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Ex-Army colonel found guilty of sexual harassment

Published Sep 17, 2020 02:28 pm

The Sandiganbayan has convicted former Army Colonel Jessie Mario Borja Dosado of three counts of sexual harassment and has sentenced him to a total of one year imprisonment as well as pay a fine of P60,000.

(MANILA BULLETIN FILE PHOTO)

Dosado was also ordered to indemnify each of his victims with P5,000 by way of moral damages.

Dosado was found guilty of violating three counts of Section 3 of R.A. 7877 or the Anti-Sexual Harassment Act and was sentenced to four months imprisonment for each of the charges for taking advantage of his position and inducing two women to perform or engage in sexual acts against their will in three separate occasions.

The first one took place on May 16, 2013 in Fort Bonifacio, Taguig City, when he demanded that a subordinate employee, female Master Sergeant Dynne G. Bersonda, who was assigned on a Detailed Service at the Philippine Army Procurement Center (PAPC), to watch him having sexual intercourse with a woman named "Miss Glacy."

He even asked her to join them in a threesome, and as a result, created "a hostile or offensive working environment" for Bersonda.

On October 22, 2013, Dosado solicited a sexual favor from a different subordinate employee - his secretary, Sergeant Florizel Suico. Dosado asked her to wipe his back while he was naked, and told her to give him a bath.

Then on October 25, 2013, Dosado once again put his secretary in a compromising situation when he instructed her to apply lotion on his private part. He asked her lewd questions about how she felt while applying the lotion, and even told her to compare the size of his private part with that of her husband's.

During the trial, Dosado denied the accusations of Suico and said that he did not undress in front of her, nor did he make malicious insinuations or jokes in her presence. Dosado added that Suico even went to dinner with him and other army officials after the alleged incident.

He also said that Suico may have filed the complaint against him because she was "used" by some officials who wanted his position.

Dosado likewise denied the accusations of Bersonda, arguing that her narration was "implausible." He said her allegations were so vivid and precisely detailed even after six months after the alleged incident.

He claimed that he would never do a sexual act in his office, and he will not degrade his position by performing sexual activities in front of his staff.

But in its ruling, the anti-graft court said Dosado failed to support his denial with strong evidence of non-culpability. And contrary to what Dosado said, the court found Bersonda's narration "plausible."

"Although Bersonda admitted that she merely saw what was happening through side glances, she still could have seen, or at the very least, could have had an impression - whether accurate or not - of what was happening because she heard the accused and Glacy's utterances, and also because Bersonda was sitting at one end of the same bed and only inches away from the accused and Glacy - practically next to them," the decision read.

Dosado presented Glacy - or rather, Glecy Ambrad, an umbrella girl at the Philippine Navy Golf and Country Club - to deny the accusations made by Bersonda.

Glacy testified she has only been to Dosado's office once. She served as his umbrella girl when he played golf, but Dosado could not pay her because he left his wallet in the office. She was then left at the cafeteria and was driven back to the golf course by the accused's driver after she was paid.

But the court had reason to doubt her testimony and even believes she was "coached" on her testimony.

The anti-graft court also did not buy into Dosado's argument that Suico was only being used by officers jealous of his position to make false claims.

"When asked if he had a guess, or if he knew who these officers were, he became evasive. Considering that at the time he testified, he had already been dismissed from the service, and that disclosing the names of said officers may lead to his exoneration if it is proved that the charges against him were fabricated, there was no reason for him not to make such disclosure," the court said.

At the same time, the court said there is no evidence that would show that Bersonda and Suico had any reason for fabricating charges against Dosado, or any ulterior motive for filing the complaints.

The 62-page decision was written by Sixth Division Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Kevin Narce Vivero.

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