Legal Issues Affecting Students

Discussion on
STUdenTS’ RighTS and ReSponSibiliTieS

ATTY. JULIUS A. BABISTA

Director, Office for Student Affairs,
Economics and Law Professor
ADAMSON UNIVERSITY
Member, Integrated Bar of the Philippines

AB Economics, Adamson University, 1997

Master of Economics, De La Salle University, 2002
Bachelor of Laws, Adamson University, 2003
Students’ Rights
and Wrongs
By: Ulan P. Sarmiento
Students’ Rights and Wrongs
PART I
Introduction: Bill of Rights vis-à-vis
Student Rights

PART II
Constitutional Rights of Students;
Limitations
PART I: Introduction: Bill of Rights
vis-à-vis Student Rights

As citizens, STUDENTS
enjoy the protection and
guarantee to all persons
under the Bill of Rights
and these rights are
carried by a student even
upon entering school
campus.
However…
―x x x constitutional
rights outside the school
and constitutional rights
in the school are merely
analogous, not univocal.‖
- Rev. Fr. Joaquin Bernas, SJ
Rights of Students Outside the School
The rights outside the school are those
enjoyed by everyone within a society x x x.
Because of the broad goals of the State
and the great variety of people in a State,
the rights within a State are necessarily
broad. Moreover, there are many things
which can damage or destroy a smaller
society which cannot harm the State.
Rights of Students Inside the School

A school, however, is a specialized

society with narrowly drawn goals.
Only those who agree with the goals
of the school are expected to enroll.
The goals of the school x x x can be
damaged by actions which would
normally be tolerated in the larger
society.
Hence—

Rights of those who enroll in a school

are those which will not conflict with the
constitutional rights in the larger
society.
 CONCLUSION

The State society (including the students) has

rights; so do schools. Philippine jurisprudence
recognizes what are called the four (4) Pillars of
Academic Freedom to decide—
a) Who may enroll;
b) Who may teach;
c) What will be taught; and
d) How teaching is to be
carried out
 In other words…

Students enjoy RIGHTS even inside the

school campus
BUT…
the exercise should not conflict with the
RIGHTS of the SCHOOL as an institution
Otherwise…
the exercise thereof shall be WRONG!
 PART II: Student Constitutional
Rights and Wrongs

First: RIGHT TO QUALITY EDUCATION

Article XIV, Sec. 1, 1987 Constitution
―The State shall protect and promote
the right of all citizens to quality
education at all levels and shall take
appropriate steps to make such education
accessible to all.‖
 What is QUALITY EDUCATION?
―x x x making sure that basic education is
really solid, because if it is not solid, it
affects the quality of secondary education. If
secondary education is poor, then the person
goes to college unprepared for college work.
And if he is allowed to graduate again with a
poor quality college education, he goes to
university professional education even more
unprepared.‖
- Rev. Fr. Joaquin Bernas, SJ
 In short—

A school, before
promoting or
graduating a student,
must be sure that
he/she (the student) is
functionally literate to
go through next
higher level.
 Two (2) Basic Methods of Ensuring
Quality Education

A. Continuous Evaluation of Faculty

and Staff Competence and
Efficiency

B. Evaluate Students: Determine

Level of Learning Competencies
 To ensure Quality Education:

A. Evaluate Teacher to ensure they are

ALWAYS efficient and competent
Teacher is obliged to:
―Be accountable
for efficient and
effective attainment
of specified learning
objectives x x x.‖
 In Evelyn Peña vs. NLRC, the SC said—
―x x x schools can set high
standards of efficiency for its
teachers since quality
education is a mandate of the
Constitution x x x (s)ecurity of
tenure x x x cannot be used to
shield incompetence.‖
• Duty to continually evaluate
teachers
 B. Evaluate Students: Determine
Level of Learning Competencies

MRPS, Section 79—

―Basis for Grading. – The xxx grade
or rating x x x in a subject should
be based solely on his scholastic
performance. Any addition or
diminution to the grade in a
subject for co-curricular activities,
attendance, or misconduct shall not
be allowed xxx.‖
 … and Report to Students and Parents

Section 16 (3), BP 232—

―Render regular
reports on
performance of each
student and to the
latter and latter’s
parents x x x.‖
In Reporting—
Students’ have the right—
Section 9 (4)—
―The right to access to
school records x x x.‖

and Section 9 (5)—

―x x x issuance of
(school records) within
30 days from request.‖
But…
WRONG to demand quality education from private
school and be evaluated of his/her scholastic
competence and be given access to school records if
students refuse to pay tuition and other school fees.
―One must x x x recognize that
it costs money to maintain high
standards of education x x x.
(A)s to private schools, what is
demandable of them is only
commensurate to the tuition and
fees they are allowed to charge
and the student is able to
afford.‖
 In Julia L. Tan, et al. vs. CA, the SC said—

