Title: The President as TortfeasorInChief
1The President as Tortfeasor-In-Chief
- Establishing Civil Liability for Constitutional
Negligence
2Article 32. Any public officer or employee, or
any private individual, who directly or
indirectly obstructs, defeats, violates or in any
manner impedes or impairs any of the following
rights and liberties of another person shall be
liable to the latter for damages (2) Freedom
of Speech(3) Freedom to write for the press or
to maintain a periodical publication(4) Freedom
from arbitrary or illegal detention(9) The
right to be secure in ones person, house,
papers, and effects against unreasonable searches
and seizures(12) The right to become a member
of associations or societies for purposes not
contrary to law(13) The right to take part in
peaceable assembly to petition the Government for
redress of grievances.
3In any of the cases referred to in this article,
whether or not the defendants act or omission
constitutes a criminal offense, the aggrieved
party has a right to commence an entirely
separate and distinct civil action for damages,
or for other relief. Such civil action shall
proceed independently of any criminal prosecution
(if the latter be instituted), and may be proved
by preponderance of evidence.
4R.A. No.7877, 4. Duty of 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, education 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 student or
trainees, through their duly designated
representatives, prescribing the procedure for
the investigation of sexual harassment cases and
the administrative sanction therefor.(b) Create
a committee on decorum and investigation of cases
on sexual harassment. The committee shall
conduct meeting, as the case may be, with the
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.