Batocabe Law

Jose Romeo Escandor was the Regional Director of the National Economic and Development Authority (NEDA) Region VII in Cebu City. Cindy Sheila Gamallo worked in the same office as a contractual employee. According to Gamallo, what began as ordinary workplace interactions eventually turned into something far more troubling.

One afternoon, Escandor called her into his office. After apologizing for an earlier outburst, he allegedly grabbed her hand, embraced her, and kissed her on the forehead. In another meeting, he told her that he had long been attracted to her, that she was beautiful and intelligent, and that if it had been possible, he would have prevented her from marrying her husband. He later declared that he loved her and touched her thigh.

The incidents did not stop there. According to Gamallo, Escandor frequently summoned her to his office and sent messages through the agency’s internal messaging system. The messages included statements such as:

“I miss you.”

“You look beautiful.”

“I love you more every day.”

He also gave her gifts, asked her out on dates, and, during a Christmas party, allegedly grabbed and kissed her.

Gamallo said the conduct caused her severe discomfort. Coworkers began accompanying her whenever she had to meet Escandor so that she would not be alone with him. She eventually reported the matter to her superiors and later left her employment.

Escandor denied the accusations. According to him, the allegations were fabricated as part of an effort by disgruntled employees to remove him from office. He argued that his office was visible to other employees and that the complaint was filed years after the alleged incidents, making it unworthy of belief. Was Escandor guilty of sexual harassment?

Yes. The Court explained that sexual harassment under Republic Act No. 7877 occurs when a person who possesses authority, influence, or moral ascendancy over another in a work environment makes unwelcome sexual advances that result in an intimidating, hostile, or offensive environment.

Escandor clearly occupied a position of authority. He was the Regional Director. Gamallo was his subordinate.

The Court further emphasized that a demand for sexual favors need not be stated in explicit words. A superior’s intentions may be inferred from conduct. Thus, acts such as grabbing a subordinate’s hand, embracing her, kissing her, touching her thigh, sending romantic messages, giving gifts, and repeatedly expressing romantic interest may collectively amount to sexual harassment.

The Court rejected the argument that the complaint was filed too late. Victims of sexual harassment do not all react the same way. Some report immediately. Others remain silent for months or even years due to fear, embarrassment, economic necessity, or concern about the consequences of speaking out. The law does not require instant reporting before a victim may be believed.

The Court also stressed a broader principle. Sexual harassment in the workplace is not merely about sexual desire. t is fundamentally about power. The danger arises when a superior uses authority, influence, or moral ascendancy to impose unwelcome advances upon a subordinate who may feel unable to resist or complain without jeopardizing her employment.

For these reasons, the Supreme Court affirmed Escandor’s conviction for sexual harassment.

Escandor v. People. G.R. No. 211962, July 06, 2020.