republic act 7877

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Republic Act 7877Republic Act 7877

Anti Anti--Sexual Harassment Act of Sexual Harassment Act of 19951995



STATE POLICY:STATE POLICY:

State shall value the dignity of everyState shall value the dignity of everyindividual, enhance the developmentindividual, enhance the development

of its human resources, guarantee fullof its human resources, guarantee fullrespect for human rights, and upholdrespect for human rights, and upholdthe dignity of workers, employees,the dignity of workers, employees,applicants for employment, studentsapplicants for employment, students

or those undergoing training,or those undergoing training,instruction or educationinstruction or education



Context:Context:

It is a lascivious act by language.It is a lascivious act by language.

Mere words or proposalMere words or proposal--(SH).(SH).

It happens in a workplace/TrainingIt happens in a workplace/Traininginstitution/workinstitution/work--related environment.related environment.



Definition:Definition:

an employer, employee, manager, supervisor,an employer, employee, manager, supervisor,agent of the employer, teacher, instructor,agent of the employer, teacher, instructor,professor, coach, trainor, or any other personprofessor, coach, trainor, or any other personwho, having authority, influence or moralwho, having authority, influence or moralascendancy over another in a work or training orascendancy over another in a work or training oreducation environment,education environment,

demands, requests or otherwise requires anydemands, requests or otherwise requires anysexual favor from the other, regardless ofsexual favor from the other, regardless ofwhether the demand, request or requirement forwhether the demand, request or requirement forsubmission is accepted by the object of said Act.submission is accepted by the object of said Act.



In a workIn a work--related or employment environment,related or employment environment,sexual harassment is committed when:sexual harassment is committed when:

(1) Sexual Favors is made as a condition of:(1) Sexual Favors is made as a condition of:

hiring or in the employment, rehiring or in the employment, re--employment oremployment orcontinued employment of said individualcontinued employment of said individual

granting said individual favorable compensation,granting said individual favorable compensation,terms, conditions, promotions, or privilegesterms, conditions, promotions, or privileges

the refusal to grant the sexual favor results inthe refusal to grant the sexual favor results inlimiting, segregating or classifying the employeelimiting, segregating or classifying the employeewhich in any way would discriminate, deprive orwhich in any way would discriminate, deprive ordiminish employment opportunities or otherwisediminish employment opportunities or otherwiseadversely affect said employeeadversely affect said employee



(2) The above acts would impair the(2) The above acts would impair theemployee's rights or privileges underemployee's rights or privileges underexisting labor lawsexisting labor laws

(3) The above acts would result in an(3) The above acts would result in anintimidating, hostile, or offensiveintimidating, hostile, or offensive

environment for the employeeenvironment for the employee



In an education or training environment,In an education or training environment,sexual harassment is committed:sexual harassment is committed:

ELEMENTS:ELEMENTS:

(1)(1) Against one who is under the care, custody or Against one who is under the care, custody orsupervision of the offender;supervision of the offender;

(2)(2) Against one whose education, training, apprenticeship or Against one whose education, training, apprenticeship ortutorship is entrusted to the offender;tutorship is entrusted to the offender;

(3)(3) When the sexual favor is made a condition to the givingWhen the sexual favor is made a condition to the givingof a passing grade, or the granting of honors and scholarshipsof a passing grade, or the granting of honors and scholarshipsor the payment of a stipend, allowance or other benefits,or the payment of a stipend, allowance or other benefits,privileges, or considerations; orprivileges, or considerations; or

(4)(4) When the sexual advances result in an intimidating,When the sexual advances result in an intimidating,hostile or offensive environment for the student, trainee orhostile or offensive environment for the student, trainee orapprentice.apprentice.



Any person who directs or induces Any person who directs or inducesanother to commit any act of sexualanother to commit any act of sexual

harassment as herein defined, or whoharassment as herein defined, or whocooperates in the commission thereofcooperates in the commission thereofby another without which it would notby another without which it would nothave been committed, shall also behave been committed, shall also be

held liable under this Act.held liable under this Act.



What is the duty of the employer or headWhat is the duty of the employer or headof office in a workof office in a work--related, education orrelated, education or

training environmenttraining environment

It shall be the duty of the employer or theIt shall be the duty of the employer or thehead of the workhead of the work--related, educational orrelated, educational or

training environment or institution, totraining environment or institution, toprevent or deter the commission of acts of prevent or deter the commission of acts of sexual harassment and to provide thesexual harassment and to provide theprocedures for the resolution, settlement procedures for the resolution, settlement

or prosecution of acts of sexualor prosecution of acts of sexualharassment. Towards this end, theharassment. Towards this end, theemployer or head of office shall:employer or head of office shall:



(a)(a) Promulgate appropriate rules andPromulgate appropriate rules andregulations in consultation with and jointlyregulations in consultation with and jointly

approved by the employees or students orapproved by the employees or students ortrainees, through their duly designatedtrainees, through their duly designatedrepresentatives, prescribing the procedurerepresentatives, prescribing the procedurefor the investigation of sexual harassment for the investigation of sexual harassment

cases and the administrative sanctionscases and the administrative sanctionstherefor.therefor.



