domingo v. rayala

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DOMINGO V. RAYALA Topic: Right against sexual harassment Sexual harassment is an imposition of misplaced superiority which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life. In the present case, when the Republic opted to file MR, it was merely exercising a right. OSG is not guilty of forum shopping. It was Rayala who filed the petition in the CA, with the Republic as the adverse party. CA decision lowered the penalty from dismissal to one-year suspension. The parties adversely affected by this ruling (Domingo and the Republic) had the right to question the same on MR. But Domingo directly filed a Petition for Review with this Court, as did Rayala. When the Republic opted to file MR, it was merely exercising a right. That Rayala and Domingo had by then already filed cases before the SC did not take away this right. Thus, when this Court directed the Republic to file its Comment on Rayalas petition, it had to comply, even if it had an unresolved MR with the CA, lest it be cited for contempt. Accordingly, it cannot be said that the OSG file[d] multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment.

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Page 1: Domingo v. Rayala

DOMINGO V. RAYALA Topic: Right against sexual harassment

Sexual harassment is an imposition of misplaced superiority which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life. In the present case, when the Republic opted to file MR, it was merely exercising a right.  OSG is not guilty of forum shopping. It was Rayala who filed the petition in the CA, with the Republic as the adverse party. CA decision lowered the penalty from dismissal to one-year suspension. The parties adversely affected by this ruling (Domingo and the Republic) had the right to question the same on MR. But Domingo directly filed a Petition for Review with this Court, as did Rayala. When the Republic opted to file MR, it was merely exercising a right. That Rayala and Domingo had by then already filed cases before the SC did not take away this right. Thus, when this Court directed the Republic to file its Comment on Rayalas petition, it had to comply, even if it had an unresolved MR with the CA, lest it be cited for contempt. Accordingly, it cannot be said that the OSG file[d] multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment.