p.16
Sexual Harassment Laws and Regulations
Does the Safe Spaces Act cover sexual harassment between peers?
Yes, it recognizes that sexual harassment can occur between peers.
p.1
Credibility of the Complainant
What is the general rule regarding the findings of trial courts on the credibility of rape victims?
They are normally respected and not disturbed on appeal.
p.1
Credibility of the Complainant
What is the primary evidence needed to prove the guilt of the accused in rape cases?
The testimony of the complainant herself.
p.14
Sexual Harassment Laws and Regulations
What system covers VAWC cases?
The Katarungang Pambarangay system.
p.1
Marital Rape and Consent
What are some duties assumed by a husband towards his wife?
To love, cherish, protect her, provide a home, and treat her kindly.
p.13
Safe Spaces Act and Gender-Based Sexual Harassment
What measures can LGUs take to prevent GBSH in educational institutions?
Information campaigns and anti-sexual harassment seminars.
p.10
Sexual Harassment Laws and Regulations
What constitutes sexual harassment?
Demanding, requesting, or requiring any sexual favor from others, regardless of acceptance.
p.1
Statutory Rape and Mental Retardation
What must the prosecution prove for a charge of statutory rape to prosper?
That the accused had carnal knowledge of the woman and that she is under twelve years of age.
p.10
Sexual Harassment Laws and Regulations
What are the consequences of refusing sexual favors in the workplace?
It may result in discrimination, limiting employment opportunities, or creating an intimidating environment.
p.7
Anti-Trafficking in Persons Act
What actions are prohibited regarding the advertisement of trafficking in persons?
Advertising, publishing, printing, broadcasting, or distributing materials that promote trafficking.
p.16
Sexual Harassment Laws and Regulations
What role do employers have in preventing gender-based sexual harassment?
Employers must disseminate the law, conduct seminars, and create an internal mechanism for complaints.
p.2
Marital Rape and Consent
What constitutes rape within marriage according to the text?
Sexual intercourse that is not consensual.
p.13
Safe Spaces Act and Gender-Based Sexual Harassment
What is the purpose of establishing an anti-sexual harassment hotline?
To provide assistance and information on GBSH.
p.4
Statutory Rape and Mental Retardation
Under what circumstances is the death penalty imposed according to Article 266-B of the Revised Penal Code?
When the victim is below 18 years of age and the offender is a parent, guardian, or relative within the third civil degree.
p.3
Statutory Rape and Mental Retardation
What did the psychologist testify regarding AAA's mental condition?
AAA was found to be suffering from mild mental retardation with a corresponding mental age of 7 years and 1 month.
p.2
Statutory Rape and Mental Retardation
What constitutes statutory rape according to the text?
Sexual intercourse with a woman who is mentally retarded with a mental age of below 12 years old.
p.4
Credibility of the Complainant
What was the nature of the witnesses' testimonies against the accused-appellant?
The testimonies were given by disinterested witnesses, including children of tender age, whom the appellant could not discredit.
p.10
Sexual Harassment Laws and Regulations
How can sexual harassment manifest in an educational environment?
By making sexual favors a condition for grades, honors, or creating a hostile environment for students.
p.18
Magna Carta for Women and Gender Equality
What is the role of the Philippine Commission on Women (PCW)?
It serves as the overall monitoring and oversight body and primary policy-making and coordinating body.
p.2
Marital Rape and Consent
Do husbands have property rights over their wives' bodies?
No, husbands do not have property rights over their wives' bodies.
p.14
Sexual Harassment Laws and Regulations
What mechanism should be created for handling complaints?
A mechanism for handling and documentation of complaints, including those for verbal GBSH offenders.
p.3
Statutory Rape and Mental Retardation
Is proof of force or intimidation necessary when the victim is a mental retardate?
No, proof of force or intimidation is not necessary as a mental retardate is not capable of giving consent to a sexual act.
p.15
Sexual Harassment Laws and Regulations
What are the consequences for an alien found guilty under VAWC?