―x x x since (parents of
students) have failed to comply
with the conditions and
prerequisites for admission, i.e.
x x x payment of duly approved
tuition fees x x x the school
cannot be regarded as having
acted arbitrary or capriciously
in refusing to re-enroll (their)
children.‖
 Section 72, MRPS—

―Withholding of Credentials – The release of

xxx (school records) of any pupil or student
may be withheld for reasons of xxx non-
payment of financial obligations or property
responsibility of the pupil or student to the
school. The (records) shall be released as soon
as his obligations shall have been settled xxx.‖
Second: RIGHT TO STAY IN SCHOOL

Section 9 (2), BP 232—

Students have:
―(t)he right to freely choose
their field of study x x x and to
continue their course therein up
to graduation x x x.‖
 Section 61, MRPS—
―x x x student who qualifies for
enrollment is qualified to stay for the
entire period in which he is expected to
complete the course in a school x x x.‖
 In Ariel Non, et al. vs. Dames II, et al., the
Supreme Court, in rejecting the ―termination
of the contract theory‖ said—

―x x x contract between school and

student is not an ordinary contract. It
is imbued with public interest x x x.‖
 BUT...
WRONG for student to still insist on staying in
school if…
The student incurs—
(a) Academic delinquency
(b) Violations of school rules and
regulations
OR
(c) If the school for just cause effects
closure of Program or closure of
the school itself
 Closure of Program or Closure of
School Itself

Supreme Court in Capitol Medical Center vs. CA (178

SCRA 493) declared--
―The contract between the college and the
student who is enrolled and pays the fees for
the semester is for the entire semester only, x x
x. The law does not require a school to see a
student through to the completion of his course.
If the school closes x x x at the end of the
semester, the student has no cause of action for
breach of contract against the school.‖
 Academic Delinquency

In University of San Agustin vs. CA, the Supreme

Court said—
―While it is true that an institution of
learning has a contractual obligation to
afford its student a fair opportunity to
complete the course they seek to pursue
xxx (w)hen a student xxx fails to maintain
the required academic standards, he
forfeits his contractual right xxx.‖
 Violation of School Rules

Schools are obliged to maintain

school discipline. To comply with
mandate, schools are allowed to
impose sanctions such as—
a) Exclusion;
b) Non-readmission; or
c) Expulsion
HOWEVER…
 MRPS, Section 77 —

―x x x No disciplinary
sanctions shall be
applied x x x except for
cause x x x and after
due process shall have
been observed, x x x.‖

In short students have…

 Third: RIGHT TO DUE PROCESS
In Diosdado Guzman vs. National
University, Supreme Court dictated the
minimum requirements of DUE PROCESS--
1) Student informed in writing of
nature and cause of accusation;
2) Student shall answer charges, with
assistance of counsel;
3) Student shall be informed of
evidence against him;
4) Student shall have the right to
adduce evidence;
5) Evidence must be considered by the
school authority to hear and decide
the case.
 Hence, the following are WRONGS to
assert—

MYTH
(a) NOTICE – for college students – notice
should be given BOTH to students and
his/her parents

FACT
Guzman vs. Ateneo – Notice to student
sufficient. If in Grade or High School,
parents notice necessary.
MYTH
(b) Notice of charge must ―be drawn with
the precision of criminal complaint.‖
FACT
ADMU vs. Capulong – Disciplinary case in
school ―x x x is not subject to rigorous
requirements of criminal due process
particularly with respect to specification of
the charge involved. x x x Accordingly,
disciplinary charges against a student need
not be drawn with the precision of a
criminal information or complaint.‖
MYTH
(c) That Representation of Legal Counsel is a
MUST and school, if student is unable to
get or afford one, SHALL secure one for
him.
FACT
It is enough for the school to merely inform
the student of his right to be assisted by a
lawyer, and is NOT obliged to secure one
for him. The absence of the lawyer shall
not invalidate proceedings.
MYTH
(d) The student respondent or his counsel
must be accorded the right to cross-
examination of witnesses against the
student
FACT
In ADMU vs. Capulong--
―Granting that they were denied (cross-
examination) opportunity, the same may be
said to detract from the observance of due
process, for disciplinary cases involving
students need NOT NECESSARILY include
the RIGHT to cross-examination.‖
 Courts Do Not Intervene With Factual
Findings of Schools Except…
(a) Finding is based on speculation;
(b) Inferences made are BLATANTLY
mistaken, absurd or impossible;
(c) Grave abuse of discretion;
(d) Misapprehension of facts;
(e) The tribunal, in arriving at its findings,
goes beyond the issues of the case
AND…
(f) If there is clear showing of denial of DUE
PROCESS
ISSUE

