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Wednesday, January 15, 2003
Sexual harassment raps v. CH exec reopened
By Christine Mae Pelayo
THE committee on Decorum and Investigation yesterday conducted its first hearing on the ‘re-opened’ sexual harassment case against the City Assessor’s Office head, Ben Latorilla.
Mayor Luzviminda Valdez has ordered the CODI to re-open the preliminary investigation on the case after the complainant, Marilyn Chua filed a motion for reconsideration.
Earlier, the CODI dismissed the sexual harassment complaint against Latorilla for insufficient evidence.
The evidence submitted by Chua, Latorilla’s subordinate, is insufficient to establish a prima facie case, the CODI said in its three-page findings and recommendations submitted to Valdez.
The case, however, was dismissed without prejudice to its refiling.
Chua, in her motion for reconsideration, said she has witnesses to prove she was sexually harassed with additional affidavits to strengthen her charges against Latorilla.
Lawyer Nilo Alejandrino, one of the members of CODI, said they will evaluate the evidences presented by Chua.
“If we will find that the evidences have no merit for the filing of formal charges against Latorilla, we will again dismiss the case, but, if the evidences warrant for a formal charge then we will recommend it to the city mayor,” said Alejandrino.
Last year, during the preliminary questioning, Chua presented documentary evidence and assured the CODI that she has witnesses to support her claim.
However, she refused to present the affidavits of the witnesses, saying she has to “protect them from pressure and possible retaliatory acts by the respondent.”
While the complainant’s reasons might have merit, the CODI said, they cannot recommend the filing of a formal charge in the absence of prima facie evidence.
Thus, the CODI recommended the dismissal of the complaint but noted that there is no prohibition in the Civil Service Administrative Rules on Sexual Harassment against the refiling of the complaint.
Last Sept. 23, 2002, Chua claimed in her sworn statement that Latorilla started his sexual overtures on her around two years ago.
She said Latorilla “committed a series of acts, constituting sexual advances and offers that have the purpose of interfering with her work or performance and creating an intimidating, hostile and offensive work environment.”
Latorilla also at one time grabbed her hands and lasciviously moved his fingers in her palms, she added.
Chua further claimed that Latorilla also offered to give her his Representation and Transportation Allowance (RATA) if she would give in to his sexual advances.
Latorilla, however, vehemently denied Chua’s allegations.
In his counter affidavit, he claimed that the complaint is “pure hogwash, a fabrication with retaliatory undertones maliciously designed purely for harassment.”
He also claimed it was actually the complainant who pushed her breasts against his shoulder, told lewd jokes and invited him to touch her legs.
Latorilla added the complaint is “meant as a retaliation because the complainant did not get what she wanted.” CMP
(January 15, 2003 issue)
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