II –Interference with Family

and Other Relation

1. Alienation of Affection Under Article 26
• Article 26. Every person shall respect the dignity, personality, privacy and
peace of mind of his neighbors and other persons. The following and similar
acts, though they may not constitute a criminal offense, shall produce a
cause of action for damages, prevention and other relief:
• (1) Prying into the privacy of another's residence;
• (2) Meddling with or disturbing the private life or family relations of another;
• (3) Intriguing to cause another to be alienated from his friends;
• (4) Vexing or humiliating another on account of his religious beliefs, lowly
station in life, place of birth, physical defect, or other personal condition.
2. Alienation of Affection of Spouse
The family code imposes obligation of the spouses;
Art. 68. The husband and wife are obliged to live together, observe mutual love,
respect and fidelity, and render mutual help and support.

Alienation of affection consists in depriving one spouse of the affection, society

companionship and comfort of the other. NOT necessary that there is adultery or
the spouse is deprived of household services.

The gist of the TORT is an interference with one spouse’s mental attitude toward
the other and the conjugal kindness of marital relations resulting in some actual
conduct which materially affects it.
Requirements of Alienation of affection of
a spouse;
1. Valid marriage
2. Wrongful conduct by the defendant with the plaintiff’s spouse
3. The loss of affection or consortium
4. Causal relation between the defendant’s conduct and the deprivation of
affection.

There must be active participation, initiative or encouragement on the part of

the defendant in causing one spouse’s loss if the spouse’s affection for liability
to arise.
Alienation of Affection by IN-LAWS
PRESUMPTION:
•  They have acted with commendable motives and a clear case of want of
justification may be fully required to be shown before they should be held
responsible.
• The law has tender regard for the ties of kinship subsisting between parent and
child.
•  Parent will only act for the best interest of the child.
• Right of the parent to advise son/daughter, in good faith, even when it results in
separation – NO RIGHT OF ACTION
• Must be established
• Defendant’s act were the controlling cause of the loss of affection
Alienation of Affection by Non-Relatives

• Malice is necessary which means that with design and intent to alienate
the affections of spouse.
• Must be controlling cause
 3. Disturbing Family Relation
• Article 26

Radio Communication of the Philippines, Inc. V. Valdez- involving delay

in the transmittal of a telegram.
-Disruption of filial tranquility
-Liable for quasi delict Art 2219 for moral damages
III Vexation and Humiliation
1. HUMILIATION ON ACCOUNT OF PERSONAL CONDITION

Art. 26 xxx (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life,
place of birth, physical defect, or other personal condition.
Religious freedom does not authorize anyone to heap obloquy and disrepute upon another by
reason of the latter’s religion,
Social equality is NOT sought by the legal provision but DUE REGARD for decency and propriety.
Discrimination may result in:
-  Emotional distress
-  Sexual harassment
-  Public humiliation
Affects PERSONAL DIGNITY
INFLICTION OF EMOTIONAL DISTRESS

Requisites:
• 1)  The conduct of the defendant was intentional or in reckless
disregard of the plaintiff.
• 2)  The conduct was extreme and outrageous.
• 3)  There was a causal connection between the defendant’s conduct
and the plaintiff’s mental distress.
• 4)  The plaintiff’s mental distress was extreme and severe.
• Extreme and Outrageous Conduct
- Conduct that is so outrageous in
character and so extreme in degree
as to go beyond all possible bounds
of decency and to be regarded as
atrocious, and utterly intolerable in
civilized society.
-  Conduct is actionable if the
recitation of the facts to an average
member of the community would
arouse his resentment against the
actor and lead him/her to exclaim
―OUTRAGEOUS! as his/her reaction.
• Emotional Distress
- Any highly unpleasant mental
reaction; extreme grief, shame,
humiliation, embarrassment, anger,
disappointment,worry, nausea,
mental suffering, anguish, shock,
fright horror and chagrin.
• Severe Emotional Distress
-Any type of severe and disabling
emotional or mental condition which
may be generally recognized and
diagnosed by professionals trained to
do so, including PTSD, neurosis,
psychosis, chronic depression, or
phobia
Vexation- An act of annoyance
or irritation that causes
distress or agitation
 Discrimination
Applicable laws;
• Universal Declaration on Human
Rights
• International Convention on
Economic, Social, Cultural Rights
• International Convention on the
Elements of All Forms of Racial
Discrimination
• Convention Against
Discrimination in Education
• Convention (No. 111) Concerning
Discrimination in
• Respect of Employment and
Occupation
• Labor Code
• Magna Carta for Disabled Persons
• RA 8504 – liability for
discrimination of AIDS victims
• RA 8972 – prohibits discrimination
of solo parents
Discrimination under the Labor Code
• ART. 135 – discrimination against women
1) Payment of a lesser compensation including wage, salary, or
other form of remuneration and fringe benefits to a female employee as
against a male employee for work of value
2) Favoring a male employee over female employee with respect to
promotion, training opportunities, study and scholarship grants solely on
account of the sexes

There are CRIMINAL and CIVIL LIABILITIES independent of each other.

