Ex-Pasay official gets 15 days for unjust vexation

The Sandiganbayan has sentenced a former department head of the Pasay City Disaster Risk Reduction and Management Office with 15 days of imprisonment for unjust vexation.

In a 22-page decision promulgated on September 23, the anti-graft court found Ramon Montalban guilty of the lesser felony of unjust vexation under Article 287 of the Revised Penal Code. The Court acquitted him of the offense of sexual harassment for failure of the prosecution to prove his guilt beyond reasonable doubt.

"While lascivious intent was not established beyond moral certainty in this case, accused's act can still be considered molestation... which remains a criminal offense that cannot be countenanced by this Court, especially considering the exacting standard of decorum required from public officials," it said.

The Court said the testimony of the complainant, a subordinate of Montalban, is sufficient to establish that she suffered mental distress.

In April 2015, the complainant said she was checking out clothes being sold along the corridor of their office when Montalban grabbed her buttocks with both his hands. She said she stayed away from Montalban by being deployed to other areas.

She said they later found she was being targeted on social media, particularly Facebook.

Montalban denied this and said their relationship went sour when the complainant was not allowed to attend a seminar.

However, the Court said the complainant's testimony was corroborated by the vendor. It said there was no reason for the vendor to be involved and risk not being allowed to sell her wares unless she was recounting what she actually witnessed.

"While there were variations between (the complainant) and (vendor’s) testimonies, they were only as to accused Montalban's remark rather than the actual act of grabbing (the complainant’s) buttocks itself," the Court said.

"On the other hand, accused's witnesses did not categorically deny that he grabbed (the complainant’s) buttocks—only that this was either impossible since there were a lot of people at that time, or that they did not see it happen," it added.

The Court, however, said that it is convinced that the evidence does not show that Montalban's act of grabbing her buttocks "resulted in a hostile or offensive working environment."

"In fact, the bulk of said evidence bears no direct causality with the 'sexual' act complained of. Rather, what appear to be the causes of (the complainant’s) perceived hostility towards her are accused Montalban's act of preventing her from attending the August 2015 seminar and the alleged bullying," it said.

The Court said her claims remain unsubstantiated as the prosecution failed to present her daily time record or any document to prove her deployment with rescue groups, her relief from duties, her application for sick leaves, or any witness to corroborate her claims.

Further, it said the prosecution failed to prove the authenticity of the Facebook posts and that they were made by Montalban against (the complainant) nor that they were related to the incident.

However, it said that this does not render Montalban's act irrelevant.

GMA News Online has reached out to Montalban for comment but has yet to receive a reply as of posting time.—AOL, GMA News