- Petitioner
- LBC Express
- Respondent
- Palco
- Citation
- G.R. No. 217101
- Court
- Supreme Court
- Decided
- February 12, 2020
Whether LBC Express-Vis, Inc. should be held liable for constructive dismissal after an employee resigned due to sexual harassment by her supervisor…
Summary
Monica Palco, a customer associate at LBC Express-Vis, Inc., was sexually harassed by her supervisor Arturo Batucan culminating in an unwanted kiss on May 1, 2010. After reporting the incident on May 5, 2010, she felt compelled to resign on May 14, 2010 due to the company's slow response and continued hostile work environment. The Supreme Court affirmed lower courts' finding of constructive dismissal, ruling that while employers are not automatically liable for supervisors' unauthorized sexual harassment, they become liable when they fail to take immediate action after being informed. The 41-day delay before investigating and over 4-month resolution period demonstrated insensibility to employee welfare, reinforcing the hostile environment. The Court emphasized that sexual harassment creates intimidating, hostile work environments that can compel resignation, constituting constructive dismissal. LBC was held solidarily liable with Batucan for separation pay, backwages, and damages, highlighting employers' duty to promptly address sexual harassment complaints with sensitivity.