Why Duterte's kiss NOT sexual harassment under the law

President Rodrigo Duterte's act of kissing a woman on stage during a meeting with the Filipino community in Seoul, South Korea on Sunday prompted criticism on social media.

Before ending his speech during the meeting, Duterte in jest said he would give a book in exchange for a kiss as payment and specifically asked for women in the audience. He gave a book titled "Altar of Secrets: Sex, Politics, and Money in the Philippine Catholic Church" to an overseas Filipino worker and gave her a kiss on the lips. NEWS SOURCE: Duterte draws flak for kissing woman on stage at South Korea meet; Rosette Adel (philstar.com) - June 3, 2018 - 8:45pm; Read more at https://www.philstar.com/headlines/2018/06/03/1821368/duterte-draws-flak-kissing-woman-stage-south-korea-meet#R9CcQ0hYRAQFb2l0.99


First of all, the lady kissed obviously gave her consent. Also, technically, "sexual harassment" only happens in workplaces, schools and other educational or training environments.

Section 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."

Section 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.

Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive ordiminish employment opportunities or otherwise adversely affect said employee;
(2) The above acts would impair the employee's rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.

President Rodrigo Duterte ended his meeting with the Filipino community in South Korea by kissing an overseas Filipino worker (OFW) on the lips – a move that drew cheers from the audience but disgust from some netizens.

Duterte first called two female OFWs to join him onstage to receive a copy of "Altar of Secrets: Sex, Politics, and Money in the Philippine Catholic Church," a book by the late Aries Rufo, who was a Rappler senior investigative reporter. The President has repeatedly shown a copy of this book to mock the Catholic Church. NEWS SOURCE: Cheers, disgust as Duterte kisses OFW in South Korea; Rappler.com Published 10:00 PM, June 03, 2018 Updated 10:05 PM, June 03, 2018; https://www.rappler.com/nation/204029-duterte-ofw-south-korea-kiss-on-the-lips-video-june-3-2018