleged victim
of sexual harassment may file a complaint, it does not mean that she or he is
at liberty to file one anytime she or he wants to. Surely, any delay in filing a complaint must
be justifiable or reasonable as not to cast doubt on its merits.
At
all events, it is settled that the only test of whether an alleged fact or
circumstance is worthy of credence is the common experience, knowledge and
observation of ordinary men.
As
New Jersey Vice Chancellor Van Fleet stated in the often-cited case of Daggers v. Van Dyck:[67] “Evidence to be believed, must not only
proceed from the mouth of a credible witness, but it must be credible in itself
– such as the common experience and observation of mankind can approve as probable
under the circumstances. We have no test
of the truth of human testimony, except its conformity to our knowledge,
observation, and experience. Whatever is repugnant to these belongs to the
miraculous and is outside of judicial cognizance.”[68]
From
the earlier-quoted narration of alleged facts by Mariquit, this Court finds
that it does not pass the test of credibility.
Mariquit
claimed that as regards petitioner Severino, she often caught him looking at
her legs up to the back of her thighs on several occasions. If to her the acts amounted to sexual
harassment, why did she not bring the matter to the attention of any company
official to make sure that they won’t happen again and she be spared of any
disgrace or vexation?
Following
Mariquit’s narration, it would appear that the earliest harassment committed by
Severino took place in January 1999 “when he intentionally pointed to [her] legs
to a fellow company officer who also looked at them,” while the earliest committed
by Go occurred in May 1999 during a cocktail party at the Manila Galleria
Suites. Yet, she claimed to have reported
and expressed to, oddly enough, Severino, who was the first to allegedly harass
her, her disgrace and outrage over the “sexual advances” made by Go, and only
during the party of Pau on November 19, 1999, a claim denied by Severino.
As
regards the five incidents of sexual harassment attributed to Go, a discussion
of even only one of them betrays its non-conformity to human experience.
In
paragraphs 12 to 15 of her April 25, 2002 Affidavit which were quoted earlier,
Mariquit, narrating the November 19, 1999 incident which allegedly took place
at the residence of Pau, claimed that she was cornered by Go on a sofa in such
a way that she was virtually pinned against its side, making it impossible for
her to elude his advances. It is not
disputed that it was raining at the time and that the about 60 guests had no
choice but to stay in the living room and covered lanai of
Mariquit
went on to claim that Go crept his hand under a throw pillow and “poked” her
vagina several times. She justified her
failure to flee by claiming that she was “hemmed in by the arm of the sofa.” But if
indeed Go did such condemnable act, could she not have slapped him or stood up and/or
left?
Yet
still, by her claim, Mariquit danced on the same occasion with Go, albeit
allegedly thru force, during which he pressed her close to him and moved his
hand across her back to feel her body. Any
woman in her right mind, whose vagina had earlier been “poked” several times
without her consent and against her will, would, after liberating herself from
the clutches of the person who offended her, raise hell. But Mariquit did not.
Mariquit
claimed that while dancing, in order to free herself from Go’s hold, she
maneuvered to turn to the beat of the music. It was at this time, according to
her, that Go “reached out his hand and groped [her] breast, caressed [her] back
and reached inside [her] blouse to rub [her] from up [her] brassieres down to [her]
buttocks.” Since this alleged incident occurred while Mariquit and Go were
dancing, and surely there were a lot of people around in the well lighted small
area as stated by house owner
Petitioners
Go and Severino, on the other hand, presented affidavits of persons who were
present during the time when alleged incidents took place and who declared in
effect that no such incidents did take place and could have taken place. The appellate court dismissed the claim of
these affiants, however, as “obviously biased in favor of [petitioners], their
superior and employer.”[69]
In Lufthansa German Airlines v. CA,[70]
this Court, citing the earlier case of Santos
v. Concepcion and Santos[71],
ruled that the presence of an employer-employee relationship where a witness is
an employee of a party is not or itself sufficient to discredit his testimony.
