THIRD DIVISION
G.R. No. 175433, March 11, 2015
ATTY. JACINTO C. GONZALES, Petitioner, v. MAILA CLEMEN F.
SERRANO, Respondent.
DECISION
PERALTA, J.:
Before the Court is a Petition for Review on Certiorari1 under Rule 45 of the Rules of
Court filed by Atty. Jacinto C. Gonzales,2 assailing the Decision3 of the Court of Appeals
(CA), dated August 16, 2006, and its Resolution4 dated October 4, 2006, in CA G.R. SP
No. 76959. The CA reversed and set aside the Memorandum-Order dated January 3,
2003 and the Order dated February 11, 2003 approved by then Overall Deputy
Ombudsman Margarito P. Gervacio Jr. in OMB-ADM-0-01-0162, and reinstated the
Decision dated March 19, 2002 of the Ombudsman Administrative Adjudication Bureau
approved by then Ombudsman Aniano A. Desierto in OMB-ADM-01-0162 (RAS-20010156).
The factual and procedural antecedents are as follows:
This case arose from an administrative complaint filed by Atty. Maila Clemen F. Serrano
(respondent) against her direct superior, Atty. Jacinto C. Gonzales (petitioner), Chief,
Legal Division of the Philippine Racing Commission (PHILRACOM), for grave misconduct,
sexual harassment and acts of lasciviousness.
In her Complaint-Affidavit5 dated January 12, 2001, respondent alleged that on
November 23, 2000, petitioner invited her, along with her officemates, Administrative
Officer V Eva Bataller, Atty. III Eugene Juanson, and Stenographer II Roman Vidal, to
eat lunch at Buddy's Restaurant, at J.P. Rizal St., Makati City. While seated at the table
waiting for their food to be served, petitioner suddenly took hold of respondent's face
and forcefully kissed her lips in the presence of Eva, Eugene, Roman and other
customers. Respondent tried to ward off petitioner by pulling her head away from him,
but he persisted on kissing her against her will. She was so shocked, terrified, and
humiliated that she could hardly talk and move. She wanted to cry, but held her tears
for fear of further embarrassment. After releasing her, petitioner said: “Ang sarap pala
ng labi ni Maila...” Then, he held her hand and said “Maila sige na...” But, she took
away her hand from him. Thereafter, she immediately reported the incident to
PHILRACOM Executive Director Juan Lozano.
Respondent also alleged that prior to that “kissing” incident, petitioner had already
degraded her person on four (4) separate occasions, namely: (1) on the very first day
she met him in the office, he offered to purchase her a cell phone so that he can text
her, which offer she straightforwardly refused; (2) on that same day, he wanted her to
join him in his car in going home, which she likewise refused; (3) a week later, he
asked her to eat out for lunch; again, she refused; and (4) on August 23, 2000, after
her sick leave from office, petitioner called her in his office and scolded her and uttered
the following unsavory remarks:
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