Case Digest (G.R. No. 169449)
Facts:
In Teresa G. Narvasa v. Benjamin A. Sanchez, Jr., the petitioner, Teresita G. Narvasa, a senior bookkeeper of the Municipality of Diadi, Nueva Vizcaya, filed an administrative complaint against the municipal assessor, Benjamin A. Sanchez, Jr., for an act of sexual harassment that occurred on November 18, 2000, during a field trip in Bulacan. She alleged that respondent forcibly pulled her toward him and attempted to kiss her without consent, from which she freed herself and returned to her group. Prior to this, two colleagues—Mary Gay P. de la Cruz and Zenaida M. Gayaton—had separately accused Sanchez of similar misconduct: in February 2000 and March 2002 he sent unsolicited love notes and messages to de la Cruz; in April 2002 he whispered humiliating remarks to Gayaton, pinched her arm twice, and sent her lewd text messages over several days. The Municipal Committee on Decorum and Investigation found Sanchez guilty: he received a reprimand and 30-day suspension for the offensesCase Digest (G.R. No. 169449)
Facts:
- Parties and Positions
- Petitioner Teresita G. Narvasa, senior bookkeeper of the Municipality of Diadi, Nueva Vizcaya.
- Respondent Benjamin A. Sanchez, Jr., municipal assessor of the same LGU.
- Allegations and Administrative Proceedings
- Complaints by Mary Gay P. de la Cruz and Zenaida M. Gayaton
- De la Cruz’s affidavit: In February 2000, respondent handed her a note reading “Gay, I like you,” then later sent a March 2002 message praising her kiss.
- Gayaton’s affidavit: On April 5, 2002, respondent whispered a remark and pinched her arm; she later received texts (“Pauwi ka na ba sexy?” and multiple messages from April 22–25, 2002 expressing romantic interest).
- Complaint by Petitioner Narvasa
- On November 18, 2000, during a field trip, respondent pulled Narvasa toward him and attempted to kiss her; she resisted and escaped. Respondent apologized three times.
- Disciplinary Findings
- LGU’s Committee on Decorum and Investigation (CODI): Found respondent guilty—reprimand for light harassment, 30-day suspension for less grave harassment, dismissal for grave harassment in Narvasa’s case.
- Civil Service Commission (CSC): Reviewed only Narvasa’s case, ruled respondent guilty of grave misconduct (not merely grave sexual harassment) and dismissed him.
- Court of Appeals (CA): Modified CSC’s resolution, downgraded the offense to simple misconduct and imposed suspension of one month and one day.
- Supreme Court Petition
- Petitioner Narvasa filed a petition for review on certiorari challenging the CA’s downgrading of respondent’s offense.
- Core controversy: Whether respondent’s actions against Narvasa constituted simple misconduct or grave misconduct.
Issues:
- Whether the acts of pulling and attempting to kiss Narvasa without consent constitute simple misconduct or grave misconduct under applicable rules and jurisprudence.
- Whether respondent’s knowledge of RA 7877 (Anti-Sexual Harassment Act) and repeated apologies affect the classification of his offense.
- Whether mitigating and aggravating circumstances were properly appreciated by the CA.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)