MANILA, Philippines–The Court of Appeals has given the Department of Foreign Affairs’ Committee on Decorum and Investigation (DFA-CODI) the green light to proceed in hearing the administrative complaint for sexual harassment filed against former Philippine Ambassador to Kuwait Shulan Primavera.
In a six-page decision, the appeals court Special Fifth Division through Associate Justice Socorro Inting junked Primavera’s appeal which sought the reversal of CODI’s June 22 and July 29, 2013 resolution. Primavera wanted the court to set aside the sworn affidavit of complaint submitted by his alleged victim Nerissa Lanza, an overseas Filipino worker (OFW) in Kuwait.
Primavera said Lanza’s complaint should be dismissed due to the failure of the notary public to submit his notarial report to the notarial section of the Regional Trial Court of Pasay City.
He added that the proceedings by the CODI is also tainted with grave abuse of discretion.
But the appeals court, in its ruling, said CODI chaired by Irene Susan Natividad was correct in denying Primavera’s motion based on the Supreme Court’s ruling in Destreza v. Plazon where it held that the “notarized deed of sale should be admitted as evidence despite the failure of the notary public in submitting his notarial report to the notarial section of the RTC of Manila.”
“Hence, private respondent’s sinumpaang reklamo (sworn statement) remains valid and admissible. Consequently, it cannot be expunged from the records of the administrative case,” the appeals court said.
The appeals court added that there was no grave abuse of discretion when CODI proceeded with the complaint despite absence of a sworn complaint because there is already a formal charge issued by the Secretary of the Department of Foreign Affairs (DFA).
Thus, the appeals court said, even if the sworn statement is invalid or inadmissible the formal charge still stands on its own and proper investigations may proceed based on the charge.
‘Given all the foregoing, we find no basis to rule that the CODI acted with grave abuse of discretion amounting to lack or excess of jurisdiction when it issued the assailed resolutions,” the appeals court stressed.
Concurring with the ruling were Associate Justices Priscilla Baltazar-Padilla and Rodil Zalameda.
Lanza was a domestic helper who ran away from her employer in Kuwait and sought shelter at the Filipino Worker Resource Center in 2011.
Primavera, who offers temporary jobs to wards from the center, hired Lanza as household help and cook during his stint as ambassador.
On October 22, 2013, Lanza was among the wards who were repatriated to the country.
On December 6, 2013 she executed an affidavit charging Primavera with sexual harassment which she said happened at the latter’s residence in three separate instances.
Based on the complaint filed by Lanza and the documents submitted to the CODI as well as deliberations and investigations conducted, a formal charge against the official for sexual harassment was issued by DFA Secretary Alberto del Rosario.