Whether or not the authority of the

school to discipline students applies
even OUTSIDE of the school
premises and beyond class hours.
 ANSWER

In Sison vs. Angeles (112 SCRA 26), the SC in

answering in the affirmative declared--
―A college, x x x has a dual responsibility
to its students. One is to provide
opportunities for learning and the other is to
help them grow and develop into mature,
responsible, effective and worthy citizens of
the community. Discipline is one of the
means to carry out the second
responsibility.‖
 ―x x x there are instances when the school
might be called upon to exercise its powers
over its students x x x for acts outside the
school and beyond school hours in the
following:
(a) In cases of violation of school policies
or regulations occurring in connection with
a school-sponsored activity off-campus; or

(b) In case where the misconduct of the

student involves his status as a student or
affects the good name or reputation of the
school.
 Fourth: RIGHT TO ASSOCIATIONS

Article III, Section 8, 1987 Constitution—

―The right of people, x x x to form
x x x associations or societies for
purposes not contrary to law.‖
Section 9 (8), BP 232—

―Rights of Students in School. x x x‖

―(8) The right to form,
establish, join and
participate in organizations
and societies x x x or to
form, establish, join and
maintain organizations and
societies for purposes not
contrary to law.‖
 Thus, no school can prohibit the
formation of association not contrary to
law NOR compel its students to join
them, or NOT to JOIN them.
For the right of individuals to associate
or to refrain from association ought to be
protected x x x as an individual liberty is
protected.
 But…

WRONG for students to

form or join organizations if
the exercise presents the
clear and present danger of a
substantive evil which the
school have the right to
prevent.
-OR-
(a) Purpose of the organization is contrary to
law or mission, vision of school;
(b) Organization undermines the school’s
legitimate goals and welfare of students.
-OR-
(c) If the association is
formed for the purpose
of asserting an
unpreferred right
contrary to the school’s
own preferred right.
Further, WRONG to assert that the freedom of
Association includes the Right to Compel School
Recognition of the Student Organization.
―Recognition‖ – implies full
compliance by the student
organization with the school
rules and regulations
– with recognition are
attached the enjoyment
of privileges, use of
school name and
facilities
 BUT…
Formation of Sororities / Fraternities May
Be Forbidden Because—
(1) They subvert the legitimate goals of
the school; and
(2) Students are constrained to submit
to school regulations which promote
discipline and school objectives.
ALSO
DepEd prohibits the organization
of fraternities and sororities in
basic education levels.
 Fifth: RIGHT TO SPEECH,
EXPRESSION OR THE PRESS
(or Conduct of Student Assemblies)

Article III, Section 4, 1987 Constitution—

―No law shall be passed
abridging the freedom of
speech, of expression, or the
press or the right of the people
peaceably to assemble and
petition the government for
redress of grievances.‖
Section 9 (7)—

―7. The right to free

expression of opinions
and suggestions and to
effective channels of
communication with
appropriate academic and
administrative bodies of
the school x x x.‖
SPEECH / EXPRESSION
In our system, x x x schools may not be
enclaves of totalitarianism. In our system,
students may not be regarded as closed-
circuit recipients of only that which the
school chooses to communicate. In the
absence of a specific showing of
constitutionally valid reasons to regulate
their speech, students are entitled to
freedom of expressions of their views…
[and] school officials cannot suppress
―expressions of feelings with which they do
not wish to contend.‖
 Hence…
A school cannot even invoke academic
freedom as the basis for punishing students
for their legitimate exercise of their freedom of
speech, expression or press within the school
ground.
 But…
WRONG for students to assert certain forms
of communication which are NOT considered
―Protected Expression‖ or ―Protected Speech‖
These are--
(a) Obscene
(b) Defamatory
(c) Fighting Words
(d) Certain forms of criminal speech
and invasion of privacy
IMPORTANT:

A school rule must

however be sufficiently
precise in pointing out
exactly what is
prohibited.
 The right of students to free speech
in school premises, x x x, is not
absolute. The right to free speech
must always be applied in the light of
the special characteristics of the
school environment.
ALSO…

