5/19/2021
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It is established that petitioner suffered some form of injury, but the pieces of evidence
he submitted are not sufficient to convince this Court that he has been rendered
permanently and totally disabled. Thus, this Court is precluded from awarding disability
benefits, not because of his non-compliance with the 3-day reportorial requirement, but
because there is barely any evidence to support the claim for disability benefits.
In a separate opinion in Garcia v. Drilon,[120] the existence of violence against men and
the underreporting of such incidents was recognized. It was discussed that:
Social and cultural expectations on masculinity and male dominance urge
men to keep quiet about being a victim, adding to the unique experience of
male victims of domestic abuse. This leads to latent depression among boys
and men. In a sense, patriarchy while privileging men, also victimizes them.
There is now more space to believe that portraying only women as victims
will not always promote gender equality before the law. It sometimes
aggravates the gap by conceding that women have always been dominated
by men. In doing so, it renders empowered women invisible; or, in some
cases, that men as human beings can also become victims.
In this light, it may be said that violence in the context of intimate
relationships should not be seen and encrusted as a gender issue, rather it is
a power issue. Thus, when laws are not gender-neutral, male victims of
domestic violence may also suffer from double victimization first by their
abusers and second by the judicial system. Incidentally, focusing on women
was the victims entrenches some level of heteronormativity. It is blind to the
possibility that, whatever moral positions are taken by those who are
dominant, in reality intimate relationships can also happen between men.
[121]
To restate, sexual harassment can happen to anyone and everyone. Our society has
often depicted women as being the weaker sex, and the only victims of sexual
harassment. It is high-time that this notion is corrected. To consider women as the
weaker sex is discriminatory. To think that only women can be victims of sexual
harassment is discriminatory against men who have suffered the same plight; men who
have been victimized by sexual predators.
III
Both the Labor Arbiter122 and the National Labor Relations Commission123 found that
petitioner was sexually harassed. Respondents also did not refute this. In view of the
sexual harassment suffered by petitioner at the hands of CO Oleksiy, he is entitled to
moral damages, exemplary damages, and attorney's fees.
The provisions of the POEA Standard Employment Contract strikes a balance between
the interests of the employer and the seafarer. It provides for "the process for recovery
of compensation as a result of occupational hazards suffered by the seafarer."[124]
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