TERESITA G. NARVASA v BENJAMIN A. SANCHEZ

TERESITA G. NARVASA v BENJAMIN A. SANCHEZ

GR NO. 169449

Facts: The instant case stemmed from Three cases of sexual harassment filed separately against Benjamin Sanchez by Teresita Narvasa, Mary Gay dela Cruz and Zenaida Gayaton.

Dela Cruz claimed that sometime in February 2000, Sanchez handed her a note saying, “Gay, I like you.”. Dela Cruz told Sanchez that she would give the note to his wife, consequently the latter grabbed the note from her and tore it into pieces. The act was repeated when Sanchez sent a message to De La Cruz saying, “Ka date ko si Mary Gay… ang tamis ng halik mo.”.   

Gayaton also narrated that Sanchez, sometime in April 2002, whispered to her during a retirement program, “Oy flawess, pumanaw ka met ditan” while twice pinching her upper left arm near the shoulder in a slow manner. She also received a text messages  from Sanchez like “pauwi ka na sexy?”, “I like you”, “Have a date with me”, “don’t tell others that I told you I like you because nakakahiya” and “Puso mo to pagbigay moto sakin, I would be very happy” and “I slept and dreamt nice things about you.”.

Narvasa claimed that Sanchez pulled her towards him and attempted to kiss her during a field trip of officers and members of the St. Joseph Multi Purpose Cooperative.

Based on the investigation, he was found guilty of the three charges which caused his dismissal from the government service.

Issue: Whether the acts committed by Sanchez against the petitioners constitute grave misconduct?

Held: The court held that Sanchez is guilty of grave misconduct. In the case, grave misconduct  possesses the elements of corruption, clear intent to violate the law or flagrant disregard of an established rule must manifest.

Sanchez’ act are in no doubt, intentional. Respondent was charged with knowledge of the existence of the Anti Sexual Harassment Act of 1995. His act of grabbing petitioner and attempting to kiss her without consent was an unmistakable manifestation of his intention to violate laws.