They are subjected to deportation proceedings after serving their sentence and paying fines.
p.15
Sexual Harassment Laws and Regulations
What practical tips are provided for saving digital evidence?
Note the URL of the perpetrator's website or social media account and print the content being complained about.
p.17
Magna Carta for Women and Gender Equality
What is a key feature of the Magna Carta for Women?
It seeks to recognize, protect, fulfill, and promote the rights of Filipino women, especially those in marginalized sectors.
p.6
Jurisprudence in Rape Cases
What is one of the consequences of being a victim of trafficking as mentioned in the poem?
Victims may be treated as veterans of exploitation and face societal stigma.
p.18
Magna Carta for Women and Gender Equality
What are the intersecting grounds that can compound discrimination against women?
Ethnicity, age, poverty, or religion.
p.16
Sexual Harassment Laws and Regulations
What can a victim of workplace gender-based sexual harassment (GBSH) do?
File an administrative complaint or a civil/criminal case in court.
p.18
Magna Carta for Women and Gender Equality
What specific responsibilities does the government have under the Magna Carta of Women?
Planning, budgeting, monitoring, evaluation for gender and development, and maintaining gender statistics.
p.7
Anti-Trafficking in Persons Act
Who can be an offender in trafficking cases?
An ascendant, parent, sibling, guardian, or a public officer or employee.
p.13
Safe Spaces Act and Gender-Based Sexual Harassment
What training should be provided to local officials regarding GBSH?
Training on the Safe Spaces Act for the Punong Barangay and members of the Lupong Tagapamayapa.
p.17
Sexual Harassment Laws and Regulations
What must schools do if they know about acts of gender-based sexual harassment or violence?
Take immediate action to eliminate the acts, prevent their recurrence, and address their effects.
p.2
Marital Rape and Consent
What does the failure to physically resist an attack imply?
It does not detract from the fact that a reprehensible act was committed.
p.11
Sexual Harassment Laws and Regulations
What are the penalties for sexual harassment?
Imprisonment of one month to six months, a fine of P10,000 to P20,000, or both.
p.17
Magna Carta for Women and Gender Equality
What actions can constitute discrimination against women?
Any act or omission, including laws or policies, that excludes or restricts women from their rights and opportunities.
p.5
Rape Victim Assistance and Protection
What does the Rape Victim Assistance and Protection Act (R.A. 8505) provide?
It provides psychological counseling, medical services, free legal assistance, and privacy and safety for rape victims.
p.10
Sexual Harassment Laws and Regulations
How can sexual harassment occur in a work-related environment?
By making sexual favors a condition for hiring, employment, promotions, or by retaliating against refusal.
p.16
Sexual Harassment Laws and Regulations
What requirement does the Anti-Sexual Harassment Act of 1995 have regarding the offender and the offended party?
There must be authority, influence, or moral ascendancy between them.
p.14
Sexual Harassment Laws and Regulations
What should be set up in all barangay, city, and municipal halls?
Anti-Sexual Harassment (ASH) desks.
p.8
Anti-Trafficking in Persons Act
What is the penalty for second and subsequent offenses of using trafficked persons?
Imprisonment of one year and a fine of One hundred thousand pesos (P100,000.00).
p.7
Anti-Trafficking in Persons Act
What is a specific condition that increases the severity of trafficking offenses?
If the trafficked person is recruited to engage in prostitution with military or law enforcement members.
p.14
Sexual Harassment Laws and Regulations
What is cyberstalking?
A form of stalking committed through electronic means involving repeated use of electronic communications.
p.15
Sexual Harassment Laws and Regulations
What happens to a juridical entity found guilty under VAWC?
Its license or franchise shall be automatically deemed revoked, and liable officers will be held accountable.
p.8
Anti-Trafficking in Persons Act
What is the purpose of trafficking as defined in the law?
