BAGUIO POSD DEPUTY CHIEF CONVICTED IN 3 SAFE SPACES ACT CASES; COURT ACQUITS POSD CHIEF

BAGUIO CITY — A Baguio court has convicted former Public Order and Safety Division (POSD) Deputy Chief Allan Dela Cruz Faustino on three counts of qualified gender-based sexual harassment under the Safe Spaces Act, while acquitting POSD Chief Daryll Kim Toctocan Longid of a separate charge for alleged failure to perform his duties under the same law.

In an 18-page Joint Judgment dated May 25, 2026, Municipal Trial Court in Cities Branch 1 found Faustino guilty beyond reasonable doubt of three incidents involving a female POSD employee identified only as “AAA.” The court ruled that the prosecution successfully proved allegations of body-shaming and sexist remarks, coercive conduct involving forced participation in a drinking session, and unwanted physical contact inside a government office.

According to the decision, the complainant testified that Faustino made derogatory comments about her body, repeatedly pressured her to join a drinking session and “entertain” a group of male colleagues, and later brushed his hand against her buttocks and vaginal area before poking her lower front area. The court said these incidents were corroborated by two prosecution witnesses who independently testified on what they had seen and heard.

“The Court finds the testimony and Affidavit-Complaint of ‘AAA’ credible and worthy of full faith,” the decision stated, rejecting the defense's argument that the incidents were merely “friendly banter.” The court emphasized that prior workplace familiarity does not amount to consent for unwanted sexist remarks or physical contact.

For the first two counts, Faustino was sentenced to six days of arresto menor for each offense and ordered to undergo a Gender Sensitivity Seminar. For the third count involving physical contact, he was sentenced to three months of arresto mayor. The court noted that he may apply for community service under Republic Act No. 11362 in lieu of imprisonment.

The court also ordered Faustino to pay the complainant P70,000 in moral and exemplary damages, plus six percent annual interest from the finality of the judgment until fully paid.

Meanwhile, Longid was acquitted of the charge that he failed to carry out the mandatory duties required of employers and persons in authority under the Safe Spaces Act.

The court ruled that prosecutors failed to prove beyond reasonable doubt that Longid neglected his responsibilities. Records showed that after receiving the complaint, Longid reported the matter to his superiors, conducted an investigation, issued workplace reminders against bullying and inappropriate conduct, and recommended the transfer of the complainant away from the alleged harasser.

“The prosecution's evidence against Longid is legally and factually insufficient to sustain a conviction beyond reasonable doubt,” the court said, adding that the constitutional presumption of innocence must prevail where evidence is lacking.

The judgment stems from consolidated criminal cases filed by a female POSD employee against the two officials over incidents that allegedly occurred in late 2024 at the POSD office in Baguio City.