WRONG for students to…

―x x x hold a demonstration against
the university during which they
barricaded and blockaded the entrances
and exits of the school x x x.‖
If ―physical force, threat, intimidation, and
destruction were employed to disrupt the
classes‖ and if ―the demonstration was far
from peaceful‖ – such expression may be
curtailed.
FREEDOM OF THE PRESS

―It is the policy of the State to

uphold and protect the freedom
of the press even at the campus
level x x x.‖
R.A. 7079: ―Campus Journalism
Act of 1991‖

Definition of terms to determine

coverage of law:
1. School – an institution for
learning in the elementary,
secondary or tertiary level
composed of the studentry,
administration, faculty and
non-faculty personnel;
2. Student Publication – The issue of
any printed material that is
independently published by, and
which meets the needs and
interests of the studentry;
3. Student Journalist – Any bonafide
student enrolled for the current
semester or term, who has passed
or met the qualification and
standards of the editorial board.
He must likewise maintain a
satisfactory academic standing;
4. Editorial Board
In the tertiary level:
- shall be composed of student
journalists who have qualified in
placement examinations
- include a publication adviser
5. Editorial Policies – A set of guidelines
by which a student publication is
operated and managed, taking into
account pertinent laws as well as the
school administration’s policies. Said
guidelines shall determine the
frequency of publications, the manner
of selecting articles and features and
other similar matters.
Rule IV, Section 2—
―xxx Once the publication is
established, its editorial board shall
freely determine its editorial policies
and manage the publication funds.‖
 Rule V, Section 1, FUNDING of
Student Publication—

Release of Funds:
―In both xxx private schools, all student
publication funds shall be automatically
released to the student publication staff
one month after the 1st day of
enrollment.‖
 Rule V, Section 2, Preparation of
Student Publication Budget—

1. The editorial board shall prepare the

student publication budget for each
semester/year.
2. The budget shall be posted on the
school bulletin board and published in
the student publication.
3. The budget shall include expenses for
the printing costs of the student
publication, transportation, and needs
of the staff and the teacher-adviser.
4. Disbursements of student publication
funds shall be made according to
accounting and auditing regulations.
 Rule V, Section 3, Publication Fee—

1. The editorial board, in coordination

with the school administration, may
provide a mechanism for the collection
of publication fees from the students.
2. The fee shall be determined by the
editorial board in consultation with the
student body.
3. In elementary and secondary schools,
the editorial board shall determine the
publication fee for each individual student
in consultation with the student body.
4. The publication funds shall be deposited in
the account of the student publication in an
authorized depository bank through at
least two (2) authorized signatories of the
editorial board.
 Rule V, Section 4, Printing of Student
Publication—

―The printing of the student

publication by a private printer shall be
conducted by the editorial board and
the student publication staff through
canvass or public bidding.‖
 Rule V, Section 5, Financial Report of
Expenses—

1. Shall be prepared by the editorial board

and student publication staff at the close
of the school year for the elementary and
secondary levels, and every semester for
the tertiary level;
2. A certified public accountant shall
properly audit the expenditures;
3. The audited summary financial
statement shall be published in the
student publication at the end of the
school term.
 Rule VI, Section 1, Publication
Adviser—

The faculty adviser of a tertiary publication

shall be selected by the school
administration from a list of
recommendee submitted by the
publication staff. The function shall be
one of technical guidance.
 Rule VII, Section 1, Selection of
Student Staff Members—

The selection of the chief editor and other

members of the staff of tertiary student
publications shall be through competitive
examinations prepared, conducted and
supervised by a committee composed of the
school administration, one faculty member,
one mass media practitioner who is acceptable
to both (school administration and editorial
board) and two past editors to be chosen by
the outgoing editorial board.
In fact RA 7079 provides--
―Once a student publication is
established, the student editorial
board are free to determine its own
policies and manage publication
funds.‖
 Section 7 of RA 7079 or the Campus
Journalism Act provides that—

―A member of the publication staff

must maintain his or her status as
student in order to retain membership
in the publication staff. A student shall
not be expelled or suspended solely on
the basis of articles he or she has
written, or on the basis of the
performance of his or her duties in the
student publication.‖
BIG QUESTIONS:

