Академический Документы
Профессиональный Документы
Культура Документы
http://wiki.lawcenter.ph/index.php?title=Sexual_harassment
Sexual harassment
Sexual harassment is covered under Republic Act ("R.A.") No. 7877, also known as the Anti-Sexual
Harassment Act of 1995,<ref>R.A. 7877, Sec. 1</ref> which is titled An Act Declaring Sexual
Harassment Unlawful in the Employment, Education or Training Environment, and for Other
Purposes. R.A. 7877 is a consolidation of House Bill No. 9425 and Senate Bill No. 1632, and signed
into law by President Fidel V. Ramos on 14 February 1995. This law declares all forms of sexual
harassment in the employment, education or training environment as unlawful.<ref>R.A. 7877, Sec.
2</ref> The law took effect on 5 March 1995.<ref>Narvasa vs. Sanchez, Jr., G.R. No. 169449, 26
March 2010</ref>
Contents
[hide]
2 Publication Requirement
3 Penalty; Prescription
4 References
the sexual favor results in limiting, segregating or classifying the employee which in any way
would discriminate, deprive or diminish 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.
Under the Rule on Administrative Procedure in Sexual Harassment Cases and
Guidelines on Proper Work Decorum in the Judiciary (A.M. No. 03-03-13-SC 2004-1214), work-related Sexual harassment is "committed by an official or employee in the
Judiciary who, having authority, influence or moral ascendancy over another in a work
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 latter."(<ref>A.M. No. 03-03-13-SC 2004-12-14, Sec. 3</ref>) This Rule applies
to all officials and employees of the Judiciary, including those in the Presidential
Electoral Tribunal, the Office of the Court Administrator and the Philippine Judicial
Academy. However, it does not apply to the members of the Supreme Court, who can
only be removed by impeachment under the Constitution, and the members of
the Judicial and Bar Council.
It is not necessary that the demand, request or requirement of a sexual favor be
articulated in a categorical oral or written statement. It may be discerned, with equal
certitude, from the acts of the offender.<ref>Domingo vs. Rayala, G.R. No. 155831, 18
February 2008</ref>
Moreover, it is not essential that the demand, request or requirement be made as a
condition for continued employment or for promotion to a higher position. It is enough
that the respondents acts result in creating an intimidating, hostile or offensive
environment for the employee.<ref>Domingo vs. Rayala, G.R. No. 155831, 18 February
2008</ref>
In Education or Training
In an education or training environment, sexual harassment is committed:<ref>R.A.
7877, Sec. 3(b)</ref>
(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 considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for
the student, trainee or apprentice.
Publication Requirement
R.A. 7877 requires educational or training institutions to "promulgate
rules and regulations in consultation with and jointly approved by
the employees or students or trainees, through their duly designated
representatives, prescribing the procedures for the investigation of
sexual harassment cases and the administrative sanctions
therefor."<ref>R.A. 7877, Section 4(a)</ref> It is interesting to note that
the rules and regulations promulgated by private entities to enforce and
implement R.A. 7877 must be published.<ref>Mapua Institute of
Technology <ref>Gatbonton vs. NLRC, G.R. NO. 146779, 23 January
2006</ref>
Penalty; Prescription
The crime of sexual harassment is punishable by imprisonment of not
less than 1 month nor more than 6 months, and/or a fine of not less
than P10,000.00 nor more than P20,000.00, or both such fine and
imprisonment at the discretion of the court.<ref>R.A. 7877, Sec. 7</ref>
Any action arising from the violation of R.A. 7877 shall prescribe in
three (3) years.<ref>R.A. 7877, Sec. 7</ref>
---------
-------------http://attyatwork.com/sexual-harassment-ra-7877/
Whats the difference between Good morning, sir and Sir, morning na? Well, the latter
may mean lots of things, one of which is sexual harassment. I know there are hotter issues
of these days, but in the meantime, lets shift and set our hands on sexual harassment (pun
intended). Republic Act 7877, also known as the Anti-Sexual Harassment Act of 1995 ,
covers only the superiors in a work, education or training-related environment.
(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, reemployment or continued employment of said individual, or in granting said individual
favorable compensation, terms, 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 or diminish employment opportunities or otherwise
adversely affect said employee;
2) The above acts would impair the employees rights or privileges under existing labor
laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
------------------------http://www.hau.edu.ph/student_affairs/antisexualharass.php
Anti-Sexual Harassment Act of 1995 R.A. 7877
What is R.A 7877 ?
