RA 7877 sources

http://wiki.lawcenter.ph/index.php?title=Sexual_harassment

Sexual harassment
Sexual harassment is covered under Republic Act ("R.A.") No. 7877, also known as the Anti-Sexual
Harassment Act of 1995,<ref>R.A. 7877, Sec. 1</ref> which is titled An Act Declaring Sexual
Harassment Unlawful in the Employment, Education or Training Environment, and for Other
Purposes. R.A. 7877 is a consolidation of House Bill No. 9425 and Senate Bill No. 1632, and signed
into law by President Fidel V. Ramos on 14 February 1995. This law declares all forms of sexual
harassment in the employment, education or training environment as unlawful.<ref>R.A. 7877, Sec.
2</ref> The law took effect on 5 March 1995.<ref>Narvasa vs. Sanchez, Jr., G.R. No. 169449, 26
March 2010</ref>

Contents
[hide]

1 Sexual harassment: Who Commits and How Committed

o

1.1 Work-related sexual harassment

1.2 In Education or Training

2 Publication Requirement

3 Penalty; Prescription

4 References

Sexual harassment: Who Commits and How Committed

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 the act.
Work-related sexual harassment
In a work-related or employment environment, sexual harassment is committed when:<ref>R.A.
7877, Sec. 3(a)</ref>
(1) 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 any way
would discriminate, deprive or diminish 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.
Under the Rule on Administrative Procedure in Sexual Harassment Cases and
Guidelines on Proper Work Decorum in the Judiciary (A.M. No. 03-03-13-SC 2004-1214), work-related Sexual harassment is "committed by an official or employee in the
Judiciary who, having authority, influence or moral ascendancy over another in a work
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 latter."(<ref>A.M. No. 03-03-13-SC 2004-12-14, Sec. 3</ref>) This Rule applies
to all officials and employees of the Judiciary, including those in the Presidential
Electoral Tribunal, the Office of the Court Administrator and the Philippine Judicial
Academy. However, it does not apply to the members of the Supreme Court, who can
only be removed by impeachment under the Constitution, and the members of
the Judicial and Bar Council.
It is not necessary that the demand, request or requirement of a sexual favor be
articulated in a categorical oral or written statement. It may be discerned, with equal
certitude, from the acts of the offender.<ref>Domingo vs. Rayala, G.R. No. 155831, 18
February 2008</ref>
Moreover, it is not essential that the demand, request or requirement be made as a
condition for continued employment or for promotion to a higher position. It is enough
that the respondents acts result in creating an intimidating, hostile or offensive
environment for the employee.<ref>Domingo vs. Rayala, G.R. No. 155831, 18 February
2008</ref>
In Education or Training
In an education or training environment, sexual harassment is committed:<ref>R.A.
7877, Sec. 3(b)</ref>
(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 considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for
the student, trainee or apprentice.

Publication Requirement
R.A. 7877 requires educational or training institutions to "promulgate
rules and regulations in consultation with and jointly approved by
the employees or students or trainees, through their duly designated
representatives, prescribing the procedures for the investigation of
sexual harassment cases and the administrative sanctions
therefor."<ref>R.A. 7877, Section 4(a)</ref> It is interesting to note that
the rules and regulations promulgated by private entities to enforce and
implement R.A. 7877 must be published.<ref>Mapua Institute of
Technology <ref>Gatbonton vs. NLRC, G.R. NO. 146779, 23 January
2006</ref>

Penalty; Prescription
The crime of sexual harassment is punishable by imprisonment of not
less than 1 month nor more than 6 months, and/or a fine of not less
than P10,000.00 nor more than P20,000.00, or both such fine and
imprisonment at the discretion of the court.<ref>R.A. 7877, Sec. 7</ref>
Any action arising from the violation of R.A. 7877 shall prescribe in
three (3) years.<ref>R.A. 7877, Sec. 7</ref>

---------

-------------http://attyatwork.com/sexual-harassment-ra-7877/
Whats the difference between Good morning, sir and Sir, morning na? Well, the latter
may mean lots of things, one of which is sexual harassment. I know there are hotter issues
of these days, but in the meantime, lets shift and set our hands on sexual harassment (pun
intended). Republic Act 7877, also known as the Anti-Sexual Harassment Act of 1995 ,
covers only the superiors in a work, education or training-related environment.
(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, 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 any
way would discriminate, deprive or diminish employment opportunities or otherwise
adversely affect said employee;
2) The above acts would impair the employees 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 considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for
the student, trainee or apprentice.
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 the act. The crime of sexual harassment is punishable by imprisonment of not less
than 1 month nor more than 6 months, and/or a fine of not less than P10,000.00 nor more
than P20,000.00.
No related posts.

------------------------http://www.hau.edu.ph/student_affairs/antisexualharass.php
Anti-Sexual Harassment Act of 1995 R.A. 7877
What is R.A 7877 ?

Also known as Anti-Sexual Harassment Act of 1995

This law declares as unlawful all forms of sexual harassment in school and in places of work.

It penalizes or punishes the offender after judgment by a court of Law and also allows the
punishment of any offender under the rules and regulations that a school or place of work may
adopt in accordance with the provisions of the law itself.

What is the purpose of the Law?

To guarantee that the learning and working environment is free from any sexual harassment
and is conducive for a harmonious and productive work and study.

In attaining this purpose the law seeks to value the dignity of individuals and protect the
human resources of the country by guaranteeing full respect for the human rights of the
people

Implementing Rules and Regulations for the Anti-Sexual Harassment Act of 1995
(R.A.#7877)
PART I: STATE AND SCHOOL POLICIES
Section 1. State 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.
It is the duty of the employer to prescribe the guidelines on proper decorum in the workplace and
educational institution, and to provide the procedure for the resolution settlement or prosecution of
said acts.
Section 2. School Policy
One objective of the Holy Angel University is to foster an open learning and working environment. This
implies its obligation to provide an environment that is free from sexual harassment and from fear
that it may occur. Since the entire academic community suffers when sexual harassment takes place.
It is the declared policy of Holy Angel University that sexual harassment is unacceptable behavior and
a violation of the law shall never be tolerated or condoned.
Violations of these policies shall result in disciplinary action including but not limited to expulsion or
termination as the case may be, without prejudice to criminal prosecution
All members of the HAU community affected by or involved in a sexual harassment incident shall be
treated with respect and given full opportunity to present their side of the incident.
Considering the delicate nature of such incidents and possible misconceptions and apprehensions, the
University shall accord the respondent as much respect as the complainant, by ensuring confidentiality
and due process in the investigation of the case and by punishing those who commit damaging
intrigue, perjury or those who are found to have made false accusations.

