FINAL EXAMINATIONS

Jessica Cruz was an employee in the private sector capable of availing maternity leave
benefits. She died after giving birth to a healthy baby boy. The father of the child and her live-in
partner, Simon Baz, approached you to ask advice regarding the availment of leave benefits.

Questions
10 points

1. Can Simon avail of leave benefits under R.A. No. 8187 or the Paternity Leave Act of 1996?
2. Can Simon avail of leave benefits under R.A. No. 11210 or the 105-Day Expanded Maternity
Leave Law?

II

Carol Ferris was a public sector employee rearing the baby girl she recently gave birth to. She
was allegedly raped by the father of the child, Hal Jordan. Hal has a pending case before
Branch 33 of the Regional Trial Court of Davao City because of the rape charge.

Question
10 points

Can Carol avail of any leave benefit for the rearing of her child?

III

The parties were employees of Golden Shower, Inc. John Stewart was the Logistics Manager,
while Ororo Munroe was a clerk-typist assigned in the former’s department.

Sometime in June 1989, John invited Ororo and other colleagues to dine in a restaurant because
he was celebrating his birthday. Those present witnessed how John repeatedly attempt to kiss
Ororo without her consent.

Ororo eventually submitted her resignation letter addressed to the company president, alleging
that John drove her to a motel instead of taking her home after dining in a restaurant with their
colleagues.

Question
10 points

Was there a valid cause to terminate John based on sexual harassment?

IV

Arkiss Chummuck was then the City Health Officer of Cotabato City, while Lana Lang was a
graduate of Bachelor of Science in Nursing who was seeking employment in the office of the
former.
 FINAL EXAMINATIONS

In December 1995, Arkiss told Lana that he was looking for research project employees. He
allegedly demanded from Lana that the latter should expose her body and allow her private
parts to be mashed and stimulated by the former – all in the name of research.

Question
10 points

Did Arkiss commit sexual harassment?

Alan Scott was a manager of a local coffee shop somewhere in Davao City, while Siobhan
Smythe was his barista.

Alan repeatedly sent Siobhan love notes, but the latter admonished the former because both of
them were already married.

Question
10 points

Was professing his amorous intention sufficient to make Alan liable for sexual harassment?

VI

Guy Gardner was the presiding judge of Branch 66 of the Regional Trial Court of Davao City,
while Selina Kyle was the court stenographer of the said court.

Selina alleged that on 29 August 2002, Guy suddenly groped her genitalia while she was washing
dishes inside the bathroom of the judge’s chamber. Selina filed her Complaint before the High
Court, and Associate Justice Miles Morales was eventually designated as the Executive Justice
Investigator.

In his Report dated 2 June 2006, the investigating justice recommended that Guy be adjudged
guilty of sexual harassment under of R.A. No. 7877 – with a penalty of dismissal from service. She
opined that considering that in administrative proceedings only substantial evidence is required
to make a finding of guilt.

Question
10 points

Was there sufficient proof that Guy committed sexual harassment?

VII

Natasha Romanov was a secretary of the Local Water Utilities Administration (LWUA), while Kyle
Rayner was the Acting General Manager of the Metro Cebu Water District, Cebu City. Both
were not employed or connected with the same agency or instrumentality of the government.
 FINAL EXAMINATIONS

On 18 July 1994, Natasha left for Cebu upon orders from her Department Manager, Nick Fury, to
assist in the formation of the Mactan Water District. Upon arrival in Mactan City, Natasha was
endorsed by the LWUA management adviser to Kyle.

After her briefing with the local officials on 18 July 1994, Natasha spent the night at the house of
Kyle because it was already late at night when her work was done. Natasha was later
awakened in her sleep when a half-naked Kyle lay down beside her and crept underneath her
blanket. When she screamed “Ayaw, ayaw, ayaw!” and scampered to safety, Kyle left the room
immediately.

On October 28, 1994, Natasha filed with the Civil Service Commission (CSC) an affidavit for
sexual harassment, grave misconduct and conduct unbecoming a public officer against Kyle; it
was the first administrative charge he received in his lifetime. On September 29, 2000, the CSC
found Kyle guilty of grave misconduct and meted the penalty of dismissal.

Kyle contended that the penalty to be meted to him should be equivalent to or even less than
6-month suspension meted by the High Court on Judge Caminade in the case of Veloso v.
Caminade.

Question
10 points

Was the contention of Kyle correct?

VIII

Jack Chance was the presiding judge of Branch 96 of the Regional Trial Court of Tagum City. On
the other hand, Barbara Gordon was the court interpreter of the said Branch.

Jack made a drawing of a penis and a vagina on a piece of paper and tried to show it to
Barbara, but the same was crumpled by their Clerk, Renee Montoya, who threw it in a
wastebasket. When Barbara discovered what Jack did, she began to avoid him.

Barbara filed a complaint against Jack before the High Court, alleging sexual harassment. The
investigating justice recommended that his conduct be classified as a less grave offense, while
Jack reasoned that his conduct should only be classified as a light offense.

Question
10 points

Who was correct?

IX

Flodo Span was the professor of Indigo One in Lantern University.

According to Indigo, Flodo sent her flowers, romantic messages, poems, love notes and other
sweet nothings, and also invited her to go to a nearby island getaway with another law student.
 FINAL EXAMINATIONS

Indigo filed a complaint for sexual harassment with the Committee on Decorum and
Investigation. She felt that the unwelcome advances made her feel degraded as she could not
easily ignore him for fear of reprisal.

According to Flodo, Indigo was a disgruntled student who failed his class. He also argued that
Indigo did not state in her complaint that he demanded or requested sexual favors from her, so
her allegation of sexual harassment should necessarily fail.

Question
10 points

Did Flodo’s acts constitute sexual harassment?

Among the duties of the Head of Office provided in Section 4 of R.A. No. 7877 is the creation of
the Committee on Decorum and Investigation in his respective office. Consequently, the Civil
Service Commission promulgated CSC Resolution No. 01-0940, which includes the rules
prescribing the aforesaid committee.

Questions
10 points

1. What is the composition of CODI in a work-related environment?

2. What is the composition of CODI in an educational or training institution?

Bonus Question
5 points

Who among the fictional persons mentioned is a comic book artist?

Correct Answer:

Kyle Rayner.