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[ G.R. No.

211962, July 06, 2020 ]

JOSE ROMEO C. ESCANDOR, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

RESOLUTION

LEONEN, J.:

At the core of sexual harassment in the workplace, as penalized by Republic Act No. 7877, otherwise known as the
Anti-Sexual Harassment Act of 1995, is abuse of power by a superior over a subordinate.1 Sexual harassment
engenders three-fold liability: criminal, to address the wrong committed against society itself; civil, to address the
private wrong against the offended party; and administrative, to protect the public service.2 Courts and
administrative bodies should not hesitate to penalize insidious acts of sexual harassment, especially when
committed by high-ranking public officers.

This resolves a Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Civil Procedure filed by
petitioner Jose Romeo C. Escandor (Escandor). He prays for the reversal of the assailed October 17, 2013
Decision3 and February 28, 2014 Resolution4 of the Special Third Division of the Sandiganbayan. The assailed
Decision found Escandor guilty beyond reasonable doubt of the offense of sexual harassment as penalized by the
Anti-Sexual Harassment Act. The assailed Resolution, denied Escandor's Motion for Reconsideration.

Escandor was the Regional Director of the National Economic and Development Authority Region 7, Cebu City from
August 16, 1992 to October 31, 2005. Private complainant Cindy Sheila C. Gamallo (Gamallo) was a contractual
employee of the National Economic and Development Authority Region 7 for the United Nations Children's Fund
assisted Fifth Country Program for Children from March 1995 to December 2003.5

In an Information6 dated March 21, 2007, Escandor was charged with violating Republic Act No. 7877 as follows:

That in (sic) or about the period from the month of July 1999 until November 2003, at Cebu City, Philippines, and
within the jurisdiction of this Honorable Court, above- named accused JOSE ROMEO C. ESCANDOR, a public
officer, being the Regional Director of NEDA Regional Office No. 7, based in Sudlon, Lahug, Cebu City (SG-28), in
such capacity and committing the offense in relation to his official functions and taking advantage of his position,
and with grave abuse of authority, with deliberate intent, with evident bad faith, did then and there willfully,
unlawfully and criminally perform or make a series of unwelcome sexual advances or verbal or physical behaviour of
sexual nature, and demand, solicit, and request sexual favors from Mrs. Cindy Sheila Cobarde- Gamallo, then a
Contractual Employee of the NEDA Regional Office No. 7 for the UNICEF-assisted Fifth Country Program for
Children (CPC V), and, thus, the accused's subordinate, thereby exercising authority, influence or moral
ascendancy over said Mrs. Cindy Sheila Cobarde-Gamallo in her working place, namely by: telling her that he has
fallen in love with her and has been attracted to her for a long time already, maliciously grabbing her hands,
embracing her and planting a kiss on her forehead; telling her that if it were possible, he would have prevented her
marriage with her husband; asking her for a date; groping her thigh; sending her winpop messages showing his
amorous concern for her; on the office Christmas party of 2002, by grabbing her on a stairway and kissing her on
the lips; giving her gifts of chocolates, wine and a bracelet on that same Christmas, and consistently throughout this
time, sending her text messages suggestive of sex; which acts of the accused resulted to an intimidating, hostile, or
offensive environment as these caused discomfort and humiliation on his subordinate, Ms. Cindy Sheila Cobarde-
Gamallo, adversely affecting her and her family, thus constituting sexual harassment.7 (Emphasis supplied)

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