This law declares as unlawful all forms of sexual harassment in school and in places of work.
It penalizes or punishes the offender after judgment by a court of Law and also allows the
punishment of any offender under the rules and regulations that a school or place of work may
adopt in accordance with the provisions of the law itself.
To guarantee that the learning and working environment is free from any sexual harassment
and is conducive for a harmonious and productive work and study.
In attaining this purpose the law seeks to value the dignity of individuals and protect the
human resources of the country by guaranteeing full respect for the human rights of the
people
Implementing Rules and Regulations for the Anti-Sexual Harassment Act of 1995
(R.A.#7877)
PART I: STATE AND SCHOOL POLICIES
Section 1. State 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.
It is the duty of the employer to prescribe the guidelines on proper decorum in the workplace and
educational institution, and to provide the procedure for the resolution settlement or prosecution of
said acts.
Section 2. School Policy
One objective of the Holy Angel University is to foster an open learning and working environment. This
implies its obligation to provide an environment that is free from sexual harassment and from fear
that it may occur. Since the entire academic community suffers when sexual harassment takes place.
It is the declared policy of Holy Angel University that sexual harassment is unacceptable behavior and
a violation of the law shall never be tolerated or condoned.
Violations of these policies shall result in disciplinary action including but not limited to expulsion or
termination as the case may be, without prejudice to criminal prosecution
All members of the HAU community affected by or involved in a sexual harassment incident shall be
treated with respect and given full opportunity to present their side of the incident.
Considering the delicate nature of such incidents and possible misconceptions and apprehensions, the
University shall accord the respondent as much respect as the complainant, by ensuring confidentiality
and due process in the investigation of the case and by punishing those who commit damaging
intrigue, perjury or those who are found to have made false accusations.
School Administrators- the school head or the chief operating officer of a school or in general,
those who are duly appointed (and occupying) a position of responsibility involved in both
policy-formulation and implementation;
Non-Academic Personnel- any employee who does not fall under the definition and coverage of
teaching staff, administrators and academic non-teaching personnel.
The University shall be considered both as a place of study and a place of work.
Section 2. Sexual Harassment
Sexual harassment is committed by an employer, agent of the employer, manager, supervisor,
employee, instructor, coach, trainor or any other person who having authority, influence, moral
ascendancy or physical superiority over another in a work/educational environment demands, requests
or requires any sexual favor from another, whether or not the other person accepts the demand,
request or requirement. Forms of sexual harassment include:
Forms of Sexual Harassment:
Displaying objects which are sexual in nature that would create a hostile or offensive
environment;
Against one who is under the care, custody or supervision of the offender;
Against one whose education, training, apprenticeship or tutorship of the victim is entrusted to
the offender;
The sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and/or scholarships, or the payment of a stipend, allowance or other benefits,
privileges or considerations;
The sexual advances result in an intimidating hostile or offensive environment fort the
student/trainee/apprentice.
The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of the victim;
The sexual favor leads to the granting of favorable compensation, terms, conditions,
promotions or privileges;
The refusal to grant the sexual favor results in the limiting, segregating or classifying the
employee in a way that will discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee;
The sexual favor or its refusal impairs the employees rights or privileges under existing labor
laws;
The sexual favor or its refusal results in an intimidating hostile or offensive for the employee.
Sexual harassment can be verbal, visual or physical. It can be overt, as in the suggestion that a
person could get a higher grade or a salary increase by submission to sexual advances. The
suggestion need not be direct or explicit, it can be implied from the conduct, circumstances and
relationship of the person involved.
Section 4. Offenders
Offenders may be those who have authority, influence or moral ascendancy over another. Students
committing sexual offenses will be charged as per provisions of the Student Manual/Handbook.
Section 5. Other Persons Liable
Any person who directs or induces another to commit or succumb to any act of sexual harassment, or
who cooperates in the commission of the act, shall also be held liable under these Rules. Theirs
penalties will be determined by the extent and nature of their involvement.
Sections 6. Sanctions
The Board shall choose from the following based on the gravity of the offense as determined by it.
Reprimand
Suspension
Termination
Administrator
Vice-Chairperson
Administrator
Members
The University shall appoint a Guidance Counselor to provide assistance to the alleged victim, if
he/she is a student.
