The respondent, a law student, filed an administrative complaint for harassment against the petitioner, her professor, alleging that she was given a poor final grade because he wanted to go on a date with her. A school committee found that the petitioner improperly conducted school-related activities outside school premises, indicative of sexually motivated intentions, in violation of the respondent’s policy of providing its students with an environment free from sexual harassment. The NLRC affirmed, declaring a one year suspension from the University. The Supreme Court rejected the petitioner’s argument that his constitutional right to due process was violated, finding that in administrative proceedings, the essence of due process is simply an opportunity to be heard, to explain one’s side or to seek a reconsideration of the action or ruling complained of, and that the petitioner had been afforded that opportunity.
Women and Justice: Keywords
Domestic Case Law
Hercules P. Guzman v. National Labor Relations Commission, et al. Supreme Court of Philippines (2010)
Mashita Katakwe v. Hakasenke High Court of Zambia (2006)
Rosaria, a thirteen-year-old schoolgirl, was raped by defendant teacher, and consequently contracted a venereal disease. The rape occurred in the defendant's home, which Rosaria entered with the intent of picking up some past school papers that the defendant had failed to bring to school on multiple occasions. After bringing this incident to the Head Teacher's attention, it was uncovered that the defendant had done this before, that measures had been taken to warn or protect students from the defendant, that the defendant had only received a verbal warning, and that the previous student victim had transferred to another school. In his defense, the defendant claimed that he was in a relationship with Rosaria, to which she consented, as evidenced by a Valentine's Day card that Rosaria had given him. The High Court held that the defendant breached the duty of care that he owed to his pupils and was therefore negligent, noting that it is the duty of a school teacher to care for his pupils, as would a father for his family. The Court reasoned that school teachers are in a position of moral superiority, and a young schoolgirl's "consent" is fictitious in light of the ethics compelling a teacher to not engage in sexual relations with schoolgirls, a young girl's cognitive inability to truly consent, as well as Section 138 of the penal code, which states that defilement of a girl under the age of 16 is an offense. Notably, the Court held that society's indignation of this type of behavior ought to be reflected in the amount of damages awarded. The Court entered a judgment in favor of Rosaria for K 45,000,000 for her pain and suffering, medical expenses, aggravated damages, and mental torture. Furthermore, the Court held that the School, Ministry of Education, and the Attorney General are vicariously liable for this judgment, noting that the government is responsible for all school going children in the care of its agents, including teachers like the defendant.