Exploitation, prostitution, forced labor, slavery, servitude, or removal/sale of organs.
p.17
Magna Carta for Women and Gender Equality
What does the Magna Carta for Women (R.A. 9710) aim to eliminate?
Discrimination against women in education, scholarships, and training.
p.5
Credibility of the Complainant
How did the testimonies of the defense witnesses impact the case?
They failed to definitively establish that the accused-appellant neither raped nor killed the victim.
p.9
Sexual Harassment Laws and Regulations
What does the Anti-Sexual Harassment Act (R.A. 7877) declare?
Sexual harassment unlawful in the employment, education, or training environment.
p.10
Sexual Harassment Laws and Regulations
What are some examples of physical sexual harassment?
Grabbing, unwanted touching, cornering, or brushing against someone's body.
p.2
Marital Rape and Consent
What is the duty of a husband towards his wife according to the text?
To maintain, support, and protect her from oppression and wrong.
p.18
Magna Carta for Women and Gender Equality
What are the penalties for violations committed by private entities or individuals?
They are liable to pay damages.
p.2
Credibility of the Complainant
How does the trial court evaluate the credibility of witnesses?
By observing their demeanor, conduct, and attitude during examination.
p.4
Statutory Rape and Mental Retardation
What raised the crime from statutory rape to qualified rape in the discussed case?
The victim was a mental retardate and the appellant knew of this mental retardation.
p.17
Sexual Harassment Laws and Regulations
What penalties apply to minor students found committing GBSH?
They shall be held liable for administrative sanctions by the school, as provided in their student handbook.
p.15
Sexual Harassment Laws and Regulations
What constitutes sexual harassment in the workplace?
Unwelcome sexual advances, requests for sexual favors, or any act of sexual nature that negatively affects employment or education.
p.9
Anti-Trafficking in Persons Act
What is the significance of corroborating testimonies in trafficking cases?
They are sufficient to convict the accused in cases of trafficking in persons.
p.16
Sexual Harassment Laws and Regulations
What was the first law to penalize sexual harassment in the Philippines?
The Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877).
p.7
Anti-Trafficking in Persons Act
What constitutes qualified trafficking in persons when the trafficked person is a child?
When the adoption is for the purpose of prostitution, pornography, or other forms of exploitation.
p.11
Sexual Harassment Laws and Regulations
What types of sexual visual materials are considered harassment?
Pinups, cartoons, graffiti, computer programs, and catalogs of a sexual nature.
p.8
Anti-Trafficking in Persons Act
What is the penalty for prohibited acts under the Anti-Trafficking in Persons Act?
20 years imprisonment and a fine of P1,000,000 - P2,000,000.
p.14
Sexual Harassment Laws and Regulations
Does having a publicly accessible online profile constitute an offense?
No, it does not constitute an offense by itself.
p.3
Statutory Rape and Mental Retardation
What was the outcome of Criminal Case No. 24761-R?
The appellant's conviction was affirmed, but the designation of the crime committed was modified.
p.4
Credibility of the Complainant
What is the significance of the trial court's factual findings and witness credibility evaluations?
They are entitled to great respect and will not be disturbed on appeal unless there is a clear oversight or misapplication of facts.
p.11
Jurisprudence in Rape Cases
What does the case Narvasa vs. Sanchez illustrate about consent?
Intimate physical contact must be consensual, and disregard for this is a violation of sexual harassment laws.
p.6
Anti-Trafficking in Persons Act
What are some prohibited acts under the Anti-Trafficking in Persons Act?
Recruiting or transporting a person for prostitution, forced labor, or debt bondage.
p.9
Anti-Trafficking in Persons Act
What are the purposes of trafficking mentioned in the text?
Exploitation or prostitution of others, sexual exploitation, forced labor, slavery, servitude, or removal/sale of organs.
p.10
Sexual Harassment Laws and Regulations
Who can commit sexual harassment?
