Вы находитесь на странице: 1из 35

RA 7877

ANTI-SEXUAL HARASSMENT
ACT OF 1995

Dictionary definition of:


Sexual Harassment
Sexual
Ascendancy

Sexual Harassment - Uninvited and


unwelcome behavior of a sexual nature
especially by a person in authority
towards a subordinate
Sexual Does not just involve the act
itself but anything that has to do with or
related to the reproductive organs or
behavior which is sexually mmotivated or
has sexual desires
Ascendancy Governing or controlling

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.

Under Section 3
In work-related or in employment environment
This is committed when a person demands,
requests, or requires sexual favors from
another person in exchange for another thing
such as hiring for employment, re-employment,
or continued employment, granting favorable
compensation, terms of conditions, promotions,
or privileges.
Refusal to accept sexual favors would mean
discrimination or deprivation of employment
opportunities.
It is also sexual harassment if the sexual favors
would result to abuse of rights under the labor
law and an environment that is intimidating,
hostile, or offensive for the victim.
Who commits: This may be committed by an
"employer, employee, manager, supervisor,
agent of the employer, any other person who,
having authority, influence or moral ascendancy
over another in a work environment, demands,
requests or otherwise requires any sexual favor
from the other."

What is
sexual
harassment
And
Who
commits it

What is
sexual
harassmen
t
And
Who
commits it

Under Section 3
In education or training environment
This is committed when a person
demands, requests, or requires sexual
favors from a student in exchange for
giving a passing grade, or the granting
of honors and scholarships, or the
payment of a stipend, allowance or
other benefits, privileges and
considerations.
Just the same, if the sexual favors
would result to an intimidating, hostile
or offensive environment for the
student, trainee, or apprentice, they
are also considered sexual harassment.
Who commits: committed by a "teacher,
instructor, professor, coach, trainor, or
any other person who, having authority,
influence, or moral ascendancy over
another...demands, requests, or otherwise
requires any sexual favor from the other."

Other forms:
Under the Civil Service Commission Resolution
Number 01-0940, a set of administrative rules for
government employees, forms of sexual
harassment include:

malicious touching
overt sexual advances
gestures with lewd insinuation
requests or demands for sexual favors, and lurid
remarks
use of objects, pictures or graphics, letters or
writing notes with sexual underpinnings
other forms analogous to the ones mentioned

Other forms:
The Womens Development Code of Davao City, which Duterte
himself signed as mayor, aims to protect the rights of women by
punishing those who committ sexual harassment, among other
things.
Under Section 3 of the ordinance, "unwelcome sexual advances,
requests for sexual favors, or other verbal or physical behavior
of a sexual nature, made directly, indirectly or impliedly" can be
considered sexual harassment.
The following are considered forms of sexual harassment:

persistent telling of offensive jokes, such as green jokes or


other analogous statements to someone who finds them
offensive or humiliating
taunting a person with constant talk about sex and sexual
innuendos

Other forms:

interrogating someone about sexual activities or private life


during interviews for employment, scholarship grant, or any
lawful activity applied for
making offensive hand or body gestures at someone
repeatedly asking for dates despite verbal rejection
staring or leering maliciously
touching, pinching, or brushing up against someones body
unnecessarily or deliberately
kissing or embracing someone against her will
requesting sexual favors in exchange for a good grade, obtaining
a good job or promotion, etc
cursing, whistling, or calling a woman in public with words
having dirty connotations or implications which tend to ridicule,
humiliate or embarrass the woman such asputa(prostitute),
boring,peste(pest), etc
any other unnecessary acts during physical examinations
requiring women to wear suggestive or provocative attire during
interviews for job hiring, promotion, and admission

Where
may it
happen?

