Civilian Supremacy Law

• AN ACT STRENGTHENING
CIVILIAN SUPREMACY OVER THE
MILITARY RETURNING TO THE
CIVIL COURTS THE
JURISDICTION OVER CERTAIN
OFFENSES INVOLVING MEMBERS
OF THE ARMED FORCES OF THE
PHILIPPINES, OTHER PERSONS
SUBJECT TO MILITARY LAW
• persons subject to military law who
commit crimes or offenses
punishable by the RPC and other
criminal laws shall be tried by the
proper civil court except when the
offense, as determined before
arraignment by the civil court, is
service-connected
 Examples of Crimes Punishable by the RPC,
Special Penal Laws?
• Murder
• Homicide
• Reckless Imprudence/Criminal Negligence
• Serious physical injuries
• Less serious physical injuries

Penalties for these crimes?

 Service Related Offenses
• service-connected crimes or offenses
shall be limited to those defined in
Articles 54 to 70, Articles 72 to 92,
and Articles 95 to 97 of
Commonwealth Act No. 408
Hazing (or Maltreatment?)
Stanford Prison experiment
Does power corrupt or enable?
 Definitions
Anti-Hazing Act of 1995

 Hazing - an initiation rite or practice as a

prerequisite for admission into
membership in a fraternity, sorority or
organization by placing the recruit,
neophyte or applicant in some embarrassing
or humiliating situations such as forcing him
to do menial, silly, foolish and other similar
tasks or activities or otherwise subjecting
 Definitions
Anti-Hazing Act of 2018

 Hazing – an act that results in physical or

psychological suffering, harm or injury
inflicted on a recruit, neophyte, applicant or
member as part of an initiation rite or
practice made as a prerequisite for
admission or a requirement for continuing
membership in a fraternity, sorority, or
organization
 Definitions
Anti-Hazing Act of 2018

 Hazing – “… including but not limited to

paddling, whipping, beating, branding, forced
calisthenics, exposure to the weather, forced
consumption of any food, liquor, beverage, drug
or other substance, or any other brutal treatment
or forced physical activity which is likely to
adversely affect the physical and psychological
health of such recruit, neophyte, applicant or
member.”
 Definitions
Anti-Hazing Act of 2018

 Organization - This term shall include the

Armed Forces of the Philippines (AFP), the
Philippine National Police (PNP), the Philippine
Miltary Academy (PMA), the Philippine National
Police Academy (PNPA), and other similar
uniformed service learning institutions.
 Anti-Hazing Act of 2018
Prohibition Against Hazing
 Sec. 3. Prohibition on Hazing. - All forms of hazing
shall be prohibited in fraternities, sororities, and
organizations in schools, including citizens' military
training and citizens' army training.
 the physical, mental, and practices to determine
and enhance the physical, mental, and
psychological fitness of prospective regular
members of the AFP …as approved by the SND…
duly recommended by the Chief of Staff of the AFP
and Director General of the PNP, shall not be
considered as hazing purposes of this Act
 Persons who may be Liable under the Anti-
Hazing Law
 those who actually planned or participated in the
hazing
 officers of the fraternity, sorority, or organization
who are actually present during the hazing
 adviser of a fraternity, sorority, or organization
who is present when the acts constituting the
hazing were committed and failed to take action
to prevent the same from occurring or failed to
promptly report the same to the law enforcement
authorities
 Persons who may be Liable under
the Anti-Hazing Law
 former officers, nonresident members,
or alumni of the organization who are
also present during the hazing
 Officers or members of an organization
who knowingly cooperated in carrying
out the hazing by inducing the victim to
be present thereat
 Penalties for Violations of the Anti-
Hazing Law
 reclusion perpetua and a fine of Three million
pesos…if, as a consequence of the hazing,
death, rape, sodomy, or mutilation results
 reclusion perpetua and a fine of Two million
pesos
 reclusion temporal in its maximum period and
a fine of One million pesos
 So are Cadet
Maltreatment
Practices/Offenses
Covered by the Anti-
Hazing Law?
It Depends.
 Anti-Torture Law
 Torture-
an act by which severe pain or suffering,
whether physical or mental, is intentionally
inflicted on a person for such purposes as
obtaining from him/her or a third person
information or a confession;
 Torture
• punishing him/her for an act he/she or a third
person has committed or is suspected of having
committed; or intimidating or coercing him/her
or a third person;

• punishing him/her for an act he/she or a

third person has committed or is suspected
of having committed; or intimidating or
coercing him/her or a third person;
 Torture
• or for any reason based on discrimination of
any kind, when such pain or suffering is
inflicted by or at the instigation of or with the
consent or acquiescence of a person in
authority or agent of a person in authority.
The Crime of Sexual Harrassment
DR I AM WET
 DR I AM WET
• Demand or
• Request
• Instructor, teacher, professor, coach, trainer or
any other person
• Influence, authority or moral ascendancy over
another
• Work, education or training environtment
 Are These Cases Sexual Harassment?
• A professor saying, “basta pasayain mo lang ako,
ako na bahala sa grade mo” while looking at the
student from head to foot.
• Offering to help an employee in a promotion then
asking what the employee could give in return
• Saying to a female OJT that the certificate of OJT
hours would easily be accomplished and arranged
while relaxing in a resort on the weekend
 Review of the Elements
• Aquino vs Acosta
- Respondent judge only committed casual
gestures of friendship and camaraderie
- In kissing the complainant we find no
indication that the respondent was motivated
by malice or lewd design
- A mere casual buzz on the cheek is not a
sexual conduct or favor
- most of the kissing incidents were done on
festive and special occasions
Now, Are these Cases Sexual Harassment?

• Stenographer case (Domingo vs Rayala)

• 4 years to raise the SH issue (Aelus
Automotive vs NLRC)
• Student cases (Co Untian Case)
 How Sexual Harassment May Be Committed
(Rayala case)
• Sexual harassment is an imposition of misplaced
"superiority" which is enough to dampen an
employee’s spirit and her capacity for advancement.
It affects her sense of judgment; it changes her life
• It is not necessary that the demand, request or
requirement of a sexual favor be articulated in a
categorical oral or written statement. It may be
discerned, with equal certitude, from the acts of the
offender.
 How Sexual Harassment May Be
Committed(Rayala case)
• Holding and squeezing Domingo’s shoulders,
running his fingers across her neck and tickling
her ear, having inappropriate conversations
with her, giving her money allegedly for school
expenses with a promise of future privileges,
and making statements with unmistakable
sexual overtones – all these acts of Rayala
resound with deafening clarity the unspoken
request for a sexual favor.
 How Sexual Harassment May Be
Committed(Rayala case)
• it is not essential that the demand, request or
requirement be made as a condition for
continued employment or for promotion to a
higher position.
• It is enough that the respondent’s acts result
in creating an intimidating, hostile or offensive
environment for the employee.
 How Sexual Harassment May Be Committed
(Aelus case)
• The gravamen of the offense in sexual harassment is
not the violation of the employee's sexuality but the
abuse of power by the employer.
• There is no time period within which he or she is
expected to complain through the proper channels.
• The time to do so may vary depending upon the
needs, circumstances, and more importantly, the
emotional threshold of the employee.
How Sexual Harassment May Be Committed
(Co Untian case)
• The essence of sexual harassment is not the
violation of the victim's sexuality but the
abuse of power by the offender.
• Respondent's conduct towards Sagarbarria,
Dal and Toyco created a hostile and offensive
environment which has no place in a learning
institution.*
 Distinguished from Misconduct
• Photographer case
 Distinguished from
• Unjust vexation
• Acts of lasciviousness
Questions?