PRESIDENTIAL
BROADCAST STAFF-RADIO TELEVISION MALACANANG (PBS-RTVM), petitioner, vs. VERGEL P. TABASA,
respondent
FACTS:
Sharmila Kaye Angco, a contractual employee
of petitioner PBS-RTVM, filed an administrative complaint against Tabasa, a
close-in cameraman of PBS-RTVM in Manila, for sexual harassment or grave
misconduct.
According to Angco, one afternoon, while
she was seating on a sofa in the Engineering Office watching Eat Bulaga, Tabasa
suddenly sat beside her and cornered her and then proceeded to tickle her right
knee much to her shock and humiliation. Despite her protestations, Tabasa also
held her causing her to hit her left elbow in the nearby cabinet when she freed
herself from Tabasa. Distraught, she subsequently left the room and proceeded
to the office toilet to cry. Thereafter, she returned to the Engineering Office
and relayed the incident to her colleagues. Much to her dismay, Tabasa appeared
and tried to approach her, but she avoided him. But instead of apologizing,
Tabasa taunted her, with a smirk, and uttered “Oh, umiyak kaw daw.” Tabasa then
left the office.
Tabasa admitted that he touched the knee of
Angco, but he insisted that it was intended as a joke and done without malice
considering that they were in a group who were laughing while watching
television. He asserted that the simultaneous filing of the complaints by Angco,
Bethlehem Dela Cruz, and Maria Cristeta David indicated a concerted action on
the part of the lady employees to harass and inconvenience him. He further
questioned the charge of misconduct against him arguing that it was not an act
performed in connection to or related to his functions.
ISSUE:
Whether or not tickling of the knee
constitutes sexual harassment
RULING:
Misconduct is a transgression of some
established or definite rule of action; more particularly, it is an unlawful
behavior by the public officer.
It is important to stress that there is
playful teasing and then there is hurtful teasing. Despite teasing’s positive
effects to interpersonal relationships, it may not always be perceived
favorably. The way a person views a joke may differ depending on the situation
and on how one perceives a tease—a teaser’s intentions and his/her overall
interaction with the teaser. Insensitive jokes or actions could border on
harassment, due to the fact that target may be unaware of the teaser’s intentions.
In this case, Tabasa’s antic of touching
Angco’s knee may be a joke to him, but for its recipient, it was completely
embarrassing and inappropriate. Even though Tabasa could have the best of
intentions in making a moment lighthearted with Angco while watching a
television show, the latter’s reception of the joke was clearly resistive. The
touching of the knee was clearly unsolicited and uncalled for and Tabasa does
not have any right to do so. Even if the act was done without malice, it beyond
all bounds of decency and decorum for a person to touch any body part of
another without consent for that matter. Veritably, Tabasa not only
demonstrated his moral depravity and lack of respect towards female
co-employees, but also his unprofessionalism in his interactions with his
colleagues.
The Court takes judicial notice that humor
in the workplace could positively leverage work-related outcomes such as work
productivity, staff motivation, job satisfaction, group cohesion, commitment,
and most importantly, stress reduction. However, unsolicited physical contact,
even if done in jest, has no place in the workplace.
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