Dr. Rico S.Jacutin vs. People of the Philippines G.R. No. 140604. March 6, 2002 acts! Juliet ". #ee, then a 22$%ear ol& fresh 'ra&uate of nursin', averre& that on 2( Nove)*er 1++ her father acco)panie& her to the office of petitioner at the -it% ealth /ffice to see e)plo%)ent. Juliets father an& petitioner ere chil&hoo& frien&s. Juliet as infor)e& *% the &octor that the -it% ealth /ffice ha& 3ust then fille& up the vacant positions for nurses *ut that he oul& still see if he )i'ht *e a*le to help her. he folloin' &a%, 2+ Nove)*er 1++, Juliet an& her father returne& to the -it% ealth /ffice, an& the% ere infor)e& *% petitioner that a )e&ical 'roup fro) e5as, .S.7., as co)in' to ton in Dece)*er to loo into puttin' up a clinic in 8apasan, -a'a%an &e /ro, here she )i'ht *e consi&ere&. /n 01 Dece)*er 1++, aroun& nine ocloc in the )ornin', she an& her father ent *ac to the office of petitioner. he latter infor)e& her that there as a vacanc% in a fa)il% plannin' pro3ect for the cit% an& an & that, if she ere intereste&, he coul& intervie her for the 3o*. Petitioner then starte& puttin' up to her a nu)*er of 9uestions. :hen ase& at one point hether or not she alrea&% ha& a *o%frien&, she sai& ;no.< Petitioner su''este& that perhaps if her father ere not aroun&, she coul& affor& affor& to *e honest in her ansers ansers to the &octor. he father, tain' the cue, &eci&e& to leave. Petitioner Petitioner then in9uire& in9uire& hether she as still still a vir'in, vir'in, e5plainin' e5plainin' to her his theor% on the various aspects of vir'init% vir'init%.. e ;h%potheticall%< ase& hether she oul& tell her fa)il% or frien&s frien&s if a )ale frien& frien& happene& to inti)atel% inti)atel% touch her. Petitioner Petitioner later later offere& her the 3o* 3o* here she oul& *e the su*3ect su*3ect of a ;research< pro'ra). She as re9ueste& to *e *ac after lunch. =efore procee&in' to petitioners office that afternoon, Juliet &roppe& *% at the near*% church to see &ivine 'ui&ance as she felt so ;confuse&.< :hen she 'ot to the office, petitioner )a&e several telephone calls to so)e hospitals to in9uire hether there as an% availa*le openin' for her. her. Not fin&in' fin&in' an%, an%, petition petitioner er a'ain offere offere& & her a 3o* in the fa)il% fa)il% plannin' plannin' research research un&ertain'. un&ertain'. She e5presse& e5presse& hesitation hesitation if a ph%sical ph%sical e5a)ination e5a)ination oul& inclu&e ;hu''in'< ;hu''in'< her *ut petitioner assure& her that he as onl% i&&in' a*out it. Petitioner then invite& her to 'o *olin'. Petitioner tol& her to )eet hi) at =or3a Street so that people oul& not see the) on *oar& the sa)e car to'ether. Soon, at the &esi'nate& place, a hite car &riven *% petitioner stoppe&. She 'ot in. Petitioner hel& her pulse an& tol& her not to *e scare&. scare&. 7fter &roppin' *% at his house to put on his *olin' * olin' attire, petitioner 'ot *ac to the car. :hile &rivin', petitioner casuall% ase& her if she alrea&% too her *ath, an& she sai& she as so in a hurr% that she &i& not fin& ti)e for it. Petitioner Petitioner then in9uire& in9uire& hether she ha& varicose varicose veins, an& she sai& ;no.