G.R. No. 169449 - Narvasa vs. Sanchez, Jr.

Petitioner: Teresita G. Narvasa — senior bookkeeper of the Municipality of Diadi, Nueva Vizcaya (LGU).
Respondent: Benjamin A. Sanchez, Jr. — municipal assessor of the Municipality of Diadi, Nueva Vizcaya.

Complaints filed: Three separate sexual harassment complaints were filed against respondent by petitioner Narvasa, Mary Gay P. De la Cruz, and Zenaida M. Gayaton; each complaint arose from distinct incidents occurring between February 2000 and April 2002.
De la Cruz’s allegations:

February 2000 — respondent handed De la Cruz a note saying, “Gay, I like you”; De la Cruz admonished him and threatened to give the note to his wife; respondent grabbed and tore the note.
March 2002 — respondent sent a message stating, “Ka date ko si Mary Gay... ang tamis ng halik mo.”

April 5, 2002 — respondent whispered, “Oy flawless, pumanaw ka met ditan” during a retirement program and twice pinched her upper left arm near the shoulder in a slow manner.
A few days later — Gayaton received a text message reading, “Pauwi ka na ba sexy?” which she later verified as sent by respondent through his clerk.
April 22–25, 2002 — Gayaton received multiple messages from respondent: “I like you”; “Have a date with me”; “Don’t tell to (sic) others that I told that I like you because nakakahiya”; “Puso mo to pag bigay moto sakin, I would be very happy”; and “I slept and dreamt nice things about you.”

November 18, 2000 — during a field trip of the St. Joseph Multi-Purpose Cooperative at Grotto Vista Resort in Bulacan, respondent allegedly pulled petitioner toward him and attempted to kiss her; petitioner resisted and escaped to rejoin the group; respondent apologized to petitioner three times for that incident.

The LGU’s Committee on Decorum and Investigation (CODI) investigated and Municipal Mayor Marvic S. Padilla found respondent guilty of all three charges.
Penalties imposed by Mayor Padilla: reprimand for the first/light harassment (De la Cruz); 30 days’ suspension for the first/less grave sexual harassment (Gayaton); dismissal from government service for the offense against Narvasa (deemed grave sexual harassment).

CSC reviewed only the case filed by Narvasa because reprimand/suspension of 30 days or less are not appealable to the CSC.
CSC dismissed respondent’s appeal but modified Mayor Padilla’s characterization, finding respondent guilty of grave misconduct (instead of “grave sexual harassment”) and imposed dismissal from the service (forfeiture of retirement benefits except accrued leave credits; with prejudice to re-employment).

Respondent appealed to the CA (CA-G.R. SP No. 81107). The CA partially granted his appeal, downgraded respondent’s offense to “simple misconduct,” and reduced the penalty to suspension for one month and one day.

Petitioner sought review in this Court to challenge the CA’s downgrading of the offense and reduction of penalty. The central contested question before the Supreme Court concerned whether respondent’s acts against petitioner constituted simple misconduct or grave misconduct.

Whether respondent’s acts — specifically grabbing petitioner and attempting to kiss her without consent — constitute grave misconduct (warranting dismissal) or only simple misconduct (warranting a lesser penalty).

Whether respondent’s prior similar acts toward other employees and the existence and applicability of RA 7877 (Anti-Sexual Harassment Act) and CSC Memorandum Circular No. 19 (classifying sexual harassment as a ground for grave misconduct) establish clear intent to violate law or a flagrant disregard of established rules.
Whether respondent’s repeated apologies mitigate culpability or show lack of intent.
Whether respondent’s long length of government service and claimed awards (e.g., “Most Outstanding Municipal Assessor of Region II”) properly operate as mitigating circumstances, and how habituality and length of service should be weighted under Section 53 of the Uniform Rules on Administrative Cases.