The Sandiganbayan has denied the motion of former National Economic Development Authority (NEDA) regional director Jose Romeo C. Escandor to render community service instead of serving the six-month imprisonment imposed on him for sexual harassment in 2013.
Despite the denial, however, the anti-graft court still gave Escandor another chance for his plea by filing another pleading that should comply with the requirements specified in rendering community service.
"More specifically, the proposed community service program in the motion indicates that: (1) the proposed program is to be served not at the Barangay where the crime was committed but at the Barangay where the accused-movant resides; (2) the proposed program was not prepared by the Barangay captain or his/her authorized representative of the Barangay where the crime was committed; (3) the accused-movant has not attested that he has not previously availed of the benefits of the Community Service Act; and (4) the proposed program does not include rehabilitative counseling for the accused movant," the court said in a resolution.
But the court said "this denial is without prejudice to the filing of an appropriate application by accused Escandor to render community service which is compliant with the Community Service Act and the Guidelines in the Imposition of Community Service as Penalty in lieu of imprisonment."
Also, the court said that if Escandor's revised pleading is granted, he still has to pay the additional penalty of P20,000 in line with the 2013 decision.
The resolution was written by Presiding Justice Amparo M. Cabotaje-Tang with the concurrence of Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.
In the denied motion, Escandor said that Republic Act No. 11362 or the Community Service Act, which gives courts the discretion to require community service in lieu of service in jail for offenses punishable by arresto menor and arresto mayor (prison term ranging from one day to 30 and from one month and one day to six months, respectively).
He added that he has been in public service since April 19, 1976 until his retirement from NEDA Region IV-B on July 1, 2014. Escandor said he is recognized as a "dedicated, hardworking, and outstanding" public servant throughout all his years of service.
Since he is already 70 years old with diabetes mellitus type 2, asthma with chronic rhinitis, chronic renal insufficiency, and dyslipidemia, Escandor said he is unable to perform manual labor and work outside an office.