According to the Philippine Statistics


Authority, sexual harassment may happen
in the following:

premises of the workplace or office or of


the school or training institution
any place where the parties are found,
as a result of work or education or
training responsibilities or relations
work- or education- or training-related
social functions
while on official business outside the
office or school or training institution or
during work- or school- or trainingrelated travel
at official conferences, fora, symposia,
or training sessions
by telephone, cellular phone, fax
machine, or electronic mail

Forms of Sexual
Harassment(summary)

Physical
Malicious touching/acts of
lasciviousness/lewdness
Overt sexual advances
Gestures with lewd Insinuation
Verbal
Requests or demands for sexual favors
Lurid Remarks

Forms of Sexual
Harassment(summary)
Also:
Use of Objects, Pictures/Graphics, Letters or
Written Notes with Sexual Underpinnings

CLASSIFICATION OF ACTS OF
SEXUAL HARASSMENT
Grave Offenses
a. unwanted touching of private parts of the body
(genitalia, buttocks, and breast);
b. sexual assault;
c. malicious touching;
d. requesting for sexual favor in exchange for
employment, promotion, local or foreign travels,
favorable working conditions or assignments, a
passing grade, the granting of honors or
scholarship, or the grant of benefits or payment
of a stipend or allowance; and
e. other analogous cases.

CLASSIFICATION OF ACTS OF
SEXUAL HARASSMENT
Less Grave Offenses
a. unwanted touching or brushing against a
victims body;
b. pinching not falling under grave offenses;
c. derogatory or degrading remarks or
innuendoes directed toward the members of
one sex or ones sexual orientation or used to
describe a person;
d. verbal abuse or threats with sexual
overtones; and
e. other analogous cases.

CLASSIFICATION OF ACTS OF
SEXUAL HARASSMENT
Light Offenses
a. surreptitiously looking or stealing a look at a persons
private part or worn undergarments;
b. telling sexist/smutty jokes or sending these through text,
electronic mail or other similar means, causing
embarrassment or offense and carried out after the offender
has been advised that they are offensive or embarrassing or,
even without such advise, when they are by their nature
clearly embarrassing, offensive or vulgar;
c. malicious leering or ogling;
d. the display of sexually offensive pictures, materials or
graffiti;
e. unwelcome inquiries or comments about a persons sex life;
f. unwelcome sexual flirtation, advances, propositions;

CLASSIFICATION OF ACTS OF
SEXUAL HARASSMENT

g. making offensive hand or body


gestures at an employee;
h. persistent unwanted attention with
sexual overtones;
i. unwelcome phone calls with sexual
overtones causing discomfort,
embarrassment, offense or insult to the
receiver; and
j. other analogous cases.

Penalties for offenses of sexual harassment


Grave offenses Dismissal
Less grave offenses
1 st offense - Fine or suspension for thirty (30) days but
not exceeding six (6) months
2 nd offense Dismissal
Light offenses
1 st offense - Reprimand
2 nd offense - Fine or suspension not exceeding thirty
(30) days
3 rd offense Dismissal
WHAT IF THE RESPONDENT IS FOUND GUILTY OF TWO
(2) OR MORE CHARGES OR COUNTS?
The penalty to be imposed shall be that corresponding to the
most serious charges or count and the rest shall be considered
as aggravating circumstances.

Penalty

A fine of Php 10,000 Php 20,000


Imprisonment of 1-6 months

-Both on the discretion of the court based


on the gravity of the offense

SECTION 4. Duty of the Employer


or Head of Office in a Workrelated, Education or Training
Environment.
It shall be the duty of the employer or the
head of the work-related, educational or
training environment or institution, to
prevent or deter the commission of acts of
sexual harassment and to provide the
procedures for the resolution, settlement or
prosecution of acts of sexual harassment.

Duty of the employer or the head of the


work-related, educational or training
environment or institution
To Promulgate appropriate rules and
regulations in consultation with and jointly
approved by the employees or students or
trainees, through their duly designated
representatives, prescribing the procedure
for the investigation of sexual harassment
cases and the administrative sanctions
therefor.
The said rules and regulations issued shall
include, among others, guidelines on
proper decorum in the workplace and
educational or training institutions.

Duty of the employer or the head


of the work-related, educational
or training environment or
institution

To Create a committee on decorum and


investigation of cases on sexual
harassment. The committee shall conduct
meetings, as the case may be, with
officers and employees, teachers,
instructors, professors, coaches, trainors,
and students or trainees to increase
understanding and prevent incidents of
sexual harassment. It shall also conduct
the investigation of alleged cases
constituting sexual harassment.

