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This is based on Republic Act 7877, otherwise known as the Anti-Sexual Harassment Act of 1995.
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Now, what is sexual harassment in a work-related education or training environment?
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93 of RA 7877 defines sexual harassment as an act committed by an employer, employee, manager, supervisor, agent of the employer or any other person who,
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having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other.
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regardless of whether the demand, request, or requirement for submission is accepted by the object of said act.
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These are the elements of sexual harassment in a work-related training or education environment.
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First element, that the offender is an employer or he may be an employee, manager, supervisor, agent of the employer, or any other person.
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Second element, such offender has authority, influence, or moral ascendancy over another in a work or training or education environment.
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And third, the offender demands, requests, or otherwise requires any sexual favor from the other regardless of whether such demand, request, or requirement for submission is accepted by the object of said act.
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Let's go back to the first element, that the offender is an employer, employee, manager, supervisor, agent of the employer, or any other person.
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Practically anybody, male or female, can be an offender in this crime of sexual harassment, provided the second and third elements will likewise exist.
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Take note that the victim and the perpetrator can be any gender, and the perpetrator does not have to be always an opposite sex.
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Meaning to say, the offender can be a male and the victim can be a female.
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Or it's the opposite.
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Or it's the opposite.
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Or it's the opposite.
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Or it can be the other way around.
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The victim can be a male and the offender can be a female.
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Or it could be, the offender is a male and the victim is also a male.
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And the offender is a female and the victim can also be a female.
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Provided, as I said, that the second and third elements will likewise exist, which we will discuss in this second portion of the slide.
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And what is that second element?
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That's such an offender.
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That's such an offender, who may be a male or a female, or practically anyone, has authority, influence, or moral ascendancy over his victim, or his or her victim, in what kind of environment?
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In a work, training, or education environment.
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Now, when you say authority, or when you say that the offender has authority, the offender here must have the power to do so.
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He must have the power or the right to give orders, or make decisions, and enforce obedience.
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He must be, or he or she must be a person having power or control in a particular, typically a political or administrative sphere.
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Or like what I mentioned, he must have the power or control in a work, training, or education environment.
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For example, a manager of a company has the power or right to give orders to his subordinates.
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Which means that such manager has the authority over his or her subordinate.
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And when you say influence, the offender has the capacity to have an influence.
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The offender must have the capacity to affect or change how his or her victim develops, behaves, or thinks.
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This is very important in the crime of sexual harassment because, as I will discuss later in the third element,
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the offender will either request, demand, or solicit sexual harassment.
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Or he or she will ask for favors from his or her victim.
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Now, when you say moral ascendancy, this term is commonly used as a synonym for moral high ground.
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But in law, it can refer to a position of authority that can be abused, usually in cases of sexual coercion,
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which is, in this particular case, the crime of sexual harassment.
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When you say in a work, or training, or education environment,
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this means that the sexual harassment may take place in the premises of the workplace, or office, or of the school, or training institution.
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It may also take place in any place where the parties are found as a result of work, or education, or training responsibilities or relations.
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it may take place at,
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work, or education, or training-related social functions.
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It may also take place while on official business, outside the office, or school, or training institution,
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or during work, or school, or training-related travel.
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So, this means that the sexual harassment doesn't have to always take place inside the premises of the workplace, for example.
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sexual harassment may even take place while the offender is communicating with his or her would-be victim during a telephone call or when the offender sends electronic mail, or when the offender communicates with his or her victim through the forms of social media communication.
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Let's go to the third element.
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That the offender demands,
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or otherwise requires any sexual favor from the offender,
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regardless of whether such demand, request, or requirement for submission is accepted by the object of said act.
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Should the demand, request, or requirement be explicit?
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The answer is no.
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Demand of sexual favor need not be explicit or expressly stated.
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While it is true that RA 7877 calls for,
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a demand, request, or requirement of a sexual favor,
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it is not necessary that such demand, request, or requirement be articulated in a categorical, oral, or written manner.