While it may be true, as the trial court opines[,] “that testimony of employees of a party is ‘of course’ open to the criticism that they would naturally testify, as far as they possibly could in favor of their employers, and in weighing testimony such a relation between a witness and a party is frequently noticed by the court,” it is equally true that the witness is an employee or an overseer of a party is not of itself sufficient to discredit his testimony.[72] (Emphasis and underscoring supplied)
Justifying
her failure to present an eyewitness, Mariquit claimed that they (eyewitnesses)
were warned by Digitel of being dismissed from their jobs should they testify
in her favor. In support thereof, she
presented the affidavit[73]
dated
A
reading of the affidavit of Grace, who was never an employee nor present at the
party of Digitel, reveals, however, that she merely “concluded” that the
employees of Digitel were instructed or harassed not to testify in favor of
Mariquit when they failed to meet one Matet Ruiz, a Digitel employee “who kept
avoiding to meet [Mariquit].”
As
petitioners put it: “It is always easy to say that no one is willing to testify
to corroborate the accuser’s allegations against an employer for fear of
retaliation on one’s livelihood. But courts should also not close their eyes to
the possibility that the failure to present a witness could only mean that the
act complained of did not actually happen.”[74]
If
indeed Mariquit was sexually harassed, her resignation would have been an
effective vehicle for her to raise it. Instead,
however, of raising it in her resignation letter,[75]
she even thanked petitioner Severino “for the opportunity of working with [him].”
Again, this is contrary to human nature and experience. For if indeed petitioner Severino was her
sexual harasser, she would have refrained from being cordial to him on her resignation. Not only that. By her claim (in her Affidavit),[76]
she had an altercation with Severino on
Again,
after submitting her resignation letter, why would she, by her claim, want to
withdraw the same. Even if it would mean
working again with her alleged sexual harassers?[77] Given her educational background and her work
experiences, it would not be difficult for her to land on another job, free
from any harassment.[78] To be sure, she would not wish to stay in
Digitel any longer if she was really harassed, sexually and professionally.
Parenthetically,
a resignation once accepted by the employer cannot be withdrawn without the
consent of the employer.[79] As Intertrod
Maritime, Inc. v. NLRC[80]
emphasized:
Once an employee resigns and his resignation is accepted, he no longer has any right to the job. If the employee later changes his mind, he must ask for approval of the withdrawal of his resignation from his employer, as if he were re-applying for the job. It will then be up to the employer to determine whether or not his service would be continued. If the employer accepts said withdrawal, the employee retains his job. x x x[81]
Petitioners
fault the appellate court’s giving undue credence to the Psychological
Evaluation Report made by “Dr. Estrella T. Tiongson-Magno, PhD” dated December 14, 2000 (Magno Report) as
it (the appellate court) noted what to it was the NLRC’s omission of the “conclusion”
in said report that Mariquit’s behavioral problems “stemmed from the trauma she
experienced confirming that indeed she was a victim of sexual harassment.”[82] They claim that the appellate court
selectively seized upon portions of the Magno Report and only highlighted the
following statements from the Report in its assailed decision:
Summary and
Conclusion
She is a good,
generous and hardworking person, there is no doubt about this, and she has done
her best to provide for the needs of her children. Her achievements in this
regard are remarkable and praiseworthy. But she is emotionally immature and her
comprehension of human situations in surprisingly shallow (‘gullibility is her
greatest weakness’) for a person of her intelligence and life experience. This
explains how she can be easily victimized by an abusive employer.
Diagnosis for MES:
Axis I Major Depression
Axis II Narcissistic/Borderline Personality
with compulsive and histrionic features
Axis III No diagnosis
Axis IV Psychosocial Stressors: Sexual Harassment and
job
loss
Severity: severe[83] (Emphasis by the Court of Appeals).
In crediting the Magno
Report, the appellate court described Dr. Magno’s experience in the field of
psychology as “extensive and specialized,” whereas it found petitioners’
witness-affiant Bakunawa to have just a degree in psychology and human resource
management background.[84]
The only indication on
record of Dr. Magno’s “extensive and specialized” experience, however, is that
appearing on the top page of the Magno Report-Annex “G”[85]
of Mariquit’s Reply-Position Paper wherein Dr. Magno is referred to as
“Clinical Psychologist.”
