Table of Contents

I. Introduction
a. Background of the Study 1
b. Thesis Statement 4
c. Definition of Terms 4
d. Objective of the Study 5
e. Significance of the Study 5
f. Scope and Limitation 7
g. Methodology 7
h. Organization of the Thesis 9
II. Confidential Settlements Covering Sexual Misconduct and the Law on
Contracts
a. Confidential Settlements 11
b. Sexual Misconduct 12
c. Contracts in the Philippines 14
d. Confidential Settlements Covering Sexual Misconduct as within the
purview of the Law on Contracts 16
e. The Problem with Confidential Settlements Covering Sexual Misconduct
19
III. Confidential Settlements Covering Sexual Misconduct as seen from the
Freedom to Stipulate Perspective
a. The “Freedom to Stipulate” Perspective 21
b. Limitations of the “Freedom to Stipulate” Perspective 22
c. Confidential Settlements Covering Sexual Misconduct as Valid from the
Freedom to Stipulate Perspective 25
i. Avoidance of the Process and Uncertainties of Litigation 26
ii. Avoidance of Reputational Harm 29
iii. Fear of Engagement with the Alleged Perpetrators and
Confidentiality Matters 30
iv. Protection for the Wrongfully Accused 32
v. Deterrence 33
IV. Confidential Settlements Covering Sexual Misconduct as seen from the Public
Policy Perspective
a. Contracts Against Public Policy 36
b. Confidential Settlements Covering Sexual Misconduct as Void from the
Public Policy Perspective 41
V. Public Policy as the Domineering Perspective
a. Analysis 49
i. Public Interest Strand 50
ii. Public Morality Strand 53
b. Conclusion 58
VI. Recommendation
a. American Laws on Confidential Settlements Covering Sexual Misconduct
60
i. State of Florida 60
 ii. State of New York 62
iii. State of Washington 63
iv. State of New Jersey 64
v. State of California 66
vi. State of Pennsylvania 67
b. A Similar Law for the Philippines 69