R.A.

7877 Anti-Sexual Harassment Act of 1995

Section 1. Title. This Act shall be known as the "Anti-Sexual Harassment Act of 1995." AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES It is an imposition of misplaced superiority which is enough to dampen an employees spirit and her capacity for advancement which affect ones sense of judgment and changes ones life.

Section 2: Declaration of Policy 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. - (Enhance the development improve the growth or progress, Uphold the dignity support the pride) All forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.

FORMS OF SEXUAL HARASSMENT (a) Physical i. Malicious Touching; ii. Overt (obvious) sexual advances; iii. Gestures with lewd insinuation. - Number one is physical. This includes but not limited to malicious touching or otherwise known as act of lasciviousness, very obvious sexual advances, and gestures (facial expressions, body language, hand gestures, and even other bodily movements) with lewd connotations (lewdness rude/offensive) (b) Verbal, such as but not limited to, requests or demands for sexual favors, and lurid remarks; - (The other one is verbal. This includes requests or demands for sexual favors (having sex, asking for a kiss, or requesting to be hugged) and lurid (shocking) remarks that have malicious intent in them.) (c) Use of objects, pictures or graphics, letters or writing notes with sexual underpinnings; - (The next one would be use of objects, pictures or graphics, or written notes with sexual underpinnings or influences. an example: let us say a supervisor jokes around with his female subordinate and then the employee gets offended by such a dirty joke; she can actually complain about her boss and file it as an act of sexual harassment. another example: a supervisor is holding an FHM magazine with a sexy celebrity on the cover page and suddenly cracks a joke with his female subordinate saying they have similarities after saying he fantasizes over the model; then the female employee can complain about it especially if she feels insulted or abused. It would appear to her that the mere fact he is saying they have similarities is like he is saying he also fantasizes over her.) (d) Other forms analogous to the forgoing.

- (Analogous similar, equivalent, related or comparable - Any other act or conduct of a sexual nature or for purposes of sexual gratification which is generally annoying, disgusting or offensive to the victim.) Section 3: Definition of Work, Education or Training-related Sexual Harassment Is committed by an employer, employee, manager, supervisor, agent of the employee, 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. - (Moral ascendancy means strong moral authority (power or influence. Sexual Harassment can only be considered as such if or when the offender is someone in authority or who has a direct or indirect governing or controlling influence over another who is a subordinate. This means that a peer-to-peer case or a subordinate-to-supervisor case is not considered as one or might be categorized under a different law. Sexual Favor- Any sexual act in a subservient (serving or acting in a subordinate capacity; subordinate) -dominant relationshipe.g., employee-employer, student-professor, registrar-consultantwhich is exchanged for privileged treatment in a workplace, better grades, career advancement, etc. Is the sexual favor that is being demanded, requested or required only limited to inviting the subordinate to have a sexual intercourse with the superior? No. When we say sexual, it does not only involve the act itself but also includes anything that has to do with or related to the reproductive organs or a behavior, which is sexually motivated or has sexual desires. What can be derived from here is that even a dirty joke that was not accepted well, an uncalled for remark that did not come across funny to the recipient, or any of the superiors body parts brushing over the body of the subordinate whether intentionally or not and was interpreted by the latter as sexually motivated can be considered as an act of sexual harassment. In a work-related or employment environment, sexual harassment is committed when: (a) The sexual favor is made as a condition in the hiring or in the employment; re-employment or continued employment; or in granting favorable compensation, terms of conditions, promotions, or privileges. - It is true that this provision calls for a demand, request or requirement of a sexual favor. But it is not necessary that the demand, request or requirement of a sexual favor be articulated(spoken) in a categorical(resounding) oral(verbal) or written statement. It may be discerned, with equal certitude (conviction/certainty), from the acts of the offender. For example: * Holding and squeezing a female employees shoulders, * running fingers across her neck and tickling her ear, * having inappropriate conversations with her, * giving her money for whatever expenses with a promise of future privileges, and * making statements with unmistakable sexual overtones all these acts resound with deafening clarity the unspoken request for a sexual favor. (b) The sexual harassment acts would impair the employee's rights or privileges under existing labor laws; or The refusal to grant the sexual favor results in: limiting, segregating or classifying the employee; discriminate, deprive or diminish employment opportunities; or otherwise adversely affect said employee; (c) Would result in an intimidating, hostile, or offensive environment for the employee. In an education or training environment, sexual harassment is committed: (a) Against one who is under the care, custody or supervision of the offender; (b) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (c) When the sexual favor is made a condition to: giving of a passing grade, the granting of honors and scholarships, the payment of a stipend, allowance or other benefits, privileges, or consideration; or (d) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

A hostile environment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. A hostile environment with respect to sexual harassment occurs when such conduct has the purpose or effect of unreasonably interfering with an individuals work or academic performance or creating an intimidating, hostile, or offensive working or learning environment. Example of Scenarios of creating a hostile environment in school: anyone uses sexually suggestive cartoons in teaching a subject not related to sex. 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. Example: When the superintendent saw a pretty and sexy teacher in one of the gatherings of teachers, he asked somebody to get the phone number of the said teacher. Since the one asked was a friend, she readily gave her number because it was the superintendent who asked for it. A few days after that meeting, she received a call from the superintendent inviting her for dinner but she was told not to bring a chaperone. Sensing something fishy, she declined the invitation and gave out excuses. Many invitations followed thereafter and as usual she never accepted any of those propositions. The superintendent did not give up instead, he sought the help of the principal. The principal kept on nudging (pushing) her to accept the invitation even once. But she was firm in her conviction (belief). What she did when she could no longer stomach the pressures imposed upon her is she told the principal that if he does not stop pressuring her, she will file the harassment complaint against him and his boss at the Ombudsman. He showed the principal a copy of this Republic Act. From then on, the principal and the superintendent stopped pestering her but if the said act persists, they will be both charged of sexual harassment. Section 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment To prevent or deter the commission of acts of sexual harassment To provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. The employer or head of office shall: (a) 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. (b) (c) Create a committee on decorum and investigation of cases on sexual harassment. (d) 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. Committee on Decorum and Investigation: In the case of 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 educational or training institution: the committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches, and students or trainees 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. - Every citizen has the right to know the law. As they say, "Ignorance of the law excuses no one."

