Previous 14 / 14 Next

42 Laurel v. Desierto, 430 Phil. 658, 671 (2002). 43 Esquivel v. Ombudsman, 437 Phil. 702, 711 (2002). 44Caña 45 v. Gebusion, 385 Phil. 773 (2000). Barillo v. Gervacio, 532 Phil. 267, 279 (2006). 46Nacar v. Gallery Frames, G.R. No. 189871, August 13, 2013, 703 SCRA 439, 459. 47 Section 56 (d) of the URACCS; Now Section 51 (c) of the RRACCS. 48 See note 2; Appointed August 23, 2005.

Select target paragraph3

● ● ●

Atty. Gonzales v. Serrano

Jurisprudence

Case number: G.R. No. 175433

Division: PH Supreme Court Third Division

Date of decision: Mar 11, 2015

Year of decision: 2015

GBV Case Type

Administrative Complaint

Nature of the case: 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. According to Atty. Serrano, the petitioner 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 her officemates and other customers. The Overall Deputy Ombudsman found him guilty of grave misconduct but the CA downgraded the same to simpe misconduct. The Supreme Court affirmed the CA's decision with modification.

Summary of outcome: The CA's ruling is AFFIRMED with MODIFICATION, reducing the penalty for grave misconduct through sexual harassment from dismissal from service to suspension of six (6) months without pay, and with a stern warning that a repetition of the same offense shall be punished with dismissal from the service. Considering, however, that petitioner Atty. Jacinto C. Gonzales is no longer connected with Philippine Racing Commission, he is ORDERED to REFUND the salaries and other monetary benefits he could have received during the period of such suspension with legal interest of six percent (6%) per annum from the finality of this Decision until fully paid. Further, his earned leave credits during such period of suspension are also deemed FORFEITED.

Moreover, the OCA is DIRECTED to investigate, report and recommend the necessary action on whether petitioner declared in his application for appointment his pending administrative and criminal cases.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: PERALTA, J.

Long title: ATTY. JACINTO C. GONZALES, Petitioner, v. MAILA CLEMEN F. SERRANO, Respondent.

Geolocation 1

Latitude: 14.570487

Longitude: 121.027239

: Geolocation 1

Primary Documents

ATTY. GONZALES.pdf
English
Download View

Commission on Human Rights

Select target paragraph3

Atty. Gonzales v. Serrano

Primary Documents

Notifications