SUPREME COURT DECIDED CASE ON RA 7877
Title of the case:
Jose Romeo C. Escandor v. Hon. Conchita Carpio Morales, Sec. Emmanuel F. Esguerra, and Cindy Sheila C.
Gamallo
Facts:
• Jose Romeo C. Escandor (petitioner) was the Regional Director of the National Economic and
Development Authority, Regional Office No. 7 (NEDA 7).
• Cindy Sheila Gamallo (private respondent) filed a complaint for violation of Republic Act No. 7877
(Anti-Sexual Harassment Act) against petitioner.
• Gamallo alleged that petitioner made unwanted sexual advances towards her, including grabbing her
hand, kissing her, engaging in improper conversations, touching her thigh, giving her gifts, and sending
her inappropriate messages.
• The Office of the Ombudsman-Visayas found petitioner guilty of grave misconduct and dismissed him
from government service.
• Petitioner appealed to the Court of Appeals, which affirmed the Ombudsman's decision.
• Petitioner filed a Petition for Review on Certiorari with the Supreme Court.
Issue:
•Petitioner Escandor argued that the sexual harassment complaint should have been filed with the
disciplining authority of the National Economic and Development Authority, not the Office of the
Ombudsman.
•The Supreme Court held that the Office of the Ombudsman has jurisdiction over the administrative
complaint, as the Ombudsman has the power and authority to investigate acts or omissions of public
officials that appear to be illegal, unjust, improper, or inefficient.
•The Court found that the Office of the Ombudsman did not commit any procedural error in taking
cognizance of the case, even though there was no Committee on Decorum and Investigation established
at the NEDA at the time the complaint was filed.
•The Court also held that Escandor, by actively participating in the proceedings before the Ombudsman,
had submitted himself to its jurisdiction and was now barred from challenging it.
Held/Decision:
•The Office of the Ombudsman has jurisdiction over the administrative complaint for sexual harassment
filed by Cindy Sheila Gamallo against Jose Romeo C. Escandor. The Ombudsman has the power and
authority to investigate acts or omissions of public officials that appear to be illegal, unjust, improper, or
inefficient.
•The Court found that the Ombudsman did not commit any procedural error in taking cognizance of the
case, even though there was no Committee on Decorum and Investigation established at the NEDA at
the time the complaint was filed.
•The Court held that Escandor, by actively participating in the proceedings before the Ombudsman, had
submitted himself to its jurisdiction and was now barred from challenging it.
•The Court affirmed the Ombudsman's finding that Gamallo was able to substantially prove the
allegations of sexual harassment against Escandor, and that the penalty of dismissal from government
service was proper.
