PHILIPPINE POLICIES ON VIOLENCE AND HARASSMENT

IN THE WORKPLACE

EXISTING LAWS PROHIBITING DISCRIMINATION AND HARASSMENT IN EMPLOYMENT

 The Labor Code prohibits discrimination against women on account of their gender, and
against children on account of their age
 The Magna Carta of Women (Republic Act No. 9710, as amended) prohibits
discrimination against women and expressly imposes liability for damages on the person
directly responsible for such discrimination
 The Anti-Age Discrimination in Employment Act (Republic Act No. 10911) prohibits
discrimination on account of age, and imposes penalties for violation of the Act
 The Magna Carta for Persons with Disability (Republic Act No. 7277, as amended)
provides that a qualified employee with disability shall be subject to the same terms and
conditions of employment as a qualified able-bodied person
 The Solo Parents’ Welfare Act (Republic Act No. 8972) prohibits an employer from
discriminating against any solo parent employee with respect to the terms and conditions
of employment on account of the employee being a solo parent
 The Indigenous Peoples’ Rights Act (Republic Act No. 8371) prohibits discrimination
against Indigenous Cultural Communities or Indigenous Peoples with respect to
recruitment and conditions of employment on account of their descent
 The Anti-Sexual Harassment Act (Republic Act No. 7877) prohibits sexual harassment in
the workplace
 The Mental Health Act (Republic Act No. 11036) requires employers to develop
appropriate policies and programs on mental health in the workplace designed to, among
others, raise awareness on mental health issues, correct the stigma and discrimination
associated with mental health conditions, identify and provide support for individuals at
risk and facilitate access of individuals with mental health conditions to treatment and
psychosocial support
 The Philippine HIV and AIDS Policy Act (Republic Act No. 11166) also prohibits the
rejection of job application, termination of employment, or other discriminatory policies in
hiring, provision of employment and other related benefits, promotion or assignment of an
individual solely or partially on the basis of actual, perceived or suspected HIV status.
 The Safe Spaces Act or the Bawal Bastos Law (Republic Act 11313) penalizes catcalling,
wolf-whistling, sexist and homophobic slurs, unwanted sexual advances and other forms of
sexual harassment in public spaces, workplaces, schools, and online.

HISTORY
 Prior 1995, the only policy addressing sexual harassment is the DOLE Policy
(Administrative Order No. 80, series of 1991, as amended by Administrative Order
No. 68, Series of 1992) which applied only to DOLE officials and employees who
commit sexual harassment against fellow DOLE officials or employees, applicants for
employment, or DOLE clients
  Defined the acts constituting sexual harassment and directed its administrative
prosecution as a disgraceful and immoral act, classified as a grave offense
 Created a Special Fact Finding Committee to receive and investigate sexual
harassment complaints and submit recommendations for action to the DOLE
Secretary
 Subsequently, CSC issued Memorandum Circular No. 19, Series of 1994, entitled
“Policy on Sexual Harassment in the Workplace”
 Enjoined all heads to adopt and implement the Policy on Sexual Harassment
adopted by the CSC on May 31, 1994 through Resolution No. 94-2854.
 Meanwhile, in the private sector, private agencies were left to deal with sexual
harassment as they saw fit.
 On February 8, 1995, the Philippine Congress passed Republic Act No. 7877, otherwise
known as the Anti-Sexual Harassment Act of 1995.
 In 2013, President Benigno S. Aquino III signed into law Republic Act No. 10627, or the
Anti-Bullying Act of 2013.
 This law mandates all elementary and secondary schools and learning centers in
the Philippines to adopt an anti-bullying policy
 However, this law does not address the same problem that happens in the
workplace.
 In 2016, Reps. Rodel Batocabe and Christopher Co of partylist group Ako Bicol filed
House Bill No. 815, also known as the Anti-Office Bullying Act of 2016
 This bill seeks to mandate and compel all government and non-government
offices to establish policies to address office bullying and other similar acts in
their respective institutions
 After three years, Senator Bong Revilla filed the same in the Senate, known as Senate
Bill 1217, or the Anti-Office Bullying Act of 2019
 During the same year, RA 11313, also known as the Safe Spaces Act or the “Bawal
Bastos” Law was signed into law.
 This law expands the coverage of the 1995 Anti-Sexual Harassment Act which
only covered SH in workplaces and educational and training institutions, to
public and online spaces
 Also covers GBSH committed between peers, and no longer requires a superior-
to-subordinate relationship, or moral ascendancy between the perpetrator and
the victim

SALIENT FEATURES OF RA 7877 (Anti-Sexual Harassment Act of 1995)

 Defines sexual harassment as an act committed in a work-related environment when:
(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 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 ordiminish
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.
 Mandates the employer or the head of the work-related, educational or training
environment or institution to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or prosecution
of acts of sexual harassment.
(1) Promulgate appropriate rules and regulations in consultation with and jointly
approved by the employees or students or trainees, prescribing the procedure for
the investigation of sexual harassment cases and the administrative sanctions,
therefore.
(2) Create a committee on decorum and investigation of cases on sexual harassment.
The committee shall conduct meetings, 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.
 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
 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.
 Damages resulting from sexual harassment may be separately and independently
instituted
 Holds the employer or head of office, educational or training institution 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

SALIENT FEATURES OF RA 11313 (BAWAL BASTOS LAW)

