A FORMER municipal trial court judge of Cabanatuan City convicted by the First Division of the Sandiganbayan on two counts each of sexual harassment and acts of lasciviousness last April 15 is asking the graft court not to put him behind bars to serve his five-year sentence.

Accused Rogelio M. Esteban, in a motion dated April 28, applied for probation under Presidential Decree No. 968, citing the fact that his jail term is lower than the six-year threshold and he has no previous conviction for any crime.

Defense lawyer Daniel T. Salomon said his client is willing to abide by all the conditions that the Sandiganbayan will impose. He said Esteban is now 72 years old and it would be in the spirit of the probation law that seeks to promote the rehabilitation of offenders to grant his motion and "provide him an opportunity for reformation which might be less probable if he were to serve a prison sentence."

The graft court found Esteban guilty beyond reasonable doubt of forcibly kissing and groping a female employe. The complainant said the judge tried to get her to agree to become his girlfriend in exchange for signing her appointment as bookbinder of court records.

Aside from jail time, Esteban was ordered to pay the victim P100,000 in moral damages.