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    Esteban v. Sandiganbayan, G.R. Nos. 146646-49, March 11, 2005

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    Mac Jan Emil De Oca
    The Sandiganbayan has jurisdiction over criminal cases involving acts of lasciviousness filed against a judge. The alleged acts were deemed intimately connected to the judge's office based on allegations that he demanded a kiss from an employee as a condition for her job application.

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    Esteban v. Sandiganbayan, G.R. Nos. 146646-49, March 11, 2005

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    Mac Jan Emil De Oca
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    The Sandiganbayan has jurisdiction over criminal cases involving acts of lasciviousness filed against a judge. The alleged acts were deemed intimately connected to the judge's office based on allegations that he demanded a kiss from an employee as a condition for her job application.

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    © © All Rights Reserved

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    The Sandiganbayan has jurisdiction over criminal cases involving acts of lasciviousness filed against a judge. The alleged acts were deemed intimately connected to the judge's office based on allegations that he demanded a kiss from an employee as a condition for her job application.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    36 views1 page

    Esteban v. Sandiganbayan, G.R. Nos. 146646-49, March 11, 2005

    Uploaded by

    Mac Jan Emil De Oca
    The Sandiganbayan has jurisdiction over criminal cases involving acts of lasciviousness filed against a judge. The alleged acts were deemed intimately connected to the judge's office based on allegations that he demanded a kiss from an employee as a condition for her job application.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Esteban v. Sandiganbayan, G.R. Nos.

    146646-49, March 11, 2005


    Sandoval-Gutierrez, J.

    Facts:
    This case involves a petition for certiorari under Rule 65 challenging
    Sandiganbayan’s decisions dated December 18, 2000, and January 11, 2001,
    in Criminal Cases Nos. 24703-04. The petition arises from a complaint filed
    by Ana May V. Simbajon against Judge Rogelio M. Esteban, accusing him of
    acts of lasciviousness. According to Simbajon, she was a casual employee at
    the City Government of Cabanatuan City and was subjected to unwelcome
    advances by Judge Esteban, who allegedly demanded her presence in his
    office for a kiss as a condition for her job application. Despite her rejection,
    Esteban allegedly kissed her without consent. An Information were filed
    against Judge Esteban for acts of lasciviousness and violation of the Anti-
    Sexual Harassment Law.

    The Sandiganbayan initially denied Esteban's motion to quash the


    Information, stating that the acts were committed in relation to his office.
    Esteban sought reconsideration, but the Sandiganbayan maintained its
    decision. The certiorari petition challenges Sandiganbayan’s jurisdiction over
    the crimes charged. The petitioner argues that the alleged acts were not
    committed in connection with his role as a judge, and being a public official
    is not an essential element of the charged crimes. Conversely, the
    Ombudsman, represented by the Office of the Special Prosecutor, asserts that
    the Amended Informations suggest a close link between the petitioner's
    official functions as a judge and the commission of acts of lasciviousness.

    Issue:
    Whether or not the Sandiganbayan holds jurisdiction over Criminal
    Cases Nos. 24703-04, involving acts of lasciviousness filed against the
    petitioner.

    Ruling:
    Yes. Sandiganbayan has jurisdiction over the case involving acts of
    lasciviousness filed against the petitioner. Section 4 of Presidential Decree
    No. 1606, as amended by Republic Act No. 8249, grants the Sandiganbayan
    exclusive jurisdiction over offenses committed by public officials in relation
    to their office. In People v. Montejo, the court ruled that an offense is
    considered committed in relation to the office if it is "intimately connected"
    with the offender's office and perpetrated during the performance of official
    duties, emphasizing the need for specific factual averments in the Information.
    Supreme Court Circular No. 7 dated April 27, 1987, highlights the petitioner's
    authority as the presiding judge to recommend appointments, setting the
    backdrop for the alleged imposition of a condition on Ana May Simbajon's
    appointment. Despite the petitioner's argument that public office is not an
    element of acts of lasciviousness, the court deems the crimes as intimately
    connected with his office, as evidenced by the allegations in the Amended
    Information. Consequently, the court dismisses the petition, affirming
    Sandiganbayan’s Resolution and Order dated December 18, 2000, and
    January 11, 2001, in Criminal Cases Nos. 24703-04, imposing costs against
    the petitioner.

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