Employers, employees, managers, supervisors, teachers, instructors, professors, coaches, or anyone with authority over another in a working or educational environment.
p.18
Magna Carta for Women and Gender Equality
Who is responsible for implementing the law under the Magna Carta of Women?
Government, private sector, and society.
p.18
Magna Carta for Women and Gender Equality
What does the Magna Carta of Women mandate for government offices?
To adopt gender mainstreaming as a strategy for implementing the law.
p.7
Anti-Trafficking in Persons Act
What is considered large-scale trafficking?
When committed against three or more persons, individually or as a group.
p.14
Sexual Harassment Laws and Regulations
What does gender-based online sexual harassment include?
Acts that use information and communications technology to terrorize and intimidate victims.
p.17
Sexual Harassment Laws and Regulations
What is the role of the officer-in-charge in schools regarding gender-based sexual harassment (GBSH)?
To receive complaints regarding violations of the law and forward them to the CODI.
p.8
Anti-Trafficking in Persons Act
What does trafficking in persons include beyond transportation?
Recruitment of victims for trafficking.
p.15
Sexual Harassment Laws and Regulations
Where can complaints regarding VAWC be filed?
Directly with the National Bureau of Investigation, Philippine National Police Anti-Cybercrime Group, or the Office of the Cybercrime of the Department of Justice.
p.3
Credibility of the Complainant
What did AAA state when pointing to the appellant in court?
She stated that she filed a complaint so that 'he will not do it to anybody else anymore.'
p.6
Anti-Trafficking in Persons Act
What is one way to promote or facilitate trafficking in persons according to the act?
By knowingly leasing or allowing a property to be used for trafficking purposes.
p.5
Rape Victim Assistance and Protection
What protective measure is mentioned regarding the investigation of rape cases?
The right to privacy and closed door investigations.
p.7
Anti-Trafficking in Persons Act
What is one of the main purposes of the regulatory requirements mentioned in the text?
To promote trafficking in persons.
p.13
Safe Spaces Act and Gender-Based Sexual Harassment
What penalties can local government units impose for acts of GBSH?
Heavier penalties than those specified in the Safe Spaces Act.
p.16
Sexual Harassment Laws and Regulations
What should the code of conduct developed by employers include?
Prohibition on gender-based sexual harassment, procedures for internal mechanisms, and administrative penalties.
p.2
Marital Rape and Consent
What is the significance of Section 266-A of the Revised Penal Code?
It legislates that non-consensual sexual intercourse, even within marriage, is considered rape.
p.3
Statutory Rape and Mental Retardation
What are the two elements that must be proven for a charge of rape under Article 266-A of the Revised Penal Code?
1) The offender had carnal knowledge of a woman; 2) He accomplished such act through force, threat, or intimidation, or when she was deprived of reason or otherwise unconscious, or when she was under 12 years of age or was demented.
p.7
Anti-Trafficking in Persons Act
What are the consequences of trafficking that can affect the offended party?
Death, insanity, mutilation, or affliction with HIV/AIDS.
p.11
Sexual Harassment Laws and Regulations
What must an employer do to address sexual harassment cases?
Promulgate rules and create a committee for investigation.
p.3
Statutory Rape and Mental Retardation
What constitutes statutory rape in the context of AAA's case?
Sexual intercourse with a woman who is a mental retardate with a mental age of below 12 years old.
p.15
Sexual Harassment Laws and Regulations
What environments are considered workplaces under the Sexual Harassment Act?
All sites, locations, or spaces where work is undertaken by an employee, both within and outside the usual place of business.
p.6
Anti-Trafficking in Persons Act
What is the purpose of the Anti-Trafficking in Persons Act of 2003?
To prohibit acts such as recruitment, transportation, and exploitation of persons for prostitution, forced labor, and other forms of exploitation.
p.9
Anti-Trafficking in Persons Act
What are some means used in trafficking as per the provided text?
