MIDTERMS PART 2

I
BACKGROUND
1. Mr. Displaced Worker is one of the people greatly affected by the pandemic:
a. He was laid off from work.
b. He was unable to pay apartment rentals for the past three months.
c. He was likewise unable to pay a personal loan amounting to P50, 000.00
2. The landlord and the lender demanded payments from him, and noted that failure
to pay until October 30 will cause eviction in the said apartment.

QUERY
1. What are Mr. Displaced Worker’s recourse against employer, if any?
2. What are his rights as a tenant?
3. What are his remedies as a debtor?

APPLICABLE LAWS

I Department Order 147-15, Series of 2015

a. Section 4. Definition of Terms.

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(r) “Retrenchment” refers to economic ground for dismissing employees and is

resorted to primarily to avoid or minimize business losses.
xxx

b. Section 5.4 Standards on Authorized Causes. An employer may terminate an

employee for any of the following grounds:

xxxx

(c) Retrenchment or Downsizing – To be a valid ground for termination the following

must be present:
1. The retrenchment must be reasonably necessary and likely to prevent
business losses;
2. The losses, if already incurred, are not merely de minimis , but substantial,
serious, actual and real or if only expected are reasonably imminent.
3. The expected losses must be proved by sufficient and convincing evidence
4. Retrenchment must be in good faith for the advancement of its interest and not
to defeat or circumvent the employees’ right to security of tenure
 5. There must be fair and reasonable criteria in ascertaining who would be
dismissed and who would be retained among the employees such as status,
efficiency, seniority, physical fitness, age and financial hardship for certain workers.

II. The Labor Code of the Philippines

c. ART 298. Closure of establishment and reduction of personnel - The
employer may also terminate the employment of any employee x x x,
retrenchment to prevent losses or the closing or cessation of operation of the
establishment or undertaking unless the closing is for the purpose of
circumventing the provisions of this Title, by serving a written notice on the
workers and the Ministry of Labor and Employment at least one (1) month before
the intended date thereof. In case of termination due to the installation of labor-
saving devices or redundancy, the worker affected thereby shall be entitled to a
separation pay equivalent to at least his one (1) month pay or to at least one (1)
month pay for every year of service, whichever is higher. In case of
retrenchment to prevent losses and in cases of closures or cessation of
operations of establishment or undertaking not due to serious business
losses or financial reverses, the separation pay shall be equivalent to one
(1) month pay or at least one-half (1/2) month pay for every year of service,
whichever is higher. A fraction of at least six (6) months shall be
considered one (1) whole year.

III. Republic Act 1194 “Bayanihan to Recover as One”

a. Section 4. (f) (2) Five thousand pesos (P5,000) to Eight thousand (P8,000)
unemployment or involuntary separation assistance for displaced workers or
employees due to COVID 19 including probationary, project, seasonal,
contractual and casual employees in private health institutions, culture and arts,
creative industries, broadcast, construction, public transportation, trade and
industries, cooperatives and other sectors of the economy as may be identified
by DOLE x x x
b. Section 4 (uu) Directing all banks, quasi banks, financing companies, lending
companies, real estate developers, insurance companies providing insurance
policies, pre-need companies x x x to implement a one-time 60 day grace
period to be granted for payment of all existing, current, existing, current
and outstanding loans falling due or any part thereof on or before December
31, 2020 x x x
c. Section 4 (ww) Provision of a minimum of thirty (30) day grace period on
residential rents and commercial rents of lessees not permitted to work and
MSME’s and cooperatives ordered to temporarily cease operations, falling due
within the period of CQ without incurring interests , penalties fees and other
 charges. Provided, That all amounts due within the period of CQ shall be
amortized in equal monthly installments until December 31, 2020 without any
interest, penalties and other charges. x x x Provided furthermore, That the
minimum thirty (30) day grace period shall be reckoned from the date of the lifting
of ECQ or MECQ

DISCUSSION

Mr. Displaced Worker can question the validity of the “forced lay-off” conducted
by the company, at the onset. First, in case of retrenchment, it must conform to the
standards provided in D.O 147-15, Series of 2015, Section 5.4. Likewise, it must comply
with the notice requirement in ART. 298 of the Labor Code of the Philippines which is 1
month or 30 days prior to the intended date of retrenchment. If it is later proven that
such was valid, he shall be entitled to a separation pay of equivalent to one (1)
month pay or at least one-half (1/2) month pay for every year of service,
whichever is higher. These two laws are governing as to protect the rights of the
employees against arbitrary removal by employers. The Labor Laws in the Philippines
are there to ensure that they get notice, and that they get separation pay, as computed
above.