PART II: DEFINITION OF TERMS

Section 1. School Personnel
This refers to all persons workwing for Holy Angel University, and includes the following:

Teaching Staff- actually engaged in the teaching service;

School Administrators- the school head or the chief operating officer of a school or in general,
those who are duly appointed (and occupying) a position of responsibility involved in both
policy-formulation and implementation;

Academic Non-Teaching Personnel- any employee possessing certain prescribed academic

functions directly supportive of teaching, such as librarians, guidance counselor, researchers,
research assistants, and the like;

Non-Academic Personnel- any employee who does not fall under the definition and coverage of
teaching staff, administrators and academic non-teaching personnel.

The University shall be considered both as a place of study and a place of work.
Section 2. Sexual Harassment
Sexual harassment is committed by an employer, agent of the employer, manager, supervisor,
employee, instructor, coach, trainor or any other person who having authority, influence, moral
ascendancy or physical superiority over another in a work/educational environment demands, requests
or requires any sexual favor from another, whether or not the other person accepts the demand,
request or requirement. Forms of sexual harassment include:
Forms of Sexual Harassment:

Unwelcome sexual advances

Repeated sexually oriented kidding, teasing, joking or flirting;

Verbal abuse of a sexual nature;

Graphic commentary aboutan individuals body, sexual prowess or sexual deficiencies;

Leering, whistling, touching, pinching or brushing against anothers body;

Displaying objects which are sexual in nature that would create a hostile or offensive
environment;

Serious physical abuses such as sexual assault and rape;

Persistent and unwanted attempts to change an educational or professional relationship to a

personal or intimate one.

Section 3. When Sexual Harassment is Committed

In a school-as-a-place-of-study setting, sexual harassment is committed:

Against one who is under the care, custody or supervision of the offender;

Against one whose education, training, apprenticeship or tutorship of the victim is entrusted to
the offender;

The sexual favor is made a condition to the giving of a passing grade, or the granting of
honors and/or scholarships, or the payment of a stipend, allowance or other benefits,
privileges or considerations;

The sexual advances result in an intimidating hostile or offensive environment fort the
student/trainee/apprentice.

In a school-as-a-place-of-work setting, sexual harassment is committed:

The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of the victim;

The sexual favor leads to the granting of favorable compensation, terms, conditions,
promotions or privileges;

The refusal to grant the sexual favor results in the limiting, segregating or classifying the
employee in a way that will discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee;

The sexual favor or its refusal impairs the employees rights or privileges under existing labor
laws;

The sexual favor or its refusal results in an intimidating hostile or offensive for the employee.

Sexual harassment can be verbal, visual or physical. It can be overt, as in the suggestion that a
person could get a higher grade or a salary increase by submission to sexual advances. The
suggestion need not be direct or explicit, it can be implied from the conduct, circumstances and
relationship of the person involved.
Section 4. Offenders
Offenders may be those who have authority, influence or moral ascendancy over another. Students
committing sexual offenses will be charged as per provisions of the Student Manual/Handbook.
Section 5. Other Persons Liable
Any person who directs or induces another to commit or succumb to any act of sexual harassment, or
who cooperates in the commission of the act, shall also be held liable under these Rules. Theirs
penalties will be determined by the extent and nature of their involvement.
Sections 6. Sanctions
The Board shall choose from the following based on the gravity of the offense as determined by it.

Reprimand

Suspension

Termination

Progressive Discipline applies

Section 7. Sanctions Not a Bar to Court Action or Other Actions
Administrative sanctions shall not be a bar to prosecution in the proper courts. Any offense not falling
hereunder may be referred to other school authorities for proper action.
Section 8. Harassment Outside the Campus
The University and the Anti-Sexual Harassment Board herein defined shall take cognizance of sexual
harassment cases committed by the members of its community outside the campus and beyond
classroom and office hours if the sexual favor falls under section 3 hereof.

PART III: ANTI-SEXUAL HARASSMENT BOARD

Section 1. Anti-Sexual harassment Board and its Functions
An Anti-Sexual harassment Board is hereby created. The Board shall conduct orientation, as the case
may be, for employees, faculty, coaches, students, etc., to increase understanding and prevent
incidents of sexual harassment. It shall also conduct the investigation of alleged cases. The Board may
form a Committee to initially determine if submitted cases merit investigation. The Committee may
refer to the Board of Discipline, the Grievance Committee or the Anti-Sexual Harassment Board
depending on the nature of the offense.
Section 2. Composition of the Board
The Board shall be composed of representatives of the different sectors of the University as follows:
Chairperson

Administrator

Vice-Chairperson

Administrator

Members

1 Male and 1 Female Faculty

1Male and 1 Female Employees (from rank and file)
1 Male and 1 Female Students
University Chaplain

The University shall appoint a Guidance Counselor to provide assistance to the alleged victim, if
he/she is a student.

PART IV: GRIEVANCE PROCEDURES

Section 1. Right to Due Process
No disciplinary sanction shall be applied upon any respondent except for cause, and after due process
shall have been observed. The respondent must be afforded confidentiality during the proceedings
Due Process means?

The alleged offender is informed in writing of the accusation against him;

He is given the chance to answer the charges against him, with the assistance of counsel if
desired;

He is informed of the evidence against him;

He is given the chance to present evidence on his own behalf;

All the evidences are considered by the Committee

Section 2. Written Complaint

The complaint must be in writing, under oath and must contain the following information:

The name(s) and address(es) of the complainant/s;

The name (s) of the respondent(s);

Narration of incident (when, where, how);

The name(s) of witness(es), if any;

Attachments of pertinent papers or documents in support of the complaint.

