G.R. No. 234624 , February 26, 2020
PRESIDENTIAL BROADCAST STAFF-RADIO TELEVISION MALACAÑANG (PBS-RTVM), PETITIONER, VS. VERGEL P. TABASA, RESPONDENT.

FACTS

On June 18, 2013, Sharmila Kaye Angco, a contractual employee of petitioner Presidential Broadcast Staff-Radio TV Malacañang (PBS-RTVM), filed an administrative complaint against respondent Vergel P. Tabasa, a close-in cameraman of PBS-RTVM, for sexual harassment or grave misconduct. Angco alleged that on December 28, 2012, while she was watching television in the office, Tabasa sat beside her, cornered her, and tickled her right knee despite her protests. When she freed herself, she hit her left elbow on a cabinet. She later cried in the office toilet. When she returned, Tabasa approached her and, instead of apologizing, taunted her by saying, “Oh, umiyak ka daw.” A Fact-Finding Committee was created to investigate. Tabasa admitted touching Angco’s knee but claimed it was a joke done without malice while they were in a group laughing. He also argued the act was not work-related. On May 20, 2014, the Committee found Tabasa guilty of simple misconduct. Since this was his second offense (a prior administrative case found him liable for simple misconduct for a verbal altercation with another officemate on September 5, 2013), the Committee imposed the penalty of dismissal from service. This was approved by Assistant Secretary Virgilio P. Nadal, Jr. and affirmed by PCOO Secretary Herminio Coloma, Jr. Tabasa appealed to the Civil Service Commission (CSC), which initially remanded the case for formal investigation. After formal investigation, the Hearing Officer again found Tabasa guilty of simple misconduct and recommended dismissal. The CSC, in its Decision dated March 17, 2016, dismissed Tabasa’s appeal and affirmed the penalty of dismissal. Tabasa elevated the case to the Court of Appeals (CA). The CA, in its Decision dated March 30, 2017, affirmed the finding of guilt for simple misconduct but reduced the penalty from dismissal to suspension for six months without salary, other benefits, and backwages, citing the triviality of the offense, that it was not beyond rectification, and Tabasa’s length of service (since 1987). PBS-RTVM, through the Office of the Solicitor General, filed the present petition, arguing the CA erred in reducing the penalty.

ISSUE

Whether the Court of Appeals committed a grave error in reducing the penalty imposed on respondent from dismissal from service to a mere suspension of six months, considering it was already his second offense of simple misconduct.

RULING

The Supreme Court GRANTED the petition. It REVERSED and SET ASIDE the Decision of the Court of Appeals and REINSTATED the Decision of the Civil Service Commission dismissing respondent Vergel P. Tabasa from the service with all its accessory penalties.
The Court held that the Revised Rules on Administrative Cases in the Civil Service (RRACCS) clearly and categorically prescribe the penalty of dismissal for a second commission of a less grave offense, such as simple misconduct. The law does not grant discretion to impose a lesser penalty for a second offense. The Court found no “special reasons” to justify mitigation. Tabasa’s act of tickling a female subordinate’s knee without consent and then taunting her instead of apologizing demonstrated insensitivity and a lack of respect, which is unbecoming of a public servant. His length of service, instead of being a mitigating factor, should be considered an aggravating circumstance because his seniority appeared to have emboldened him to commit the act against a new employee. The Court emphasized that public office is a public trust, and every public servant must uphold the highest standards of conduct at all times, whether during or outside office hours. The act, committed within office premises, eroded public confidence in the government. Therefore, the penalty of dismissal, as mandated by the RRACCS for a second less grave offense, was proper and should be imposed.