the offender. Also, in the Caminade case, there were several incidents of sexual
harassment by a judge from whom the expected standard of morality was more
exacting. But here, there was only one incident of sexual harassment. If a six-month
suspension can be meted to a judge from whom the expected standard of morality is
more exacting, a fortiori, the same or lesser penalty should be meted to Nierras.
Moreover, in the Caminade case, the offender actually forcefully kissed and grabbed the
complainants. However, in this case, Oña was able to flee from the arms of Nierras
even before he could cause more harm to her. Under the circumstances of the present
case, we agree with the Court of Appeals that suspension of the offender for a period of
six (6) months without pay is sufficient penalty.34
cralawre d
cralawlawl ibra ry
Guided by the foregoing jurisprudence, the Court agrees with the CA that petitioner
should be held liable for grave misconduct, but holds that a reduction of the penalty
from dismissal from service to a mere suspension of six (6) months without pay, is in
order. Like in Veloso v. Caminade,35 there is only one incident of sexual harassment in
this case where petitioner forcibly kissed respondent who was his subordinate. If a six
(6)-month suspension can be meted to a judge from whom the expected standard of
morality is more exacting, it is logical that a similar penalty should be meted to
petitioner.
Moreover, the Court's reduced penalty of six (6)-months suspension without pay is in
conformity with Civil Service Commission Resolution (CSC) No. 01-0940 entitled the
Administrative Disciplinary Rules on Sexual Harassment Cases. Section 53, Rule X
thereof classifies acts of sexual harassment as grave, less grave and light offenses,
while Sections 55 and 56, Rule XI provides the corresponding penalties therefor, to
wit:
chanRoblesvirt ual Lawlib rary
“RULE X
CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT
Section 53. Sexual harassment is classified as grave, less grave and light offenses.
A. Grave Offenses shall include, but are not limited to:
1. unwanted touching of private parts of the body (genitalia, buttocks and breast);
2. sexual assault;
3. malicious touching;
4. requesting for sexual favor in exchange for employment, promotion, local or foreign
travels, favorable working conditions or assignments, a passing grade, the granting of
honors or scholarship, or the grant of benefits or payment of a stipend or allowance,
and
5. other analogous cases.
B. Less Grave Offenses shall include, but are not limited to:
1. unwanted touching or brushing against a victim’s body;
2. pinching not falling under grave offenses;
3. derogatory or degrading remarks or innuendoes directed toward the
members of one sex, or one’s sexual orientation or used to describe a person;
4. verbal abuse with sexual overtones; and
5. other analogous cases.