preliminary conference of the administrative case. Both parties appeared as directed and agreed to submit the case for decision based on the evidence on record and pleadings filed. A Resolution dated July 17, 2001 was approved by then Overall Deputy Ombudsman Margarito P. Gervacio, Jr. (Overall Deputy Ombudsman) in OMB-0-01-0039, the dispositive portion of which reads: chanRoblesvirtua lLaw lib rary WHEREFORE, premises considered, this Office finds sufficient evidence that supports the conclusion that the crime of violation of Section 3(a), Republic Act No. 7877, otherwise known as “An Act Declaring Sexual Harassment Unlawful in the Employment, Education, or Training Environment, and for other purposes,” was committed probably by the herein respondent. Let therefore, the appropriate information be filed against Jacinto C. Gonzales before the Metropolitan Trial Court of Makati City. SO RESOLVED.11 cralawred cralawlawl ibra ry On March 19, 2002, the Office of the Ombudsman Administrative Adjudication Bureau, through Graft Investigation Officer Marlon T. Molina, issued a Decision finding petitioner guilty of grave misconduct. Approved by Ombudsman Aniano A. Desierto, among other officers, the Decision has the following dispositive portion: chanRoblesvirt ual Lawlib rary FOREGOING PREMISES CONSIDERED, this Office finds substantial evidence that respondent JACINTO G. GONZALES is guilty of Grave Misconduct. Accordingly, the penalty of DISMISSAL from the service is hereby imposed upon him pursuant to Section 52 (A), par. 3, Rule IV of Resolution No. 991936 otherwise known as the Uniform Rules on Administrative Cases in the Civil Service. The Honorable Chairman of the Philippine Racing Commission, Electra House Building, Esteban Street, Legaspi Village, Makati City is hereby directed to implement this Decision in accordance with law and promptly report to this Office compliance thereof. SO ORDERED.12 cralawlawlib ra ry Petitioner moved for reconsideration which the Ombudsman Administrative Adjudication Bureau denied in the Order dated September 9, 2002.13 cralawred However, on January 3, 2003, the Overall Deputy Ombudsman approved the Memorandum issued by Graft Investigation Officer II Julita M. Calderon, with a decretal portion that states: chanRoblesvirtual Lawlib rary WHEREFORE, foregoing premises considered, we most respectfully recommend that the herein ORDER dated September 9, 2002 prepared by GIO Molina be MODIFIED insofar as the infraction and the penalty to be imposed upon the herein respondent is concerned, i.e., from GRAVE MISCONDUCT to SIMPLE MISCONDUCT and from DISMISSAL from the Service to a mere ONE (1) MONTH SUSPENSION, without pay, pursuant to Section 52B (2) of Rule IV of the “Uniform Rules on Administrative Cases in the Civil Service.14 cralawlawlib ra ry