Section 3 - Furnishing Respondent with Complaint

The Board shall immediately furnish the offender a copy of the complaint and all its attachments, and
shall direct him to submit an answer and accompanying documents within ten (10) days from receipt
thereof. The Board shall schedule the hearing on a date immediately after the give period.
Section 4 - When Victim is a Minor
When the offended party is a minor, the parents, or any adult school personnel may file the complaint
for the minor.
Section 5 - Failure to Answer
If offender fails to answer in writing and under oath and submit documents (within ten days from
receipt of the complaint), or fails to appear during the conference, the offender shall be deemed to
have waived his right to present his evidence and the case shall be heard in his absence.
Section 6 - Confidentiality
The Board should make every effort to maintain confidentiality
Section 7 - Reasonable Man/Woman
In view of the fact that the perceptions of men and women may differ as to what constitutes harmless
fun on one hand and offensive conduct on the other hand, the Board shall adopt a reasonable
man/woman rather than a reasonable person, standard to determine whether the act is unwelcome
and sufficiently pervasive to constitute sexual harassment. Under this standard, the proper focus is on
the victims perspective of the given act. Thus, in a typical case, a sexual harassment complaint is
proven if a reasonable man or a reasonable woman would consider the act hostile or offensive.
Section 8 - Liability of the Employer or Head of Officer or University
The employer or head of office/university shall be solidarily liable for damages arising from the acts of
sexual harassment committed on campus if the employer or head of office/university is informed of
such acts by the offended party and no action is taken thereon within ten (10) calendar days from
receipt of the complaint.
Section 9 - Written Records

Written records of cases of sexual harassment must be kept and treated with confidentiality.
Therefore, the public should have no access to them except upon order of the court. All records shall
be kept by the Board Secretariat.
Section 10 - Procedures
The procedures will be summary. The offender cannot invoke cross-examination as a matter of right
but may be allowed to ask clarificatory questions if deemed necessary by the Board. If in the motu
propio opinion of the Board, no hearing is necessary then it shall issue an order to the effect and
declare the case submitted for resolution.

PART V: MISCELLANEOUS PROVISIONS

Section 1. Preventive Suspension of Accused
Any respondent may be placed immediately under preventive suspension without pay for a period not
exceeding thirty (30) days
Section 2. Incriminating Innocent Persons
Any member of the academic community, who shall, by perjury, incriminate or impute to an innocent
person the commission of a sexual harassment act, shall be meted appropriate penalty by the board.
Section 3. Separability Clause
If any part or provision of the Act or any of these implementing rules and regulations be held invalid or
unconstitutional, it shall not affect the effectivity and implementation of its remaining parts or
provisions.
Section 4. Repealing Clause
Any rules and regulations, orders and policies of the University which are inconsistent with any
provision of the Act or with any of these implementing rules and regulations, are hereby deemed
repealed or modified, as the case may be.
Section 5. Effectivity
These Rules and Regulations shall take effect fifteen (15) days after publication and posting by the
Board.

--------------------------

https://psa.gov.ph/content/q-sexual-harassment-cases

Q & A: Sexual Harassment Cases

Release Date:
Monday, March 3, 2008

WHAT IS SEXUAL HARASSMENT?

It is an act or a series of acts involving any unwelcome sexual advance,
request or demand for a sexual favor, or other verbal or physical behavior of
a sexual nature, committed by a government employee or official in a workrelated, training- or education- related environment.
WHAT IS THE POLICY OF THE STATE ON SEXUAL HARASSMENT?
Sexual harassment, which has been declared unlawful in the workplace,
training and education environments, will not be tolerated as it violates the
dignity and human rights of a person.
WHAT IS THE PRESENT LAW ON SEXUAL HARASSMENT?
R.A. 7877, an Act Declaring Sexual Harassment Unlawful in the
Employment, Education or Training Environment, and for other purposes
was approved on February 14, 1995 and became effective on March 5, 1995,
fifteen (15) days after its publication in the Malaya and Times Journal on
February 18, 1995. It is known as The Anti-Sexual Harassment Act of 1995.
WHAT IS CIVIL SERVICE COMMISSION (CSC) RESOLUTION NO. 01-0940?
It is known as the Administrative Disciplinary Rules on Sexual Harassment
Cases.
WHAT IS THE EFFECT OF CSC RESOLUTION NO. 01-0940 TO PRIOR
ISSUANCES OF THE CSC AND THE DEPARTMENT OF LABOR AND
EMPLOYMENT?
It supersedes or repeals prior CSC issuances such as MC No. 19, s. 1994 and
CSC Res. 95-6161. DOLE Administrative Order No. 250, s. 1995 has to be
amended accordingly or replaced altogether, in consonance with the
changes made in the new CSC Rules on Sexual Harassment.

WHERE CAN SEXUAL HARASSMENT BE COMMITTED UNDER THE PROVISIONS

OF CSC RESOLUTION
NO. 01-0940?
Sexual harassment may take place:
1. in the premises of the workplace or office or of the school or training
institution;
2. in any place where the parties were found, as a result of work or
education or training responsibilities or relations;
3. at work or education- or training-related social functions;
4. while on official business outside the office or school or training
institution or during work or school or training-related travel;
5. at official conferences, fora, symposia or training sessions; or
6. by telephone, cellular phone, fax machine or electronic mail.
WHEN IS SEXUAL HARASSMENT COMMITTED IN THE EMPLOYMENT OR
WORK-RELATED ENVIRONMENT?
Work-related sexual harassment is committed when:
1. the submission to or rejection of the act or series of acts is used as basis
for any employment decision (including but not limited to, matters related
to hiring, promotion, raises in salary, job security, benefits and any other
personnel action) affecting the applicant/employee; or
2. the act or series of acts have the purpose or effect of interfering with the
complainants work performance, or creating an intimidating, hostile or
offensive work environment; or
3. the act or series of acts might reasonably be expected to cause
discrimination, insecurity, discomfort, offense or humiliation to a
complainant who may be a co-employee, applicant, customer, or ward of
the person complained of.
WHEN IS SEXUAL HARASSMENT COMMITTED IN AN EDUCATION OR
TRAINING ENVIRONMENT?

