Court denies former NEDA-7 exec’s bid to shorten penalty

CEBU, Philippines — The Sandiganbayan has denied the bid of former National Economic and Development Authority (NEDA) regional director Jose Romeo Escandor to shorten by 30 days his court-mandated community service in connection with his conviction of sexual harassment in 2013.

“To reduce the term of his community service, in accordance with the reasoning propounded by the accused-movant, would be contrary to the letter and spirit of Republic Act No. 11362 (Community Service Act of 2019) which aims to rehabilitate the offender, the victim, and the community through the performance of socially valuable work,” the court's Third Division said in its resolution promulgated on October 14.

The Third Division, in its order dated April 3, 2024, had granted Escandor's motion to render community service instead of serving his sentenc of six-month imprisonment in connection with his conviction of sexual harassment in 2013.

In its April 3 order, the Third Division said Escandor must render actual community service for a period of four months.

In his motion, Escandor said that to comply with the order, he reported to the Barangay Hall of Lahug, Cebu City on June 3, 2024, the first working day of the month, but the barangay secretary told him that they have yet to receive the court order, thus he cannot yet start his community service.

Escandor said that on June 10, 2024, he again reported to the Barangay Hall but he was told anew by the barangay secretary that they have not yet received a copy of the Sandiganbayan order.

Escandor said it was only on July 1,2024, that the Barangay chairperson of Lahug instructed him to start his community service.

In his motion, Escandor argued that under the Third Division's April 3, 2024 Order, the implementation of his community service program should be from June 1, 2024 to October 1, 2024.

Escandor said that when Barangay Lahug failed to implement his community service program on June 1, 2024, “there was a delay in the implementation of his community service which was not attributable to him.”

Thus, Escandor said the period of delay from June 1 to June 30, 2024, must be deemed “as days already served” by him.

The Third Division, however, said Escandor's argument was misplaced and lacked merit, as it did not specify the dates for rendering the actual community service apart from the directive that the service period should be four months.

In a decision promulgated on October 17, 2013, the Third Division has found Escandor, the former director of NEDA Region VII, guilty of sexual harassment as defined under Republic Act 7877 or the Anti-Sexual Harassment Act. He was sentenced to six months of imprisonment and a fine of P20,000.

The case stemmed from a complaint filed by Escandor's subordinate, a female contractual employee of NEDA Region VII over his supposed series of unwelcome verbal and physical sexual advances. — (FREEMAN)