REPUBLIC ACT NO. 4670 June 18, 1966THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and improve the social and economic status of public school teachers, their living and working conditions, their terms of employment and career prospects in order that they may compare favorably with existing opportunities in other walks of life, attract and retain in the teaching profession more people with the proper qualifications, it being recognized that advance in education depends on the qualifications and ability of the teaching staff and that education is an essential factor in the economic growth of the nation as a productive investment of vital importance.

Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School Teachers" and shall apply to all public school teachers except those in the professorial staff of state colleges and universities.

As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees.

II. RECRUITMENT AND CAREER

Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the selection and appointment of teachers shall be clearly defined by the Department of Education: Provided, however, That effective upon the approval of this Act, the following shall constitute the minimum educational qualifications for teacher-applicants:

(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary Education (B.S.E.ED.);

(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional units in Education.

(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the field of specialization with at least eighteen professional units in education;

(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a specific area of specialization;

Provided, further, That in the absence of applicants who possess the minimum educational qualifications as hereinabove provided, the school superintendent may appoint, under a temporary status, applicants who do not meet the minimum qualifications: Provided, further, That should teacher-applicants, whether they possess the minimum educational qualifications or not, be required to take competitive examinations, preference in making appointments shall be in the order of their respective ranks in said competitive examinations: And provided, finally, That the results of the examinations shall be made public and every applicant shall be furnished with his score and rank in said examinations.

Sec. 4. Probationary Period. When recruitment takes place after adequate training and professional preparation in any school recognized by the Government, no probationary period preceding regular appointment shall be imposed if the teacher possesses the appropriate civil service eligibility: Provided, however, That where, due to the exigencies of the service, it is necessary to employ as teacher a person who possesses the minimum educational qualifications herein above set forth but lacks the appropriate civil service eligibility, such person shall be appointed on a provisional status and shall undergo a period of probation for not less than one year from and after the date of his provisional appointment.

Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured the teachers as provided under existing laws.

Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack of necessary civil service eligibility shall be extended permanent appointment for the position he is holding after having rendered at least ten years of continuous, efficient and faithful service in such position.

Sec. 6. Consent for Transfer Transportation Expenses. Except for cause and as herein otherwise provided, no teacher shall be transferred without his consent from one station to another.

Where the exigencies of the service require the transfer of a teacher from one station to another, such transfer may be effected by the school superintendent who shall previously notify the teacher concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no justification for the transfer, he may appeal his case to the Director of Public Schools or the Director of Vocational Education, as the case may be. Pending his appeal and the decision thereon, his transfer shall be held in abeyance: Provided, however, That no transfers whatever shall be made three months before any local or national election.

Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally approved.

Sec. 7. Code of Professional Conduct for Teachers. Within six months from the approval of this Act, the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public School Teachers. A copy of the Code shall be furnished each teacher: Provided, however, That where this is not possible by reason of inadequate fiscal resources of the Department of Education, at least three copies of the same Code shall be deposited with the office of the school principal or head teacher where they may be accessible for use by the teachers.

Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards at each stage of any disciplinary procedure and shall have:

a. the right to be informed, in writing, of the charges;

b. the right to full access to the evidence in the case;

c. the right to defend himself and to be defended by a representative of his choice and/or by his organization, adequate time being given to the teacher for the preparation of his defense; and

d. the right to appeal to clearly designated authorities.

No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case.

Sec. 9. Administrative Charges. Administrative charges against a teacher shall be heard initially by a committee composed of the corresponding School Superintendent of the Division or a duly authorized representative who should at least have the rank of a division supervisor, where the teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial or national teacher's organization and a supervisor of the Division, the last two to be designated by the Director of Public Schools. The committee shall submit its findings and recommendations to the Director of Public Schools within thirty days from the termination of the hearings: Provided, however, That where the school superintendent is the complainant or an interested party, all the members of the committee shall be appointed by the Secretary of Education.

Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the teaching profession, or during its exercise, or in the termination of services, based on other than professional consideration.

Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all steps to enable married couples, both of whom are public school teachers, to be employed in the same locality.

Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods.