And, while “sexual harassment” is, in
the Magno Report, mentioned as a psychological stressor under the “Summary and Conclusion”
portion, nothing therein, as correctly pointed out by petitioners, mentions or
discusses how Mariquit was alleged to have been sexually harassed – basis of
the appellate court to hold that:
x x x Worse, the NLRC completely disregarded the findings of the Clinical Psychologist who examined petitioner, Dr. Estrella T. Tiongson-Magno, and selected only those portions of her evaluation report that showed petitioner’s emotional dysfunction and omitting Dr. Magno’s conclusion that her behavioral problems stemmed from the trauma she experienced confirming that indeed she was a victim of sexual harassment x x x[86] (Emphasis and underscoring supplied)
Any employee, male or female, may
charge an employer or superior with sexual harassment, but the claim must be well
substantiated.[87] As reflected above, however, Mariquit’s claim
does not pass the test of credibility.
The
findings of the NLRC, which adopted those of the Labor Arbiter, being in
accordance with the evidence on record, and, as earlier stated, Mariquit failed
to discharge the onus of proving that
the NLRC committed grave abuse of discretion, it was error for the appellate
court to give due course to Mariquit’s petition for certiorari.
In
fine, Mariquit having failed to prove that she was constructively dismissed, a
discussion of the award of backwages, separation pay and damages is rendered
unnecessary.
WHEREFORE, the
Petition is GRANTED. The challenged Court of Appeals Decision of
SO ORDERED.
CONCHITA
CARPIO MORALES
Associate Justice
WE CONCUR:
LEONARDO A.
QUISUMBING
Associate Justice
Chairperson
|
ANTONIO T. CARPIO Associate Justice |
DANTE O. TINGA Associate Justice |
PRESBITERO J.
VELASCO, JR.
Associate Justice
ATTESTATION
I attest
that the conclusions in the above Decision were reached in consultation before
the case was assigned to the writer of the opinion of the Court’s Division.
LEONARDO
A. QUISUMBING
Associate Justice
Chairperson
CERTIFICATION
Pursuant to
Article VIII, Section 13 of the Constitution, and the Division Chairperson’s
Attestation, it is hereby certified that the conclusions in the above Decision
were reached in consultation before the case was assigned to the writer of the
opinion of the Court.
ARTEMIO V. PANGANIBAN
Chief Justice
* Also named Digital in some parts of the records.
** In the Petition for Review, the Court was
informed of the passing of petitioner Johnson Robert L. Go on
*** At the time of the filing of the complaint,
petitioner Eric J. Severino already resigned and transferred to another
company, Oracle Systems (
[1] Rollo, pp. 95-177.
[2] Position paper of herein petitioners before the Labor Arbiter, NLRC records, p. 50.
[3] NLRC records, pp. 69-72.
[4]
[5]
[6]
[7]
[8]
[9]
[10] In her Position Paper, Mariquit stated that
she repeatedly requested for the transfer of her two managers to some
other departments; NLRC records, p.
24. However, in the Position Paper of
Petitioners, Mariquit allegedly demanded from Severino the dismissal of
the two purportedly for poor performance;
NLRC records, p. 51. In the
Rejoinder filed by Petitioners, they pointed out that “while complainant denied
respondents’ [-herein petitioners] allegation that she threatened to resign
should Joselito Macachor not be dismissed, no similar disclaimer was made on
respondents’ [petitioners] allegation that she threatened to resign should
Andrea Arnedo and Evelyn Inductivo not be dismissed”; NLRC records, p. 203.
[11] NLRC records, p. 94
[12] Position Paper of herein petitioners before the Labor Arbiter, NLRC records, p. 53.
[13] NLRC records, p. 94.
[14]
[15]
[16] CA rollo, p. 269.
[17] Resolution dated
[18] NLRC records, p. 133.
[19]
[20]
[21]
[22]
[23]
[24]
[25] NLRC Decision, NLRC records, p. 501.
[26] NLRC records, pp. 393-414.
[27]
[28]
[29]
[30] CA rollo, pp. 4-23.
[31] CA rollo, pp. 532-565, penned by Justice Martin S. Villarama, Jr. with the concurrence of Justices Edgardo F. Sundiam and Japar B. Dimaampao.
[32] CA Decision, CA rollo, p. 553.
[33] CA rollo, pp. 564-565.
[34]
[35] Rollo, pp. 130-131.