Education or training related sexual harassment is committed when:

1. the submission to or rejection of the act or series of acts is used as a
basis for any decision affecting the complainant, including, but not limited
to, the giving of a grade, the granting of honors or a scholarship, the
payment of a stipend or allowance, or the giving of any benefit, privilege or
consideration; or
2. the act or series of acts have the purpose or effect of interfering with the
performance, or creating an intimidating, hostile or offensive academic
environment of the complainant; or
3. the act or series of acts might reasonably be expected to cause
discrimination, insecurity, discomfort, offense or humiliation to a
complainant who may be a trainee, apprentice, intern, tutee or ward of the
person complained of.
WHEN IS A GOVERNMENT OFFICIAL/EMPLOYEE LIABLE FOR SEXUAL
HARASSMENT?
A government official or employee, regardless of sex, is liable for sexual
harassment when he/she:
1. directly participates in the execution of any act of sexual harassment as
defined by the Administrative Disciplinary Rules on Sexual Harassment
Cases;
2. induces or directs another or others to commit sexual harassment as
defined by these Rules;
3. cooperates in the commission of sexual harassment by another through an
act without which the sexual harassment would not have been
accomplished; or
4. cooperates in the commission of sexual harassment by another through
previous or simultaneous acts.
WHAT ARE THE FORMS OF SEXUAL HARASSMENT?
1. Physical

a. Malicious touching
b. Overt sexual advances
c. Gestures with lewd insinuation
2. Verbal, such as but not limited to, requests or demands for sexual favors,
and lurid remarks
3. Use of objects, pictures or graphics, letters or written notes with sexual
underpinnings
4. Other forms analogous to the foregoing.
WHAT ARE THE FUNCTIONS OF THE COMMITTEE ON DECORUM AND
INVESTIGATION (CODI) IN SEXUAL HARASSMENT CASES?
The CODI shall:
1. Receive complaints of sexual harassment;
2. Investigate sexual harassment complaints in accordance with the
prescribed procedure;
3. Submit a report of its findings with the corresponding recommendation to
the disciplining authority for decision; and
4. Lead in the conduct of discussions about sexual harassment within the
agency or institution to increase understanding and prevent incidents of
sexual harassment.
WHAT IS THE COMPOSITION OF THE CODI?
At least one (1) representative each from:
1. In a work-related environment:
i. the management
ii. the accredited union (if any)
iii. the first level employees iv. the second level employees
2. In an educational/training institution:

i. the administrator
ii. the trainers, teachers, instructors, professors or coaches
iii. the students or trainees
The term of office of the members of the CODI shall not be more than two
(2) years.
AT THE PRE-FILING STAGE, WHAT ASSISTANCE CAN THE AGENCY PROVIDE
TO AN ALLEGED VICTIM OF SEXUAL HARASSMENT?
The agency may adopt mechanism to provide assistance to an alleged victim
of sexual harassment which may include:
1. counseling;
2. referral to an agency offering professional help; and
3. advice or options available before the filing of the complaint.
WHAT ARE THE STANDARD PROCEDURAL REQUIREMENTS IN HANDLING A
SEXUAL HARASSMENT CASE?
1. When can a complaint for sexual harassment be filed?
Anytime
2. With whom can a complaint file a complaint for sexual harassment be
filed?
With the disciplining authority of the office/ agency; or with the Committee
on Decorum and Investigation. Upon receipt of the complaint, the
disciplining authority of the office/agency shall transmit the same to the
CODI, if there is any.
In the absence of a CODI, the head of office/agency shall cause the creation
of a CODI in accordance with the law and rules and transmit the complaint
to said Committee.
3. What are the requirements for a complaint?

It must be in writing, signed and sworn to by the complainant, and contains

the following:
Full name and address of the complainant;
Full name, address, and position of the respondent;
A brief statement of the relevant facts;
Residence, in support of the complaint, if any; and
A certification of non-forum shopping.
In the absence of any one of the aforementioned requirements, the
complaint shall be dismissed without prejudice to its refilling.
4. Are complaints sent thru telegram, radiogram, electronic mail or similar
means considered as filed?
Yes, if the requirements provided in Section 12 (b) of Resolution No. 01-0940
are complied with. In the absence of the said requirements, the complaint is
considered non-filed. Complainant has to be notified to comply within ten
(10) days from receipt of the notice for compliance.
5. Shall the withdrawal of the complaint at any stage of the proceedings
preclude the CODI from proceeding with the investigation?
When there is obvious truth or merit to the allegations in the complaint or
where there is documentary or direct evidence that can prove the guilt of
the person complained of, the CODI can proceed with the investigation.
WHAT WILL BE THE ACTION OF THE CODI ON THE COMPLAINT?
1. Counter-Affidavit/Comment of Person Complained of
Upon receipt of a complaint that is sufficient in form and substance, the
CODI shall require the person complained of to submit a CounterAffidavit/Comment under oath within three (3) days from receipt of the
notice, furnishing a copy to the complainant; otherwise, the CounterAffidavit/ Comment shall be considered as not filed.
2. Preliminary Investigation

The CODI shall conduct a preliminary investigation which shall involve the ex
parte examination of documents submitted by the complainant and the
person complained of, as well as documents readily available from other
government offices.
During the preliminary investigation, the parties may submit affidavits and
counter-affidavits.
3. Formal Charge
Upon receipt of the counter-affidavit/comment under oath, the Committee
on Decorum and Investigation may now recommend whether a prima facie
case exists to warrant the issuance of a formal charge.
Strict confidentiality of the proceedings during preliminary investigation by
the CODI shall be exercised.
WHAT SHALL BE THE DURATION OF THE PRELIMINARY INVESTIGATION?
The preliminary investigation shall commence not later than five (5) days
from receipt of the complaint by the CODI. It shall be terminated within
fifteen (15) working days thereafter.
WHEN WILL THE CODI SUBMIT ITS INVESTIGATION REPORT ON THE
PRELIMINARY INVESTIGATION?
The CODI shall submit the Investigation Report and the complete records of
the case to the disciplining authority within five (5) working days from the
termination of the preliminary investigation.
WHAT WILL BE THE ACTION OF THE DISCIPLINING AUTHORITY AFTER
PRELIMINARY INVESTIGATION?
Within three (3) working days from receipt of the investigation report, the
disciplining authority shall issue a formal charge if a prima facie case is
established during the investigation. If a prima facie case is not established
during the investigation, the complaint shall be dismissed within three (3)
working days from receipt of the investigation report.
WHAT ARE THE CONTENTS OF THE FORMAL CHARGE?