III. HOURS OF WORK AND REMUNERATION

Sec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be required to render more than six hours of actual classroom teaching a day, which shall be so scheduled as to give him time for the preparation and correction of exercises and other work incidental to his normal teaching duties: Provided, however, That where the exigencies of the service so require, any teacher may be required to render more than six hours but not exceeding eight hours of actual classroom teaching a day upon payment of additional compensation at the same rate as his regular remuneration plus at least twenty-five per cent of his basic pay.

Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary, co-curricula and out of school activities and any other activities outside of what is defined as normal duties of any teacher shall be paid an additional compensation of at least twenty-five per cent of his regular remuneration after the teacher has completed at least six hours of actual classroom teaching a day.

In the case of other teachers or school officials not engaged in actual classroom instruction, any work performed in excess of eight hours a day shall be paid an additional compensation of at least twenty-five per cent of their regular remuneration.

The agencies utilizing the services of teachers shall pay the additional compensation required under this section. Education authorities shall refuse to allow the rendition of services of teachers for other government agencies without the assurance that the teachers shall be paid the remuneration provided for under this section.

Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:

(a) they shall compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training and abilities;

(b) they shall be such as to insure teachers a reasonable standard of life for themselves and their families; and

(c) they shall be properly graded so as to recognize the fact that certain positions require higher qualifications and greater responsibility than others: Provided, however, That the general salary scale shall be such that the relation between the lowest and highest salaries paid in the profession will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the lower end of the salary scales relative to the upper end.

Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from a minimum to a maximum salary by means of regular increments, granted automatically after three years: Provided, That the efficiency rating of the teacher concerned is at least satisfactory. The progression from the minimum to the maximum of the salary scale shall not extend over a period of ten years.

Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are appropriated by a city, municipal, municipal district, or provincial government, shall not be less than those provided for teachers of the National Government.

Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with the rise in the cost of living by the payment of a cost-of-living allowance which shall automatically follow changes in a cost-of-living index. The Secretary of Education shall, in consultation with the proper government entities, recommend to Congress, at least annually, the appropriation of the necessary funds for the cost-of-living allowances of teachers employed by the National Government. The determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of the President of the Philippines, be binding on the city, municipal or provincial government, for the purposes of calculating the cost-of-living allowances of teachers under its employ.

Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship such as difficulty in commuting to the place of work or other hazards peculiar to the place of employment, as determined by the Secretary of Education, they shall be compensated special hardship allowances equivalent to at least twenty-five per cent of their monthly salary.

Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal tender of the Philippines or its equivalent in checks or treasury warrants. Provided, however, That such checks or treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's office or any banking institutions operating under the laws of the Republic of the Philippines.

Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from the salaries of teachers except under specific authority of law authorizing such deductions: Provided, however, That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to the Philippine Public School Teachers Association, and (2) premiums properly due on insurance policies, shall be considered deductible.

IV. HEALTH MEASURES AND INJURY BENEFITS

Sec. 22. Medical Examination and Treatment. Compulsory medical examination shall be provided free of charge for all teachers before they take up teaching, and shall be repeated not less than once a year during the teacher's professional life. Where medical examination show that medical treatment and/or hospitalization is necessary, same shall be provided free by the government entity paying the salary of the teachers.

In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary medical care with the right to be reimbursed for their traveling expenses by the government entity concerned in the first paragraph of this Section.

Sec. 23. Compensation For Injuries. Teachers shall be protected against the consequences of employment injuries in accordance with existing laws. The effects of the physical and nervous strain on the teacher's health shall be recognized as a compensable occupational disease in accordance with existing laws.

V. LEAVE AND RETIREMENT BENEFITS

Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the public schools, they shall be entitled to study leave not exceeding one school year after seven years of service. Such leave shall be granted in accordance with a schedule set by the Department of Education. During the period of such leave, the teachers shall be entitled to at least sixty per cent of their monthly salary: Provided, however, That no teacher shall be allowed to accumulate more than one year study leave, unless he needs an additional semester to finish his thesis for a graduate study in education or allied courses: Provided, further, That no compensation shall be due the teacher after the first year of such leave. In all cases, the study leave period shall be counted for seniority and pension purposes.

The compensation allowed for one year study leave as herein provided shall be subject to the condition that the teacher takes the regular study load and passes at least seventy-five per cent of his courses. Study leave of more than one year may be permitted by the Secretary of Education but without compensation.

Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least.

Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given one range salary raise upon retirement, which shall be the basis of the computation of the lump sum of the retirement pay and the monthly benefits thereafter.

VI. TEACHER'S ORGANIZATION

Sec. 27. Freedom to Organize. Public school teachers shall have the right to freely and without previous authorization both to establish and to join organizations of their choosing, whether local or national to further and defend their interests.

Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the immediately preceding Section shall be exercised without any interference or coercion. It shall be unlawful for any person to commit any acts of discrimination against teachers which are calculated to (a) make the employment of a teacher subject to the condition that he shall not join an organization, or shall relinquish membership in an organization,

(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an organization or because of participation in organization activities outside school hours, or with the consent of the proper school authorities, within school hours, and (c) to prevent him from carrying out the duties laid upon him by his position in the organization, or to penalize him for an action undertaken in that capacity.

Sec. 29. National Teacher's Organizations. National teachers' organizations shall be consulted in the formulation of national educational policies and professional standards, and in the formulation of national policies governing the social security of the teachers.

VII. ADMINISTRATION AND ENFORCEMENT

Sec. 30. Rules and Regulations. The Secretary of Education shall formulate and prepare the necessary rules and regulations to implement the provisions of this Act. Rules and regulations issued pursuant to this Section shall take effect thirty days after publication in a newspaper of general circulation and by such other means as the Secretary of Education deems reasonably sufficient to give interested parties general notice of such issuance.

Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress annually the necessary budgetary estimates to implement the provisions of the Act concerning the benefits herein granted to public school teachers under the employ of the National Government.

Sec. 32. Penal Provision. A person who shall willfully interfere with, restrain or coerce any teacher in the exercise of his rights guaranteed by this Act or who shall in any other manner commit any act to defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the discretion of the court.

If the offender is a public official, the court shall order his dismissal from the Government service.

Sec. 33. Repealing Clause. All Acts or parts of Acts, executive orders and their implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 34. Separability Clause. If any provision of this Act is declared invalid, the remainder of this Act or any provisions not affected thereby shall remain in force and in effect.

Sec. 35. This Act shall take effect upon its approval.

Approved: June 18, 1966

CAMARAO, Fedeserio C.Re:Complaint; Nepotismx------------------------------------xRESOLUTION NO. 01-1673

Julian O. Marquez, Jr., Professor, Technological University of the Philippines (TUP), Manila, files a complaint against Fedeserio C. Camarao, President, that University, for Nepotism.

In his sworn affidavit-complaint, Professor Marquez decries as nepotic the designation made by President Camarao of his wife, Dr. Gloria C. Camarao, Professor VI, College of Science, as Assistant to the Vice President for Academic Affairs (AVPAA) on Research, Extension and Graduate Education, same University. He further notes that the designation order issued by President Camarao, stating that Dr. Camarao will remain as a core faculty of the College of Science is a ploy to circumvent the law, hence, considered `nepotism in disguise.

The TUP Order No. 45, s. 2001 which is adverted to above reads in full, as follows:1.To help strengthen research and extension at the level of the colleges in the main campus and the graduate program of the University, Dr. Gloria C. Camarao, Professor of the College of Science, is hereby designated as Assistant to the Vice President for Academic Affairs (VPAA) on Research, Extension and Graduate Education.2.As Assistant to the VPAA, Dr. Camarao shall perform the following functions:`a.Assists the VPAA in matters pertinent to the planning, implementation and advancement of research and extension in the Manila campus, and the graduate education of the University;`b.Assists the Coordinators of research and extension in the colleges and the Coordinators of graduate education in the development of programs/projects that are aligned to the identified University directions in research, extension and graduate education;`c.Assists in strengthening of the capabilities of the colleges and external campuses, the faculty as researchers, thesis advisers, and extension specialists; and`d.Perform other related tasks as directed by the higher authority.3.Dr. Camarao will remain as a core faculty of the College of Science.

Apparently, in compliance with civil service law and rules, President Camarao apprised this Commission, in a letter dated July 19, 2001, of the fact of his having designated his wife, the surrounding circumstances thereof, and the justifications for the same. The letter states:

This is a report in compliance with Section 49(b) of Article X of PD 807, otherwise known as the Civil Service Law, which exempts teachers, among others, from the rule on nepotism.