[36] U.I.C.
v. U.I.C. Teaching & Non-Teaching Personnel and Employees
[37] Vide Pepsi-Cola Products, Phils., Inc. v. NLRC, 374 Phil. 196, 207 (1999).
[38] G.R. No. 154368,
[39]
[40] CA rollo, p. 14.
[41] Honrado
v. Court of Appeals, G.R. No. 166333,
[42] NLRC Decision, NLRC records, p. 522.
[43] Rollo, pp. 336-337.
[44] G.R. No. 118860,
[45]
[46] NLRC records, pp. 43-47.
[47]
[48]
[49]
[50]
[51]
[52]
[53]
[54]
[55]
[56]
[57]
[58]
x x x x
2. I vigorously deny the allegations
therein, the truth of the matter being that:
xxx
(g) As to the allegations against
Messrs. Eric Severino and Johnson Go, I can state without batting an eyelash
that these imputations are mere fabrications and lies;
(h) Messrs. Eric Severino and Johnson Go
are the types of gentlemen who will never touch a 49 year old woman, a
grandmother at that with unpredictable and irrational behavior.
(i) It would also be impossible for Mr.
Severino to look at the legs much less crotch of Mariquit Soriano during
meetings as she had her back turned to us sitting on the far end of the table
as if she was not in our presence.
x x x x (Underscoring supplied).
[59]
x
x x x
3. That I vehemently deny the allegations of Mariquit Soriano
in the said paragraph, the truth of the matter being the following:
x x x x
h) I have not heard a single incident or
case which would tend to indicate any manifestation of sexual harassment much
less acts of lasciviousness on the part of the aforementioned gentlemen
committed against any member of the opposite sex;
i) As far as Eric Severino is concerned,
I know that during office meetings he maintained decorum and order and never raised his voice
to pressure anybody of us;
j) It is absolutely weird however that
during meetings, Mariquit Soriano would sit in the farthest part of the table
with her back against us as if she did not want to listen to the discussions;
k) It is also a fact that never, and to
emphasize never, during her employment with Digitel did Mariquit Soriano ever
complain, protest much less file a case against Messrs. Eric Severino and/or
Johnson Go for alleged sexual harassment and/or acts of lasciviousness either
with the police authorities, labor department or in our company[;]
l) It is also highly impossible, as I
know Messrs. Eric Severino and Johnson Go, that they would take sexual interest
in a 49 year old woman, who is already a grandmother like Mariquit Soriano and
whose demeanor leave much to be desired;
x x x x
[60]
[61]
[62] Rollo, pp. 299-311.
[63] 387 Phil. 250 (2000).
[64]
[65] NLRC records, p. 336.
[66] Supra, note 63 at 264.
[67] 37 N.J. Eq. 130, 132.
[68] Cited in SALONGA, Philippine law on evidence, 774 (1964) and VII FRANCISCO, The
Revised Rules of Court in the
[69] CA Decision, CA rollo, p. 560.
[70] 313 Phil. 503 (1995).
[71] 103 Phil. 596 (1958).
[72] Supra note 68 at 514-515.
[73] NLRC Records, pp. 224-225. The Affidavit states:
x x x x
1.
That MS. MARIQUIT SORIANO and I are classmates at St.
Theresa’s College,
2. That Ms. Soriano has confided in me her personal life as I do mine in her and we have not kept a secret from each other such as her failed marriage and other relationships including the various jobs she had.
3. That Ms. Soriano and I see each other at least once a month and often talk over the phone about our problems at work and at home.
4. That I knew when Ms. Soriano joined Digitel in August 1998 as Director of Market and Communications; in fact she treated me and our other classmates to a blow-out to celebrate her landing this important job.
5. That after a few months of working at Digitel, Ms. Soriano began telling me how her immediate boss, Mr. Eric Severino, had been very kind and accommodating to the extent of even suggesting what she should wear shorts during company outings, about which I cautioned her because her personality and looks could tempt her boss.
6. That she told me of an incident when she received a note on a piece of paper that said, “I hope we could meet tonight and put this to bed” and, although she first suspected it came from Severino because an earlier argument with him, Ms. Soriano dismissed the note as it more likely came from Advertising Manager Pepet Macachor who gave her dagger looks whenever she walked by his desk and on the office corridors.
