REPUBLIC ACT No.

7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR

TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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.
THE ANTI-RAPE LAW OF 1997
Rape is governed by Article 335 of the Revised Penal Code (RPC), which was amended on 22 October 1997 by
Republic Act No. 8353, also known as the “Anti-Rape Law of 1997”. Among the innovations under R.A. 8353 are
the following:

1. Marital rape is impliedly recognized. Rape committed against the wife, also known as “marital
rape―, is impliedly acknowledged under the new law, which provides that the subsequent forgiveness by the
wife as the offended party, in case it’s the husband who is the offender, shall extinguish the criminal action or
the penalty. (Article 266-C)

2. Reclassification of rape as a crime against persons. – The new law reclassified rape from crime against
chastity to a crime against persons, which means that prosecution is commenced in court by the filing of an
information by the public prosecutor, and no longer by a mere complaint filed by the offended party, parents,
godparents or guardian.

3. Fourth mode of committing rape. – Prior to 1997, rape is considered committed by having carnal
knowledge of a woman: (1) by using force or intimidation; (2) when the woman is deprived of reason or
otherwise unconscious; or (3) when the woman is under twelve years of age or is demented. The new law added
a fourth mode of committing rape on a woman – by fraudulent machination or grave abuse of authority.

4. Rape may now be committed against men, not only against women. Rape is committed by “any
person who xxx shall commit an act of sexual assault by inserting his penis into another person’s mouth or
anal orifice, or any instrument or object, into the genital or anal orifice of another person.―

5. Rape now includes acts other than penile penetration of the vaginal orifice. The provision quoted above
means that, among other things, a woman may now be charged of raping another woman.

6. On statutory rape. – The new law provides that statutory rape may be committed even though none of the
three other modes are present. RA 8353 provides that rape is committed by “a man who shall have carnal
knowledge of a woman under any of the following circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above be present.―

7. Kind of resistance and proof. Any physical overt act manifesting resistance against the rape in any degree
from the victim is admissible as evidence of lack of consent. Tenacious resistance, however, is not required.
Neither is a determined and persistent physical struggle on the part of the victim necessary. In drafting the new
law, the legislators agreed that Article 266-D is intended to “soften the jurisprudence of the 1970’s―
when resistance to rape was required to be tenacious. The lawmakers took note of the fact that rape victims
cannot mount a physical struggle in cases where they were gripped by overpowering fear or subjugated by
moral authority. Article 266-D tempered the case law requirement of physical struggle by the victim with the
victim’s fear of the rapist or incapacity to give valid consent. Thus, the law now provides that resistance may
be proved by any physical overt act in any degree from the offended party (People vs. Dulay).

8. Marriage extinguishes criminal liability. The new law also expressly provides (Article 266-C) that the
subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or
the penalty imposed. However, this does not apply if the marriage is void ab initio or from the beginning.

Incidentally, the Anti-Rape Law of 1997 should be considered with R.A. 8505 (the “Rape Victim Assistance
and Protection Act of 1998―), which provides for a “rape shield―. It simply means that in rape,
evidence of complainant’s past sexual conduct, opinion thereof or of his/her reputation shall not be admitted
unless, and only to the extent that the court finds, that such evidence is material and relevant to the case. (Sec.
6)
The Rape Victim Assistance and Protection Act of 1998, establishes rape crisis centers in every province and
municipality, to provide counseling, free legal assistance and ensure the privacy and safety of rape survivors. It
also tasks government to train law enforcement officers, public prosecutors, lawyers, medico-legal officers,
social workers and barangay officials on human rights and responsibilities, gender sensitivity and legal
management of rape cases. The DSWD is convening an inter-agency committee for the implementation of the
law.

The Mail Order Bride Law

Republic Act No. 6955, also known as the Mail Order Bride Law, makes it unlawful for anybody to match up Filipino
women for marriage to foreign nationals on a mail-order basis or through personal introduction.

This includes inviting Filipino women to become members of clubs whose objective is to match them up with
foreigners for marriage for a fee.

The use of postal service and the advertisement, publication, printing or distribution of materials promoting such
practices are also punishable.

Violators face jail terms of six to eight years and fines ranging from P8,000 to P20,000.
If the offender is a foreigner, he shall be immediately deported and barred forever from entering the country after
serving his sentence and payment of fine. Almi Ilagan-Atienza, Inquirer Research
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208): A PRIMER

(A recent news article warns foreigners from marrying Filipino women in exchange for their kidneys or other
organs. Two laws were cited: the law against mail-order brides and Anti-Trafficking in Persons Act of 2003.
Since we already have a previous discussion on the prohibition against mail-order brides, let’s have a brief
discussion on Republic Act No. 9208, also known as the “Anti-Trafficking in Persons Act of 2003“.)

What is the meaning of “trafficking in persons”? It refers to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national
borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments
or benefits to achieve the consent of a person having control over another person for the purpose of exploitation
which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also
be considered as “trafficking in persons” even if it does not involve any of the means set forth in the preceding
paragraph.

What is “forced labor and slavery”? It is the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage or deception.

What is “debt bondage”? It refers to the pledging by the debtor of his/her personal services or labor or those of
a person under his/her control as security or payment for a debt, when the length and nature of services is not
clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of
the debt.

How does the law define sex exploitation, prostitution, pornography, and sex tourism?

“Sexual exploitation” refers to participation by a person in prostitution or the production of pornographic

materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority,
debt bondage, fraud or through abuse of a victim’s vulnerability.