I had appointed my wife, DR. GLORIA C. CAMARAO, as Professor 6 in the College of Science of this University (Annex A). She had been appointed to a teaching position. No other appointment, let alone an administrative appointment as defined and/or contemplated by law, had been extended to her.

Being a university teacher -- an academic rather than and administrative personnel -- she has to perform the conventional and commonly accepted triologic functions of instruction, research and extension. Thus, in line with the performance of these three academic functions, it was just proper, natural, and logical that she had likewise been recommended by no less than the Vice President for Academic Affairs (VPAA) to do certain specific academic tasks as enumerated in the letter-request of VPAA Josefino Gascon dated July 2, 2001 (Annex B) and which tasks are essentially reflected in the TUP ORDER No. 45, s. 2001 (Annex C), issued by me, which designated her as assistant (technical rather than administrative assistant) to the VPAA on research, extension, and graduate education without additional compensation -- tasks which are not simply supportive of but rather essentially constitutive of her academic and/or teaching job.

Section 59 of the Administrative Code of 1987 expressly provides:

Sec. 59. Nepotism -- (1) All appointments in the national, provincial, city and municipal governments or in any branch or instrumentality thereof, including government-owned or controlled corporations, made in favor or a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him, are hereby prohibited.

As used in this Section, the word `relative and members of the family referred to are those related within the third degree either of consanguinity or of affinity.

(2) The following are exempted from the operation of the rules on nepotism: (a) persons employed in a confidential capacity; (b) teachers; (c) physicians; and (d) members of the Armed Forces of the Philippines; Provided, however, That in each particular instance full report of such appointment shall be made to the Commission.x x x

As a general rule, nepotism is proscribed in the civil service. Public policy appears to be the paramount consideration behind the prohibition. In the light of the adverse and oftentimes demoralizing effects of the practice of patronage in the workings of the civil service, especially on employees morale, merit and fitness rather than family bonds or ties, should be, as much as practicable, the singular determinant in effecting appointments and other personnel actions.

Essentially, as spelled out under the above-quoted provision, there arises nepotism when an appointment is issued to a relative of either the appointing or recommending authority, the head of the office or the immediate supervisor of the appointee. The relationship subsisting between the appointee and the official concerned, either by blood kinship or by fact of marriage, should, however, fall within the proscribed third civil degree for there to be nepotism, otherwise the same cannot properly be imputed.

Lest it be misconstrued, the rule against nepotism operates not only with regard to appointments but its coverage extends just as well to other personnel actions such as promotion and designation. So held by the Supreme Court in one case:

Petitioner, however, contends that since what he extended to his brother is not an appointment, but a DESIGNATION, he is not covered by the prohibition. Public respondent disagrees, for: `By legal contemplation, the prohibitive mantle on nepotism would include designation, because what cannot be done directly cannot be done indirectly. We cannot accept petitioners view. His specious and tenuous designation between appointment and designation is nothing more than either a ploy ingeniously conceived to circumvent the rigid rule on nepotism or a last-ditch maneuver to cushion the impact of its violation. The rule admits of no distinction between appointment and designation. Designation is also defined as `an appointment or assignment to a particular office; and `to designate means `to indicate, select, appoint, or set apart for a purpose or duty. (Laurel vs. Civil Service Commission, 203 SCRA 195) (Underscoring supplied)

Nonetheless, the prohibition is not one sheathed in ironclad armor. It does not purport to be absolute. On the contrary, as can readily be discerned from the language of the law, certain exceptions therefrom are recognized. Confidential employees, teachers, physicians and members of the military are expressly outside the purview of the stricture. Thus, even if the appointee is related within the prohibited degree, say, to the appointing authority, but it happens that his appointment pertains to a position of confidential nature, no case for nepotism may be found to lie.

In the case at bar, there is no question that the appointment of Dr. Camarao as Professor VI, even though issued by her husband, does not amount to nepotism. In fact, Professor Marquez does not assail the propriety of the said appointment. Perhaps, this is because of the implicit recognition or acknowledgement, and rightly so, of the fact that as Professor VI, she can be considered as a teacher within the contemplation of the exemption. What is actually being challenged on the ground of nepotism was the subsequent designation of Dr. Camarao as Assistant to the Vice-President for Academic Affairs.