Section 5: Liability of the Employer, Head of Office, Educational or Training Institution. The employer or head of office, educational training institution shall be solidarily 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. - (Unreasonable interference can occur between coworkers of equal status as well as between superiors and subordinates. The employer of the coworker may be legally liable for such harassment if the employer knows or should know about it and fails to take timely and appropriate responsive action- the liability of the employer, head of office, educational or training institution arises when, informed of acts of sexual harassment but no immediate action was taken.) - Solidary liability : liability that is shared by obligors and that makes any one obligor liable for the entire obligation to the obligee but also apportions the liability among the obligors so that contribution is allowed) Can the victim pursue independent actions for the damages and not just rely on the companys final verdict or administrative sanctions? (The answer is yes. Section 6 of the Republic Act 7877 says that: Section 6: Independent Action for Damages. 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. - Preclude means to prevent nothing can prevent the victim to file a case if she is not contented or happy with the administrative sanctions served to the offender by the company for the act of sexual harassment and she believe the person deserves more. She has the right to take the case to the court and have a public attorney/private lawyer handle everything for her given their knowledge and expertise. How are the violators be punished by law? - (Once proven guilty, The offender or Any person who violates the provisions of this Act shall, be penalized by: Section 7: PENALTIES 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. ADMINISTRATIVE LIABILITIES The head of office who fails to act within fifteen (15) days from receipt of any complaint for sexual harassment properly filed against any employee in that office shall be charged with Neglect of Duty. Any person who is found guilty of sexual harassment shall, after the investigation, be meted the penalty corresponding to the gravity and seriousness of the offense. The penalties for light, less grave, and grave offenses are as follows: A. For light offenses: 1st offense Reprimand; 2nd offense Fine or suspension not exceeding thirty (30) days 3rd offense Dismissal B. For less grave offenses: 1st offense Fine or suspension of not less than thirty (30) days and not exceeding six (6) months; 2nd offense Dismissal C. For grave offenses: Dismissal

If the respondent is found guilty of two or more charges or counts, the penalty to be imposed should be that corresponding to the most serious charge or count and the rest shall be considered as aggravating circumstances.

What to do next once victimized? The Pinoy Employees Guide to Survival in the Workplace 1. Reject the advance being made firmly in a polite manner but loud and conspicuous enough for potential witnesses to hear and see it. 2. Take note of the event by recording the date, the exact time and the specific location in the workplace where it happened. 3. Tell your closest confidant in the workplace first. - (the offended must tell the trustworthy authorities about their experience and let the due process and justice take it from there.) 4. Report it to your immediate supervisor unless he/she is the offender. - (let your immediate supervisor know that you were harassed except of course if the person in question is himself/herself. When this happens, common sense says, that you skip level or bypass the person and go to next level or path of escalation who is that persons own boss.) 5. Go to your HR person in your immediate supervisors absence or if he is the person in question. - (What if your bosss immediate superior is not doing anything to help you with your case or is siding with your immediate supervisor? Usually, this happens when the former is very close to the latter. In cases like this, you skip them all together and you just go straight to Human Resources particularly the Employee Relations department and let them take care of everything.) Example: The case of Ma. Lourdes Domingo, stenographer III at NLRC against Chairman Rogelio Rayala of NLRC: It was filed on November 1998 after Mr. Rayala hold and squeeze Domingos shoulders, run his fingers across her neck and tickling her ear, having inappropriate conversations with her, giving her money for whatever expenses with a promise of future privileges, and making statements with unmistakable sexual overtones. Domingo was offended with Rayala acts and she confided her experience with her co-employee and she was advised to return the money, she also requested for transfer in other department then, file a leave. After presentation of both evidences, the case was rendered with a decision on December 2001. It was undeniable that Rayala took advantage of his position as superior of the complainant since he was the NLRC chairman. He was found guilty of the grave offense of disgraceful and immoral conduct and was dismissed from the service. As a managerial employee, Rayala failed to set a good example of proper conduct in public office so that they may work efficiently in a healthy working atmosphere. Conclusion: There have been so many cases of sexual harassment in the public school and other. The victims are not only students (superiorteachers) but also teachers (superior- Supervisor/Principal). So, this RA 7877 is very helpful to employees, especially the rank and file. They are helpless if the head of office victimizes them. For fear of reprisal, some employees give in to the sexual demands of their bosses. These employees are ignorant of this Republic Act. That's why it is imperative (very important/necessary) that each employee read the articles in the constitution to know their rights and privileges. They have to know the laws. It is a misconception (fallacy) that only lawyers or lawmakers should be well-versed of our constitution (bill). Every citizen has the right to know. As they say, "Ignorance of the law excuses no one." This Republic Act 7877 was Approved on February 14, 1995 By: Pres. Fidel V. Ramos

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Thats all. Thank you.