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Criminal Law
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Facts: Diego, a gym instructor at FitPulse Gym, repeatedly makes sexually suggestive comments to Lana, a client, during private one-on-one training sessions. He positions himself closer than necessary, lightly touches her lower back while adjusting her posture, and persists with similar remarks after Lana objects and tells him to stop. Bystanders in the gym observe but do not intervene. Lana files complaints with gym management and local police.
a) Under Republic Act No. 11313, Secs. 3-7, 11-12, and 14, are Diego’s acts sexual harassment? State the essential elements and apply them to these facts.
b) What liabilities or remedies could attach to Diego and, if applicable, to FitPulse Gym under these sections?
c) Could Lana bring a civil action for damages under Sec. 12, and what remedies might be available?