 Defined gender-based sexual harassment in streets and public spaces as an act
committed "through any unwanted and uninvited sexual actions or remarks against any
person regardless of the motive for committing such action or remarks.
 Covers even sexist, homophobic, and transphobic remarks
 Anyone can be charged as offender, including subordinates or peers
 Protects anyone who is harassed in any of the following public spaces:
 Streets and alleys, public parks
 Schools, buildings, malls, bars, restaurants
 Transportation terminals, public markets
 Spaces used as evacuation centers
 Government offices
 Public utility vehicles as well as private vehicles covered by app-based transport
network services
 Other recreational spaces such as, but not limited to, cinema halls, theaters, and
spas
 Defined gender-based online sexual harassment as acts that use information and
communications technology to frighten victims through:
  Physical, psychological, and emotional threats
 Unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks
and comments online whether on public posts or through private messages
 Invasion of the victim’s privacy through cyber stalking and incessant messaging
 Recording or sharing any of the victim’s photos, videos, or information without
permission
 Impersonating victims’ identities
 Posting lies about victims to harm their reputation, and filing false abuse reports
to online platforms to silence victims
 Penalizes GBSH acts for as long as these are unwanted, uninvited, and committed in
public spaces. Motive of the perpetrator is irrelevant
 Privately-owned public places, employers, schools, local government units (LGUs), and
national government agencies (NGAs) are responsible for ensuring protection
 Workplaces and educational institutions are mandated to create an independent
internal mechanism or a committee on decorum and investigation (CODI) to
investigate and address complaints
 LGUs are obliged to pass an ordinance localizing the law, and to create an anti-sexual
harassment hotline
 The DILG, Philippine Commission on Women, and the Department of Information
and Communications Technology are the national bodies responsible for overseeing
the implementation of the law

DILG’s Mandate under the Bawal Bastos Law

 Inspect LGUs if they have disseminated or posted in conspicuous places a copy of the
law and the corresponding ordinance.
 May be done through monitoring LGU compliance, and other reportorial
mechanisms;
 Conduct and disseminate surveys and studies on best practices of LGUs in implementing
the law
 DILG shall provide avenues for exchanges of ideas among LGUs concerning their
policies on the localization of the law
 Provide capacity-building and training activities to build the capability of local
government officials to implement the law in coordination with the PCW, LGA, and DAP
 Assist the LGUs in localizing the applicability of the law.
 DILG shall lead in the development of guidelines and mechanisms to ensure the
effective implementation and monitoring of the law and for such purpose, may
consult other relevant agencies and civil society organizations (CSOs).
 Shall include guidelines on the interface of the law with the Katarungang
Pambarangay System and the strengthening of the VAW desk
 Coordinate with DILG and PCW, together with duly accredited women's groups, to
ensure participation of all LGUs in a sustained information campaign

DILG’s POLICIES/PROGRAMS/PRACTICES ON PREVENTION AND PROTECTION AGAINST

DISCRIMINATION OF VULNERABLE GROUPS (WOMEN, LGBT, PERSONS WITH DISABILITIES,
AND ELDERLY)
 Participation in the yearly celebration of National Women’s Month Celebration every March
 Production, distribution, and exhibition of IEC materials (collaterals designed by
PCW, flyers, briefers on laws and agreements protecting the rights of women)
 Conduct of forum, workshop, lectures, contests that discuss issues and concerns of
women (e.x. unpaid care work, championing women empowerment through media
and communications
 Film Showing Activity
 Participation in online advocacy
 Conduct of other activities (e.x. bazaar, takbo ng kababaihan para sa kalikasan,
 Participation in the yearly celebration of Women with Disabilities Day every last Monday of
the March
 Participation in the yearly celebration of the 18-Day Campaign to End Violence Against
Women (VAW)
 Production, distribution, and exhibition of IEC materials (collaterals designed by
PCW, Anti-Vaw flyer, PCW-developed materials
 Participation in online advocacy
 Participation in the Anti-VAW Expo
 Conduct of other Anti-VAW activities ()
 Participation in the yearly commemoration of International Day of Persons with Disabilities
(PWDs)
 Hanging of streamers
 Conduct of forum
 Job Fair for livelihood and employment for PWDs
 Participation and conduct of seminars, trainings, forum on gender sensitivity, and topics
related to women, PWD, and elderly
 Institutionalized the following programs, projects and activities to ensure that Senior
Citizens and PWD personnel in the Department are given equal rights and opportunities
(Circular No. 2012-14)
 Provision of medical and dental services
 Health and wellness programs
 Physical fitness activities
 Livelihood trainings or seminars
 Priority lanes
 STI, HIV, AIDS Prevention and Control Policy and Program (Circular No. 2011-13)
 Advocacy, information, training
 Non-discriminatory policy and practices
 Prohibition of compulsory HIV testing as pre-condition to hiring/appointment
 Prohibition of termination based on STI, HIV, AIDS status
 Equal access to social services and opportunities for employees infected with STI,
HIV, AIDS
 Creation of MOVE-DILG Chapter – an organization of men fighting for women’s welfare
 propose and formulate total male involvement and actions in the elimination of
VAW;
 form partnerships and linkages with similar groups working on VAW locally and
internationally;
 organize and conduct researches, studies and fora in recognition of the social effects
of VAW for policy and program development;
  establish resource network on VAW
 Launching of a Six-Year Gender Equality and Women’s Empowerment (GEWE) Plan and its
compendium last 2019