Court is unconvinced in view of the Joint Affidavit of their officemates attesting that he
forcibly kissed her on the lips and said: “Ang sarap pala ng labi ni Maila. x x x”
In Narvasa v. Sanchez, Jr.,30 the Court found the respondent public officer, who merely
attempted to forcibly kiss the complainant, guilty of grave misconduct through sexual
harassment, thus:
chanRoblesvi rtual Lawli bra ry
Respondent’s acts of grabbing petitioner and attempting to kiss her were, no doubt,
intentional. Worse, the incident occurred months after he had made similar but subtler
overtures to [complainant] De la Cruz, who made it clear that his sexual advances were
not welcome. Considering that the acts respondent committed against petitioner were
much more aggressive, it was impossible that the offensive nature of his actions could
have escaped him. It does not appear that petitioner and respondent were carrying on
an amorous relationship that might have justified his attempt to kiss petitioner while
they were separated from their companions. Worse, as petitioner and respondent were
both married (to other persons), respondent not only took his marital status lightly, he
also ignored petitioner’s married state, and good character and reputation.
We disagree with the CA that neither corruption, clear intent to violate the law
or flagrant disregard of an established rule attended the incident in question.
RA 7877, the Anti-Sexual Harassment Act of 1995, took effect on March 5, 1995.
Respondent was charged with knowledge of the existence of this law and its contents,
more so because he was a public servant. His act of grabbing petitioner and
attempting to kiss her without her consent was an unmistakable manifestation
of his intention to violate laws that specifically prohibited sexual harassment
in the work environment. Assuming arguendo that respondent never intended
to violate RA 7877, his attempt to kiss petitioner was a flagrant disregard of a
customary rule that had existed since time immemorial – that intimate
physical contact between individuals must be consensual. Respondent’s defiance
of custom and lack of respect for the opposite sex were more appalling because he was
a married man. Respondent’s act showed a low regard for women and disrespect for
petitioner’s honor and dignity.31 (Emphasis added)
cralawlawl ibra ry
However, it bears emphasis that in Narvasa v. Sanchez, Jr.,32 the Court ordered the
respondent public officer's dismissal from service with forfeiture of retirement benefits
and with prejudice to re-employment in any branch or instrumentality of the
government, including government-owned and controlled corporations, because it was
the third time that he was penalized for acts of sexual harassment. In determining such
penalty, moreover, the Court considered the length of his service as an aggravating
circumstance.
Apropos to this case is Civil Service Commission v. Nierras33 where the Court upheld
the CA's decision finding the respondent public officer guilty of grave misconduct
through sexual harassment with a reduced sentence of six (6) months suspension
without pay, thus:
chanRoblesvi rtual Lawli bra ry
Petitioner alleged that the Court of Appeals erred in applying the case of Veloso v.
Caminade in imposing the proper penalty on Nierras since the facts of the case are
different. Indeed, it should be noted that in the instant case, Oña and Nierras are not
co-employees while in the Caminade case, the complainants were the subordinates of