Administrative sanctions shall not be a bar to Administrative sanctions shall not be a bar toprosecution in the proper courts for unlawfulprosecution in the proper courts for unlawfulacts of sexual harassment.acts of sexual harassment.

The said rules and regulations issuedThe said rules and regulations issuedpursuant to this subsection (a) shall include,pursuant to this subsection (a) shall include,among others, guidelines on proper decorumamong others, guidelines on proper decorum

in the workplace and educational or trainingin the workplace and educational or traininginstitutions.institutions.



(b)(b) Create a committee on decorum andCreate a committee on decorum andinvestigation of cases on sexualinvestigation of cases on sexualharassment. The committee shall conduct harassment. The committee shall conduct

meetings, as the case may be, withmeetings, as the case may be, withofficers and employees, teachers,officers and employees, teachers,instructors, professors, coaches, trainors,instructors, professors, coaches, trainors,and students or trainees to increaseand students or trainees to increase

understanding and prevent incidents of understanding and prevent incidents of sexual harassment. It shall also conduct sexual harassment. It shall also conduct the investigation of alleged casesthe investigation of alleged casesconstituting sexual harassment.constituting sexual harassment.



The employer or head of office, educationalThe employer or head of office, educationalor training institution shall disseminate oror training institution shall disseminate orpost a copy of RA 7877 for the informationpost a copy of RA 7877 for the informationof all concerned.of all concerned.



Who shall comprise the committee onWho shall comprise the committee ondecorum and investigation of cases ondecorum and investigation of cases on

Sexual harassmentSexual harassment??

In the case of a workIn the case of a work--related environment,related environment,

the committee shall be composed of at least the committee shall be composed of at least one (1) representative each from theone (1) representative each from themanagement, the union, if any, themanagement, the union, if any, theemployees from the supervisory rank, andemployees from the supervisory rank, and

from the rank and file employees.from the rank and file employees.



In the case of the educational or trainingIn the case of the educational or traininginstitution, the committee shall beinstitution, the committee shall becomposed of at least one (1) representativecomposed of at least one (1) representativefrom the administration, the trainors,from the administration, the trainors,instructors, professors or coaches andinstructors, professors or coaches andstudents or trainees, as the case may be.students or trainees, as the case may be.



What is the liability of the employer,What is the liability of the employer,head of office, educational or traininghead of office, educational or training

institution?institution?

The employer or head of office,The employer or head of office,educational or training institution shall beeducational or training institution shall be

solidarily liable for damages arising fromsolidarily liable for damages arising fromthe acts of sexual harassment committedthe acts of sexual harassment committedin the employment, education or trainingin the employment, education or trainingenvironment if the employer or head of environment if the employer or head of

office, educational or training institution isoffice, educational or training institution isinformed of such acts by the offendedinformed of such acts by the offendedparty and no immediate action is taken.party and no immediate action is taken.



Besides filing a case under RA 7877, can theBesides filing a case under RA 7877, can thevictim also file other charges?victim also file other charges?

The victim of work, education or trainingThe victim of work, education or training--related sexual harassment can institute arelated sexual harassment can institute aseparate and independent action forseparate and independent action fordamages and other affirmative relief.damages and other affirmative relief.



What are the penaltiesWhat are the penalties

provided for under RA 7877?provided for under RA 7877? Any person who violates the provisions of Any person who violates the provisions of

this Act shall, upon conviction, bethis Act shall, upon conviction, be

penalized by imprisonment of not lesspenalized by imprisonment of not lessthan one (1) month nor more than six (6)than one (1) month nor more than six (6)months, or a fine of not less than Tenmonths, or a fine of not less than Tenthousand pesos (P10,000) nor more thanthousand pesos (P10,000) nor more than

Twenty thousand pesos (P20,000), orTwenty thousand pesos (P20,000), orboth such fine and imprisonment at theboth such fine and imprisonment at thediscretion of the court.discretion of the court.



What is the prescriptive period for filingWhat is the prescriptive period for filingof cases of sexual harassment?of cases of sexual harassment?

Any action arising from the violation of the Any action arising from the violation of theprovisions of RA 7877 shall prescribe inprovisions of RA 7877 shall prescribe inthree years.three years.



CSC Resolution No. 01CSC Resolution No. 01--09400940

LegalLegal BasisBasis-- RR..A A 78777877

Administrative AdministrativeD

isciplinaryD

isciplinary RulesRules onon SexualSexualHarassment Harassment promulgatedpromulgated onon MayMay 2121,, 20012001..



