5/19/2021
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come in many forms—physical, emotional, or psychological. It is high-time that we
recognize sexual harassment on board vessels as a risk faced by our seafarers. We also
cannot disregard the possibility that Toliongco felt shame over what had happened.
Victims of sexual abuse usually take time before reporting to the proper authorities.
Perhaps, more so if they are male as society has made it hard for male victims of
sexual harassment to come out and report. At its core, sexual harassment is not an
issue of gender but an issue of power and it may take time to find solutions.
WHEREFORE, premises considered, the Petition is PARTLY GRANTED. Respondents
are liable to pay petitioner following: (1) US$ 1,389.20 for the unexpired portion of the
contract (US$ 604.00 basic monthly salary x 2.30 months); (2) Moral damages
amounting to PI00,000.00; (3) Exemplary damages amounting to P5 0,000.00; and (4)
Attorney's fees amounting to 10% of the total monetary award. All these shall earn
legal interest at the rate of six percent (6%) from the finality of this Decision until fully
paid.[131]
SO ORDERED.
Leonen, J., (Chairperson), Gesmundo*, Carandang, Zalameda, and Gaerlan JJ., concur.
January 5, 2021
NOTICE
OFJUDGMENT
Sirs / Mesdames:
Please take notice that on July 8, 2020 a Decision, copy attached hereto, was
rendered by the Supreme Court in the above-entitled case, the original of which was
received by this Office on January 5, 2021 at 1:40 p.m.
Very truly yours,
MISAEL DOMINGO C. BATTUNG III
Division Clerk of Court
By:
(Sgd.) RUMAR D. PASION
Deputy Division Clerk of Court
* On wellness leave.
[1] Rollo,p. 100-101.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66544
19/25
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