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It may be discerned with equal certitude from the acts of the offender as long as the act results in an intimidating, hostile, or offensive environment for the offended party.
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constantly holds the waist of the latter every time he passes by her work area.
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Y could not do anything to stop her manager from his sexual advances because precisely,
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he is her manager.
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And she is afraid that X might get angry if she tries to stop him from touching or holding her every time.
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X, a senior high teacher of Y in one of Y's subjects,
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will not give Y a passing grade unless the latter agrees to have a date with him at Jollibee.
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Now, in this example,
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while X was merely asking for a date,
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and it may even be said that there was no demand or request for a sexual favor from Y,
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but it can be interpreted as a request or demand of a sexual favor
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because X here is using his power as a teacher
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to coerce Y into giving in to his demand for a date.
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X will not give Y a passing grade unless the latter agrees to have a date with him at Jollibee.
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X will not give Y a passing grade unless the latter agrees to have a date with him at Jollibee.
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Why a passing grade unless Y agrees to have a date with him?
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This is a classic example of
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sexual harassment in an education environment,
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which is precisely the evil sought to be avoided
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by the enactment of Republic Act 78-77.
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When is sexual harassment committed in an employment or work-related environment?
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In a work-related or employment environment,
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sexual harassment is committed when
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1. The sexual favor is made as a condition in the hiring or in the employment,
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re-employment, or continued employment of said individual,
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or in granting said individual favorable compensation,
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terms of conditions, promotions, or privileges,
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or the refusal to grant the sexual favor,
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results in limiting, segregating, or classifying the employee
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which in any way would discriminate, deprive,
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or diminish employment opportunities
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or otherwise adversely affect said employee.
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2. The above acts would impair the employee's rights or privileges
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under existing labor laws or
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3. The above acts would result in an intimidation,
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hostile, or offensive environment for the employee.
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Let me give you some examples.
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Example number 1.
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X, an employee of Y's company, is slated or due for promotion.
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Y, however, told X he would not promote her unless she gives in to his sexual advances.
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Y did not promote her.
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This is plain and simple sexual harassment because her refusal to grant the sexual favor
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resulted in depriving her of her employment opportunity.
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X, an employee of Y's company, is due for promotion.
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Y, however, told X he would not promote her unless she gives in to his sexual advances.
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Since X is a employee of Y's company, he would not promote her unless she gives in to his sexual advances.
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Since X sorely needed the promotion, she gave in to Y's demand and they had sex.
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However, Y wanted more.
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X, fearing that she would lose her job if she refused, gave in for the second time to Y's demand.
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Here, even if the demand of sexual favor did not result in the impairment of her employment opportunities as in fact she was promoted,
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it clearly resulted in an intimidating, hostile, or offensive environment for X.
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Now, when is sexual harassment committed in an education or training environment?
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In an education or training environment, sexual harassment is committed
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number one, against one who is under the care
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custody or supervision of the offender.
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Like a coach having
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supervision over his players.
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Sexual harassment is also committed against one whose education,
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apprenticeship, or tutorship
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is entrusted to the offender.
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trust and confidence of his students.
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Number three, sexual harassment is committed when the sexual favor is made a condition to the giving of a passing grade
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or the granting of honors and scholarships or the payment of a stipend, allowance or other benefits, privileges or consideration.
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Or number four, when the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
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Question, can a person who does not have authority, influence or moral ascendancy over another in a work or training or education environment
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still be held liable under R.A.
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Or can a person who did not directly demand, request or otherwise require any sexual favor still be held liable under the said law?
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The answer is yes.
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Any person who directs or induces another to commit any act of sexual harassment or who cooperates in the commission thereof by another
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without which it would not have...
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have been committed shall also be held liable under this act.
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So, this is, by analogy, an example of a principal by inducement who is equally liable with the principal by direct participation.
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And this is also akin to what we call in criminal law, particularly in the revised penal code,
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to a principal...
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to a principal by indispensable cooperation.
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Because his cooperation is so essential that the crime would not have been committed without his cooperation or assistance.
