Professional Documents
Culture Documents
According to the court, the law provides for Protection Orders from the barangay and The dating relationship contemplated under the law can exist even without a sexual
the courts to prevent the commission of further acts of violence against women and intercourse taking place between those involved.
their children. The Law did not use the colloquial verb “romance” that implies a sexual
act, neither did it state that the offender must have romanced the woman
The law also outlines the duties and responsibilities of barangay officials, law victim survivor.
enforcers, prosecutors and court personnel, social workers, health care providers, Rather, it used the noun “romance” to describe a couple's relationship that
and other government officials in responding to complaints or requests for assistance is a “love affair”
What is the concept of violence against women and their children about? Remember that violence against victim survivors is not confined to this physical
Violence against women and their children refers to: violence.
1. physical it also includes sexual violence
2. sexual psychological violence;
3. psychological or economic abuse.
4. economic abuse
Violence refers to any act or a series of acts committed by any person against victim
It is committed by a person against: survivors.
1. a woman who is his wife
2. a former wife Jurisprudence teaches that the law does not require that the violence must be
3. with whom he has or had a sexual or dating relationship repeatedly done in order it to be punishable.
4. with whom he has a common child The object of the law is to promote the protection and safety of victim survivors
5. against her child whether legitimate or illegitimate limiting punishment to repeatedly committed violence with licensed isolated
aged below 18 years ones.
aged 18 years or older but incapable of
taking care of himself Forms of Violence
Women and children who are victims of violence are also referred to under the law as: 1. Physical violence
“victim survivors” is the infliction of bodily harm.
it could be in the form of battery, assault, coercion, harassment, or arbitrary
Jurisprudence teaches that the victim survivor does not necessarily be the wife or deprivation of liberty.
former wife.
She could be any woman whom the offender has or had a sexual relationship 2. Sexual violence
or dating relationship, whether the sexual or dating relationship had ceased can be in the form of the following:
is “immaterial” for as long as there is sufficient evidence showing the past -rape
or present existence of such relationship between the offender and the -sexual harassment
woman victim survivor when the physical harm was committed. -acts of lasciviousness
-treating the victim survivor as a sex object
A sexual relationship can exist even if there was only a single sexual act, regardless of -making demeaning and sexually suggestive remarks
whether it resulted in the bearing of a common child. -physically attacking the sexual parts of the body
Sexual harassment is the act of demanding or requesting sexual favors by a or when refusal to grant sexual favor results in:
person having authority or moral ascendancy over another regardless of -discrimination
whether the demand or request is accepted or not. -deprivation of employment opportunities
-diminished employment opportunities
Sexual harassment can be committed only when there is a superior or -other adverse effects
subordinate relationship, because sexual harassment is not about a man
taking advantage of a woman because of sexual desire, it is about power being or when the sexual advances impair:
exercised by a superior officer over his subordinates - employee rights or privileges
The power emanates from the fact that the superior can remove the subordinate or result in intimidating, hostile, or offensive environment.
from his workplace, even if the latter would refuse his amorous advances.
How is sexual harassment committed in an education/training environment?
The gravamen of offense in sexual harassment is not the violation of the
employee sexuality, but the abuse of power by the employer In an education/training environment sexual harassment is committed when
it is not necessary that the demand request or requirement of his the sexual favor is made as a condition for:
sexual favor, be articulated in a categorical, oral, or written -giving passing grades
statement. -granting honor and scholarships
-paying benefits, privileges, or considerations,
It may be discerned with equal servitude from the acts of the
superior. or when sexual advances result in an intimidating hostile or offensive
environment.
It is not essential that the demand request or requirement be
made as a condition for continued employment or for Who can be victims of sexual harassment?
promotion. In a work-related environment, sexual harassment can be committed against:
-an employee
It is enough that the sexual advances or requests for sexual fever -applicant for employment
resulted in creating an intimidating hostile or offensive
environment for the employee. In an education or training environment, sexual harassment can be committed
against:
In what case can sexual harassment be committed? -a person under the care custody or supervision of the offender
-a person whose education or training is entrusted to the offender.
Sexual harassment can be committed in:
1. a work related or employment environment Who may be liable for sexual harassment?
2. an education or training environment. The following may be held liable for sexual harassment:
-employer manager, supervisor, or agent of the employer
Transcribed by: April Anne Toledo
2D Agrarian Law and Social Legislation (1 st Semester, AY 2021-2022)
-teacher, instructor, professor, coach, or trainer it should also conduct the investigation of alleged cases
-any person having authority influence or moral ascendancy over constituting sexual harassment.
another in a work, or training/education environment
-any person who directs, induces, or cooperates, with another to Liability
commit an any act of sexual harassment. The liability of the employer and educational or training institutions, employers,
and educational or training institutions, are solidarity liable for damages arising
Obligations from the acts of sexual harassment committed in the employment, educational or
training environment, if they do not take immediate action on any sexual harassment
Employers and heads of educational or training institutions are obliged: incident reported to them by those in there.
To create a committee on the decorum and investigation.
Remedy
To promulgate rules and regulations, prescribing:
-the guidelines on proper decorum in the workplace, educational, or The victim of work-related or education/training-related sexual harassment may
training institutions. institute a separate and independent action for damages and other affirmative
relief.