1. A specification of the charge/s;

2. A brief statement of material or relevant facts;
3. Certified true copies of the documentary evidence, if any;
4. Sworn statement covering the testimony of witness/es;
5. A directive to answer the charge/s in writing under oath in not less than
seventy-two (72) hours from receipt thereof;
6. An advice for the respondent to indicate in his/her answer whether or not
he/she elects a formal investigation of the charges; and
7. A notice that he/she is entitled to be assisted by a counsel of his/her
choice.
CAN THE RESPONDENT SUBMIT ADDITIONAL EVIDENCE/S AFTER THE
PRELIMINARY INVESTIGATION?
Yes, even if he has already submitted his/her comment/s and counter
affidavits during the preliminary investigation.
WHAT WILL BE THE CONTENT OF THE ANSWER OF THE RESPONDENT?
The answer, which must be in writing and under oath, shall be specific and
shall contain material facts and applicable laws, if any, including
documentary evidence/s, sworn statements covering testimonies of
witnesses, if any, in support of respondent's case. It shall also include a
statement indicating whether he/she elects a formal investigation. The
answer must be filed within seventy-two (72) hours from receipt thereof.
WHAT WILL BE THE EFFECT IF RESPONDENT FAILS OR REFUSES TO ANSWER
WITHIN THE 72 HOURS REQUIREMENT?
It shall be considered a waiver of respondents right to answer and a formal
investigation may commence.
WHEN CAN PREVENTIVE SUSPENSION BE APPLIED?

Preventive suspension can be applied upon petition of the complainant or

motu propio upon the recommendation of the CODI after the service of the
Formal Charge to the respondent.
The proper disciplining authority may order the preventive suspension during
the formal investigation, if there are reasons to believe that the person
complained of is probably guilty of the charges which would warrant his/her
removal from the service.
WHAT IS THE PURPOSE OF THE PREVENTIVE SUSPENSION?
An order of preventive suspension may be issued to temporarily remove the
respondent from the scene of his/her malfeasance or misfeasance and to
preclude the possibility of his/her exerting undue influence or pressure on
the witnesses against his/her tampering of documentary evidence on file
with this Office.
HOW LONG IS THE PERIOD OF PREVENTIVE SUSPENSION?
Preventive suspension for an administrative case shall not be more than
ninety (90) days unless otherwise provided by a special law.
WHAT REMEDIES FROM THE PREVENTIVE SUSPENSION CAN BE AVAILED OF
BY THE RESPONDENT?
Within fifteen (15) days from receipt of order, respondent may:
1. file a motion for reconsideration with the disciplining authority; or
2. elevate the same to the Civil Service Commission by way of an appeal.
WHEN CAN A FORMAL INVESTIGATION BE CONDUCTED? BY WHOM?
If the CODI deems that a formal investigation is necessary to decide the case
judiciously, it shall conduct an investigation not earlier than five (5) days
nor later than ten (10) days from receipt of the respondents answer. It shall
be finished within thirty (30) days from the issuance of the formal charge or
the receipt of the answer unless the disciplining authority extends the
period.
WHAT IS THE PRE-HEARING CONFERENCE?

The pre-hearing conference may be conducted by the CODI at the

commencement of the formal investigation to agree on matter/s that would
expedite the hearing.
The hearing proper and the order of presentation of evidence/s is governed
by Sections 26 to 35 of the Administrative Disciplinary Rules on Sexual
Harassment Cases of the CSC.
WHEN IS THE FORMAL INVESTIGATION REPORT SUBMITTED? TO WHOM?
Within fifteen (15) days after the conclusion of the formal investigation, a
report containing a narration of the material facts established during the
investigation, the findings and the evidence supporting said findings, as well
as the recommendations, shall be submitted by the CODI to the disciplining
authority together with the complete records of the case.
Within thirty (30) days from receipt of the investigation report, the
disciplining authority shall render his/her decision on the case.
WHEN IS A DECISION ON A SEXUAL HARASSMENT CASE BY THE DISCIPLINING
AUTHORITY FINAL AND EXECUTORY?
The decision of the disciplining authority is final and executory when the
penalty of suspension is not more than thirty (30) days or a fine of not more
than the equivalent of thirty (30) days salary is imposed.
WHEN IS A PENALTY OF SUSPENSION APPEALABLE TO THE CIVIL SERVICE
COMMISSION?
A penalty of suspension exceeding thirty (30) days or a fine exceeding the
equivalent of thirty (30) days salary of the respondent shall be appealable to
the ommission after the lapse of the reglamentary period for filing a motion
for reconsideration or an appeal and no such pleading has been filed.
WHAT ARE THE REMEDIES AFTER A DECISION?
1. Motion for reconsideration by the adversed party
2. Appeal to the Civil Service Commission if penalty imposed exceeds thirty
(30) days suspension or fine exceeding the equivalent of thirty (30) days
salary. The appeal may be initially appealed to the department head (for

