Case Digest (G.R. No. 211962)
Facts:
Jose Romeo C. Escandor v. People of the Philippines, G.R. No. 211962, July 06, 2020, Supreme Court Third Division, Leonen, J., writing for the Court. Petitioner Jose Romeo C. Escandor (former Regional Director, NEDA Region 7) sought review of the Sandiganbayan Special Third Division’s October 17, 2013 Decision (and its February 28, 2014 denial of reconsideration) that convicted him of sexual harassment under Republic Act No. 7877; the Court resolved the petition by Rule 45.The private complainant was Cindy Sheila C. Gamallo, a contractual NEDA Region 7 employee (UNICEF-assisted Fifth Country Program for Children) from March 1995 to December 2003. Gamallo filed a Complaint-Affidavit (dated September 4, 2004) alleging a series of unwelcome sexual advances by Escandor spanning July 1999 to November 2003: an initial incident in July 1999 in which Escandor allegedly grabbed her hand, embraced and kissed her forehead; subsequent incidents in 2000 of verbal advances, a hand on her thigh, inappropriate conversations, and electronic messages (Winpop/text) expressing affection; gifts (chocolates, wine, bracelet); and an episode at an office Christmas party in which Escandor allegedly attempted or planted a kiss. Gamallo testified that the acts caused humiliation, fear, inability to concentrate, and ultimately led to her resignation in November 2003.
Three colleagues—Lina Villamor, Rafael Tagalog, and Sandra Manuel—testified corroborating Gamallo’s account and describing efforts to prevent Gamallo from being alone with Escandor. Manuel also reported the incidents to NEDA’s Deputy Director General, who confronted Escandor; Escandor reacted by accusing Manuel of disloyalty.
An Information was filed on March 21, 2007 charging Escandor with violating RA 7877 for a series of acts (the Information lists various acts and refers, among others, to “the office Christmas party of 2002”). Escandor denied the allegations, contending they were fabricated by disgruntled employees and retaliatory in nature (linked to administrative complaints he allegedly filed against Gamallo’s husband). His sole corroborating witness was a utility worker, John Louis Savellon, who testified to talk among staff about ousting Escandor.
The Sandiganbayan (Special Third Division) conducted trial, found Gamallo credible, gave weight to the corroborative witnesses, disbelieved Escandor’s theory of conspiracy, and on October 17, 2013 convicted Escandor of sexual harassment, sentencing him to six months’ imprisonment and a P20,000 fine (with subsidiary imprisonment). Escandor’s motion for reconsideration was denied on February 28, 2014, leading to this Rule 45 Petition for Review on Certiorari to the Supreme Court. Escandor raised three principal complaints: insufficiency of evidence ...(Pro-only)
Issues:
- Was petitioner Jose Romeo C. Escandor’s guilt for sexual harassment under Republic Act No. 7877 established beyond reasonable doubt?
- Does the discrepancy in the date of the Christmas party (testimony saying 2000 while the Information alleged 2002) violate petitioner’s constitutional right to be informed of the nature and cause of the accusation and thereby absolve him of liability?
- Was the Complaint against petitioner filed within the prescriptive period under ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)