Case Digest (G.R. No. 268399)
Facts:
In Francheska Aleen Balaba Buban v. Nilo Dela PeAa, decided January 24, 2024 under G.R. No. 268399, the petitioner, Francheska Aleen Balaba Buban (Buban), was hired by Xerox Business Services Philippines Inc. on November 11, 2014 as a Customer Care Senior Specialist. On March 22, 2015, while retrieving a replacement headset in a secured storage room, her then–team leader, Nilo Dela PeAa (Dela PeAa), confronted her with unwanted sexual advances—first using suggestive language, then groping her breasts and attempting to kiss her. Despite her protests, he repeated such conduct on a subsequent trip to the same room, blocking her exit and making further sexual advances. Distressed, Buban reported the incidents to the Human Resources Department, but no protective measures were taken, and Dela PeAa remained on her shift. She also endured a withheld three-day salary in May 2015. On September 15, 2015, Buban filed an Amended Complaint before the Labor Arbiter against Xerox Business, Dela...Case Digest (G.R. No. 268399)
Facts:
- Employment and Position
- On November 11, 2014, Francheska Aleen B. Buban was hired by Xerox Business Services Philippines Inc. as Customer Care Senior Specialist.
- Nilo Dela PeAa served as team leader and had supervisory authority over Buban.
- Sexual Harassment Incidents
- March 22, 2015 – Buban sought a replacement headset in the storage room; Dela PeAa made crude sexual remarks and expressions of arousal.
- Subsequent encounter – Dela PeAa forcibly hugged and groped Buban, attempted to kiss her, prompting her to flee.
- Third incident – Dela PeAa again trapped Buban in the storage room and made further sexual advances despite her protests.
- Aftermath – Buban developed anxiety, crying spells, and dread of work but continued employment as a single parent.
- Internal Report and Management Response
- Buban filed a formal complaint with Human Resources; no protective measures or investigation by management ensued.
- Dela PeAa remained in the same area and shift, taunting Buban.
- Xerox Business withheld three days of Buban’s May 2015 salary (PHP 2,630.58).
- Labor Arbiter and NLRC Proceedings
- September 15, 2015 – Buban filed before the Labor Arbiter for sexual harassment, unpaid salary, moral/exemplary damages, attorney’s fees.
- Xerox Business admitted employment but denied procedural lapses, citing security report referral and administrative investigation.
- December 29, 2015 – Labor Arbiter found constructive dismissal, ordered solidarity liability of Xerox Business and Dela PeAa:
- Unpaid salary of PHP 2,630.58
- Moral damages of PHP 100,000
- Exemplary damages of PHP 50,000
- Removal of Dela PeAa from Buban’s workplace
- Both parties appealed to NLRC; it affirmed constructive dismissal and increased moral/exemplary damages to PHP 500,000.
- Xerox Business’ partial reconsideration denied; Dela PeAa separately sought certiorari relief but did not file reconsideration.
- Court of Appeals and Supreme Court
- CA modified NLRC award by reducing damages back to PHP 100,000 (moral) and PHP 50,000 (exemplary), added 6% interest.
- Buban’s motion for reconsideration before CA denied.
- Petition for Review under Rule 45 filed by Buban; main contention concerned damages and Dela PeAa’s standing.
Issues:
- Whether the Court of Appeals correctly found no grave abuse of discretion by the NLRC in modifying moral and exemplary damages from PHP 500,000 to PHP 100,000 and PHP 50,000, respectively.
- Whether Dela PeAa lost legal standing to seek relief by non-appearance and absence of counsel in labor proceedings.
- Whether Buban is entitled to separation pay and full backwages in view of the finding of constructive dismissal.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)