Case Digest (G.R. No. 234624)
Facts:
Presidential Broadcast Staff-Radio Television Malacanang (PBS-RTVM) v. Vergel P. Tabasa, G.R. No. 234624, February 26, 2020, the Supreme Court Second Division, Inting, J., writing for the Court.On June 18, 2013, Sharmila Kaye Angco, a contractual employee of PBS-RTVM, filed an administrative complaint against Vergel P. Tabasa, a close‑in cameraman, charging sexual harassment or grave misconduct for an incident on December 28, 2012 in the Engineering Office where Tabasa allegedly sat beside Angco, tickled her right knee, held her such that she hit her elbow when freeing herself, and later taunted her instead of apologizing. A Fact‑Finding Committee was created to investigate.
Tabasa had a prior administrative case for simple misconduct, resolved on September 5, 2013. He demanded a formal investigation and counsel, admitted touching the knee but claimed it was a joking banter without malice and alleged a concerted action by several female employees. After notice and hearing, the Committee found him guilty of simple misconduct on May 20, 2014 and recommended dismissal as it was a second offense. Assistant Secretary Virgilio P. Nadal, Jr. approved the recommendation on May 20, 2014; Secretary Herminio Coloma, Jr. affirmed.
Tabasa appealed to the Civil Service Commission (CSC) alleging due process violations and partiality by PBS‑RTVM; the CSC initially did not give due course to the belated appeal but on reconsideration partly granted his appeal and remanded the case to PBS‑RTVM for a formal investigation. A Formal Investigation Report dated August 11, 2015 again found Tabasa guilty and recommended dismissal; Asec. Nadal (Aug. 24, 2015) and Secretary Coloma (Sept. 21, 2015) affirmed. The CSC, however, in Decision No. 160374 dated March 17, 2016 dismissed Tabasa’s appeal and affirmed dismissal with accessory penalties.
Tabasa sought relief in the Court of Appeals (CA) via petition for review; the CA in a Decision dated March 30, 2017 partly granted the petition and modified the penalty, reducing dismissal to suspension for six months without pay and ordering backwages, citing the triviality of the offense and Tabasa’s long government service as reasons for mitigation.
PBS‑RTVM (through ...(Subscriber-Only)
Issues:
- In a Rule 45 petition, may this Court reassess or disturb the factual findings of administrative agencies and the CA?
- Did Tabasa’s unsolicited touching/tickling of Angco constitute simple misconduct under the civil service rules?
- Was the Court of Appeals correct to reduce the penalty from dismissal (prescribed for a second simple misconduct) ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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