PRACTICAL EXERCISE

TRUE OR FALSE. Write TRUE if the statements are true. If FALSE, explain your answer
briefly.
1. Sexual Harassment committed outside the worksite is not considered as work-related
sexual harassment.
2. Sexual harassment requires that there must be a demand or request of a sexual favor and
must be articulated in a categorical oral or written statement.
3. Friendly flirting is not sexual harassment when flirting is practiced between mutually
consenting individuals who are equal in power or authority.
4. In order for it to be sexual harassment, the victim must has to be of opposite sex of the
harasser.
5. Terms of endearment with co-workers, i.e. “honey”, “dear” are considered verbal abuse
and charges can be brought up against the employee.
6. Albert was invited to appear in a police line-up. Albert refuses and contends that he has
the right to counsel. Police line-up is part of custodial investigation and thus the person
invited must be afforded with a counsel.
7. The right to be informed of the Miranda Warnings can be waived by the accused.
8. Evidences obtained in violation of the person’s Miranda Rights are admissible as
evidence.
9. Danny was placed in a police line-up where he was identified as the one who shot the
victim. After the line-up, Danny made a confession to a newspaper reporter who
interviewed him. The confession made by Danny is inadmissible in evidence.
10. Jose Walangtakot admitted killing his girlfriend in a fit of jealousy. This admission was
made after the following answer and question to wit:

“T – Ikaw ay may karapatan pa rin kumuha ng serbisyo ng isang abogado para makatulong
mo sa imbestigasyong ito at kung wala kang makuha, ikaw ay
aming bibigyan ng libreng abogado, ano ngayon ang iyong masasabi?”

“S – Nandiyan naman po si Fiscal (point to Assistant Fiscal Aniceto Malaputo) kaya hindi
ko na kinakailanganang abogado.”

Jose Walangtakot repudiated his confession is admissible in evidence.

Case Problem:

1. A, who was arrested as a suspect in a murder case was not represented by counsel during
the “question and answer” stage. However, before he was asked to sign his statements to
the police investigator, the latter provided A with a counsel, who happened to be at the
police station. After conferring with A, the counsel told the police investigator that A was
ready to sign the statements.

Can the statements of A be presented in court as his confession? Explain.

2. Rafael, Carlos and Joseph were accused of murder before the Regional Trial Court of
Manila. Accused Joseph turned state witness against his co-accused Rafael and Carlos, and
was accordingly discharged from the information. Among the evidence presented by the
prosecution was an extrajudicial confession made by Joseph during the custodial
Investigation, implicating Rafael and Carlos who, he said, together with him
(Joseph), committed the crime. The extrajudicial confession was executed without the
assistance of counsel.

Accused Rafael and Carlos vehemently objected on the ground that said extrajudicial
confession was inadmissible in evidence against them.

Rule on whether the said extrajudicial confession is admissible in evidence or not.

3. Atty. Renan, a CPA-lawyer and Managing Partner of an accounting firm, conducted the
orientation seminar for newly-hired employees of the firm, among them, Miss Maganda.
After the seminar, Renan requested Maganda to stay, purportedly to discuss

some work assignment. Left alone in the training room, Renan asked Maganda to go out
with him for dinner and ballroom dancing. Thereafter, he persuaded her to accompany
him to the mountain highway in Antipolo for sight-seeing. During all these, Renan told
Maganda that most, if not all, of the lady supervisors in the firm are where they are now,
in very productive and lucrative posts, because of his favorable endorsement.

Did Renan commit acts of sexual harassment in a work- related or employment

environment? Reasons. (3%)