He is given the chance to answer the charges against him, with the assistance of counsel if
desired;
Written records of cases of sexual harassment must be kept and treated with confidentiality.
Therefore, the public should have no access to them except upon order of the court. All records shall
be kept by the Board Secretariat.
Section 10 - Procedures
The procedures will be summary. The offender cannot invoke cross-examination as a matter of right
but may be allowed to ask clarificatory questions if deemed necessary by the Board. If in the motu
propio opinion of the Board, no hearing is necessary then it shall issue an order to the effect and
declare the case submitted for resolution.
--------------------------
https://psa.gov.ph/content/q-sexual-harassment-cases
a. Malicious touching
b. Overt sexual advances
c. Gestures with lewd insinuation
2. Verbal, such as but not limited to, requests or demands for sexual favors,
and lurid remarks
3. Use of objects, pictures or graphics, letters or written notes with sexual
underpinnings
4. Other forms analogous to the foregoing.
WHAT ARE THE FUNCTIONS OF THE COMMITTEE ON DECORUM AND
INVESTIGATION (CODI) IN SEXUAL HARASSMENT CASES?
The CODI shall:
1. Receive complaints of sexual harassment;
2. Investigate sexual harassment complaints in accordance with the
prescribed procedure;
3. Submit a report of its findings with the corresponding recommendation to
the disciplining authority for decision; and
4. Lead in the conduct of discussions about sexual harassment within the
agency or institution to increase understanding and prevent incidents of
sexual harassment.
WHAT IS THE COMPOSITION OF THE CODI?
At least one (1) representative each from:
1. In a work-related environment:
i. the management
ii. the accredited union (if any)
iii. the first level employees iv. the second level employees
2. In an educational/training institution:
i. the administrator
ii. the trainers, teachers, instructors, professors or coaches
iii. the students or trainees
The term of office of the members of the CODI shall not be more than two
(2) years.
AT THE PRE-FILING STAGE, WHAT ASSISTANCE CAN THE AGENCY PROVIDE
TO AN ALLEGED VICTIM OF SEXUAL HARASSMENT?
The agency may adopt mechanism to provide assistance to an alleged victim
of sexual harassment which may include:
1. counseling;
2. referral to an agency offering professional help; and
3. advice or options available before the filing of the complaint.
WHAT ARE THE STANDARD PROCEDURAL REQUIREMENTS IN HANDLING A
SEXUAL HARASSMENT CASE?
1. When can a complaint for sexual harassment be filed?
Anytime
2. With whom can a complaint file a complaint for sexual harassment be
filed?
With the disciplining authority of the office/ agency; or with the Committee
on Decorum and Investigation. Upon receipt of the complaint, the
disciplining authority of the office/agency shall transmit the same to the
CODI, if there is any.
In the absence of a CODI, the head of office/agency shall cause the creation
of a CODI in accordance with the law and rules and transmit the complaint
to said Committee.
3. What are the requirements for a complaint?
The CODI shall conduct a preliminary investigation which shall involve the ex
parte examination of documents submitted by the complainant and the
person complained of, as well as documents readily available from other
government offices.
During the preliminary investigation, the parties may submit affidavits and
counter-affidavits.
3. Formal Charge
Upon receipt of the counter-affidavit/comment under oath, the Committee
on Decorum and Investigation may now recommend whether a prima facie
case exists to warrant the issuance of a formal charge.
Strict confidentiality of the proceedings during preliminary investigation by
the CODI shall be exercised.
WHAT SHALL BE THE DURATION OF THE PRELIMINARY INVESTIGATION?
The preliminary investigation shall commence not later than five (5) days
from receipt of the complaint by the CODI. It shall be terminated within
fifteen (15) working days thereafter.
WHEN WILL THE CODI SUBMIT ITS INVESTIGATION REPORT ON THE
PRELIMINARY INVESTIGATION?
The CODI shall submit the Investigation Report and the complete records of
the case to the disciplining authority within five (5) working days from the
termination of the preliminary investigation.
WHAT WILL BE THE ACTION OF THE DISCIPLINING AUTHORITY AFTER
PRELIMINARY INVESTIGATION?