decisions rendered by the bureau or office head that are appealable to the
CSC)
3. Petition for review with the CSC by a complainant for a decision of a
disciplining authority dismissing a complaint for lack of prima facie case
4. Petition for review with the Court of Appeals on a decision made by the
CSC
5. Petition for certiorari in the proper court by the aggrieved party
WHEN CAN A MOTION FOR RECONSIDERATION BE FILED BY THE ADVERSED
PARTY?
The party adversely affected by the decision may file a motion for
reconsideration with the disciplining authority who rendered the decision
within fifteen (15) days from receipt thereof.
Such is deemed filed on the date stamped on the official copy by the proper
receiving authority, and if sent by mail, on the date shown by the postmark
on the envelope, which shall be attached to the records of the case.
The filing of the motion for reconsideration within the reglamentary period
shall stay the execution of the decision sought to be reconsidered.
WHAT CAN BE THE BASIS FOR A MOTION FOR RECONSIDERATION?
1. New evidence has been discovered which materially affects the decision
rendered; or
2. The decision is not supported by the evidence on record; or
3. Errors of law or irregularities have been committed prejudicial to the
interest of the movant.
CAN THERE BE MORE THAN ONE MOTION FOR RECONSIDERATION?
No, only one motion for reconsideration shall be entertained.
WHEN CAN AN APPEAL FOR DECISIONS OF HEADS OF DEPARTMENTS,
PROVINCES, CITIES, MUNICIPALITIES AND OTHER INSTRUMENTALITIES BE
APPEALED TO THE CSC?

For a decision where the penalty imposed is more than thirty (30) days
suspension or a fine exceeding the equivalent of thirty (30) days salary, it
may be appealed to the CSC within a period of fifteen (15) days from receipt
thereof.
A notice of appeal, including the appeal memorandum, shall be filed with
the appellate authority with a copy furnished to the disciplining office. The
latter shall submit the records of the case, which shall be automatically and
chronologically arranged, paged and securely bound to prevent loss with its
comment within fifteen (15) days, to the appellate authority.
WHEN IS THE APPEAL DEEMED FILED? HOW MUCH IS THE APPEAL FEE?
An appeal sent by mail shall be deemed filed on the date shown by the
postmark on the envelope, which shall be attached to the records of the
case and in case of personal delivery, the date stamped thereon by the
proper office.
The appellant shall pay an appeal fee of three hundred pesos (P300.00) and
a copy of the receipt shall be attached to the appeal.
WHEN IS AN APPEAL PERFECTED?
The appeal is perfected when the appellant shall have submitted within
fifteen (15) days from receipt of the decision the following:
1. Notice of appeal which shall specifically state the date of the decision
appealed from and the date of receipt thereof;
2. Three copies of appeal memorandum containing the grounds relied upon
for the appeal, together with the certified true copy of the decision,
resolution or order appealed from, and certified copies of the document or
evidence;
3. Proof of service of a copy of the appeal memorandum to the disciplining
office;
4. Proof of payment of the appeal fee; and
5. A statement or certification of non-forum shopping

WHAT IS THE EFFECT OF FAILURE TO COMPLY WITH THE ABOVE

REQUIREMENTS WITHIN THE REGLAMENTARY PERIOD?
It shall be construed as failure to perfect an appeal and shall cause its
dismissal.
WILL AN APPEAL FILED STOP THE DECISION FROM BEING EXECUTORY?
The appeal shall not stop the decision from being executory.
In case the penalty is suspension or removal, the respondent shall be
considered as having been under preventive suspension during the period of
the appeal, in the event he wins the appeal.
WHAT IS THE CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT?
Sexual Harassment is classified as:
1. 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.
2. 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.
3. 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;
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.
The head of the agency who fails to act on the complaint 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 found guilty of sexual harassment shall, after the investigation,
be meted the penalty corresponding to the gravity of the offense.
WHAT ARE THE PENALTIES FOR OFFENSES OF SEXUAL HARASSMENT?
1. Grave offenses - Dismissal

2. Less grave offenses

1 st offense - Fine or suspension for thirty (30) days but not exceeding
six (6) months
2 nd offense - Dismissal
3. Light offenses
1 st offense - Reprimand
2 nd offense - Fine or suspension not exceeding thirty (30) days
3 rd offense - Dismissal
WHAT PENALTY SHALL BE APPLIED 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.
WHAT ARE THE DUTIES OF THE AGENCIES OF THE GOVERNMENT
ACCORDING TO THE CIVIL SERVICE COMMISSION (CSC) ADMINISTRATIVE
DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES?
All national and local government agencies, state colleges and universities,
including government-owned or controlled corporations with original
charter, shall promulgate or modify their own rules and regulations in
conformity with these Rules, in consultation with their employees, within six
(6) months from the effectivity of this Resolution.
All agencies of the government shall submit an authenticated copy of their
rules and regulations on sexual harassment to the Commission for approval
within one (1) month from the date of their promulgation. It shall likewise
submit to the Commission a list of the members of their Committee on
Decorum and Investigation immediately after its composition.
All agencies of the government shall develop an education and training
program for their officials and employees and the members of their
Committee on Decorum and Investigation to increase understanding about

sexual harassment, prevent its occurrence, and ensure proper investigation,

prosecution and resolution of sexual harassment cases.
The head of office who, after six (6) months from the affectivity of this
resolution, fails to cause the promulgation or modification of the agencys
rules and regulations on sexual harassment in conformity with these rules,
shall be charged with neglect of duty.
WHAT SHALL APPLY TO A CASE OF SEXUAL HARASSMENT WHEN THE
AGENCY IS STILL IN THE PROCESS OF PROMULGATING OR MODIFYING ITS
OWN RULES AND REGULATIONS?
During the period when the agency is still in the process of promulgating or
modifying its own rules and regulations on sexual harassment, a complaint
alleging acts constituting sexual harassment shall be administratively
prosecuted, resolved and adjudicated based on these Rules.
Source: Civil Service Commission (CSC), Administrative Disciplinary Rules
on Sexual Harassment Cases.
Resolution No. 01-0940, May 21, 2001
--------------------http://karapatangbabae.weebly.com/sexual-harassment-ra-7877.html
Q: Ano ang sexual-harassment?
A: Ang sexual harassment ay ang sapilitang paghingi, paghiling o pag-uutos at iba pa, ng sekswal na
pabor mula sa iba, ito man ay tanggapin/pagbigyan o hindi ng biktima, na nanggagaling sa employer,
manager, supervisor, ahente ng employer, guro, instruktor, propesor, coach, tagapagsanay, o sinumang
may kapangyarihan, impluwensiya, o moral na awtoridad sa iba sa loob ng trabaho o lugar ng pag-aaral o
pagsasanay.

