● Chapter 13 Philhealth Law (RA 10606) - otherwise known as the National Health Insurance

Act of 2013. PhilHealth's mandate is to provide health insurance coverage to all Filipinos.
● Chapter 14 Philippine Nursing Roadmap of 2030
● Chapter 15 Mission, Vision, Goals Objectives of Employing Hospital or Organization
● Chapter 16 Organ Donation RA (7170) - An act authorizing the legacy or donation of all or
parts of a human body after death for specified purposes
● Chapter 17 Advance Directive Guidelines
● Chapter 18 Law on blood borne disease
● Chapter 19 New HIV Law (RA 11166) - expanding access to evidence-based HIV prevention
strategies.
● Chapter 20 Data Privacy Law (RA 19173) - to protect the fundamental human right to privacy
of communication
● Chapter 21 Anti-Sexual Harassment (RA 7877)
● Chapter 22 RA 9262 - Anti-Violence Against Women and their Children Act of 2004. It seeks to
address the prevalence of violence against women and children. (VAWC), abuses on women and
their children by their intimate partners.
● Chapter 23 Occupational Safety and Health Standards

15 - Anti-Sexual Harassment Law

SECTION 1. Title. – This Act shall be known as the “Anti-Sexual Harassment Act of 1995.”
(Jig: signed at the time of Pres. Ramos)

SECTION 2. Declaration of Policy. – All forms of sexual harassment in the employment, education and
training and training environment are hereby declared unlawful.

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. – Work, education or
training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of
the employer, teacher, instructor, professor, coach, trainor, or any other person who, 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, regardless of whether the demand, request
or requirement for submission is accepted by the object of said Act.
(Jig: Victim could be male or female ; violators are bosses, teachers, and mentors who have authority,
influence or moral ascendency. Even if the teacher is for different college, still sexual harassment could
be filed because he has moral ascendancy)
a. In a work-related or employment environment, sexual harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms of conditions, promotions, or privileges; or the refusal to
grant the sexual favor results in limiting, segregating or classifying the employee which
in any way would discriminate, deprive ordiminish employment opportunities or
otherwise adversely affect said employee
(2) The above acts would impair the employee’s rights or privileges under existing labor
laws; or
 (3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
➔ Jig: Sexual innuendos in the workplace or green jokes, lascivious stares or text
messages can constitute sexual harassment

b. In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or
consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice.
➔ Jig: Asking a student about love life or dating status can result in an intimidating or
offensive environment, and constitute sexual harassment

Any person who directs or induces another to commit any act of sexual harassment as herein defined,
or who cooperates in the commission thereof by another without which it would not have been
committed, shall also be held liable under this Act.
➔ Possibility of sexual harassment for accomplices and accessories.

Case of the "touchy" doctor

Dr. Rico Jacutin v People of the Philippines GR 140604. March 6, 2002
- In an accusatory Information, dated 22 July 1996, petitioner, City Health Officer Rico Jacutin of
Cagayan de Oro City, was charged before the Sandiganbayan, Fourth Division, with the crime of
Sexual Harassment

Jig: so the complaint was filed with the ombudsman [prosecutor of suspected govt employees], [in the
sandiganbayan [the court for suspected govt employees]

- A 22 year old fresh graduate nurse seeking employment in a City Health Office of her city. A
doctor, which is the boyhood friend of her father, told her she can have the job but he would have
to examine her first for "research" purposes. The examination involved checking her thighs for
varicose veins, but she was shocked and exclaimed "hala ka!" when he tried to insert his hand
into her panty. Accused then held her abdomen, saying, 'you are like my daughter, 'Day'!
(Visayan word of endearment),' and let the back of his palm touch her forehead, indicating the
traditional way of making the young respect their elders. He again coid her to raise her shirt.

- Feeling embarrassed and uncomfortable, yet unsure whether she was entertaining malice, she
raised her shirt up to her breast. He then fondled her breast. Reacting, she impulsively lower her
shirt and embraced her bra while silently asking God what was happening to her and asking the
courage to resist the accused's physical advances. After a short while, she asked him if there
could be a right place for physical examination where there would be many doctors. He just
exclaimed, 'so you like that there are many doctors!' Then he asked her if she has tooth decay.
 Thinking that he was planning to kiss her, she answer that she has lots of decayed teeth. He
advised her then to have the treated, she informed him that she would not continue with the
research.

- Before the case was filed, the accused retorted that complainant was entertaining malice and
reminded her of what she earlier agreed; that she would not tell anybody about what happened.
He then promised to give her P15,000.00 so that she could take the examination. She was about
to open the door of the car when he suddenly grabbed her thigh, but this time, complainant
instantly parried his hand with her bag.

- Faced with a charge of sexual harassment, the respondent doctor's defense is that the City Mayor,
and not him, had the exclusive prerogative in appointing city personnel, hence Section 3 of RA
7877 does not apply to him.

It did apply.
• (he was convicted by the sandiganbayan 4th division) (appealed case to the supreme court)

ISSUE: Whether or not Dr Jacutin is guilty of violating RA 7877?