Discrimination of Disabled
• Expressly prohibited in Republic ACT No. 7277 otherwise known as
MAGNA CARTA FOR DISABLED PERSONS.

• SECTION 32. Discrimination on Employment.

• SECTION 34. Public Transportation.
• SECTION 36. Discrimination on the Use of Public Accommodations.
Discrimination Under Magna Carta for
Women
• based on CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN (CEDAW )
• "DISCRIMINATION AGAINST WOMEN" refers to any gender-based
distinction, exclusion, or restriction which has the effect or purpose of
impairing or nullifying the recognition, enjoyment, or exercise by women,
irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil, or any other field.
• SECTION 13. Equal Access and Elimination of Discrimination in
Education, Scholarships, and Training.

• SECTION 16. Nondiscriminatory and Nonderogatory Portrayal of

Women in Media and Film.

Liability for damages

SECTION 41-XXX
If violation is committed by a private entity or individual, the person
directly responsible for the violation shall be liable to pay damages
SEXUAL HARASSMENT
• RA 7877 – ANTI-SEXUAL HARRASSMENT ACT OF 1995
SECTION 2. Declaration of Policy. - The State shall value the dignity of
every individual, enhance the development of its human resources,
guarantee full respect for human rights, and uphold the dignity of
workers, employees, applicants for employment, students or those
undergoing training, instruction or education. Towards this end, all forms
of sexual harassment in the employment, education or training
environment are hereby declared unlawful.
Penalties
Imprisonment: 1-6 months
• Fine: P10,000-P20,000
• Action prescribes after 3 years
• Separate criminal and civil action
Anti- Violence Against Women and their
Children Act – RA 9262
• Elements:
1)  The offender has or had 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.
3) The harassment alarms or causes substantial
emotional/psychological distress to her.
Magna Carta for Women- RA 9710
"VIOLENCE AGAINST WOMEN" refers to any act of gender- based violence that results in, or is
likely to result in, physical, sexual, or psychological harm or suffering to women, including
threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public
or in private life. It shall be understood to encompass, but not limited to, the following;
female children in the household, dowry-related violence, marital rape, and other traditional
practices harmful to women, non-spousal violence, and violence related to exploitation;
2) Physical, sexual, and psychological violence occurring within the general community,
including rape, sexual abuse, sexual harassment, and intimidation at work, in educational
institutions and elsewhere, trafficking in women, and prostitution; and
3) Physical, sexual, and psychological violence perpetrated or condoned by the State,
wherever it occurs.
It also includes acts of violence against women as defused in Republic Acts No. 9208 and
9262
Parties
• 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.
• 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.
How committed – RA-7877
• SECTION 3.
• (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 or diminish 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.
• (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.
Kinds;
1. QUID PRO QUO
• Sexual favors are elicited in return for something else.
• Can be committed by a single act
• Present whenever 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 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 considerations, or whenever the refusal to grant sexual favor
would impair employees rights and privileges under existing labor law
2. HOSTILE ENVIRONMENT CASES
• Employees/students work/study in an offensive or abusive
environment.
• Although a single act of the defendant may be enough, generally,
repeated incidents create a stronger claim of hostile environment,
with the strength of the claim depending on the number of incidents
and the intensity of each incident.
• Solicitation of sexual favors/refusal to grant the same would result in
an intimidating, hostile, or offensive environment for the employee
• When the sexual advances result in an intimidating, hostile, or
offensive environment for the student/trainee/apprentice.
REQUISITES
1)  The plaintiff was subjected to sexual advances,
requests for sexual favors, or other verbal or physical
conduct of sexual nature
2)  That this conduct was unwelcome
3)  That the conduct was sufficiently severe or pervasive
to alter the conditions of the victim’s employment and
create an abusive working environment
Standard of Conduct
• Environment is hostile if a person of ordinary prudence would not
have been engaged in the allegedly harassing conduct
• Standard of a reasonable man/woman
Gender-conscious examination