So then, did her designation as AVPAA remove Dr. Camarao from the ambit of the exemption? In other words, did her status as a teacher change following her designation so as to place her already within the reach of the prohibition?

The ultimate resolution of the case evidently rests on the determination of what the term teacher means, under the contemplation of the provision on nepotism.

On this score, it is necessary to bear in mind a fundamental rule in statutory construction that statutes which are in pari materia or relating to the same subject matter should be reasonably construed together in order to come up with a complete and coherent legal system. Every statute should be so construed and harmonized with other statutes as to form a uniform system of jurisprudence. x x x For the assumption is that whenever the legislature enacts a law it has in mind the previous statutes relating to the same subject matter, and in the absence of any express repeal or amendment the new statute is deemed enacted in accord with the legislative policy embodied in those prior statutes. Provisions in an act which are omitted in another act relative to the same subject matter will be applied in a proceeding under the other act, when not inconsistent with its purpose. (Agpalo, Statutory Construction [3rd Edition], pp. 209-210; citing the cases, inter alia, of Valera vs. Tuason [80 Phil. 823]; and Corona vs. Court of Appeals [214 SCRA 378]).

Conformably with the above canon of statutory construction, and since the exempting clause on nepotism envisages or speaks of teacher, then recourse maybe had to other existing laws, which similarly treat of teachers, in order to shed light on the real import or meaning of the word.

On such law is the Republic Act No. 4670 or the Magna Carta for Public School Teachers. Under Section 2 thereof, it defines teacher, to wit:

x x x (T)he term `teacher shall mean all persons engaged in classroom teaching, in any level of instruction, on full-time basis, including guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Government or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees. (Underscoring supplied)

A cursory perusal of the provision above-quoted evinces that a teacher, contrary to laymans perception, does not solely and exclusively pertain to one engaged in classroom instructions. A school personnel in a state university or college clothed or vested with functions relating to supervision and administration is likewise deemed to be a teacher.

Using the above as yardstick, it becomes ineluctable that Dr. Camaraos designation as AVPAA did not render her less of a teacher. Her added duties and responsibilities, entailed by her designation, of assisting the Vice President for Academic Affairs and other school officials in such areas as planning, implementation and advancement of research and extension; development of programs/projects aligned to the identified goals of the University; and strengthening of capabilities of the colleges and satellite campuses -- all these partake of the nature of administrative work, which forms an integral part of the multifarious roles of teachers, going by the language of the Magna Carta for Public School Teachers.

Moreover, Dr. Camaraos designation states that she will remain a core faculty of the College of Science. Rather than view this as an ingenious scheme to circumvent the rule on nepotism, as what Professor Marquez seeks to impress, this is just a natural consequence considering that designation merely implies the temporary imposition of additional duties and responsibilities (Section 6[e], Rule III, Revised Omnibus Rules on Appointments and Other Personnel Actions, as amended). Dr. Camarao did not lose her professorial position just because of her designation.

All told, the Commission finds no prima facie evidence to sustain the imputation of nepotism in the designation of Dr. Gloria Camarao by Dr. Fedeserio C. Camarao.

WHEREFORE, the present complaint is hereby DISMISSED.

Quezon City, October 16, 2001(Signed)J. WALDEMAR V. VALMORESCommissionerO.B.KARINA CONSTANTINO-DAVIDChairman (Signed) JOSE F. ERESTAIN, JR.Commissioner

Attested by:

(Signed)

ARIEL G. RONQUILLO

Director IIIFPG/RTM/X1/Y22/jca164D-01-030720010824-065/camaraorMVM/KPZ/X1/X20/vog/rco(fuji32)Republic Act No. 7877Anti-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 ofsexual 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 theprovisions of this Act shall, upon conviction, be penalized byimprisonment 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.