SUPREME COURT RULING: Yes.
- SC found his defense untenable. While the City Mayor had the exclusive prerogative in
appointing city personnel, it should stand to reason, nevertheless, that a recommendation from
petitioner in the appointment of personnel in the municipal health office could carry good weight.

Indeed, petitioner himself would appear to have conveyed, by his words and actions, an impression that
he could facilitate Juliet's employment. Indeed, petitioner would not have been able to take undue
liberalities in the person of Juliet had it not been for his high position in the City Health Office of
Cagayan de Oro City.

The findings of the Sandiganbayan were bolstered by the testimony of Vivian Yu, petitioner's secretary
between 1979 to 1994, of Iryn Lago Salcedo, Public Health Nurse II, and of Farah Dongallo y Alkuino, a
city health nurse, all of whom were said to have likewise been victims of perverse behavior by petitioner.

WHEREFORE, the questioned decision of the Sandiganbayan in Criminal Case No. 23799, finding Dr.
Rico Jacutin y Salcedo GUILTY of the crime of Sexual Harassment defined and punished under Republic
Act No. 7877, particularly Sections 3 and 7 thereof, and penalizing him with imprisonment of six (6)
months and to pay a fine of Twenty Thousand (P20,000.00) Pesos, with subsidiary imprisonment in case
of insolvency, is AFFIRMED. The Sandiganbayan's award of moral and exemplary damages are
MODIFIED; instead, petitioner is ordered to indemnify the offended party, Juliet Yee, in the amount of
P30,000.00 and P20,000.00 by way of, respectively, moral damages and exemplary mages. Costs against
petitioner.

SECTION 4. Duty of the Employer or Head of Office

- Prevent or deter sexual harassment
 - Rules and regulations to deter sexual harassment : proper decorum
- Prescribed procedure for investigation of sexual harassment cases: committee on decorum and
investigation (conducts meetings with students, teachers, trainors and traineesto increase
awareness)
- In work related environment committee: 1 representative each from management, supervisory
employees, union or rank and file employee
-
- (a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the
employees or students or trainees, through their duly designated representatives, prescribing the
procedure for the investigation of sexual harassment cases and the administrative sanctions
therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of
sexual harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include, among others,
guidelines on proper decorum in the workplace and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee
shall conduct meetings, as the case may be, with officers and employees, teachers, instructors,
professors, coaches, trainors, and students or trainees to increase understanding and prevent incidents of
sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the supervisory rank,
and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one
(1) representative from the administration, the trainors, instructors, professors or coaches and students or
trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of
this Act for the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. – The
employer or head of office, educational or training institution shall be solidarily liable for damages
arising from the acts of sexual harassment committed in the employment, education or training
environment if the employer or head of office, educational or training institution is informed of such acts
by the offended party and no immediate action is taken.
SECTION 6. Independent Action for Damages. – Nothing in this Act shall preclude the victim of work,
education or training-related sexual harassment from instituting a separate and independent action for
damages and other affirmative relief.

SECTION 7. Penalties. – Any person who violates the provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not
less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such
fine and imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

SECTION 8. Separability Clause. – If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.

SECTION 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other issuances, or
parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.

The case of a company nurse who threw a stapler at a manyakis boss. (RA 7877)
• Phil Aeolus Automotive United v NLRC and Rosalinda Cortez. GR 124617. April 28, 2000.

• Facts:
- Rosalinda was hired as a company nurse. From the start, boss William showed partiality to her,
asking her for dates, even running his fingers down her arms, whilst saying she is beautiful.
Rosalinda endured this for 5 years, for fear of unemployment. One day, when the sexual
innuendo was getting severe, she broke down and threw a stapler at him.
- William then made up lots of frivolous accusations, then dismissed rosalinda. One of those
accusations is that Rosalinda apparently did not follow his orders to get to open 9 ATM accounts
for her co-employees. Gross insubordination ang gi basis ni William. Of course Rosalinda filed a
case in the NLRC (private nurse man sya. Kung govt nurse, tile case in civil service commission,
or ombudsman, or RTC; pwede pud all of the above)

Issue: Whether there was illegal dismissal?

SUPREME COURT RULING: Yes.

- The court considered the facts of sexual harassment, and the fact that its not a nurse's job to open
ATM accounts.
 - As to William's asseveration that prescription has set in because Rosalinda did not complain for 5
years, the SC ruled that fear of unemployment may have barred her from complaining, So no
estoppel or prescription exist.

The gravamen of the offense of sexual harassment is not the violation of the employee's sexuality but the
abuse of power by the employer (male or female)

• Company and/or William ordered to pay full backwages plus separation pay (sweldo from removal until
paid), 25k moral damages, 10k exemplary damages, plus cost of suit.