7. That Ms. Soriano complained to me during an outing with some classmates about what Mr. Johnson Robert Go, Senior Executive Vice President of Digitel, did at a party in the house of another Digitel executive of putting his hand under her thigh and pushing it to touch her vagina.
8. That before Ms. Soriano filed a case against Go and Severino, I accompanied her several times to see Ms. Matet Ruiz, a Digitel employee, who lives in Green Meadows to ask her about the above incident for having been close enough to see what Go did. Our attempts were futile as Ms. Ruiz kept avoiding to meet Ms. Soriano. I can only conclude that such evasion on the part of Ms. Ruiz is because she and other Digitel employee were warned against testifying for Ms. Soriano under pains of dismissal from the company.
9. x x x x
[74] Rollo, p. 147.
[75] Annex “E,” NLRC records, p. 94. Her letter states:
Mr. Eric J. Severino
Senior Vice President
Business Division
Digital Telecommunications, Phils. Inc.
Dear Mr. Severino,
I
wish to tender my resignation effective closing hours of
Thank
you for the opportunity of working with
you.
Very
truly yours,
(Sgd).
Mariquit
E. Soriano
[76] NLRC records, pp. 43-47. In paragraphs 32
and 33, she stated:
32. Severino’s animosity took a turn for
the worse on
33.
Combined with the tremendous psychological effect of Go’s repeated lascivious
conduct, Severino’s continuous verbal abuse and cruel and unreasonable attitude
towards me drove me to do exactly as Severino dared. I submitted my resignation
in writing if only to remove myself from the humiliating situation Go and
Severino have pushed me into. I did this with a heavy heart knowing that my
dedicated service to Digitel has contributed to its growth as a company.
(Italics in the original).
[77] In her Reply-Position Paper, NLRC records,
pp. 139-157, Mariquit Soriano stated:
3.
x x x x
However, complainant did try to reconsider her resignation, thus,
throwing caution to the wind, she set up an appointment with respondent Go on
[78] Ma. Lourdes B. Claveria, the Vice President for Human Resources Division narrated in her Affidavit, NLRC records, pp. 130-131, what took place when Mariquit Soriano tried to withdraw her resignation. She stated:
x x x x
3. I am aware of the resignation of Ms. Mariquit Soriano on June 30, 2001 (should have been 2000); Before her last working day, she went to my office in Digitel informing me that Mr. Eric Severino has given her the go signal to withdraw her resignation letter from HRD;
4. However, before she entered my office I already received a phone call from Mr. Severino who informed me that Ms. Soriano wanted to withdraw her resignation letter and his position is not to grant it;
5. Considering that Ms. Soriano was saying directly the opposite of what Mr. Severino and I had talked about I decided to call Mr. Severino in the office in order to clarify the matter of Ms. Soriano’s resignation letter;
6. Politely, Mr. Severino explained to Ms. Soriano that her resignation can no longer be withdrawn and that maybe she had a wrong impression when they talked earlier regarding the said letter;
7. Ms. Soriano however, insists on getting back her resignation [letter] explaining that “nabigla lang ako [x x x] want it back [x x x] I have to take care of my family;” I noticed that Ms. Soriano appeared very haggard, tired, pale and troubled;
8. Mr. Severino calmly pointed out that he has already made a decision to accept her resignation. At this point Ms. Soriano became hysterical, she would cry and shiver and insist on her request; Mr. Severino and I did our best to pacify her. When she was already calmed down, Mr. Severino left me and Ms. Soriano in the room; I played soft music and I continued my work outside my room;
9. I noticed that Ms. Soriano fell
asleep in my room, she stayed there from
10. When she awoke she has already regained her composure so she went outside of my office and said she is going home. I offered the services of my driver to ensure her safety but she declined. She then said she can manage to drive and went out of the building; and
x x x x (Underscoring supplied).
[79] Philippines
Today, Inc. v. NLRC, G.R. No. 112965,
[80] G.R. No. 81087,
[81]
[82] CA Decision, CA rollo, p. 562.
[83]
[84]
[85] NLRC records, pp. 179-184.
[86] CA rollo,
p. 562.
[87] Supra note 63 at 264.