R . A .

7877
"Anti-Sexual
Harassment Act
o f 1995"
 Section 1
R . 7877
A .
"Anti-Sexual Harassment
A c t o f 1995"

AN ACT DECLARING SEXUAL

HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES
 Section 2
Declaration of
policy
R . 7877
A .
The State shall value the dignity of every individual, enhance
the development of it 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.
S e c t i o n 3 Wo r k , E d u c a t i o n or
Training-related Sexual
Harassment
 Wo r k r e l a t e d s e x u a l
harassment

 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 a way
would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee;

R.A.7877“Anti-SexualHarassmentActof
 W O R K R E L AT E D S E X U A L
HARASSMENT

The above acts would impair

the employee’s rights or
privileges under existing labor
laws; or

The above acts would result

in an intimidating, hostile, or
Education/training related
sexual harassment

 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;
 When the sexual favor is made a condition to a
the giving of passing grade, or the granting of
honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges,
or considerations; or
Education/training related
sexual harassment

 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.
R.A.7877“Anti-SexualHarassmentActof
 sexual harassment
may t a k e p l a c e

 in the premises of the workplace or office or of the school

or training institution;
 in any place where the parties were found as aresult of
work or education or training responsibilities or relations;
 at 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
training- related travel;
 sexual harassment
may t a k e p l a c e

 at official conferences, fora, symposia or training sessions;

or
 by telephone, cellularphone, faxmachineor electronic
mail
 Illustrative forms of
sexual harassment
PHYSICAL
 MaliciousTouching;
 Overt sexual
 advances;
Gestures with lewd insinuation.
Ve r b a l
 requests or demands for sexual favors;
 lurid remarks
CivilServiceCommissionResolutionNo.01-0940
Administrative DisciplinaryRulesonSexualHarassmentCases
 Illustrative forms of
sexual harassment

others
 Use of objects, pictures or graphics, letters or
writingnotes withsexual underpinnings.

CivilServiceCommissionResolutionNo.01-0940
Administrative DisciplinaryRulesonSexualHarassmentCases
 classification of
sexual harassment

Grave offenses

1. unwanted touching of private parts ofthe body

(genitalia, buttocks breast);
and
2.
sexual assault;
3.
malicious touching;

CivilServiceCommissionResolutionNo.01-0940
Administrative DisciplinaryRulesonSexualHarassmentCases
 classification of
sexual harassment

Grave offenses
4. 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
5. other of a stipend
analogous cases. or allowance, and
CivilServiceCommissionResolutionNo.01-0940
Administrative DisciplinaryRulesonSexualHarassmentCases
 classification of
sexual harassment
Less Grave o f f e n s e s
1. unwanted touching or brushing
against a victim’s body;
2. pinching not falling under grave offenses;
3. derogatory or degrading remarks or
innuendoes directed toward the
members of one sex, or one’s
sexual orientation or used to describe a
person;
 classification of
sexual harassment
Less Grave offenses
4. verbal abuse with sexual overtones; and
5. other analogous cases.
 classification of
sexual harassment
Light o f f e n s e s
1. surreptitiously looking or staring a look of a
person’s private part or worn undergarments;
2. 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;
 classification of
sexual harassment

Light o f f e n s e s
3. malicious leering or ogling;
4. the display of sexually offensive pictures, materials
or graffiti;
5. unwelcome inquiriesorcommentsabouta
sex life; person’s
6. unwelcom sexual flirtation, advances,
epropositions;
 classification of
sexual harassment

Light o f f e n s e s
7. making offensive hand or body gestures at an employee;
8. persistent unwanted attention with sexual overtones;
9. unwelcome phone calls with sexual overtones causing
discomfort, embarrassment, offense or insult to the
receiver; and
10. other analogous cases.
 Section 4
Duties of t h e Employer

Promulgate appropriate rules and regulations in consultation

with the jointly approved by the employees or students or
trainees, through their duly designated representatives,
prescribing the procedure for the investigation or sexual
harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in
the proper courts for unlawful acts of sexual harassment.
 Duty o f t h e Employer

 Create a committee on decorum and investigation of cases

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

1. The full name and address of the complainant;

2. The full name, address, and position of the
respondent;
3. Abrief statement of the relevant facts;
4. Evidence, in support of the complainant, if any;
5. Acertification of non-forum shopping.
 Section 5
liabilities

The employer or head of office, educational training

institution shall be solitarily liable for damage 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 thereon.
 Section 6
independent action f o r
dama
ges
Nothing in thisAct shall preclude the victim of work,
education or training-related sexual harassment
instituting a separate fromindependent action for
and affirmative relief.
damages and other

R.A.7877“Anti-SexualHarassmentActof
 Section 7
penalties

 Any person who violates the provisions of thisAct shall,

upon conviction, 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 such fine and
 imprisonment at the discretion of the court.
Any action arising from the violation of the provision of this
Act shall prescribe in three (3) years.
R.A.7877“Anti-SexualHarassmentActof
 Section 8
separability c l a u s e

Ifany portion or provision of thisAct is declared

void and unconstitutional, the remaining
portions or provisions hereof shall not be
affected by such declaration.

R.A.7877“Anti-SexualHarassmentActof
 Section 9
repealing c l a u s e

All laws, decrees, orders, rules and regulations,

other issuances, or parts thereof inconsistent
withare hereby repealed or
theprovisions of thisAct
modified accordingly.
 Section 9
effectivity clause

ThisAct shall take effect fifteen (15) days after its

complete publication in at least two (2) national
newspaper ofgeneral circulation.
 TRUE OR FALSE
1. Sexual harassment can occur outside work site and still
the
be considered work related.
2. Sexual harassment is not limited to physical contact. It can
occur any time that an individual is uncomfortable with
anotherperson’sapproaches,commentsor
3. discussions.
Friendly flirting is not sexual harassment when
flirting is practiced between mutually consenting
individuals who are equal in power or authority.
4. In order for it to be determined harassment, the
sexual
victim has to be of the opposite sex of the harasser.
5. Terms of endearment with co-workers, i.e.
"honey," "dear" are considered verbal abuse and
charges can be brought up against the employee.