MANILA— The Sandiganbayan has junked the motion of a former Philippine Army officer to dismiss the case filed against him for allegedly asking sexual favors on three occasions from two of his female subordinates in 2013.
In a resolution promulgated on January 18, the Sandiganbayan Sixth Division said there is a basis to try former Army Procurement Center Commanding Officer Col. Jessie Mario Dosado for three counts of violation of the Anti-Sexual Harassment Act.
Prosecutors of the Office of the Ombudsman related that on May 16, 2013, Dosado ordered a female master sergeant to watch him have a sexual intercourse and perform other sexual acts with a certain Miss Glacy.
Dosado then allegedly asked the female officer to join them in an orgy.
On two separate instances on Oct. 22 and 25, 2013, the Army officer allegedly called his secretary to ask for sexual favors again.
In his motion to dismiss, Dosado argued that the government suffered no damages from his acts and the case does not fall under the jurisdiction of the Sandiganbayan due to his Salary Grade 26 (SG-26) rank of full Colonel.
He added the case information failed to allege the intimate relationship or connection to his sexual harassment charges as an Army officer.
The Ombudsman argued that Dosado’s rank falls within Presidential Decree No. 1606, which created the Sandiganbayan, and as amended by Republic Act. 10660, or the “Act Strengthening Further the Functional and Structural Organization of the Sandiganbayan.”
The Sandiganbayan decided in favor of the Ombudsman, saying the anti-graft court has jurisdiction over Dosado’s case “regardless of his salary grade.”
It added the alleged sexual acts were connected to his office, since the victims were under his immediate supervision.
“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 Sandiganbayan resolution said.
The Armed Forces of the Philippines dropped Dosado from the service in 2016 over other cases against him.