Second, Republic Act 1194 (R.A) otherwise known as “Bayanihan to Recover as

One” Section 4. Par (f) (2) provided for financial assistance for displaced workers which
shall be minimum of P 5 000 to maximum P 8 000. Similar law also protects him as to
his rents and personal loans. It provides for grace periods not only for the payment of
rent but also for payment of loans acquired. Paragraph “ww” provides a minimum 30
day grace period for the payment of rents which occurred due during the period of the
community quarantine. It provided further that the same shall be amortized in equal
monthly installments until December 31, 2020, without incurring interest penalties, fees
and other charges. The creditor shall likewise give a 60 day grace period. This law does
not free him from his responsibility as a tenant, neither his liability as a debtor. It only
sought to give a wider time leeway for extraordinary circumstances such as this
pandemic. However, applicability and dates of this law must be checked accordingly
based on when it occurred before demanding for grace period.

-Nothing Follows-

II
BACKGROUND
1. The daughter of Mrs. Worried Mom broke up with her boyfriend three months ago
because of trust issues.
2. The daughter started receiving text messages and emails from her boyfriend last
month, where he constantly sends sexual messages.
3. The boyfriend also threatened to upload sexy pictures if she continues to ignore
him.
4. The daughter tried to talk to the boyfriend, but to no avail.
5. This had caused emotional distress and anguish to her daughter.

QUERY
a. What are the remedies of the daughter from the online harassment of her ex-
boyfriend?
b. What legal steps should the mother do?

APPLICABLE LAWS

I. SAFE SPACES ACT (RA 11313)

a. Section 3 (e) Definition of Terms

Gender-based online sexual harassment refers to an online conduct

targeted at a particular person that causes or likely to cause another
mental, emotional or psychological distress, and fear of personal
safety, sexual harassment acts including unwanted sexual remarks and
comments, threats, uploading or sharing of one’s photos without
consent, video and audio recordings, cyberstalking and online identity
theft;

b. Section 12. Gender-Based Online Sexual Harassment . –

Gender-based online sexual harassment includes acts that use

information and communications technology in terrorizing and
intimidating victims through physical, psychological, and emotional threats,
unwanted sexual misogynistic, transphobic, homophobic and sexist
remarks and comments online whether publicly or through direct and
private messages, invasion of victim’s privacy through cyberstalking and
incessant messaging, uploading and sharing without the consent of the
victim, any form of media that contains photos, voice, or video with sexual
content, any unauthorized recording and sharing of any of the victim’s
photos, videos, or any information online, impersonating identities of
 victims online or posting lies about victims to harm their reputation, or
filing, false abuse reports to online platforms to silence victims.

c. Section 13. Implementing Bodies for Gender-Based Online Sexual

Harassment. 

For gender-based online sexual harassment, the PNP Anti-Cybercrime

Group (PNPACG) as the National Operational Support Unit of the PNP is
primarily responsible for the implementation of pertinent Philippine laws on
cybercrime, shall receive complaints of gender-based online sexual
harassment and develop an online mechanism for reporting real-time
gender-based online sexual harassment acts and apprehend
perpetrators.1âшphi1 The Cybercrime Investigation and Coordinating
Center (CICC) of the DICT shall also coordinate with the PNPACG to
prepare appropriate and effective measures to monitor and penalize
gender-based online sexual harassment.

d. Section 14. Penalties for Gender-Based Online Sexual Harassment.

The penalty of prision correccional in its medium period or a fine of not

less than One hundred thousand pesos (₱100,000.00) but not more than
Five hundred thousand pesos (₱500,000.00), or both, at the discretion of
the court shall be imposed upon any person found guilty of any gender-
based online sexual harassment.

e. Section 27. Restraining Order.

Where appropriate, the court, even before rendering a final decision, may
issue an order directing the perpetrator to stay away from the offended
person at a distance specified by the court, or to stay away from the
residence, school, place of employment, or any specified place frequented
by the offended person.

f. Section 28. Remedies and Psychological Counselling.

