Biboso
vs. Villanueva
A.M. No.
MTJ-01-1356.April 16, 2001

This is an administrative complaint for sexual harassment against respondent Judge Osmundo Villanueva of the Fourth Municipal Circuit Trial Court, Bagumbayan-Esperanza, Sultan Kudarat.

Complainant said that she was again molested by respondent on September 4, 1996 inside the latter�s chamber in Esperanza, Sultan Kudarat.� According to complainant, she went to see respondent because he allegedly told her that she had to sign some papers in �connection with the issuance of a warrant of arrest.

In his Answer to the complaint, respondent denied having made any sexual advances against complainant at any time.� He claimed that complainant and her father-in-law, Cipriano Biboso, trumped up charges against him because he had dismissed two cases (Civil Case No. 71 entitled �LucitaBiboso v. Haide Navarra� and Criminal Case No. 1662-B entitled �Cipriano Biboso v. Heide Navarra�) filed by complainant and her father-in-law.� He contended that he could not have sexually molested complainant on August 20, 1996 in Esperanza because he was in Lebak, Sultan Kudarat from August 19-23, 1996, discharging his duties as Acting Presiding Judge of the First Municipal Circuit Trial Court for Lebak-Kalamansig, Sultan Kudarat.

The evidence presented during the investigation of the case fails to show that respondent sexually harassed complainant.� Contrary to her statement in her affidavit-complaint that respondent judge sexually molested her on August 20, 1996 inside his chamber in Esperanza, Sultan Kudarat, complainant testified during the investigation of this case that their meeting actually took place on August 27, 1996 in the courthouse in Bagumbayan, Sultan Kudarat, during which respondent merely shook her hand,

The inconsistencies between her testimony and complaint-affidavit, in contrast to the credible testimonial and documentary evidence presented by respondent, put in serious doubt the veracity of her claims.� Indeed, it appears, as respondent judge claims, that this case was filed to punish him for having dismissed the cases filed by complainant and her father-in-law, especially as the filing of this case came on the heels of the dismissal of the latter.� There could no other reason for complainant to turn against respondent when the latter had previously helped complainant in her legal problems to the extent of preparing her father-in-law�s complaint-affidavit for estafa against Navarra and even issuing a writ of execution in one case (Civil Case No. 71) and a warrant of arrest in another (Criminal Case No. 1662-B).� Furthermore, it took complainant more than a year after the commission of the alleged sexual harassment on September 4, 1996 to file the instant administrative complaint.� Even complainant's explanation as to why she executed her affidavit-complaint only on October 16, 1997 was conflicting.� She initially stated that she was only able to execute her complaint-affidavit for this case on said late date because rumors had spread by that time that she was respondent�s lover (kabit). During her cross-examination, however, she stated that she had to defer the execution of her complaint because she had to wait for her husband to come back from Manila.

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Republic Act No. 7877
Anti-Sexual Harassment Act of 1995

Section 1. Title. - This Act shall be known as the "Anti-Sexual Harassment 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.

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.

(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.

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.

Section 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. - It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution,� settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:

(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.

 

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