Back to topArt. 148 Revised Penal Code. Direct AssaultI. There are two kinds the first being: Without a public uprising by employing force or intimidation to attain any of the purposes of rebellion or sedition. This is very rare. It is the second form which is commonly committed.II. Second kind is committed when, without a public uprising, the offender: (i) Attacks (ii) Employs force (iii) Seriously intimidates or seriously resists (iv) Any person in authority or his agent (v) while engaged in the performance of official duties or on the occasion thereof (vi) knowing him to be such.III. Requirements: A. There must be an attack or employment of force or serious intimidation, upon the person of the victim. This includes any offensive or antagonistic movement of any kind, with or without a weapon. This may be an actual physical contact or the instilling of fear or threat of an evil on the person of the victim, but not on his property.1. Examples: boxing, pointing a gun, brandishing a weapon, shouting and berating, challenging to a fight, throwing an article at him2). The degree of force required depends on whether the victim is a PIA or APIA. In case of a PIA actual forced is not necessary because mere laying of hands is sufficient, such as by pushing or shoving him or pulling at his collar. If he were an APIA, actual force is required because mere laying of hands would constitute simple resistance3). As to intimidation and resistance the same must be serious and actual whether the victim is a PIA or APIA otherwise the offense is resistance and disobedience under article 151. B. The offended party must be a PIA or a APIA and has not yet been separated from the service. Thus the crime is committed even if at the time of commission the PIA/APIA is on leave, on vacation, or under suspension, but no when he has retired or was dismissed or removed. 1. The following are PIAs:a). Any person directly vested with jurisdiction i.e he has the power to govern, execute the laws and administer justiceb). Teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities. They must be within the school premises during school hours or are actually performing the tasks outside the school premisesc). Lawyers in the actual performance of their professional duties or on the occasion of such performance Note that teachers and lawyers are PIAs only for purposes of Direct Assault and Resistance and Disobedience but not for purposes of Indirect Assaultd). Under the Local Government Code: (a) the Punong Barangay, (b) Sanguniang Barangay members and (c) members of the Lupong Tagapamayapa2. The following are APIAS:a. Those who, by direct provision of law, or by election or by appointment, are charged with the maintenance of public order and the protection of life and property ( AGENTS PROPER) such as :(i). Law Enforcement Agents such as the PNP and the NBI irrespective of their rank(ii). Barangay Tanods(iii).Municipal treasurer being the agent of the provincial treasurer(iv). The postmaster being the agent of the Director of Posts(v). But Members of the AFP are not included b. Any person who comes to the aid of PIAs who is under direct assault. ( AGENTS BY ASSISTANCE) Note that if a teacher or lawyer is the person who comes to the assistance of the PIA, then he is considered as an APIA.3. Thus private persons may be victims but to a limited extent: (i). when they are considered by law as PIAs or APIAs such as teachers and lawyers (ii). and those who come to the aid of PIAs C. The accused must know the victim is a PIA/APIA which fact must be alleged in the Information1. There must be a clear intent on the part of the accused to defy the authorities, to offend, injure or assault the victim as a PIA/APIA IV. Time of the Assault: 1. If the assault is during the occasion of the performance of official duties the motive of the accused is immaterial. As long as the victim was assaulted in his office or in the premises where he holds office, or even while on his way to office, it is not required that he was actually doing an act related to his duties2. If not on the occasion then the motive is important as the assault must be because of the past performance of official duties by the victim. The length of time between the performance of the duty and the time of the assault is immaterial. If the motive cannot be established, there is no direct assault but some lesser offense. V. Rule When Material Injury Results: The crime of Direct Assault aims to punish lawlessness and defiance of authority and not the material injury which results from such defiance. When material injury however results, the following are the rules: 1. Where death, serious or less serious physical injuries result, they are to be complexed with direct assault. Example: A policeman was shot death while directing traffic: the crime is Homicide with Direct Assault 2. If only slight physical injuries are committed, the slight physical injury is a qualifying circumstance separate offense if the victim is a PIA but it will be absorbed if the victim is an APIA ( PP. vs. Acierto, 57 Phil. 614)VI. When the Attack does not Constitute Direct Assault:1. If both accused and victim are PIAs/APIAs and they contend or there is conflict arising from the exercise of their respective functions or jurisdictions. Examples: (a). A fight between the Incumbent Mayor and the Acting Mayor as to who shall occupy the office(b). NBI vs. Police concerning who shall take custody of a suspect 2. Where the PIA/APIA act with abuse of their official functions, or when they exceed their powers they are deemed to be acting in a private capacity. They become aggressors and the accused has a right to defend himself3. Where they voluntarily descend to matters which are purely personal. But not when the PIA/APIA is dragged down to purely personal matters by the accused. VII. Qualified Direct Assault: 1. When the accused lays hand upon the victim who is a PIA2. When the accused is himself a Public Officer or employee 3. When the assault is with a weaponepublic of the PhilippinesSUPREME COURTManila

EN BANC

DECISION

November 29, 1967

G.R. No. L-20216THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant,vs.TIBURCIO BALBAR, defendant-appellee.