The contents of a complaint

Full name and address of the complainant


Full name, address and position of the
respondent
Brief statement of the relevant facts
Evidence, in supporting the complainant,
if any
A certification of non-forum shopping

Composition of Committee
under section 4
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.
- The term of office of Committee on Decorum and Investigation
shall be two (2) years.
-The employer or head of office, educational or training
institution shall disseminate or post a copy of this Act for the
information of all concerned.

SECTION 5. Liability of the Employer,


Head of Office, Educational or Training
Institution.
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.

Can the victim pursue criminal action


even if there is pending admin case?
Yes. Administrative sanctions shall not be a
bar to prosecution in the proper courts for
unlawful acts of sexual harassment.

Can the victim pursue independent


action for damages?
Yes, under section 6 of the law provides:
Nothing in this Act shall preclude the victim
of work, education or training-related
sexual harassment from instituting a
separate and independent action for
damages and other affirmative relief.

The Anti-Violence Against Women and


Their Children Act, also known as
Republic Act 9262, also considers sexual
harassment as a form of violence against
women.

Section 3 of the law says that sexual


violence refers to rape, sexual
harassment, acts of lasciviousness,
treating a woman or her child as a sex
object, making demeaning and sexually
suggestive remarks.

Philippine Commission on
Women
The PCW provides a rationale for expanding the RA 7877
The Anti-SH Act of 1995 has been considered a landmark
legislation as it finally gave a name and legal recognition
to such unwelcome sexual advances. The law defines
Sexual Harassment as 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.

Continuation
However, the definition of sexual harassment in
RA7877 is limiting. It does not specifically address the
issue of "hostile environment" (resulting from) sexual
harassment between peers or co-employees.5 Under
the law, sexual harassment presupposes the existence
of authority, influence or moral ascendancy between
the offender and the offended party. But in many
instances, both the offender and the offended party are
peers or have the same rank or status, while in some
cases, the offended party happens to be the superior
officer. These circumstances could not be considered as
sexual harassment within the context of R.A. 7877.

Continuation

According to the Civil Service Commission, a total of 150 cases


of sexual harassment have been recorded, from 1994 to 2012, of
which 101 cases were resolved, while 20 were referred to the
agencies involved. Data on Compliance of Higher Educational
Institutions with RA 7877 show that in 2011, 42 complaints from
State Universities and Colleges (SUCs) and 49 complaints from
Private Higher Education Institutions (HEIs) were reported to
CHED. However, the number of cases in the private sector is
difficult to account due to lack of a centralized reporting system.
These numbers do not completely represent the situation of
sexual harassment in the Philippines, but show that it is
happening in the educational or training institutions, in the
workplace and even in religious institutions. Many women do not
report cases simply because of the stigma that still exists, or
because their cases do not fall within the purview of the current
Anti-SH law.

Effects of sexual
harassment

The consequences to the individual employee can


be many and serious. In some situations, a
harassed woman risks losing her job or the chance
for a promotion if she refuses to give in to the
sexual demands of someone in authority. In other
situations, the unwelcome sexual conduct of coworkers makes the working conditions hostile and
unpleasant- putting indirect pressure on her to
leave the job. Sometimes, the employee is so
traumatized by the harassment that she suffers
serious emotional and physical consequences and
very often, becomes unable to perform her job
properly.

Effects of sexual
harassment
The consequences to working women as a group are no less
serious. Sexual harassment has a cumulative, demoralizing effect
that discourages women from asserting themselves within the
workplace, while among men it reinforces stereotypes of women
employees as sex objects. Severe or pervasive sexual harassment
in certain types of businesses creates a hostile or intimidating
environment that causes women to leave their jobs and look
elsewhere for work or discourages them from seeking those jobs in
the first place.
The effect on the morale of all employees can also be serious. Both
men and women in a workplace can find their work disrupted by
sexual harassment even if they are not directly involved. Sexual
harassment can have a demoralizing effect on everyone within
range of it, and it often negatively impacts company productivity
on the whole.

SEC. 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.