Case Summary (G.R. No. 146646-49)
Key Dates
• February 1997 – Simbajon detailed to MTCC Branch 1; bookbinder position becomes vacant
• July 25, 1997 – First unwelcome kiss in petitioner’s chambers
• August 5, 1997 – Second incident involving forcible kisses and inappropriate touching
• September 8, 1997 – Simbajon files complaint with City Prosecutor, Cabanatuan City
• March 9 & July 1, 1998 – Informations for Sexual Harassment (R.A. 7877) and acts of lasciviousness (Revised Penal Code, Art. 336) filed with Sandiganbayan
• December 18, 2000 & January 11, 2001 – Sandiganbayan Resolution and Order denying motion to quash
• June 5, 2006 – Supreme Court decision
Applicable Law
• 1987 Philippine Constitution (decision post-1990)
• Article 336, Revised Penal Code (acts of lasciviousness)
• Republic Act No. 7877 (Anti-Sexual Harassment Law of 1995)
• Presidential Decree No. 1606 as amended by Republic Act No. 8249 (Sandiganbayan jurisdiction)
• Supreme Court Circular No. 7 (1987) – Appointment recommendations in the judiciary
Factual Allegations
When Simbajon sought a permanent appointment as bookbinder, Petitioner conditioned his recommendation on her consenting to be his “girlfriend” and reporting daily for a kiss. After her refusal, he forcibly kissed her on July 25 and again on August 5, 1997, with further unconsented embraces and touching of her breast. Distressed, Simbajon reported the incidents to co-employees and filed a sworn complaint on September 8, 1997.
Procedural History
- Two initial Informations for violation of R.A. 7877 and two for acts of lasciviousness were filed with the Sandiganbayan.
- Petitioner moved to quash the latter on double jeopardy grounds; motion denied.
- Prosecution filed Amended Informations charging acts of lasciviousness “in relation to his office” as a judge.
- Petitioner again moved to quash for lack of jurisdiction; Sandiganbayan admitted the Amended Informations and denied reconsideration (Dec 18, 2000; Jan 11, 2001).
- Petitioner sought certiorari under Rule 65 before the Supreme Court.
Issue Presented
Whether the Sandiganbayan has exclusive jurisdiction over the acts of lasciviousness charges against Judge Esteban by reason of their alleged connection to his official functions.
Court’s Analysis
Under Section 4(b), P.D. 1606 (as amended by R.A. 8249), the Sandiganbayan exercises “exclusive original jurisdiction” over offenses by public officials when “committed in relation to their office.” Jurisdiction depends on factual allegations showing an intimate connection between the offense and the performance of official duties (People v. Montejo).
Here, the Amended Informations allege that Petitioner exploited his official authority to recommend Simbajon’s appointment as a condition for sexual favors. Supreme
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Facts
- Rogelio M. Esteban was the Presiding Judge of Branch 1, Municipal Trial Court in Cities, Cabanatuan City.
- Ana May V. Simbajon, a casual employee of the Cabanatuan City government, was detailed to Esteban’s court and later applied for the vacant bookbinder position.
- On July 25, 1997, when Simbajon sought Esteban’s endorsement for her appointment, he demanded that she become his “girlfriend” and report daily for a kiss as a condition for signing her appointment papers, then planted a kiss on her left cheek.
- On August 5, 1997, Esteban renewed his proposal, forcibly embraced Simbajon, kissed her all over her face, and touched her right breast against her will.
- Distressed, Simbajon fled, reported the assault to co-employee Elizabeth Q. Manubay, and filed a sworn complaint against Esteban on September 8, 1997.
Procedural History
- March 9 and July 1, 1998: Informations for violation of R.A. 7877 (Anti-Sexual Harassment Law) filed as Sandiganbayan Criminal Cases Nos. 24490 and 24702.
- July 1, 1998: Informations for acts of lasciviousness filed as Criminal Cases Nos. 24703-04.
- September 18, 1998: Esteban’s motion to quash Cases 24703-04 on double jeopardy grounds denied; court directed prosecution to determine relation to office.
- September 3, 1999: Prosecution filed Amended Informations in 24703 and 24704 alleging non-consensual kiss in relation to Esteban’s official acts.
- September 29, 1999: Esteban moved to quash Amended I