So… Can students write and

publish articles that are
considered by the administration
as ―obscene‖, ―vulgar‖,
―indecent‖, ―gross‖, ―sexually
explicit‖, ―injurious to young
readers‖ and ―devoid of all moral
values‖?
 In the poem ―Virgin Writes
Erotic‖, the last verse said: ―At
zenith I pull it out and find myself
alone in this fantasy.‖ Opposite
the page was a drawing of a man
asleep and dreaming of a naked
woman lying in his bed on her
buttocks with her head up.
 Malas ang Tatlo
Na picture mo na ba
No’ng magkatabi tayong dalawa
Sa pantatluhang sofa-
Ikaw, the legitimate asawa
At ako, biro mo, ang kerida?
Tapos, tumabi siya, shit!
Kumpleto na:
Ikaw, ako at siya
Kulang na lang, kamera.
 Sa Gilid ng Itim
―karneng sariwa, karneng bata,
karneng may kalambutan…
Isang bahid ng dugong dalaga,
Maamot’ malasa ipahid sa mga
labing sakim sa romansa….
Hinog na para himukin bungang
bibiyakin.‖
Such shall be a WRONG assertion of a Right.
For in Miriam College vs. CA, et al., the SC
said—

―The right of the students to free

speech in school premises, however, is
not absolute. The right to free speech
must always be applied in light of the
special characteristics of the school
environment. Thus, while we upheld the
right of the students to free expression
in these cases, we did not rule out
disciplinary action by the
school for ―conduct by the student, in
class or out of it, which for any reason --
whether it stems from time, place, or type
of behavior -- which materially disrupts
classwork or involves substantial
disorder or invasion of the rights of
others.‖
xxx xxx xxx
―x x x we read Section 7 of the Campus
Journalism Act to mean that the school
cannot suspend or expel a student
solely on the basis of the articles he or
she has written, except when such
articles materially disrupt class work or
involve substantial disorder or invasion
of the rights of others.‖
Expression: Through FASHION
Can a Student assert Freedom of Expression
and freely wear any attire, fashion or clothes
even if it is contrary to school rules?

NO, such shall be a STUDENT WRONG!!

In the Alma Concepcion case, UST refused her
re-admission for posing as calendar girl wearing
only skimpy clothes. Based on University rules
such was prohibited.
 The CHED commenting on the
decision of UST stated—

―It is the position of CHED, xxx higher

education institution have the right to
select their students pursuant to:

a) Reasonable and equitable admission

policies x x x duly published and
communicated to the public x x x;
and
(b) Such policies should
not transgress well-
settled constitutional
safeguards on due
process and equal
protection.‖
 Sixth: RIGHT TO RELIGION

Article III, Section 5, 1987 Constitution—

―No law shall be made xxx prohibiting
the free exercise (of religion). The free
exercise and enjoyment of religious
profession and worship, without
discrimination or preference, shall
forever be allowed x x x.‖
 In Ebralinag vs. Division Superintendent
of Schools of Cebu, et al., the SC said—

―We hold that a similar

exemption may be accorded
to the Jehovah’s Witnesses
with regard to the
observance of the flag
ceremony out of respect for
their religious beliefs,
however ―bizarre‖ those
beliefs may seem to
others.‖32
 DepEd Order No. 53, s. 2001—

―x x x all schools,
both public and
private, are directed to
review their policies so
that the religious rights
of students are
protected and
strengthened.‖
 Specifically, Muslims students—

(a) Female – allowed to use their veil or

headdress (hijab) inside school campus;
(b) In PE classes, Muslim girls shall not be
required to wear shorts; they shall be
allowed to wear appropriate clothing in
accordance with their religious beliefs;
(c) Muslim students shall not be required to
participate in non-Muslim religious rites.
But…
WRONG for students to assert freedom of
religion to exempt him/her from the religious
policy of school.
Reason – students are not
deprived of their freedom of
religion in school, but upon
enrollment in a religious school
—they have asserted that right
by choosing to abide by school’s
religion when they voluntarily
enrolled therein.
SEVENTH
RIGHT TO PRIVACY
Article III, Section 2, 1987 Constitution—

―The right of the people to secure in

their persons, houses, papers and
effects against unreasonable searches
and seizures of whatever nature and
purpose shall be inviolable.‖
US Supreme Court in New Jersey vs. TLO ruled--

―(The Constitution) x x x
does not require school
officials to obtain a warrant
or show probable cause
before searching a student
who is under their authority;
rather, the constitutionality
of the search depends on
its reasonableness in two
steps:
1) Under ordinary circumstances, the search of a
student at its inception requires reasonable
grounds for suspecting the search will turn up
evidence that the student has violated either
the law or the rules of the school;

2) The scope of the search

must be reasonably related
to the objectives of the
search, the age and sex of
the student, and the nature
of the infraction.
(underscoring supplies)
 Random Drug Testing for Colleges and
High School Students