A victim of gender-based street, public spaces or online sexual

harassment may avail of appropriate remedies as provided for under the
law as well as psychological counselling services with the aid of the LGU
and the DSWD, in coordination with the DOH and the PCW. Any fees to
be charged in the course of a victim’s availment of such remedies or
psychological counselling services shall be borne by the perpetrator.
 g. Section 36 (d). Prescriptive Period

Offenses committed under Section 12 of this Act shall be imprescriptible

II. Anti-Violence Against Women and Their Children Act of 2004 (RA 9262)

a. SECTION 5. Acts of Violence Against Women and Their Children .-

(h) Engaging in purposeful, knowing, or reckless conduct, personally or
through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include, but
not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private
places;
(2) Peering in the window or lingering outside the residence of the
woman or her child;
(3) Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting
harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;

b. SECTION 6. Penalties.
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by
prision mayor.

c. SECTION 7. Venue.- The Regional Trial Court designated as a Family

Court shall have original and exclusive jurisdiction over cases of violence
against women and their children under this law. In the absence of such
court in the place where the offense was committed, the case shall be filed
in the Regional Trial Court where the crime or any of its elements was
committed at the option of the compliant.

d. SECTION 8. Protection Orders.- A protection order is an order issued

under this act for the purpose of preventing further acts of violence against
a woman or her child specified in Section 5 of this Act and granting other
necessary relief. The relief granted under a protection order serve the
purpose of safeguarding the victim from further harm, minimizing any
disruption in the victim's daily life, and facilitating the opportunity and
ability of the victim to independently regain control over her life. The
 provisions of the protection order shall be enforced by law enforcement
agencies. The protection orders that may be issued under this Act are the
barangay protection order (BPO), temporary protection order (TPO) and
permanent protection order (PPO). The protection orders that may be
issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or

committing, personally or through another, any of the acts mentioned in
Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning,

contacting or otherwise communicating with the petitioner, directly or
indirectly;

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e. SECTION 9. Who may file Petition for Protection Orders . – A petition for
protection order may be filed by any of the following:

(a) the offended party;

(b) parents or guardians of the offended party;

xxx

DISCUSSION

A long line of cases decided upon by the Supreme Court prohibits acts of
violence against women and children. For instance, in Rustan Ang v CA1 applied
charged an ex-boyfriend with Republic Act 9262 for allegedly sending naked picture of
the woman victim. Section 5 (h)(5) specifically prohibits any form of harassment or
violence. Similar case operationalize the elements of crime of violence against women
through harassment, to wit:
1. The offender has or had a sexual or dating relationship with the offended
woman;
2. The offender, by himself or through another, commits an act or series of
acts of harassment against the woman; and
3. The harassment alarms or causes substantial emotional or psychological
distress to her.

1
GR 182835, April 20, 2013.
 This falls squarely in the instant case. The offender had a previous dating
relationship with the daughter. The ex-boyfriend constantly harasses the daughter
through sending sexual messages and threatening to post sexy pictures if she
continues to ignore him. The third requisite is likewise met. The daughter is having
emotional distress because of this threats.

The ex-boyfriend might say that the acts are mere threats and the injury is not
imminent. However, RA 9262 does not distinguish mere threat to an actual commission.
In fact, said law provides sanctions to any form of harassment. But even assuming that
RA 9262 does not apply, Section 12 of the Safe Spaces Act (RA 11313) is applicable,
which prohibits gender-based online sexual harassment including acts that use
information and communications technology in terrorizing and intimidating victims
through physical, psychological, and emotional threats, and, uploading and sharing
without the consent of the victim, any form of media that contains photos, voice, or
video with sexual content. Hence, mere threat is explicitly punishable by the law.

In both laws, the offended party, your daughter, or the parent may file a
Protection Order or Restraining Order while the case is pending. This will prohibit the
ex-boyfriend from harassing, annoying, telephoning, contacting or otherwise
communicating with your daughter, directly or indirectly. Failure to abide with the
Protection or Restraining Order, as the case may be, is punishable by law.

-Nothing Follows-

III

BACKGROUND
1. Last month, Totoy and Neneng B’s mother was caught having a sexual affair with
her married co-worker during an online meeting with their other co-workers.
2. This was recorded and the video went viral.
3. The incident totally devastated the children.
4. The father, on the other hand, was silent because he had his own partner too.
5. This situation directly affected the children.

QUERY
Can the children file an adultery case against their own mother and concubinage against
her boyfriend?