Within three (3) working days from receipt of the investigation report, the
disciplining authority shall issue a formal charge if a prima facie case is
established during the investigation. If a prima facie case is not established
during the investigation, the complaint shall be dismissed within three (3)
working days from receipt of the investigation report.
WHAT ARE THE CONTENTS OF THE FORMAL CHARGE?
decisions rendered by the bureau or office head that are appealable to the
CSC)
3. Petition for review with the CSC by a complainant for a decision of a
disciplining authority dismissing a complaint for lack of prima facie case
4. Petition for review with the Court of Appeals on a decision made by the
CSC
5. Petition for certiorari in the proper court by the aggrieved party
WHEN CAN A MOTION FOR RECONSIDERATION BE FILED BY THE ADVERSED
PARTY?
The party adversely affected by the decision may file a motion for
reconsideration with the disciplining authority who rendered the decision
within fifteen (15) days from receipt thereof.
Such is deemed filed on the date stamped on the official copy by the proper
receiving authority, and if sent by mail, on the date shown by the postmark
on the envelope, which shall be attached to the records of the case.
The filing of the motion for reconsideration within the reglamentary period
shall stay the execution of the decision sought to be reconsidered.
WHAT CAN BE THE BASIS FOR A MOTION FOR RECONSIDERATION?
1. New evidence has been discovered which materially affects the decision
rendered; or
2. The decision is not supported by the evidence on record; or
3. Errors of law or irregularities have been committed prejudicial to the
interest of the movant.
CAN THERE BE MORE THAN ONE MOTION FOR RECONSIDERATION?
No, only one motion for reconsideration shall be entertained.
WHEN CAN AN APPEAL FOR DECISIONS OF HEADS OF DEPARTMENTS,
PROVINCES, CITIES, MUNICIPALITIES AND OTHER INSTRUMENTALITIES BE
APPEALED TO THE CSC?
For a decision where the penalty imposed is more than thirty (30) days
suspension or a fine exceeding the equivalent of thirty (30) days salary, it
may be appealed to the CSC within a period of fifteen (15) days from receipt
thereof.
A notice of appeal, including the appeal memorandum, shall be filed with
the appellate authority with a copy furnished to the disciplining office. The
latter shall submit the records of the case, which shall be automatically and
chronologically arranged, paged and securely bound to prevent loss with its
comment within fifteen (15) days, to the appellate authority.
WHEN IS THE APPEAL DEEMED FILED? HOW MUCH IS THE APPEAL FEE?
An appeal sent by mail shall be deemed filed on the date shown by the
postmark on the envelope, which shall be attached to the records of the
case and in case of personal delivery, the date stamped thereon by the
proper office.
The appellant shall pay an appeal fee of three hundred pesos (P300.00) and
a copy of the receipt shall be attached to the appeal.
WHEN IS AN APPEAL PERFECTED?
The appeal is perfected when the appellant shall have submitted within
fifteen (15) days from receipt of the decision the following:
1. Notice of appeal which shall specifically state the date of the decision
appealed from and the date of receipt thereof;
2. Three copies of appeal memorandum containing the grounds relied upon
for the appeal, together with the certified true copy of the decision,
resolution or order appealed from, and certified copies of the document or
evidence;
3. Proof of service of a copy of the appeal memorandum to the disciplining
office;
4. Proof of payment of the appeal fee; and
5. A statement or certification of non-forum shopping
--------
----------http://en.wikipilipinas.org/index.php/Anti-Sexual_Harassment_Act_of_1995
protection of the dignity of workers, employees, and applicants for employment as well as students in
educational institutions or training centers.
This law defines work, education or training-related sexual harassment. It specifies the acts constituting sexual
harassment and sets penalties for violations of its provisions. It also provides for the duties and liabilities of the
employer in cases of sexual harassment.
Under this law, a victim of sexual harassment is not barred from filing a separate and independent action for
damages and other relief aside from filing the charge for sexual harassment. Administrative sanctions are also
not considered a bar for prosecution in the proper courts.
RA 7877 was signed into law by President Fidel V. Ramos on February 14, 1995.
_______________
-----------------https://captainbarangay.wordpress.com/laws/anti-sexual-harassment-act-of-1995-ra7877/
2.
Any person who violates the provisions of the law shall be penalized
by imprisonment of not less than one (1) month nor more than six
(6) months, or a fine of not less than Ten thousand pesos (PI 0,000)
nor more than Twenty thousand pesos (P20.000), or both such fine
and imprisonment at the discretion of the court.