RA 9165 – ―Comprehensive Drugs Act of 2002‖

Section 36—
―Authorized Drug Testing xxx shall be
done by government on xxx
(c) Students of secondary and tertiary
schools shall xxx undergo random drug
testing xxx.‖
Procedure in Conduct of Random Drug Testing
(Board Resolution No. 6, series of 2003,
Dangerous Drugs Board)
Section 32—
a) The supervising agency shall inform
randomly selected schools (and their
parents) on their inclusion in the testing.
b) The WHOLE student population shall be
included.
c) The number of samples should yield a
statistical 95% confidence level for the
whole population
 Expenses incurred in testing—

“xxx shall be done (shouldered) by

the government through the Department
of Health xxx.”
 Test results, per Board
Resolution No. 6, series of
2003 shall be revealed
ONLY to the student and
his/her parents.
 How about the School?

May conduct its own drug testing.

Reason:
“School’s parental responsibility
over students/pupils. As parents,
they have the obligation to ensure
welfare and safety of students.”
Because

 Prohibited drugs are a RISK to the health

of users
AND
 Safety of others from violence that may be
perpetrated by use
Random testing by school – to
choose only student but NOT
all on the basis of a
―reasonable ground‖.
 Doctrine of „Rational Basis‟ to justify drug testing on
chosen students must comply with the following—

 Under ordinary circumstances, the searches (or

test) of a student will turn up evidence that
student has violated either law or of the school
 The scope of the search must be reasonably
related to the objectives of search (or test), the
age and sex of student, and the nature of the
infraction.
Eighth: RIGHT TO CONFIDENTIALITY

BP 232, Section 9 (4), Rights of Students—

―x x x the CONFIDENTIALITY of which
the School shall maintain and preserve.‖
Covers Classified/Strictly confidential records
a) Personal records;
b) Academic records/reports;
c) Birth certificates;
d) Adoption papers;
e) Medical/guidance reports; and
f) Disciplinary records.
 Other than the student to whom the school
records belong, they may not be divulged to
any other person. For, such records may be
obtained only--
―x x x upon lawful order of the
court, or when public safety or
order requires otherwise as
prescribed by law.‖
 But…

WRONG to assert confidentiality over

―Unclassified‖ or ―Non-classified‖ RECORDS,
-OR-

Records that should necessarily be made

public to enable the State and students or
parents to determine the legal existence and
the operation of the school and assess school
performance.
Such records are--
(a) Enrollment lists;
(b) Class and teacher’s programs;
(c) Teaching contracts;
(d) Directory of graduates;
(e) School annuals;
(f) Catalogs;
(g) Approval of courses;
(h) Permits and recognition; and
(i) Statistical records
Sexual Harassment
(Republic Act No. 7877)
 The Problem That Had No Name
Sexual harassment is a problem that
many, particularly women, had had to deal
with since time immemorial although we did
not have a name for it.
1) ―Droit du seigner‖ - the right of the
first night for instance, gave each
medieval lord the right to have first
sexual access to any female serf who
married on his landholdings.
 2) Race-related sexual aggression was
usually associated with the possession of
legal and property rights of slave-owners
over their slaves;

3) Class-based harassment of women

derived from the superior economic
position and authority of male harassers
over working class women.
 In the Philippines, women workers
call it--

1) ―lie down or lay off‖ policy

2) ―kuatro or kuwarto‖
3) ―road test‖
 Modern Concept of Sexual Harassment

In Villarama vs. NLRC, which was decided by

the Supreme Court before September 1, 1994
(that is, before the enactment of RA 7877), the
Court already made references to sexual
harassment as a valid cause for dismissal,
declaring--
―Sexual harassment abounds in all sick
societies. It is reprehensible enough but
more so when inflicted by those with moral
ascendancy over their victims. We rule that it
is a valid cause for separation from service.‖
 Finding a valid ground for dismissing the
manager, the Supreme Court said:
―x x x As a managerial employee,
petitioner is bound by a more exacting
work ethics. He failed to live up to this
higher standard of responsibility when he
succumbed to his moral perversity and
when such moral perversity is perpetrated
against his subordinate, he provides a
justifiable ground for his dismissal for lack
of trust and confidence. It is the right, nay,
the duty of every employer to protect its
employees from over-sexed superiors.‖
RA 7877: Sexual Harassment—

