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Aquino Vs Acosta

Respondent judge was accused of sexual harassment by complainant Aquino. Aquino alleged that on multiple occasions the judge forcibly kissed her and embraced her in his chambers and office. However, the court found Aquino did not prove the judge's actions were done with lustful intent. Some kissing incidents occurred on special occasions when greetings are customary. Aquino also brought the judge gifts from abroad and did not clearly state he demanded sexual favors. Therefore, the judge was not found guilty of sexual harassment.

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Emmanuel Enrico de Vera
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47 views1 page

Aquino Vs Acosta

Respondent judge was accused of sexual harassment by complainant Aquino. Aquino alleged that on multiple occasions the judge forcibly kissed her and embraced her in his chambers and office. However, the court found Aquino did not prove the judge's actions were done with lustful intent. Some kissing incidents occurred on special occasions when greetings are customary. Aquino also brought the judge gifts from abroad and did not clearly state he demanded sexual favors. Therefore, the judge was not found guilty of sexual harassment.

Uploaded by

Emmanuel Enrico de Vera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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AQUINO VS ACOSTA

A.M. No. CTA-01-1. April 2, 2002

FACTS:
In 2000, (Aquino) reported for work after her vacation in the U.S., bringing gifts for the
three judges of the CTA, including respondent. In the afternoon of the same day, he entered her
room and greeted her by shaking her hand. Suddenly, he pulled her towards him and kissed her
on her cheek.

In another occasion, while respondent was on official leave, he called complainant by


phone, saying he will get something in her office. Shortly thereafter, he entered her room, shook
her hand and greeted her, "Merry Christmas." Thereupon, he embraced her and kissed her. She
was able to free herself by slightly pushing him away.

On the first working day in 2001, respondent phoned complainant, asking if she could see
him in his chambers in order to discuss some matters. When complainant arrived there,
respondent tried to kiss her but she was able to evade his sexual attempt.

Weeks later, after the Senate approved the proposed bill expanding the jurisdiction of the
CTA, while complainant and her companions were congratulating and kissing each other,
respondent suddenly placed his arms around her shoulders and kissed her.

The last incident: Respondent called complainant and asked her to see him in his office to
discuss the Senate bill on the CTA. Complainant sat in front of respondent's table and asked him
what he wanted to know about the Senate bill. Respondent then approached complainant saying,
“me gusto akong gawin sa iyo kahapon pa”. Thereupon, he tried to grab her. Complainant
instinctively raised her hands to protect herself but respondent held her arms tightly, pulled her
towards him and kissed her. She pushed him away, then slumped on a chair trembling.
Meantime, respondent sat on his chair and covered his face with his hands. Thereafter,
complainant left crying and locked herself inside a comfort room. After that incident, respondent
went to her office and tossed a note stating, “sorry, it won’t happen again.”

ISSUE:
WON respondent judge could be held guilty for sexual harassment.

HELD:
Respondent judge could not be held guilty for sexual harassment. The complainant failed
to show by convincing evidence that the acts of Judge Acosta in greeting her with a kiss on the
cheek, in a 'beso-beso' fashion, were carried out with lustful and lascivious desires or were
motivated by malice or ill-motive. It is clear under the circumstances that most of the kissing
incidents were done on festive and special occasions. Notably, complainant declared in her
affidavit-complaint that she brought some 'pasalubongs' for the respondent judge from her trip
abroad. Therefore, Atty. Aquino could not have been 'taken aback' by the respondent's act of
greeting her in a friendly manner and thanking her by way of a kiss on the cheek. Atty. Aquino
failed to state categorically in her affidavit-complaint that respondent demanded sexual advances
or favors from her, or that the former had committed physical conduct of sexual nature against
her.

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