Anti-Sexual Harassment Law

Republic Act 7877

Anti-Sexual Harassment Act of 1995
Passed on February 8, 1995
Approved on February 14, 1995

Why?

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.

Who commits, where and what happens?

...by any other person who, having authority, influence or moral ascendancy
over another
in a work, 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.

What constitutes acts of sexual harassment?

Workplace

Sexual favor is made as a condition for a favorable exchange or the refusal to

grant would result to an unfavorable condition for the object of the act
Act would impair the employees right or privileges under existing labor laws
Act would result in an intimidating, hostile, or offensive environment for the
employee

Education or Training

Against one who is under the care, custody or supervision of the offender;
Against one whose education, training, apprenticeship or tutorship is
entrusted to the offender
Act is made as a condition for a favorable exchange or the refusal to grant
would result to an unfavorable condition for the object of the act;
Act would result in an intimidating, hostile, or offensive environment for the
student, trainee or apprentice

Who are liable?

Offender;

Any person who directs or induces another to commit any act of sexual
harassment;
Any person who cooperates in the commission thereof by another whose
without which it would not have been committed; and/or
Employer or head of office, educational or training institution that is informed
of such acts but takes no immediate action.

What can the offended party do?

File a complaint with the institution s/he is connected; and

File a complaint before a court of law

What are the possible penalties?

Imprisonment (1-6 months);

Fine (PhP 10,000 PhP 20,000);
Both fine and imprisonment

What are the duties of the employer or Head of Office?

Prevention
Provision of procedures for the resolution, settlement or prosecution of acts of
sexual harassment

What should employers or head of offices do?

In consultation with and approval of representatives of all stakeholders:

Come up with Guidelines on Proper Decorum

Create a CODI
Disseminate the Act

What are the common misconceptions?

Women provoke and ask for it

This is just for women
Just a bit of workplace fun

Social perception that sexual harassment is a small problem

Use of culture to deny or justify sexual harassment

Why victims choose not to report?

Lack of power vs the harasser

Fear of losing their incomes or potential employment
Fear of losing their personal and economic freedom
Lack of awareness
Not knowing what to do about sexual harassment

What are the proposed amendments to RA 7877?

SB 1412 Seeks to expand the medium of communication by including SMS,

electronic mail, electronic chat and other similar means of conveying
messages via electronic communication
SB 2635 Seeks to add/amend the following
o Customer, guest and client as possible offenders
o Imprisonment from 6 months to 6 years
o Fine from PhP 50,000 PhP 70,000
HB 6620
o Sexual Harassment may be verbal, physical or through available
technology within or outside education or training area.
o Violators include those who have authority to approve/grant
appointments, admissions, or scholarships
o Head of Office must adopt and implement a comprehensive,
detailed, written policy
o There should be promulgated rules and Guidelines for Proper
Decorum within and outside education or training institution
o Create CODI within one year from agencys existence or initial
operations which CODI has been given more extensive and welldefined duties and functions.
o Liability of Head of Office is increased because it includes
situations where facts show that s/he is presumed to have
knowledge of acts constituting sexual harassment, particularly
where sexual harassment is openly practiced and well known
among employers, students or trainees.
o Penalties: Fine PhP 50,000 (maximum is imposed on superior
officials, leader, instructor, professor, coach, trainee etc.)
o Assign the following in crafting IRR:
- CSC for the public sector
- DOLE for the private sector
- PCW, DepEd, CHED & TESDA to provide inputs
- NGOs, Civil Society as observers