14 February 2015

Ms. Nancy Drew Arellano

1156 Maginhawa St., Sinampalukan,
Manila, Philippines

Dear Ms. Nancy:

Greetings.
This legal opinion seeks to answer whether or not you can sue Mr. Jones, your
immediate supervisor at work for sexual harassment.
As per our conversation, you stated that on January 3, 2015, at ten in the
morning, Mr. Jones, followed up on your submission of the annual income tax return of
the company. You were supposed to submit the said document on the same day.
However, you were not able to finish the work due to intervening tasks and that you
were not given an ample time to consolidate the figures.
On the same day, you asked Mr. Jones if he could give you another day to finish
the report. But Mr. Jones refused and told you that he will be forced to terminate you for
insubordination, because according to him, the assignment was given to you a week
before. He also warned you that this is your last warning and since you failed to submit
the much needed report, the company had reasonable grounds to dismiss you.
On your persistence to ask for additional time, Mr. Jones told will not report you
to the Human Resource Department if you accede to his orders. He asked you out for a
dinner, to which you vehemently refused. You told him that such act constitutes sexual
harassment. He denied, saying I am not touching you.
Thus, it is of my considered opinion that you may file a complaint for sexual
harassment under Republic Act no. 7877.
Under this law, specifically Section 3, Work, education or training-related sexual
harassment is committed by an employer, employee, manager, supervisor xxx having
authority, influence or moral ascendancy over another in a work or training or education
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 object of said Act. (Italics supplied)
You have legal standing on the matter. The law defines sexual harassment as:
(a) In a work-related or employment environment, sexual harassment is
committed when:

(1) 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 of 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;
(2) The above acts would impair the employee's rights or privileges
under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or
offensive environment for the employee. (Italics supplied)
What he did falls squarely on the commission of the said crime. He did so by
antagonizing you and threatening to dismiss your employment from the company.
Thinking you had no other options left, he offered you a solution using his position in the
company as a leverage. He insisted on asking you out in exchange of not reporting you
to the Human Resource Department. His actions suffice the requisites stated above.

I appreciate the opportunity to advise you regarding this matter. Should you wish
to take your plight before the courts, I am of the considered opinion that it will be
decided in your favor.
Please let me know if you wish to discuss any of these issues further. Thank you.

Yours faithfully,

Atty. John Dela Cruz

Dela Cruz and Associates
214 Mckinley Road, Fort Bonifacio, Taguig, Metro Manila