Q: Saan at kailan may sexual-harassment sa ilalim ng R.A. 7877?

A: Ang sexual harassment ay nagaganap lamang sa loob ng trabaho at lugar ng pag-aaral o pagsasanay.
Limitado ito sa may relasyong employer-empleyado, guro-estudyante o sa pagitan ng sinumang may
moral na awtoridad at sa biktimang nasa pangangalaga niya sa loob ng nasabing mga kondisyon o
kapaligiran.
Q: Sino ang maaaring lumabag sa anti-sexual harassment law?
A: Sinumang direktang magsagawa ng mga ipinagbabawal na akto, babae man o lalaki ay maaaring
maparusahan sa ilalim ng batas. Gayundin, sinumang humikayat o tumulong sa iba na isagawa ang mga
nasabing akto ay maaari ring managot sa batas.

Q: Paano nagaganap ang sexual harassment sa lugar ng trabaho?

A: (1) Ang sekswal na pabor ay ginagawang kondisyon sa pagtanggap sa trabaho ng isang aplikante o
pananatili ng isang empleyado sa kanyang trabaho, o di kayay sa pagkakaloob ng sahod o anumang
benepisyo at pribilehiyo, o kaya naman ay ang pagtanggi sa sekswal na pabor ang sanhi ng
diskriminasyon sa trabaho at pagkabawas o tuluyang pagkawala ng mga oportunidad sa trabaho.
(2) Ang sexual harassment ay nagdudulot ng paglabag sa mga karapatan ng empleyado sa ilalim ng
batas sa paggawa
(3) Ang mga akto ng sexual harassment ay nagbubunga sa isang hindi komportableng sitwasyon sa
biktima
Q: Paano nagaganap ang sexual harassment sa lugar ng pag-aaral o pagsasanay?
A: (1) Laban sa biktima na nasa pangangalaga, kustodiya o superbisyon ng offender
(2) Laban sa biktimang ang pag-aaral o pagsasanay ay ipinagkatiwala sa offender
(3) Kung ang sekswal na pabor ay kondisyon upang bigyan ang biktima ng pasadong marka, parangal o
scholarship, allowance at anupamang benepisyo o konsiderasyon
(4) Kung ang sekswal na pabor ay nagbubunga sa isang hindi komportableng sitwasyon sa biktima
Q: Ano ang kinakailangang gawin ng employer o head of educational at training institution ayon
sa R.A. 7877?
A: (1) Magtakda ng proseso upang imbestigahan ang mga kaso ng sexual harassment.
(2) Bumuo ng CODI (Committee on Decorum and Investigation) na tatanggap ng mga reklamo patungkol
sa sexual harassment.
Q: Maaari bang magsampa ng hiwalay ng kaso ang biktima maliban sa imbestigasyon ng CODI?
A: Oo. Karapatan ng biktima na makahingi ng ibang legal na remedyo kung nais nya sa pamamagitan ng
hiwalay na kasong kriminal sa korte.
Q: Ano ang parusa sa paglabag sa batas ng sexual-harassment o R.A. 7877?
A: Ang anumang paglabag ay maaaring maparusahan ng pagkakulong ng hindi bababa sa isang (1)
buwan at hindi lalampas ng anim (6) na buwan o kayay multa na hindi bababa sa sampung libong
(10,000) piso at di lalampas sa dalawampung-libong (20,000) piso, o di kayay parehong pagkakulong at
multa, sa diskresyon ng korte.

--------

----------http://en.wikipilipinas.org/index.php/Anti-Sexual_Harassment_Act_of_1995

Anti-Sexual Harassment Act of 1995

Republic Act No. 7877, otherwise known as the "Anti-Sexual Harassment Act of 1995", is a Republic
Act declaring sexual harassment unlawful in the work, education or training environment. Its primary aim is the

protection of the dignity of workers, employees, and applicants for employment as well as students in
educational institutions or training centers.
This law defines work, education or training-related sexual harassment. It specifies the acts constituting sexual
harassment and sets penalties for violations of its provisions. It also provides for the duties and liabilities of the
employer in cases of sexual harassment.
Under this law, a victim of sexual harassment is not barred from filing a separate and independent action for
damages and other relief aside from filing the charge for sexual harassment. Administrative sanctions are also
not considered a bar for prosecution in the proper courts.
RA 7877 was signed into law by President Fidel V. Ramos on February 14, 1995.

_______________
-----------------https://captainbarangay.wordpress.com/laws/anti-sexual-harassment-act-of-1995-ra7877/

Anti-Sexual Harassment Act of

1995 (RA 7877)
What is Republic Act No. 7877?
RA 7877 is The Anti-Sexual Harassment Act of 1995. It addresses
the issue of sexual harassment committed in work and education or
training environment.
It was signed into law on February 14, 1995 under former President
Fidel Ramos administration.

What is sexual harassment?

Under the law, 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.

How is work-related sexual harassment committed?

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, 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 or diminish employment
opportunities or otherwise adversely affect said employee;
2. The above acts would impair the employees rights or privileges
under existing labor laws; or
3. The above acts would result in an intimidating, hostile, or
offensive environment for the employee.

What about education- or training-related sexual

harassment?
This 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
considerations; or
4. When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
1. A person who directs or induces another person to
commit any act of sexual harassment or who cooperates
to commit the act, without which the said act would not
have been committed, will also be held liable under the
law.