Office of the Solicitor General for plaintiff-appellant.Pedro M. Belmi for defendant-appellee.Makalintal, J.:On August 20, 1960 defendant-appellee Tiburcio Balbar allegedly entered the room where schoolteacher Ester Gonzales, complainant herein, was conducting her classes. Without warning and right after complainant had finished writing on the blackboard, defendant allegedly placed his arms around her and kissed her on the eye. Shocked, complainant instinctively pushed Balbar away and tried to flee. Defendant allegedly brought out his daga (a local dagger) and pursued complainant, catching up with her before she was able to get out of the room. Defendant embraced her again, at the same time holding on to his daga. They both fell to the floor, as a result of which complainant sustained slight physical injuries.Two informations, one for Direct Assault Upon A Person in Authority and another for Acts of Lasciviousness (Criminal Cases Nos. 823 and 841 respectively) were filed by the Assistant Provincial Fiscal against defendant before the Court of First Instance of Batangas, the latter charge upon written complaint filed by the offended party duly sworn to before the Clerk of Court.

The information for Direct Assault Upon A Person in Authority is hereunder quoted:

The undersigned Assistant Provincial Fiscal accuses Tiburcio Balbar of the crime of Assault upon a Person in Authority, committed as follows:

That on or about the 29th day of August, 1960, in Barrio Camba, Municipality of Lian, Province of Batangas, Philippines, and within the jurisdiction of this Honorable Court, the above named accused did then and there wilfully, unlawfully and feloniously assault Miss Ester Gonzales, a public school teacher in the school building of Lian, duly qualified and appointed as such and while in the performance of her official duties or on the occasion therefor, by then and there pulling his dagger, braced and kissed, and repeatedly trying to embrace and kiss the said teacher, Miss Ester Gonzales. That the crime was committed with the aggravating circumstances of having committed it inside the public school building and during school classes.

CONTRARY TO LAW.

The information for Acts of Lasciviousness reads:

At the instance of the offended party in the above-entitled case the undersigned Assistant Provincial Fiscal accuses TIBURCIO BALBAR of the crime of acts of lasciviousness committed as follows:

That on or about the 29th day of August, 1960, in the Barrio of Cumba, Municipality of Lian, Province of Batangas, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with the deliberate intent to satisfy his lust, did then and there wilfully, unlawfully and feloniously commit an act of lasciviousness on the person of Miss Ester Gonzales, a public school teacher, by then and there placing himself close to her, embracing and kissing her against her will and by means of force, and as a consequence thereof said offended party fell to the floor resulting to her injury which caused her pain and tenderness on the right side of the trunk on the posterior surface of the right arm which injuries may require 3 to 4 days to heal; that the crime was committed with the aggravating circumstance that the same was perpetrated inside the public school building and during class hour.

CONTRARY TO LAW.

The accused filed separate motions to quash, contending that (a) with respect to Criminal Case No. 823 for Direct Assault, the information does not charge a sufficient cause of action and that it charges two offenses in a single complaint; and (b) with respect to Criminal Case No. 841 for Acts of Lasciviousness, . . . that the accused would be placed in double jeopardy and that the complaint charges two offenses. On August 16, 1962, over the opposition of the Assistant Provincial Fiscal, the court a quo issued an order quashing the two informations. Said the court:

After reading the informations in both criminal cases, the Court agrees with counsel that the acts committed by the accused as alleged in the two informations constitute one offense.

As regards the motion to quash filed in Criminal Case No. 841, the grounds alleged in support thereof are: (1) that the accused would be placed in double jeopardy; and (2) that the criminal complaint charges two offenses. Without discussing the merits of these grounds above-quoted, the Court believes that the information filed in Criminal Case No. 841 should be dismissed or quashed for the reason that the offense charged therein is already absorbed in the offense charged in Criminal Case No. 823.

