Title
AAA vs. De Los Reyes
Case
A.C. No. 10021, 10022
Decision Date
Sep 18, 2018
A lawyer exploited his authority to sexually harass and coerce his secretary into repeated abuse, causing severe psychological harm, leading to his disbarment for gross immoral conduct.
A

Case Digest (G.R. No. 223270)

Facts:

  • Employment and Relationship
    • In February 1997, AAA was hired as secretary to respondent Atty. Antonio N. De Los Reyes, then Vice-President of the Legal and Administrative Group of the National Home Mortgage Finance Corporation (NHMFC).
    • AAA became a permanent employee with a plantilla position of private secretary 1, pay grade 11, on a co-terminus status with respondent.
    • Respondent facilitated AAA’s rapid promotion after she became his secretary.
  • Development of Abusive Conduct
    • From late 1997, respondent offered to take AAA home in his NHMFC service vehicle, citing convenience due to route alignment; this became a daily routine even after AAA moved residences multiple times.
    • Beginning late 1998, AAA grew uncomfortable due to respondent’s possessiveness and controlling behavior: monitoring her telephone calls, demanding explanations about her contacts, and calling her to his office frequently under pretexts to see her.
    • Respondent sent love notes, was verbally abusive (including cursing), and exhibited abusive-solicitous shifts in demeanor toward AAA.
    • On December 11, 1998, after AAA refused a ride, respondent shouted profanities, physically grabbed and dragged her into his service vehicle, slapped her twice, forcibly drove off ignoring her pleas, and then dropped her off forcibly in Makati. AAA reported the incident to the police but did not file a formal complaint.
  • Employment and Coercion to Stay
    • AAA attempted to resign on December 22, 1998, but was persuaded to reconsider and promised reassignment to the Office of the President, as per an Office Order dated January 21, 1999.
    • AAA reported to the Office of the President but was told to return as respondent’s private secretary, owing to her co-terminus status.
    • Respondent asserted control, telling AAA that her position depended on his pleasure and forbidding others from intervening on her behalf.
    • AAA, being sole breadwinner for her sick mother, niece, and siblings, felt compelled to continue working under him, enduring his possessiveness and isolation tactics.
  • Sexual Harassment and Exploitation
    • Respondent made clear his intent to make AAA his mistress and forced her into a sexual relationship, including sexual intercourse and other sexual acts in his office and vehicle.
    • AAA could not refuse without risking physical, verbal, and emotional abuse.
    • She endured gossip, ridicule, and various illnesses related to stress and harassment, including thoughts of suicide.
    • Respondent continued controlling actions even when AAA was on official study leave, insisting on transporting her personally or via his driver.
  • Continued Harassment and Retaliation
    • AAA attempted to end contact by ceasing to see respondent and changing her phone number.
    • Respondent then targeted AAA’s officemates, including Ma. Victoria Marivic Alpajaro, with threats and retaliation.
    • In July 2003, respondent publicly displayed inappropriate behavior, including hugging AAA against her will and publicly declaring love.
    • AAA filed another complaint in 2004 with the Integrated Bar of the Philippines (IBP), alleging respondent's continued harassment and retaliatory charges against her and her colleagues before the Office of the Ombudsman.
  • Respondent’s Defense
    • Respondent denied all allegations, questioned the sufficiency and particularity of the complaints, and asserted inconsistencies and implausibility in AAA’s statements.
    • He argued that his offered rides were standard for employees and that corporate policies restricted personal phone use.
    • He claimed the December 1998 incident was improbable given its timing and location.
    • Denied requesting sexual favors, asserting the office environment and vehicle arrangement made such acts unlikely.
    • Alleged AAA resigned voluntarily and complaints were retaliatory acts arising from workplace investigations he conducted.
    • Challenged the psychiatric certification supporting AAA’s diagnosis, citing lack of oath and supporting clinical reports.
    • Argued the sexual harassment allegations had prescribed due to lapse of time.
  • IBP Findings
    • The IBP Commission on Bar Discipline (CBD) Commissioner found respondent guilty of violating Rule 1.01 of the Code of Professional Responsibility.
    • Recommended a one-year suspension penalty.
    • The IBP Board of Governors adopted the recommendation with modification, imposing an indefinite suspension instead.
    • Respondent’s motion for reconsideration was denied.

Issues:

  • Whether respondent Atty. Antonio N. De Los Reyes committed acts amounting to sexual harassment and gross immoral conduct in violation of the Code of Professional Responsibility.
  • Whether said acts warrant the penalty of disbarment or a lesser sanction.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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