What is the duty of the employer or head of office in

a work or education/training environment?
The employer or head of office is required by the law to prevent the
occurrence of sexual harassment acts. If in case acts of sexual
harassment were committed, the employer or head of office should:
1. Disseminate appropriate rules and regulations which are
consulted from and jointly approved by the employees or
students or trainees, through their duly designated
representatives. The said rules prescribe the procedure for the
investigation of sexual harassment cases and the
administrative sanctions applied for such.
1. Administrative sanctions shall not bar prosecution in the proper
courts for unlawful acts of sexual harassment.
2. The said rules and regulations should include guidelines on
proper decorum in the workplace and educational or training
institutions.
2. Create a committee on decorum and investigation of cases on
sexual harassment. The committee shall conduct meetings or as
the case may be, with 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
alleged cases constituting sexual harassment.
1.

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.

2.

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, teachers, instructors,
professors or coaches and students or trainees, as the case may
be.

The employer or head of office, educational or training institution

shall disseminate or post a copy of RA 7877 to inform all concerned
individuals.

What if the employer or head of office did not

undertake any action despite his/her knowledge of
sexual harassment act/s?
The employer or head of an office, educational or training
institution will be held liable for the damages arising from acts of
sexual harassment if they are informed by the offended party of the
occurrence of such acts, yet no action has been undertaken.

Can an offended party seek redress by taking

independent action?
An offended party may take independent action for damages
incurred in the act of sexual harassment. She/He may also avail of
relief.

What are the penalties applied to offenders?

Any person who violates the provisions of the law shall 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 (PI 0,000)
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 provisions of this Act
shall prescribe in three (3) years.

Where do we go for help?

Philippine National Police (PNP)
Women and Childrens Concern Division (WCCD)
Tel No.: (02) 7230401 loc 3480
Call or text 117 (PATROL 117)
Civil Service Commission (CSC)
Public Assistance and Information Office
Tel Nos.: (02) 9316850, 9316851
Department of Labor and Employment (DOLE)
Bureau of Working Conditions
3F Muralla Wing DOLE Building, Intramuros, Manila
National Bureau of Investigation (NBI)
Violence Against Women and Childrens Division (VAWCD)
Tel Nos.: (02) 5238231 loc 3403, 5256028
Public Attorneys Office
Tel Nos.: (02) 9299010, 9299436 to 37
Fax Nos.: (02) 9276810, 9262878
Philippine General Hospital (PGH)
Womens Desk
Tel Nos.: (02) 5242990, 5218450 loc 3072, 3816

Womens Crisis Center

Women and Children Crisis Care & Protection Unit East Avenue
Medical CEnter (WCCCPU-EAMC)
Tel Nos.: (02) 9267744, 9225235
-------------------------------http://ndvlaw.com/sexual-harassment/

Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995 (RA 7877), is the
governing law for work, education or training-related sexual harassment. RA 7877 states
that 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.
It must be emphasized that the demand of a sexual favor need not be explicit or stated.
Although it is true that RA 7877 calls for a demand, request or requirement of a sexual
favor, it is not necessary that the demand, request, or requirement of a sexual favor be
articulated in a categorical oral or written statement. In one case, the Supreme Court
considered the offenders act of mashing the breast of his student sufficient to constitute
sexual harassment.
Specifically, 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, reemployment 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 or diminish employment opportunities or otherwise
adversely affect said employee;
(2) The above acts would impair the employees rights or privileges under existing labor
laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
On the other hand, 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.
In Narvasa vs. Sanchez, a senior bookkeeper filed a case for sexual harassment against the
municipal assessor. In the said case, the respondent handed notes to the victim Gay, I like
you., as well as text messages saying Ka date ko si Mary Gay ang tamis ng halik mo. ,
Pauwi ka na ba sexy?, I slept and dreamt nice things about you., Have a date with me.,
among others. He would also whisper to the victim Oy flawless, pumanaw ka met ditan
while twice pinching her upper left arm near the shoulder in a slow manner. Furthermore,
during a field trip, the respondent tried to kiss the victim. In such case, the Supreme Court
held the respondent guilty of sexual harassment.
In Domingo vs. Rayala, a case involving a stenographer as the victim and the NLRC
Chairman as the perpetrator, the Supreme Court enunciated that sexual harassment is an
imposition of misplaced superiority which is enough to dampen an employees spirit and
her capacity for advancement. It affects her sense of judgment; it changes her life. Thus, in
holding and squeezing the victims shoulders, running his fingers across her neck and
tickling her ear, having inappropriate conversations with her, giving her money allegedly for

school expenses with a promise of future privileges, and making statements with
unmistakable sexual overtones all resound with deafening clarity the unspoken request for
a sexual favor.
However, in sexual harassment cases, the acts complained of must be in consonance with
human experience. In Digitel vs. Soriano, the Director for Market and Communications sued
her superiors, which were the Senior Vice-President and Senior Executive Vice- President.
The woman filed a complaint for sexual harassment 11 months after she tendered her
resignation. The woman claimed that during a company party, while they were seated in the
sofa, one of the perpetrators crept his hand under a throw pillow and poked her vagina
several times. She justified her failure to flee by claiming that she was hemmed in by the
arm of the sofa. Furthermore, she claimed that thereafter, when she was dancing with one of
the perpetrators, the latter groped her breasts and buttocks.
In this case, the Supreme Court did not give credence to the allegations of the woman and
dismissed the charges of sexual harassment. The Supreme Court ratiocinated that if indeed
the perpetrators performed the condemnable act, why didnt the woman slap the
perpetrators and left the event. The Supreme Court further held that any woman in her right
mind, whose vagina had earlier been poked several times without her consent and against
her will, would, after liberating herself from the clutches of the person who offended her,
raise hell.
RA 7877 mandates that the employer or the head of the work-related, educational or
training environment or institution must provide the procedures for the resolution,
settlement or prosecution of acts of sexual harassment. The employer must create a
committee on decorum and investigation of cases on sexual harassment. 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.
Commission of sexual harassment is a criminal offense. A person found guilty of sexual
harassment shall 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. Any person who directs or induces another to
commit any act of sexual harassment, or who cooperates in the commission thereof by
another without which it would not have been committed, shall also be held liable under for
sexual harassment.

Damages resulting from sexual harassment may be separately and independently instituted.
In fact, 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.