348. Libres v.

NLRC (1999)
Anti-Sexual Harassment Law (RA 7877)

CASE DOCTRINE:
● Laws shall have no retroactive effect unless otherwise provided, or except in a criminal
case when their application will favor the accused.

FACTS:
● Action: petition to annul the decision of public respondent National Labor Relations
Commission (NLRC)
● Background facts
● Petitioner Carlos G. Libres, an electrical engineer, was holding a managerial position
with National Steel Corporation (NSC) as Assistant Manager. On 3 August 1993 he
received a Notice of Investigation from Assistant Vice President Isidro F. Hynson Jr., his
immediate superior, requesting him to submit a written explanation relative to the charge
of sexual harassment made by Susan D. Capiral, Hynsons secretary, allegedly
committed by Libres sometime in May 1992. Hynson Jr. conducted an internal
investigation and submitted his report to the Management Evaluation Committee (MEC).
The MEC, after deliberation, concluded that the charges against petitioner constituted a
violation of Item 2, Table V, of the Plants Rules and Regulations. 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. Referring to the
Manual of the Philippine Daily Inquirer in defining sexual harassment, the MEC finally
concluded that petitioners acts clearly constituted sexual harassment as charged and
recommended petitioners suspension for thirty (30) days without pay.
Libres’ arguments NLRC’s arguments

failure of the NLRC to apply Sec. 3 of RA The Labor Arbiter found that aside from a
No. 7877; he cites public respondents few facts which were controverted by
failure to show that his acts of fondling the Capiral in her complaint-affidavit,
hand and massaging the shoulders of petitioners admissions approximated the
Capiral discriminated against her truth; consequently, ruled that the MEC
continued employment, impaired her was correct in including that sexual
rights and privileges under the Labor harassment had indeed transpired.
Code, or created a hostile, intimidating or
offensive environment. The Labor Arbiter observed that petitioner
should welcome that his penalty was only
His demand for personal confrontation for suspension of thirty (30) days as
which was brushed aside by the MEC. He opposed to termination imposed in
argues strongly that in rejecting his plea, Villarama v. NLRC and Golden Donuts.
the MEC clearly denied him an
opportunity to be heard and present his
side.

● Rulings of the lower courts

 LA Ruling: Ratio:
LA dismissed, due There was a positive finding of sexual harassment to justify
process was properly petitioners suspension.
observed
There was no substantial inconsistency between the narration
of complainant Capiral and petitioner regarding the incident in
the evening of May 1992.

NLRC Ruling Ratio:

the NLRC affirmed the
LA ruling.

ISSUES:
 Whether or not due process was followed
HELD:
● Yes. Republic Act No. 7877 was not yet in effect at the time of the occurrence of the act
complained of.
● 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.
DISPOSITIVE:
● WHEREFORE, the petition is DISMISSED, no grave abuse of discretion having been
committed by public respondent National Labor Relations Commission in upholding the
suspension of petitioner Carlos G. Libres as justified and in accordance with due
process. Consequently, its decision of 28 August 1995 as well as its resolution of 31
October 1995 is AFFIRMED.