SEXUAL HARASSMENTSEXUAL HARASSMENT

IsIs anan act,act, oror seriesseries of of acts,acts, involvinginvolving anyanyunwelcomeunwelcome sexualsexual advance,advance, request request orordemanddemand forfor aa sexualsexual favor,favor, oror otherother verbalverbaloror physicalphysical behaviorbehavior of of aa sexualsexual nature,nature,committedcommitted byby aa government government employeeemployee ororofficialofficial inin aa workwork--related,related, trainingtraining educationeducation

relatedrelated environment environment of of thethe personpersoncomplainedcomplained of of..



Forms of Sexual Harassment Forms of Sexual Harassment

PhysicalPhysical ± ± Malicious Touching, OvertMalicious Touching, Overt

Sexual Advances and Gestures withSexual Advances and Gestures with

Lewd insinuation.Lewd insinuation.VerbalVerbal ± ± request or demands for sexualrequest or demands for sexual

favors and lurid remarks (but not limited).favors and lurid remarks (but not limited).

UseUse -- Objects, Pictures or Graphics,Objects, Pictures or Graphics,Letters or written notes with sexualLetters or written notes with sexual

underpinnings.underpinnings.

Other FormsOther Forms analogous to the foregoing.analogous to the foregoing.



COMPLAINTCOMPLAINT

WHEN?WHEN? -- ANYTIMEANYTIME

WHERE?WHERE? -- COMMITTEE ONCOMMITTEE ON

DECORUM ANDDECORUM AND

INVESTIGATIONINVESTIGATION

-- DISCIPLININGDISCIPLINING

AUTHORITYAUTHORITY



Committee on Decorum andCommittee on Decorum andInvestigation (CODI)Investigation (CODI)

FunctionFunction::

Received complaints on sexualReceived complaints on sexual

harassment;harassment; Investigate sexual harassmentInvestigate sexual harassment

complaints;complaints;

Submit a report of its findings withSubmit a report of its findings with

recommendation to the discipliningrecommendation to the disciplining

authority for decision;authority for decision;

Lead the conduct of discussion aboutLead the conduct of discussion about

sexual harassment.sexual harassment.



CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT:CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT:

GRAVE OFFENSES:GRAVE OFFENSES:

Unwanted touching of private parts of the bodyUnwanted touching of private parts of the body

Sexual assault Sexual assault

Malicious touchingMalicious touching

Sexual advances in exchange for employment, promotionSexual advances in exchange for employment, promotion

Other analogous casesOther analogous cases

PENALTY FOR GRAVE OFFENSES:PENALTY FOR GRAVE OFFENSES:DISMISSALDISMISSAL



LESS GRAVE OFFENSES:LESS GRAVE OFFENSES:

Unwanted touching or brushing against a victims body.Unwanted touching or brushing against a victims body.

Pinching not falling under grave offenses.Pinching not falling under grave offenses.

Derogatory or degrading remarks or innuendos directed toward theDerogatory or degrading remarks or innuendos directed toward themembers of ones sex or sexual orientation or used to described amembers of ones sex or sexual orientation or used to described a

person.person. Verbal abuse or threats with sexual overtones/inference. Verbal abuse or threats with sexual overtones/inference.

PENALTIES:PENALTIES:

11STST

OFFENSE: Fine or suspension not less than 30 days & not OFFENSE: Fine or suspension not less than 30 days & not exceeding 6 months.exceeding 6 months.

22ndnd OFFENSE: DismissalOFFENSE: Dismissal



LIGHT OFFENSESLIGHT OFFENSES

Surreptitiously looking or stealing a look at a persons private part or wornSurreptitiously looking or stealing a look at a persons private part or wornundergarments.undergarments.

Telling sexist/smutty jokes or sending this thru text or any means, causingTelling sexist/smutty jokes or sending this thru text or any means, causingembarrassment or offense & carried out after the offender has beenembarrassment or offense & carried out after the offender has beenadvised that they are offensive or embarrassing.advised that they are offensive or embarrassing.

Malicious leering or oglingMalicious leering or ogling Display of sexually offensive pictures or materials..Display of sexually offensive pictures or materials.. Unwelcome inquiries or comments about a persons sex life.Unwelcome inquiries or comments about a persons sex life. Unwelcome sexual flirtation, advances & propositions.Unwelcome sexual flirtation, advances & propositions. Making offensive hand or body gestures at an employee.Making offensive hand or body gestures at an employee.

PENALTIES:PENALTIES: 11STST OFFENSE: ReprimandOFFENSE: Reprimand 22ndnd OFFENSE: Fine or suspension not exceeding 30 days.OFFENSE: Fine or suspension not exceeding 30 days. 33rdrd OFFENSE: Dismissal.OFFENSE: Dismissal.



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republic act 7877

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