-the procedure for the investigation of sexual harassment cases and
administrative sanctions therefor.
The law was enacted to uphold the equality of men and women and to afford them their Any person who commits an act of gender based sexual harassment may be held
safe space. liable under the safe spaces act.
In a recent case the Supreme Court stated that the safe spaces act expands on the Unlike the Anti-Sexual Harassment Act Of 1995, the safe spaces act does
concept of discrimination and protects persons of diverse sexual orientation, gender not require the existence of a superior subordinate relationship for
identity and/or expression. gender based sexual harassment in the workplace; neither does the safe
spaces act require the presence of a teacher-student or trainor-
It thus recognizes gender based sexual harassment as including among others trainee relationship for gender based sexual harassment in educational
misogynistic, transphobic, homophobic, and sexist slurs. or training environments.
The court also stated that the safe spaces act does not undo or abandone the definition The Safe Spaces Act provides that gender-based sexual harassment may
of sexual harassment under the Anti-Sexual Harassment Law of 1995. be committed even between peers; or those committed to a superior
officer by a subordinate; or to a teacher by a student; or to a trainer
The gravamen of the offenses punished under the Safe Spaces Act is the act of by a trainee.
sexually harassing a person on the basis of his or her sexual orientation gender
identity and or expression. Obligations of Employers and Heads of Educational or Training Institutions
The Anti-Sexual Harassment Law of 1995 refers to the abuse of one's authority To disseminate a copy of the Safe Spaces Act to all persons in the workplace or post the
influence or moral ascendancy, so as to enable the sexual harassment of a same in a conspicuous place within the workplace.
subordinate.
To provide measures to prevent gender-based sexual harassment in the workplace, such
Concept of Safe Spaces as the conduct of anti-sexual harassment seminars.
The concept of safe spaces contemplates public spaces, online platforms, as well as To create a committee on the decorum and investigation, to investigate and address
workplaces and educational or training institutions, where persons are supposed to complaints of gender-based sexual harassment.
be protected from gender based sexual harassment.
To disseminate a code of conduct or policy against gender-based sexual harassment.
There are several acts or aspects penalized in the law for purposes of the labor law bar
exam, the gender based sexual harassment in the workplace and in educational or The Committee on Decorum and Investigation is required:
training environments.
To adequately represent management employees from the supervisory
This involves the following acts that occur in workplaces or educational or training rank, rank and file employees, union, school administration, trainers,
environments:
To designate a woman as its head and make certain that not less than
half of its members should be women.
Remedies
7. Continuance of the same benefits and privileges given by the GSIS, SSS, Home
Development Mutual Fund.
SENIOR CITIZENS ACT / RA NO. 7432
(As Amended by RA Nos. 9257, 9994, and 10645) 8. Special discounts in special programs for senior citizens on purchase of basic
commodities
Concept of a senior citizen 9. Express lanes in all commercial and government establishments, or in the absence
thereof, priority shall be given to them
A senior citizen refers to a resident citizen of the Philippines, at least 60 years old.
It includes Filipinos with dual citizenship status, provided they have at least six months 10. Death benefit assistance of a minimum of 2,000 pesos to be given to the nearest
residency in Philippines. surviving relative of deceased senior citizen.
Privileges of a senior citizen What should senior citizens present to avail privileges/benefits?
1. 20% discount and value added tax exemption on the payment of the following Senior Citizens availing of the privileges granted under the senior citizens act must
goods and services for his or her exclusive use and enjoyment: present any of the following documents:
medicines prescribed by his or her attending physician 1. Identification card issued by the office of the senior citizens affairs.
essential medical supplies accessories and equipment 2. Philippine passport
professional fees of his or her attending physician 3. Other documents showing the senior citizens age and Filipino citizenship such as his
professional fees of licensed home health care workers or her:
medical and dental services, as well as diagnostic and laboratory fees -Driver’s license
actual fare for land transportation -Voters ID
actual fare for domestic air and sea transportation -SSS or GSIS ID
services in hotels restaurants and recreation centers -Professional Regulation Commission ID
admission fees to theaters, cinema houses, and concert halls, circuses,
carnivals, and other similar places of culture, leisure, and amusement If goods and services are on promotional discount, the senior citizen can choose
amusement between the promotional discount or the 20% discount under the senior citizens act,
funeral and burial services. whichever is higher and more favorable.
2. Exemption from the payment of individual income taxes of minimum wage If the senior citizen is also a PWD, he/she can choose to avail of the 20% discount under
earners the Magna Carta for Persons with Disability or under the Senior Citizens Act.
1. Realty tax holiday for the first five years starting from the first year of
operation.
Private entities that employ senior citizens are entitled to an additional deduction
from their gross income equivalent to 15% of the total amount paid as salaries and
wages to senior citizens if:
1. Senior citizens are continuously employed for a period of at 6 months;
and
2. The annual income of the senior citizen does not exceed the latest
poverty threshold as determined by the National Statistical Coordination
Board of the National Economic and Development Authority for that year.
Maternity leave cannot be deferred. It may be availed of before or after the actual period
of delivery in a continuous or uninterrupted manner. However, the post-natal leave shall
not be less than 60 days.