Sexual harassment acts

Dear Atty. Angela,

I was hired as a secretary in a law office for a year now and assigned to a male senior associate. He is a married man with children. At first, the treatment of my boss was very civil and casual but recently, I observed that he has become extra friendly and even started to become touchy. Eventually, he has been messaging me dirty jokes, asking about my intimate preferences, and even massaged my shoulders asking if I was tired and if I wanted to join him in a spa. What I could not bear was his recent sexual advances which harassed me. Could a lawyer be penalized for sexual harassment?

Dina

Dear Dina,

Yes, your lawyer boss’ inappropriate actions could be the basis for legal sanctions. You may seek redress by filing a case with the Integrated Bar of the Philippines.

Under Rule 139-B of the Rules of Court, specifically on Disbarment & Discipline of Attorneys:

Section 1. How instituted. — Proceedings for disbarment, suspension or discipline of attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines upon the verified complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts.

The Supreme Court in the case of Valdez v. Alamis, A.C. No. 13426 (12 April 2023), imposed a two-year suspension from the practice of law on a senior partner in a law firm in an administrative case filed by a junior associate lawyer.

The Court, speaking through Associate Justice Antonio T. Kho Jr., said:

As it is, respondent’s acts created an intimidating, hostile, or offensive working environment for the complainant, so much so that it necessitated her seeking psychotherapy treatment as a consequence.

Accordingly, taking into consideration the nature or character of respondent’s complained acts, the frequency of occurrence of the said acts throughout the two-year period he worked with complainant, the degree of his moral influence or ascendancy, and the effect of his acts on her, the Court deemed it proper to impose upon respondent the penalty of suspension from the practice of law for a period of two years.

Atty. Angela Antonio