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What are the forms of sexual harassment?
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The first form is the so-called physical sexual harassment.
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Physical sexual harassment includes unwelcome...
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unwanted physical contact including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing and fondling and forced sexual intercourse or assault.
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But I would venture to add that if there is forced sexual intercourse, it will not only result in sexual harassment but the offender should also be held liable for rape.
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Because this is already forced sexual intercourse.
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The other form of sexual harassment is the so-called verbal sexual harassment.
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This includes innuendos, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks and threats, or requests for any type of sexual favor.
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This includes repeated unwelcome requests for dates.
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Commenting about anything sexual to someone who has made it clear that he or she does not appreciate that behavior or asking personal sexual questions.
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The third form of sexual harassment is the so-called non-verbal sexual harassment.
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This includes the distribution, display or discussion of any written or graphic material including calendars, posters and cartoons.
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This includes the distribution, display or discussion of any written or graphic material including calendars, posters and cartoons.
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This includes the distribution, display or discussion of any written or graphic material including calendars, posters and cartoons.
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Or show hostility toward an individual or group because of sex.
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Giving favors like giving more attention, dropping cases, admission and readmission in exchange for sexual favors.
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Suggestive or insulting sounds, leering, staring, whistling, obscene gestures, content in letters and notes, facsimiles, emails, photos, text messages, tweets, and email.
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Suggestive or insulting sounds, leering, staring, whistling, obscene gestures, content in letters and notes, facsimiles, emails, photos, text messages, tweets, and email.
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Suggestive or insulting sounds, leering, staring, whistling, obscene gestures, content in letters and notes, facsimiles, emails, photos, text messages, tweets, and email.
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leering, staring, whistling, obscene gestures, content in letters and notes, facsimiles, emails, photos, text messages, tweets, and internet postings, or other form of communication that is sexual and offensive in nature.
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What then are the legal remedies against sexual harassment?
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The offended party may opt to file an administrative action against the offender pursuant to Section 4.
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What do I mean by administrative action?
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Simply put, the offended party may file an administrative case against the offender depending on where the offender is employed.
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So, if the offender is employed in a company,
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he is a manager of that company,
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then that is where the offended party can file an administrative case against him or her.
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Or if the offender is a teacher in a school,
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then that is the place where the offended party should file an administrative case.
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Or if the offender is a coach in a training institution,
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then that is the place where the offended party should,
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should file an administrative action against the erring party.
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Now, take note that
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administrative sanctions imposed by the company or by the school or by the training institution
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shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
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the offended party,
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he or she had already filed an administrative case against the offender,
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the offended party can still file an independent action for damages against the offender
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pursuant to Section 6 of RA 7877.
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This is a civil case for damages.
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Regardless of whether a criminal case for sexual harassment or an administrative case,
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an administrative case for sexual harassment had already been filed.
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Precisely why it's called independent action.
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Now under Section 5,
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the employer or head of office of the company or educational or training institution
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will be solidarily liable with the offender arising from the acts of sexual harassment committed in the employment, education, and life of the offender.
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or training environment
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if the employer or head of office
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of the educational or training institution
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is informed of such acts by the offended party
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and no immediate action is taken.
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the offended party can file a criminal action
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for sexual harassment under Section 7.
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The imposable penalty if the offender is found guilty
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is imprisonment of not less than one month
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nor more than six months
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or a fine of not less than P10,000
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nor more than P20,000
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or both such fine and imprisonment
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at the discretion of the court.
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What about the prescriptive period
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for actions arising from acts of sexual harassment?
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According to the law,
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the prescriptive period is three years.
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Take note however,
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that the law does not expressly state
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from what time should the three-year prescriptive period be record.
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Is it three years from the alleged commission
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of the acts of sexual harassment
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or three years from the time
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the offended party or victim is able to file an action
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because he or she was prevented from doing so by the offender?
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That is a question.
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That should be answered by legislation
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because as I said,
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there is no or it is not expressly stated in the law
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from what time should the three-year prescriptive period be record.