―x x x teacher x x x having
authority, influence, or moral
ascendancy over another x x x in
education environment, demands,
requests or otherwise requires
sexual favor from other, regardless
of whether the demand, request or
requirement for submission is
accepted x x x.‖
 In school, sexual harassment is
committed—

a) Against one who is under the care, custody or

supervision of the offender;
b) Against one whose education, training,
apprenticeship or tutorship is entrusted to the
offender;
c) When the sexual favor is made a condition for
passing, or for the grant of honors and scholarships,
or for the payment of a stipend, allowances or other
benefits, privileges or considerations; or
d) When the sexual advances result in an
intimidating, hostile or offensive environment
for the student trainee or apprentice.
 Section 3 of RA 7877 describes further the
elements of the offense as follows:
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, conditions,
promotions, or privileges; or the refusal to
grant the sexual favor
results is limiting, segregating or classifying
the employer 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
intimidating, hostile, or offensive environment
for the employee.
 Major Characteristics of SEXUAL
HARASSMENT

1) The behavior is unwanted or unwelcome;

2) The behavior is sexual or related to the sex or
the gender of the person;
3) The behavior occurs in context of a relationship
where one person has more formal power than
the other or more informal power.
Forms and Types of Sexual Harassment
I. FORMS
Sexual harassment can be (a) visual; (b)
verbal; (c) physical; and (d) gestural.
II. TYPES
Quid pro quo sexual harassment happens
when the harasser demands sexual favors as a
condition for hiring or promotion, or in the
academic environment, as a condition for
passing the exam or the subject (kuwarto o
kwatro).
 It also includes threats of retaliation if the
harasser does not get what he wants.
Hostile work environment - there is no need
for an explicit or implicit promise of benefit or
threat of harm if the victim refuses to submit to
the harasser’s demands.
It is sufficient that the unwelcome sexual
conduct creates an ―offensive, hostile,
oppressive and intimidating work
environment‖ even if there are no economic
consequences.
 Bystander harassment is also another
form. Even if complainant is not directly the
victim, fact that SH is pervasive in school,
there may still be hostile environment,
should the sexually harassing conduct
permeate her immediate environment and
she witnessed it personally.
 Sexual Favoritism – it occurs when a
student or employee receives benefits as
a result of his/her submission to sexual
advances or requests for sexual favors.
The victims of the harassment may be
the other students/employees who are
treated unfairly because they are not
objects of the romantic interest of a
supervisor.
Specific Forms

1) Sexual innuendos, comments, or bantering;

2) Asking or commenting about a person’s sexuality;
3) Humor or jokes about sex or females in general;
4) Persistent sexual attention, especially when it
continues after a clear indication that it is
unwanted;
5) Asking for sexual behavior;
6) Touching a person, including patting, pinching,
stroking, squeezing, hugging or brushing against his
or her body;
7) Touching or grabbing a person’s breasts, crotch, or
buttocks;
8) Giving a neck or shoulder massage;
9) Leering or ogling, such as ―elevator eyes,‖ or staring
at a woman’s breast or body;
10) Spreading rumors about a person’s sexual
activities;
11) Calling women names such as ―hot stuff‖, ―cutie
pie‖, ―bitch‖, ―whore‖, or ―slut‖;
12) Making obscene or sexually suggestive
gestures or sexual sounds such as sucking or
kissing noises;
13) Sexual graffiti in general or about a particular
person;
14) Using sexual ridicule to denigrate or insult a
person;
15) Sending sexual mail, notes, e-mail, or making
sexually explicit phone calls;
16) Sending, giving, showing, or displaying sexual
materials, including pornography, sexual
pictures, cartoons and calendars;
17) Laughing at or not taking seriously someone
who experiences sexual harassment;
18) Blaming the victim of sexual harassment for
having caused it;
19) Making denigrating, sexist remarks about
women in general or about a particular
woman;
20) Stalking a person either on or off campus;
21) Direct or indirect threats or bribes for sexual
activity; and
22) Attempted or actual sexual assault or abuse.
 Other Forms
1) Shouting obscenities at women as they pass a
fraternity house or other place where men gather;
2) Loudly discussing a woman’s sexual attributes
and rating her attractiveness, a practice called
―scoping‖;
3) Mooning women, whereby men aggressively
expose their buttocks;
4) Pulling down women’s shorts or pants;
5) Creating a sexually demeaning atmosphere,
such as displaying posters and pictures that are
sexist or otherwise demeaning to women, or
having social events focusing on women’s
sexuality, such as wet T-shirt contests;
6) Showing petty hostility to women by throwing
things, pouring drinks over women’s heads or
on their breast, heckling women when they
enter a room, or making sexual remarks;
7) Body passing at stadiums;
8) Biting a woman (―sharking‖); and
9) Threatening rape or other sexual abuse
THE PROBLEM:

How to distinguish
―Harmless Fun‖
from ―Offensive
Conduct‖
 SOLUTION:

Adopt the ―reasonable woman‖

standard to determine whether a
conduct is unwelcome and
sufficiently pervasive to amount to
sexual harassment.
Duty of the Head of Office in an
Education or Training Environment

Section 4 of RA 7877--
―SEC. 4. Duty of the Employer or Head of
Office in a Work-related, Education or
Training Environment x It shall be the duty of
the employer or the head of x x x 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 jointly 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.
 (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 an educational or training

institution, the Committee shall be composed of
at least one (1) representative from the
administration, the trainors, teachers, instructors,
professors or coaches and students or trainees,
as the case may be.
 It also imposed the duty upon the employer to
disseminate or post a copy of RA 7877 for the
information of all concerned.

Republic Act No. 7877 states very clearly that

the employer or head of office, educational or
training institution shall be solidarily liable for
damages arising from the acts of sexual
harassment if such employer or head of office is
informed of such acts by the offended party and
no immediate action is taken thereon.
 In order to avoid liability, the head of office is
tasked to promulgate procedures for the
resolution, settlement, or prosecution or sexual
harassment cases, and the appropriate
administrative sanctions. For this purpose, a
committee is created with the corresponding
membership from duly designated representatives
from the employees. Among the duties of the
Committee are:
1) To conduct meetings with the officers,
employees, trainees and apprentices to
increase understanding and prevent
incidents of sexual harassment.
2) To promulgate the appropriate rules and
regulations prescribing the procedure for the
investigation of sexual harassment cases
and the administrative sanctions therefor.

3) To receive complaints, investigate and hear

sexual harassment cases, prepare and
submit reports with the corresponding
recommendations.
When to File Complaint

Within what period should such

complaints in the workplace be made?
The law is silent on this aspect; it is up
for the school policy to determine.
Likewise, it is silent as to which
government agency is responsible for
the implementation of the statute.
SUMMARY
Importance of Developing a Campus Program
on Sexual Harassment

The entire school community suffers

when sexual harassment is allowed to
pervade the academic atmosphere
through neglect, the lack of a policy
prohibiting it, or the lack of educational
programs designed to clarify appropriate
behavior on campus and to promote
understanding of what constitutes sexual
harassment.
 Obligation of Institutions

Each institution as the obligation, for

educational and moral, as well as legal
reasons, to develop policies, procedures
and programs that protects students and
employees from sexual harassment and
to establish an environment in which
such an acceptable behavior will not be
tolerated.
Key Components of Effective Campus
Programs
1) The objective of the policy--
a) Discourage acts considered to be sexual
harassment;
b) Encourage community members to report
incidents considered to be sexual
harassment at the earliest possible stage;
c) Make clear that sanctions will be enforced;
and
d) Provide protection for the institution against
claims of unreported sexual harassment.
The policy should--
1) Familiarize all community members with
the definition of sexual harassment and
the forms it can take;
2) Clearly state prohibition against sexual
harassment and that it will be punished if
committed.
3) Instruct victims of the course of action
they should take to report sexual
harassment; and
4) Clarify the rights of those accused of
sexual harassment.
Key Elements of Sexual Harassment
Policy

1) A basic definition;
2) A strong policy statement;
3) Effective communication;
4) Education;
5) A accessible and effective
grievance procedure; and
6) Effective investigation and
resolution of sexual harassment
complaints
 STORY

Sa isang school sa Taft, kamakailan:

―Hmmmmmm ang bango ng buhok mo!‖

puri ng isang professor sa isang
magandang estudyante na nakasalubong
niya sa corridor ng paaralan.
Ang estudyante ay nagalit at
nagsumbong kaagad sa OSA:
―Gusto ko pong kasuhan ng Sexual
Harassment iyong manyak na professor,‖ at
ikinuwento ng estudyante ang nangyari.
 Ang taga-OSA ay nagtatakang
nagtanong: ―Ang ibig mong sabihin gusto
mong magsampa ng demanda dahil pinuri
ka ng professor na mabango ang buhok
mo?‖

―Ganon na nga po,‖ sagot ng estuyante.

―Eh, wala naman akong nakikitang

masama doon ah, at dapat ka pa ngang
matuwa.‖sbi ng OSA

―Pero ma’am, iyong professor po ay…

―UNANO!‖ Biktima
OSA Head

Manyak na professor
 Maraming Salamat Po!

For free legal advise/consultation:

Telefax 02.4000923
juliusbabista@yahoo.com
Office for Student Affairs
Adamson University