Thus, the dispositive portion of the order reads:

WHEREFORE, it is the opinion of this Court that the information in Criminal Case No. 823 which charges only unjust vexation or physical injuries should be quashed for the reason that the same is within the original jurisdiction of the Justice of the Peace. And, as to the information in criminal Case No. 841, the same should likewise be quashed on the ground that the acts complained of is already included in Criminal No. 823.

From this order, the Government interposed the present appeal.

Stated differently in the rationale of its order, the court a quo quashed Criminal Case No. 823 on the following ground: That while the offense is designated as direct assault, nevertheless the main allegations of the information may at most constitute unjust vexation for the reason that an important element of the crime of direct assault is conspicuously absent in the information. This essential element is the knowledge of the accused that the victim is a person in authority. . . .This being the case and since . . . sufficient allegations are contained in the information in question to hold the accused responsible for an offense, the Court believes that the information is sufficient in substance to at least constitute unjust vexation or physical injuries.

Direct assault is committed by any person or persons who, without a public uprising, . . . shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties or on occasion of such performance. (See Art. 148, Revised Penal Code.)

By express provision of law (Com. Act No. 578, now part of Article 152 of the Revised Penal Code, as amended by Republic Act No. 1978), teachers, professors, and persons charged with the supervision of public or duly recognized private schools, colleges and universities shall be deemed persons in authority, in applying the provisions of Article 148. This special classification is obviously intended to give teachers protection, dignity, and respect while in the performance of their official duties. The lower court, however, dismissed the information on the ground that there is no express allegation in the information that the accused had knowledge that the person attacked was a person in authority. This is clearly erroneous.

Complainant was a teacher. The information sufficiently alleges that the accused knew that fact, since she was in her classroom and engaged in the performance of her duties. He therefore knew that she was a person in authority, as she was so by specific provision of law. It matters not that such knowledge on his part is not expressly alleged, complainants status as a person in authority being a matter of law and not of fact, ignorance whereof could not excuse non-compliance on his part (Article 3, Civil Code). This article applies to all kinds of domestic laws, whether civil or penal (De Luna vs. Linatoc, 74 Phil. 15) and whether substantive or remedial (Zulueta vs. Zulueta, 1 Phil. 254) for reasons of expediency, policy and necessity.

With respect to the dismissal of the information for Acts of Lasciviousness, we agree with the conclusion reached by the court a quo. Although it is true that the same acts may constitute more than one offense, we are of the opinion, upon an examination of the events which gave rise to the filing of the two aforementioned informations, that the offense of Acts of Lasciviousness does not appear to have been committed at all.

It would be somewhat difficult to lay down any rule specifically establishing just what conduct makes one amendable to the provisions of article 439 (now article 336) of the Penal Code. What constitutes lewd or lascivious conduct must be determined from the circumstances of each case. It may be quite easy to determine in a particular case that certain acts are lewd and lascivious, and it may be extremely difficult in another case to say where the line of demarcation lies between such conduct and the amorous advances of an ardent lover. (U. S. v. Gomez, 30 Phil. 22, 25)

The presence or absence of lewd designs is inferred from the nature of the acts themselves and the environmental circumstances. In the instant case, considering the manner, place and time under which the acts complained of were done, even as alleged in the information itself, lewd designs can hardly be attributed to accused. The factual setting, i.e., a schoolroom in the presence of complainants students and within hearing distance of her co-teachers, rules out a conclusion that the accused was actuated by a lustful design or purpose or that his conduct was lewd or lascivious. It may be that he did embrace the girl and kiss her but, this of itself would not necessarily bring the case within the provision of Article 336 of the Revised Penal Code.

WHEREFORE, the order of the court a quo quashing the information for Direct Assault is hereby set aside and this case is remanded to the lower court for trial on the merits; and with respect to the dismissal of the information for Acts of Lasciviousness, the same is hereby affirmed. No pronouncement as to costs.

Dizon, Bengzon, J.P., Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.

Concepcion, C.J., and Reyes, J.B.L., J., took no part.