APPLICABLE LAWS
I. LAW
a. Article 333Revised Penal Code
Elements of Adultery
1. That the woman is married;
2. That she has sexual intercourse with a man not her husband; and
3. That as regards the man with whom she has sexual intercourse , he
must know her to be married.

Cybercrime Prevention Act of 2012 (RA10175)

 SEC. 4. Cybercrime Offenses
(4) Libel. — The unlawful or prohibited acts of libel as defined in
Article 355 of the Revised Penal Code, as amended, committed
through a computer system or any other similar means which may
be devised in the future.
 SEC. 10. Law Enforcement Authorities.
The National Bureau of Investigation (NBI) and the Philippine
National Police (PNP) shall be responsible for the efficient and
effective law enforcement of the provisions of this Act. The NBI and
the PNP shall organize a cybercrime unit or center manned by
special investigators to exclusively handle cases involving
violations of this Act.
 SEC. 11. Duties of Law Enforcement Authorities.
To ensure that the technical nature of cybercrime and its prevention
is given focus and considering the procedures involved for
international cooperation, law enforcement authorities specifically
the computer or technology crime divisions or units responsible for
the investigation of cybercrimes are required to submit timely and
regular reports including pre-operation, post-operation and
investigation results and such other documents as may be required
to the Department of Justice (DOJ) for review and monitoring.

II. JURISPRUDENCE

a. Pilapil v. Somera (G.R. No. 80116     June 30, 1989)

The law provides that in prosecution for adultery and concubinage, the person
who can legally file the complaint should be the offended spouse and nobody
else. In this case, it appeared that private respondent is the offended spouse,
the latter obtained a valid divorce in his country, the Federal Republic of
Germany, and said divorce and its legal effects may be recognized in the
Philippines in so far as he is concerned. Thus, under the same consideration
 and rationale, private respondent is no longer the husband of the petitioner
and has no legal standing to commence the adultery case under the
imposture that he was the offended spouse at the time he filed suit.

b. Del Prado v. De la Fuente (G.R. No. 9274, September 14, 1914) 

The intimate life together and carnal relations of the

defendant De la Fuente with Basilisa Padilla constitute
adultery to the moral injury of the latter's husband Isidro
Nicolas, and at the same time concubinage to the
humiliation of the plaintiff, said defendant's wife. It is a
criminal act partaking of the nature of a double crime.
Laws 2 and 3, title 9, of the fourth Partida, authorize the
husband to prosecute his wife for adultery and the injured
wife as well to prosecute her husband for said crime,
which is classified later in the modern law as concubinage;
and once the charge that the wife has commited adultery,
or the husband concubinage, has been proven, the courts
can decree the divorce in accordance with the provisions
of law 3, title 2, of the fourth Partida.
The decision declaring the divorce to have been
properly granted in this suit, on the ground that
concubinage of the defendant husband with the adulteress
Basilisa Padilla has been proven, does not conflict with the
final judgment rendered in said case for adultery,
prosecuted at the instance of the husband of the
adulteress, because the fact that the adultery has been
punished on account of the offense committed against the
husband injured thereby and the judgment of acquittal in
favor of the plaintiff's husband in that case, for the reason
stated, do not affect her rights, nor form an obstacle to
granting this petition, after the fact of the concubinage of
the defendant husband has been held to be established in
this case.

DISCUSSION
 Totoy and Neneng B, cannot file an action for adultery. As abovementioned, an
action for adultery is personal and may only be filed by the injured spouse. Meaning,
only the father or the wife of their mother’s boyfriend may file the action against their
erring spouses. The elements of adultery are as follows:
1. That the woman is married;
2. That she has sexual intercourse with a man not her husband; and
3. That as regards the man with whom she has sexual intercourse , he must know
her to be married.

Here, the first and second elements are undeniably present. Whether or not the
third element is present, the wife of the mother’s boyfriend may still pursue an action for
concubinage against him and adultery against the mother.

As to the issue on the Zoom video that has been circulating online, Republic Act
No. 10175 or the Cybercrime Law covers this, specifically under Section 4(4) for the
crime of libel, against the person who recorded the video and/or the person who shared
the same. It includes libelous conduct committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical exhibition,
cinematographic exhibition, or any similar means. The National Bureau of Investigation
(NBI) and the Philippine National Police (PNP), as agencies tasked with implanting the
said law, may likewise assist the children in taking the necessary steps for the removal
of the video online.

-Nothing Follows-