“Prostitution” refers to any act, transaction, scheme or design involving the use of a person by another, for
sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.

“Pornography” refers to any representation, through publication, exhibition, cinematography, indecent shows,
information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities
or any representation of the sexual parts of a person for primarily sexual purposes.

“Sex tourism” refers to a program organized by travel and tourism-related establishments and individuals which
consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for
tourists. This includes sexual services and practices offered during rest and recreation periods for members of
the military.

What are the prohibited acts of trafficking in persons and what is the penalty? It shall be unlawful for any
person, natural or juridical, to commit any of the following acts:

1. To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage.
2. To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.
3. To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage.
 4. To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation.
5. To maintain or hire a person to engage in prostitution or pornography.
6. To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage. (Conviction by final judgment
of the adopter for any offense under this law shall result in the immediate rescission of the decree of
adoption).
7. To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person.
8. To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

The penalty is imprisonment for a period of 20 years and a fine of not less than P1 Million but not more than P2
Million.

What are the punishable acts that promote trafficking in persons and what is the penalty? The following
acts which promote or facilitate trafficking in persons, shall be unlawful:

1. To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
purpose of promoting trafficking in persons.
2. To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration
stickers and certificates of any government agency which issues these certificates and stickers as proof
of compliance with government regulatory and pre-departure requirements for the purpose of promoting
trafficking in persons.
3. To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet,
of any brochure, flyer, or any propaganda material that promotes trafficking in persons.
4. To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide pre-
departure registration and services for departing persons for the purpose of promoting trafficking in
persons.
5. To facilitate, assist or help in the exit and entry of persons from/to the country at international and local
airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking in persons.
6. To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings
of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking
redress from the government or appropriate agencies.
7. To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held
to a condition of involuntary servitude, forced labor, or slavery.

The penalty is imprisonment for 15 years and a fine of not less than P500,000, but not more than P1 Million.

What acts are considered as “qualified trafficking in persons” and what is the penalty?The following are
considered as qualified trafficking:

1. When the trafficked person is a child.

2. When the adoption is effected through Republic Act No. 8043, otherwise known as the “Inter-Country
Adoption Act of 1995” and said adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage.
3. When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3) or more persons,
individually or as a group.
4. When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over
the trafficked person or when the offense is committed by a public officer or employee.
5. When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies.
6. When the offender is a member of the military or law enforcement agencies.
7. When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes
insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).
In these cases, the penalty is life imprisonment and a fine of not less than P2 Million, but not more than P5
Million.

What are the penalties for “use of trafficked persons”? Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as follows:

 First offense: 6 months of community service as may be determined by the court and a fine of P50,000.
 Second and subsequent offenses: Imprisonment of 1 year and a fine of P100,000.

What is the penalty for violations in case of confidential proceedings? In cases when prosecution or trial is
conducted behind closed-doors, it shall be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio, producer and director of a film in case
of the movie industry, or any person utilizing tri-media facilities or information technology to cause publicity of
any case of trafficking in persons. The penalty is imprisonment of 6 years and a fine of not less than P500,000,
but not more than P1 Million.

Who can prosecute the case? Any person who has personal knowledge of the commission of any offense
under this law, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a
complaint for trafficking.

Where should the case be filed (venue)? A criminal action arising from violation of this law shall be filed where
the offense was committed, or where any of its elements occurred, or where the trafficked person actually
resides at the time of the commission of the offense: Provided, That the court where the criminal action is first
filed shall acquire jurisdiction to the exclusion of other courts.

How about foreigners? If the offender is a foreigner, he shall be immediately deported after serving his
sentence and be barred permanently from entering the country.

On the other hand, the DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in
persons among extraditable offenses.

Trafficked persons in the Philippines who are foreign nationals shall, subject to the guidelines issued by the
Council, shall also be entitled to appropriate protection, assistance and services available to trafficked persons
under this law. That they shall be permitted continued presence in the Philippines for a length of time prescribed
by the Council as necessary to effect the prosecution of offenders.

What is the prescriptive period for the offenses? Trafficking cases under this law shall prescribe in 10 years.
Trafficking cases committed by a syndicate or in a large scale shall prescribe in 20 years. The prescriptive
period shall commence to run from the day on which the trafficked person is delivered or released from the
conditions of bondage and shall be interrupted by the filing of the complaint or information and shall commence
to run again when such proceedings terminate without the accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to the accused.

What are the mandatory services to trafficked persons? The concerned government agencies shall make
available the following services to trafficked persons:

1. Emergency shelter or appropriate housing.

2. Counseling.
3. Free legal services which shall include information about the victims’ rights and the procedure for filing
complaints, claiming compensation and such other legal remedies available to them, in a language
understood by the trafficked person.
4. Medical or psychological services.
5. Livelihood and skills training.
6. Educational assistance to a trafficked child.

Repatriation of Trafficked Persons. The DFA, in coordination with DOLE and other appropriate agencies, shall
have the primary responsibility for the repatriation of trafficked persons, regardless of whether they are
documented or undocumented. If, however, the repatriation of the trafficked persons shall expose the victims to
greater risks, the DFA shall make representation with the host government for the extension of appropriate
residency permits and protection, as may be legally permissible in the host country.
Legal Protection to Trafficked Persons. Trafficked persons shall be recognized as victims of the act or acts of
trafficking and as such shall not be penalized for crimes directly related to the acts of trafficking enumerated in
this law or in obedience to the order made by the trafficker in relation thereto. In this regard, the consent of a
trafficked person to the intended exploitation set forth in this law shall be irrelevant.