SC suspends lawyer for sexual advances to students
Credit to Author: Tempo Desk| Date: Wed, 10 Jul 2019 12:50:04 +0000
The Supreme Court has suspended a lawyer from the practice of law for five years and barred from teaching law in any school for 10 years for making sexual advances to his students.
In a recent decision that was made public yesterday, penalized by the SC was Atty. Cresencio Co Untian Jr., a law professor of the Xavier University in Cagayan de Oro City.
While the Integrated Bar of the Philippines recommended Untian’s suspension as a lawyer for two years on complaints filed by three female students, the SC – which is empowered to discipline lawyers – imposed a heavier penalty.
In a decision written by Associate Justice Jose C. Reyes Jr., the SC found that Untian violated Rule 1.01 of the Code of Professional Responsibility for Lawyers which provides that “a lawyer shall not engage in an unlawful, dishonest, immoral, or deceitful conduct.”
One student complained that Untian sent her romantic messages, love notes, and even invited her to go to Camiguin, which she said she declined.
The other student said that Untian showed her a naked photograph of a women who looked like her and teased her about it.
The third student complained that when she asked Untian to repeat a question during a recitation by saying “Sir, come again?” the professor replied: “You want me to come again? I have not come the first time and don’t you know that it took me five minutes to come, and you want me to come again?”
“Clearly, the respondent abused the power and authority he possessed over the complainants. His sexually laced conduct had created a hostile and offensive environment which deeply prejudiced his students. In what was supposed to be a safe place for them to learn and develop, they were instead subjected to unwarranted sexual advances,” the SC said.
It pointed out that “the essence of sexual harassment is not the violation of the victim’s sexuality but the abusive power by the offender. In other words, what the law aims to punish is the undue exercise of power and authority manifested through sexually charged conduct or one filled with sexual undertones.” (Rey Panaligan)