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Alcantara was accused of molesting a student, De Vera, during a school science camp. De Vera positively identified Alcantara as the molester, while Alcantara only denied the accusation. Another witness, Dela Cruz, corroborated De Vera's testimony. The Commission found De Vera's testimony outweighed Alcantara's denial. Additionally, sexual harassment does not require moral ascendancy over the victim and can occur outside school grounds if related to an educational function, such as the science camp.
Alcantara was accused of molesting a student, De Vera, during a school science camp. De Vera positively identified Alcantara as the molester, while Alcantara only denied the accusation. Another witness, Dela Cruz, corroborated De Vera's testimony. The Commission found De Vera's testimony outweighed Alcantara's denial. Additionally, sexual harassment does not require moral ascendancy over the victim and can occur outside school grounds if related to an educational function, such as the science camp.
Alcantara was accused of molesting a student, De Vera, during a school science camp. De Vera positively identified Alcantara as the molester, while Alcantara only denied the accusation. Another witness, Dela Cruz, corroborated De Vera's testimony. The Commission found De Vera's testimony outweighed Alcantara's denial. Additionally, sexual harassment does not require moral ascendancy over the victim and can occur outside school grounds if related to an educational function, such as the science camp.
In the instant case, the Commission noted that complainant De Vera
categorically and positively identified Alcantara as the one who molested
him. This, in itself is a strong evidence against Alcantara, as against the latters bare denial. The affirmative testimony of the complainant De Vera that Alcantara molested hum must be deemed to outweigh that which is merely a negative testimony of Alcantara. (People vs. Clores, 184 SCRA 638) Besides, a mere denial of Alcantara on the complaint against him is only self- serving. Xxx Moreover, it is of record that the prosecution witness Aldrin dela Cruz, schoolmate of De Vera, corroborated the testimony of De Vera as to the molestation committed by Alcantara against the latter. x x x
It must be emphasized that in the administrative offense of sexual
harassment, it is not a requirement that the offender must have moral ascendancy in order to be liable for said offense. As long as a government employee committed an act, or a series of acts, involving any unwelcome sexual advance, request or demand for a sexual favor, or other verbal or physical behavior of sexual harassment. Thus, whether Alcantara exercises moral ascendancy over De Vera or not would not take Alcantara out of the coverage of the administrative disciplinary rules on sexual harassment.
Also, it is not necessary that the act of sexual harassment be
committed within the confines of the school premises. Under the rules, the administrative offense of sexual harassment may be committed in any place where the parties were found as a result of educational relations or functions. The fact that the sexual harassment act was committed during the schools science camp activity, it is undeniable that the sexual harassment was committed in a function which is related to an educational institution, even if the science camp was done in Antipolo, which is outside of the school compound. X x x (Alcantara, Joseph dela Torre, CSC Resolution No. 08-0610 dated April 10, 2008)