• Note: if a student makes unwanted sexual advances on a teacher, that is not sexual harassment under RA
7877. This is so because the student does not exert authority, influence, or moral ascendancy over the
teacher. It could be another criminal case: acts of lasciviousness.
- Reason is the student does not have power or the reason of superiority

• Art. 336 (of RA 3815). Acts of lasciviousness. - Any person who shall commit any act of
lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the
preceding article, shall be punished correccional.
(jig: up to 6rs irritorament)

• Alternative criminal charges: (RA 3815/ Revised Penal Code)

• Art. 337. Qualified seduction. The seduction of a virgin over twelve years and under eighteen years of
age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or
any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced,
shall be punished by prision correccional in its minimum and medium periods.

Jig: elements of qualified seduction:

- there is seduction or sexual intercourse through guile or deceit [+consent] (if no consent, rape)
- victim is minor 12-18 yo (because if below 12: automatic statutory rape)
- victim is a virgin (virginity is presumed in a virtuous woman; no need for medical examination of
hymen)
- violator is any person public authority, priest, home-servant, teacher

PENALTY: Prision correccional min-med [about 4 yrs])

The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over eighteen years of age.
- (Jig: penalty is higher [prision correccional max-prision mayor min or up to 8 yrs] if violator
seduces own sister or descendant, regardless of age or virginity status) [+consent]
- (Jig: if there was intimidation or force, or there was no consent: rape)
• Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of
any of the persons and under the circumstances described herein.
(Jig: carnal knowledge means sexual intercourse)

• Art. 338. Simple seduction. The seduction of a woman who is single or a widow of good reputation,
over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto
mayor.

• Jig: elements:
- there is seduction or sexual intercourse through guile or deceit
- [+consent]
- victim is single or widow of good reputation
- age 12-18 yo

PENALTY: arresto mayor or up to 6 mos

• Art. 339. Acts of lasciviousness with the consent of the offended party. — The penalty of arresto
may be imposed to punish any other acts of lasciviousness committed by the same persons and the same
circumstances as those provided in Articles 337 and 338.
- No penetration ; carnal knowledge

• Art. 340. Corruption of minors. — Any person who shall promote or facilitate the prostitution or
corruption of persons underage toxz satisfy the lust of another, shall be punished by prision mayor, and if
the culprit is a pubic officer or employee, including those in government-owned or controlled
corporations, he shall also suffer the penalty of temporary absolute disqualification. (As amended by
Batas Pambansa Blg. 92).
- You are selling or corrupting minors ; not being in a relationship with a minor because that is
under RA 7610 (Special protection of child against abuse and discrimintation)

• Art. 341. White slave trade. — The penalty of prision mayor in its medium and maximum period shall
be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or
shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution (As
amended by Batas Pambansa Blg. 186.)

R.A. 11313 otherwise known as the "Safe Spaces Act"

First degree offenses:
- Cursing
- Catcalling
- Wolf-whistling
- Leering and intrusive gazing
- Taunting,
- Misogynistic, transphobic, homophobic, and sexist slurs
 - Persistent unwanted comments on one's appearance
- Relentless requests for personal details such as name, contact, and social media details; or
destination
- Use of words, gestures, or actions that ridicule on the basis of sex, gender, or sexual orientation;
identity and/or expression including sexist, homophobic, transphobic statements and slurs
- Persistent telling of sexual jokes
- Use of sexual names comments, and demands
- Any statement that has made an invasion on a person's personal space or threatens the person's
sense of personal safety.

• Penalty:
- 1st offense: P1,000-fine and 12-hour community service with Gender Sensitivity Seminar
- 2nd offense: 6-10 days in prison/P3,000 fine
- 3rd offense: 11-30 days in prison and P10,000-fine

2nd DEGREE OFFENSES

- Making offensive body gestures at someone
- Public masturbation
- Flashing of private parts
- Groping
- Similar lewd actions

• Penalty:
- 1st offense: P10,000-fine and 12-hour community service with Gender Sensitivity Seminar
- 2nd offense: 11-30 days in prison/P15,000 fine
- 3rd offense: 1 month and 1 day to 6 months in prison and P20,000 fine

3rd DEGREE OFFENSES

- Stalking
- Sexual advances, gestures, and statements mentioned previously with pinching or brushing
against the body of the offended person
- Touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner
thighs, face, buttocks, or any part of the victim's body

• Penalty
- 1st offense: 11-30 days in prison/P30,000-fine with attendance to Gender Sensitivity Seminar
- 2nd offense: 1 month and 1 day to 6 months in prison and P50,000 fine
- 3rd offense 4 months and 1 day to 6 months in prison/P100,000 fine

● Chapter 13 Philhealth Law (RA 10606) - 16:50

● Chapter 14 Philippine Nursing Roadmap of 2030 - 4:08
● Chapter 15 Anti-Sexual Harassment (RA 7877) - 25:57
● Chapter 16 RA 9262 - 37:28
● Chapter 17 Occupational Safety and Health Standards - 12:33
● Chapter 18 Law on blood borne disease - 39:27
● Chapter 19 Advance Directive Guidelines - 25:28
● Chapter 20 Data Privacy Law (RA 19173) - 21:00
● Chapter 21 Organ Donation RA (7170) - 19:07