< Petitioner tol& her to raise her foot an& loer her pants so that he )i'ht confir) it. She felt assure& assure& that it as all part of the the research. Petitioner still still pushe& her pants &on to her nees an& hel& her thi'h. thi'h. e put his han&s insi&e insi&e her pant% until until he reache& her pu*ic hair. Surprise&, she e5clai)e& ;hala ka>< an& instinctivel% pulle& pulle& her pants up. Petitioner then touche& her a*&o)en ith his ri'ht han& sa%in' or&s of en&ear)ent an& lettin' the *ac of his pal) touch her forehea&. e tol& her to raise her shirt to chec hether she ha& no&es or lu)ps. lu)ps. She hesitate& hesitate& for for a hile hile *ut, eventuall% eventuall%,, raise& raise& it up to to her navel. navel. Petitioner Petitioner then then fon&le& her *reast. Shoce& at hat petitioner &i&, she loere& her shirt shirt an& e)*race& her *a' to cover herself, tellin' hi) an'ril% that she as throu'h ith ith the research. e *e''e& her not to
tell an%*o&% a*out hat ha& 3ust happene&. =efore she ali'hte& fro) the car, petitioner ur'e& her to reconsi&er her &ecision to 9uit. e then han&e& over to her P?00.00 for her e5penses. @ssue! :hether or not petitioner is 'uilt% of the cri)e of se5ual harass)ent as &efine& an& punishe& un&er R.7. A(AA. el&!he 9uestione& &ecision of the San&i'an*a%an in -ri)inal -ase No. 2?A++, fin&in' Dr. Rico Jacutin % Salce&o G@8# of the cri)e of Se5ual arass)ent &efine& an& punishe& un&er Repu*lic 7ct No. A(AA, particularl% Sections ? an& A thereof, an& penaliBin' hi) ith i)prison)ent of si5 C6 )onths an& to pa% a fine of ent% housan& CP20,000.00 Pesos, ith su*si&iar% i)prison)ent in case of insolvenc%, is 7@RMED. Rationale! Section ? of Repu*lic 7ct A(AA provi&es! ;SE-. ?. :or, E&ucation or rainin'$relate& Se5ual arass)ent Define&. F :or, e&ucation or trainin'$relate& se5ual harass)ent is co))itte& *% an e)plo%er, e)plo%ee, )ana'er, supervisor, a'ent of the e)plo%er, teacher, instructor, professor, coach, trainor, or an% other person ho, havin' authorit%, influence or )oral ascen&anc% over another in a or or trainin' or e&ucation environ)ent, &e)an&s, re9uests or otherise re9uires an % se5ual favor fro) the other, re'ar&less of hether the &e)an&, re9uest or re9uire)ent for su*)ission is accepte& *% the o*3ect of sai& 7ct. ;Ca
@n a or$relate& or e)plo%)ent environ)ent, se5ual harass)ent is co))itte& hen!
;C1 he se5ual favor is )a&e as a con&ition in the hirin' or in the e)plo%)ent, re$ e)plo%)ent or continue& e)plo%)ent of sai& in&ivi&ual, or in 'rantin' sai& in&ivi&ual favora*le co)pensation, ter)s, con&itions, pro)otions, or privile'es or the refusal to 'rant the se5ual favor results in li)itin', se're'atin' or classif%in' the e)plo%ee hich in an% a% oul& &iscri)inate, &eprive or &i)inish e)plo%)ent opportunities or otherise a&versel% affect sai& e)plo%ee.< :hile the -it% Ma%or ha& the e5clusive prero'ative in appointin' cit% personnel, it shoul& stan& to reason, nevertheless, that a reco))en&ation fro) petitioner in the appoint)ent of personnel in the )unicipal health office coul& carr% 'oo& ei'ht. @n&ee&, petitioner hi)self oul& appear to have conve%e&, *% his or&s an& actions, an i)pression that he coul& facilitate Juliets e)plo%)ent. @n&ee&, petitioner oul& not have *een a*le to tae un&ue li*eralities on the person of Juliet ha& it not *een for his hi'h position in the -it% ealth /ffice of -a'a%an &e /ro -it%. he fin&in's of the San&i'an*a%an ere *olstere& *% the testi)on% of Hivian #u, petitioners secretar% *eteen 1+A+ to 1++4, of @r%n 8a'o Salce&o, Pu*lic ealth Nurse @@, an& of arah Don'allo % 7luino, a cit% health nurse, all of ho) ere sai& to have lieise *een victi)s of perverse *ehavior *% petitioner.