The Sandiganbayan Sixth Division has denied the motion of a former Philippine Army official to dismiss the charges filed against him for allegedly asking sexual favors on three occasions from two of his female subordinates in 2013.
The anti-graft court found enough basis to try former Army Procurement Center Commanding Officer Colonel Jessie Mario Dosado for three counts of violation of the Anti-Sexual Harassment Act.
In his motion, Dosado said the anti-graft has no jurisdiction over his case due to his Salary Grade 26 rank of Full Colonel. But the prosecution said Dosado's rank is covered by Presidential Decree 1606 which created the Sandiganbayan, and as amended by the Republic Act. 10660, or the Act Strengthening Further the Functional and Structural Organization of the Sandiganbayan.
The Sandiganbayan ruled in favor of the prosecution. It added that the alleged sexual acts were connected to his office since the victims were his subordinates.
"In other words, the official position held by the accused made it possible for him to have allegedly committed the crimes charged. Thus, it can be said that the crimes charged are intimately connected to his office," the resolution read.
Dosado, who served as commanding officer of the Philippine Army Procurement Center, was charged by the Office of the Ombudsman with two separate counts of violation of Republic Act 7877 or the Anti-Sexual Harassment Act of 1997 based on the complaints filed by his secretary, and another lady subordinate.
Based on the information, in one incident on May 16, 2013, Dosado was accused of using his position to allegedly ask sexual favors from a female subordinate, “Jane” [not her real name] at the PAPC, in Fort Bonifacio, Taguig City. Dosado allegedly asked “Jane” to watch him while having sex with another woman, even as he also allegedly asked the former to join them in an orgy.
“By ordering her to watch him, as she did in fact, watch him having sexual intercourse and performing other sexual acts with one Miss Glacy, and asking her to join them in an orgy, which sexual favors and advances resulted in a hostile or offensive working environment for the victim,” the information stated.
“The accused, committing the crime in relation to office, taking advantage of his official position, did then and there, willfully, unlawfully, and criminally demand, solicit or request sexual favors from [the victim],” the information added.
In another instance on Oct. 22, 2013, “Marie,” (not her real name), Dosado’s secretary, complained that a naked Dosado allegedly asked her to wipe his back which was wet with sweat, and “thereafter, told her to give him a bath.”
Similarly, Marie also complained that Dosado uttered sexually offensive words to her on Oct. 25, 2013.