Threat, use of force, coercion, abduction, fraud, deception, abuse of power, and taking advantage of vulnerability.
p.1
Credibility of the Complainant
Who are the two persons normally privy to the occurrence of rape?
The complainant and the accused.
p.13
Safe Spaces Act and Gender-Based Sexual Harassment
What are the acts of gender-based sexual harassment (GBSH) in public spaces?
Acts specified in the Safe Spaces Act.
p.7
Anti-Trafficking in Persons Act
What defines trafficking committed by a syndicate?
Carried out by a group of three or more persons conspiring together.
p.18
Magna Carta for Women and Gender Equality
What are the penalties for violations committed by government agencies?
Sanctions under administrative law, civil service, or other appropriate laws recommended by the Commission on Human Rights.
p.13
Safe Spaces Act and Gender-Based Sexual Harassment
What is the role of the DILG in the implementation of the Safe Spaces Act?
Coordinate with LGUs in implementing the law.
p.2
Rape Victim Assistance and Protection
Is there a standard reaction for women facing sexual assault?
No, reactions vary widely and can include resistance, shock, or submission.
p.11
Sexual Harassment Laws and Regulations
What is the liability of an employer if they are informed of harassment but take no action?
They will be solidarily liable.
p.15
Sexual Harassment Laws and Regulations
What defines unwelcome conduct in the context of sexual harassment?
Conduct that is unreasonable, offensive, and creates an intimidating, hostile, or humiliating environment for the recipient.
p.6
Anti-Trafficking in Persons Act
What does the act say about the adoption of persons?
It prohibits adopting or facilitating the adoption of persons for the purpose of exploitation.
p.18
Magna Carta for Women and Gender Equality
What is a measure or practice that fails to address gender-based disadvantages for women?
A general application that denies or restricts women's recognition and protection of their rights.
p.10
Sexual Harassment Laws and Regulations
What are some verbal examples of sexual harassment?
Sexual jokes, comments about someone's body, catcalling, or pressure for sexual activity.
p.13
Safe Spaces Act and Gender-Based Sexual Harassment
What additional penalties apply if the perpetrator is a driver of a public utility vehicle (PUV)?
Cancellation of the driver's license and suspension or revocation of the franchise.
p.11
Sexual Harassment Laws and Regulations
What written materials can constitute sexual harassment?
Notes or emails containing sexual comments or unwanted love letters.
p.2
Credibility of the Complainant
What is the primary consideration in the resolution of rape cases?
The credibility of the victim's testimony.
p.8
Anti-Trafficking in Persons Act
What constitutes qualified trafficking?
Life imprisonment and a fine of P2,000,000 - P3,000,000.
p.17
Sexual Harassment Laws and Regulations
What educational measures should schools implement regarding gender-based sexual harassment?
Educate students from elementary to tertiary level about the provisions of the law and reporting cases of harassment.
p.3
Credibility of the Complainant
Why was AAA's testimony in the second charge of rape considered inadequate?
It lacked specific details on how the second rape was committed, such as the insertion of the penis or touching of the labia.
p.11
Jurisprudence in Rape Cases
What did the court conclude about the petitioner's defense in the case?
The court was unconvinced by his claim of an innocent birthday greeting kiss.
p.5
Credibility of the Complainant
What did defense witness Flordeliza Baron admit regarding the accused-appellant's whereabouts?
She was never really aware of his whereabouts during the critical time when the crime likely took place.
p.9
Sexual Harassment Laws and Regulations
What is the purpose of the Anti-Sexual Harassment Act?
To value respect and dignity, particularly in employment, education, or training development.
p.1
Credibility of the Complainant
Under what circumstances can the rule regarding trial court findings on credibility be brushed aside?
When the court’s evaluation was reached arbitrarily or when important facts were overlooked or misunderstood.
p.13
Safe Spaces Act and Gender-Based Sexual Harassment
What role do local government units (LGUs) have in implementing the Safe Spaces Act?