Any action arising from the violation of the provisions of this Act
shall prescribe in three (3) years.
Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995 (RA 7877), is the
governing law for work, education or training-related sexual harassment. RA 7877 states
that 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.
It must be emphasized that the demand of a sexual favor need not be explicit or stated.
Although it is true that RA 7877 calls for a demand, request or requirement of a sexual
favor, it is not necessary that the demand, request, or requirement of a sexual favor be
articulated in a categorical oral or written statement. In one case, the Supreme Court
considered the offenders act of mashing the breast of his student sufficient to constitute
sexual harassment.
Specifically, 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, reemployment 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 or diminish employment opportunities or otherwise
adversely affect said employee;
(2) The above acts would impair the employees rights or privileges under existing labor
laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
On the other hand, 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.
In Narvasa vs. Sanchez, a senior bookkeeper filed a case for sexual harassment against the
municipal assessor. In the said case, the respondent handed notes to the victim Gay, I like
you., as well as text messages saying Ka date ko si Mary Gay ang tamis ng halik mo. ,
Pauwi ka na ba sexy?, I slept and dreamt nice things about you., Have a date with me.,
among others. He would also whisper to the victim Oy flawless, pumanaw ka met ditan
while twice pinching her upper left arm near the shoulder in a slow manner. Furthermore,
during a field trip, the respondent tried to kiss the victim. In such case, the Supreme Court
held the respondent guilty of sexual harassment.
In Domingo vs. Rayala, a case involving a stenographer as the victim and the NLRC
Chairman as the perpetrator, the Supreme Court enunciated that sexual harassment is an
imposition of misplaced superiority which is enough to dampen an employees spirit and
her capacity for advancement. It affects her sense of judgment; it changes her life. Thus, in
holding and squeezing the victims shoulders, running his fingers across her neck and
tickling her ear, having inappropriate conversations with her, giving her money allegedly for
school expenses with a promise of future privileges, and making statements with
unmistakable sexual overtones all resound with deafening clarity the unspoken request for
a sexual favor.
However, in sexual harassment cases, the acts complained of must be in consonance with
human experience. In Digitel vs. Soriano, the Director for Market and Communications sued
her superiors, which were the Senior Vice-President and Senior Executive Vice- President.
The woman filed a complaint for sexual harassment 11 months after she tendered her
resignation. The woman claimed that during a company party, while they were seated in the
sofa, one of the perpetrators crept his hand under a throw pillow and poked her vagina
several times. She justified her failure to flee by claiming that she was hemmed in by the
arm of the sofa. Furthermore, she claimed that thereafter, when she was dancing with one of
the perpetrators, the latter groped her breasts and buttocks.
In this case, the Supreme Court did not give credence to the allegations of the woman and
dismissed the charges of sexual harassment. The Supreme Court ratiocinated that if indeed
the perpetrators performed the condemnable act, why didnt the woman slap the
perpetrators and left the event. The Supreme Court further held that any woman in her right
mind, whose vagina had earlier been poked several times without her consent and against
her will, would, after liberating herself from the clutches of the person who offended her,
raise hell.
RA 7877 mandates that the employer or the head of the work-related, educational or
training environment or institution must provide the procedures for the resolution,
settlement or prosecution of acts of sexual harassment. The employer must create a
committee on decorum and investigation of cases on sexual harassment. In the case of a
work-related environment, the committee shall be composed of at least one (1)
representative each from the management, the union, if any, the employees from the
supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee shall be composed of at
least one (1) representative from the administration, the trainors, instructors, professors or
coaches and students or trainees, as the case may be.
Commission of sexual harassment is a criminal offense. A person found guilty of sexual
harassment shall be penalized by imprisonment of not less than one (1) month nor more
than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than
Twenty thousand pesos (P20,000), or both. Any person who directs or induces another to
commit any act of sexual harassment, or who cooperates in the commission thereof by
another without which it would not have been committed, shall also be held liable under for
sexual harassment.
Damages resulting from sexual harassment may be separately and independently instituted.
In fact, the employer or head of office, educational or training institution shall be solidarily
liable for damages arising from the acts of sexual harassment committed in the
employment, education or training environment if the employer or head of office,
educational or training institution is informed of such acts by the offended party and no
immediate action is taken.