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Strengthening Law Enforcement and Protection Against Sexual Offenses:
EXPANDING THE ANTI‐SEXUAL HARASSMENT LAW
This Policy Brief provides the rationale for expanding the coverage of the Anti‐Sexual Harassment Law.
WHAT IS THE ISSUE? moral ascendancy over another in a work or training or
Sexual harassment (SH) and other forms of sexual education environment, demands, requests or
violence in public spaces is an everyday occurrence for otherwise requires any sexual favor from the other,
women and girls around the world – in urban and rural regardless of whether the demand, request or
areas in both developed and developing countries.1 requirement for submission is accepted by the object.
Women and girls are sexually harassed, in streets, in
parks and plazas, in schools, in work places, and while However, the definition of sexual harassment in
using public transportation.2 It is a social issue that is RA7877 is limiting. It does not specifically address the
deeply rooted in power relations between men and issue of "hostile environment" (resulting from) sexual
women, and underlies the view that women are still harassment between peers or co‐employees.5 Under
deemed as the “weaker sex”. the law, sexual harassment presupposes the existence
of authority, influence or moral ascendancy between
Philippine culture has long tolerated and even the offender and the offended party. But in many
encouraged sexual harassment by even joking about instances, both the offender and the offended party
it.3 Many women who are afraid to lose their jobs or are peers or have the same rank or status, while in
fail a subject in school tend to be quiet even when some cases, the offended party happens to be the
they are harassed. superior officer. These circumstances could not be
considered as sexual harassment within the context of
Before the passage of Republic Act (RA) 7877, also R.A. 7877.
known as the Anti‐Sexual Harassment Act of 1995,
Philippine laws, including the Labor Code, were silent WHY IS THE ISSUE IMPORTANT?
on sexual harassment. Women subjected to unwanted Whether walking in city streets, using public transport,
sexual advances in the workplace, though, had going to school, or selling goods at the market, women
recourse to legal relief by citing other offenses such as and girls are subject to the threat of sexual harassment
“acts of lasciviousness” and “slander by deed.4” and violence. This reality of daily life limits women’s
freedom to get an education, to work, to participate in
The Anti‐SH Act of 1995 has been considered a politics – or to simply enjoy their own neighborhoods.
landmark legislation as it finally gave a name and legal
recognition to such unwelcome sexual advances. The According to the Civil Service Commission, a total of
law defines Sexual Harassment as “committed by an 150 cases of sexual harassment have been recorded,
employer, employee, manager, supervisor, agent of the from 1994 to 2012, of which 101 cases were resolved,
employer, teacher, instructor, professor, coach, trainor, while 20 were referred to the agencies involved.6 Data
or any other person who, having authority, influence or on Compliance of Higher Educational Institutions with
RA 7877 show that in 2011, 42 complaints from State
1
Universities and Colleges (SUCs) and 49 complaints
UN WOMEN (2013). Safe Public Spaces with and for Women and
from Private Higher Education Institutions (HEIs) were
Girls. UN WOMEN.
2
Lambrick, M. and Rainero L. Safe Cities. UN WOMEN. February
2010
3 5
Feliciano, Myrna S. (1996). Philippine Law on Sexual Harassment Feliciano, Myrna S. (1996). Philippine Law on Sexual Harassment
in the Workplace. Philippine Law Journal in the Workplace. Philippine Law Journal
4 6
Yang, Elizabeth and Abao, Carmel. Sexual Harassment in the Civil Service Commission. Statistical Data on Sexual Harassment
Philippines: Defining the Issue Cases
EXPANDING THE ANTI-SEXUAL HARASSMENT LAW 1
PCW Policy Brief August
No. 10 2013
reported to CHED.7 However, the number of cases in acts of sexual harassment) and their
the private sector is difficult to account due to lack of a corresponding penalties; and
centralized reporting system. These numbers do not 4. directed all government offices and agencies
completely represent the situation of sexual to formulate their own administrative rules
harassment in the Philippines, but show that it is on sexual harassment cases. Notably, the
happening in the educational or training institutions, in CSC Rule removed the requirement of the
the workplace and even in religious institutions. Many law that the offer should be one with
women do not report cases simply because of the authority, influence or moral ascendancy
stigma that still exists, or because their cases do not over the victim hence it also covers SH
fall within the purview of the current Anti‐SH law. among peers.
WHAT ARE THE EXISTING LAWS OR POLICY WHAT ARE THE CONSIDERATIONS IN
ISSUANCES RELATED TO THE ISSUE? ADDRESSING THIS ISSUE IN THE COUNTRY?
EXPANDING THE ANTI-SEXUAL HARASSMENT LAW 3