Pass ordinances, disseminate information, and provide preventive measures against GBSH.
p.11
Sexual Harassment Laws and Regulations
What actions are considered sexual harassment?
Staring, leering, and making obscene gestures.
p.11
Sexual Harassment Laws and Regulations
What is the employer's duty in a work-related environment regarding sexual harassment?
To prevent or deter acts of sexual harassment and provide procedures for resolution.
p.13
Safe Spaces Act and Gender-Based Sexual Harassment
What should LGUs establish for complainants of GBSH?
A referral system for complainants in streets and public spaces.
p.4
Statutory Rape and Mental Retardation
What penalty was affirmed by the CA for the appellant in the discussed case?
Reclusion perpetua without eligibility for parole.
p.11
Jurisprudence in Rape Cases
What was the outcome of G.R. NO. 175433 regarding sexual harassment?
The court found the petitioner guilty of using his position to elicit sexual favors.
p.6
Anti-Trafficking in Persons Act
What does the act say about marriage contracts?
It prohibits offering or contracting marriage for the purpose of engaging someone in prostitution or sexual exploitation.
p.5
Rape Victim Assistance and Protection
What is one duty of police officers under the Rape Victim Assistance and Protection Act?
To immediately refer the case to the prosecutor for inquest/investigation if the accused is detained.
p.8
Anti-Trafficking in Persons Act
What is the penalty for the first offense of using trafficked persons?
Six months of community service and a fine of Fifty thousand pesos (P50,000.00).
p.16
Sexual Harassment Laws and Regulations
What penalties can be imposed on members of the Committee on Decorum and Investigation (CODI)?
Penalties for non-performance or inadequate performance of their functions.
p.15
Sexual Harassment Laws and Regulations
What is the penalty for individuals found guilty under VAWC?
Imprisonment of six months and one day to two years and four months, or a fine of not less than PHP 100,000 and not more than PHP 500,000, or both.
p.4
Circumstantial Evidence in Rape Convictions
What is required for circumstantial evidence to sustain a conviction?
There must be more than one circumstance, proven facts from which inferences are derived, and a combination of circumstances that produces a conviction beyond reasonable doubt.
p.3
Credibility of the Complainant
What is required for a conviction in terms of certainty?
There must be moral certainty in each element essential to constitute the offense and in the responsibility of the offender.
p.9
Anti-Trafficking in Persons Act
What constitutes qualified trafficking under the Anti-Trafficking in Persons Act?
When the trafficked person is a child.
p.14
Sexual Harassment Laws and Regulations
What are some examples of online sexual harassment?
Threats, unwanted sexual remarks, invasion of privacy, and unauthorized sharing of media.
p.2
Rape Victim Assistance and Protection
What can affect a rape victim's reaction during an assault?
Emotional stress and fear.
p.8
Anti-Trafficking in Persons Act
What are the means used in trafficking as per the law?
Threat, force, coercion, abduction, fraud, deception, abuse of power, or taking advantage of vulnerability.
p.17
Magna Carta for Women and Gender Equality
How is discrimination against women defined in the context of the law?
As any gender-based distinction, exclusion, or restriction impairing women's recognition, enjoyment, or exercise of rights.
p.6
Jurisprudence in Rape Cases
What does the poem by Margie Percy compare to the experience of being raped?
It compares being raped to various traumatic experiences, such as being pushed down steps or run over by a truck.
p.5
Rape Victim Assistance and Protection
What was the total amount awarded as damages in the case?
P300,000.00 (P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages).
p.9
Anti-Trafficking in Persons Act
What does the Anti-Trafficking in Persons Act prohibit?
Recruiting, obtaining, hiring, providing, offering, transporting, transferring, maintaining, harboring, or receiving a person by any means for the purpose of prostitution, pornography, or sexual exploitation.
p.5
Rape Victim Assistance and Protection
What is the purpose of the rape shield law?
To prevent the admission of evidence regarding the complainant’s past sexual conduct unless deemed material and relevant to the case.
