R.A.

7877
"Anti-Sexual
Harassment A c t
o f 199 "
 Section 1

R.a. 7877
"Anti-Sexual Harassment
A c t o f 199 "
AN ACT DECLARING SEXUAL
HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR
TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES
 Section 2
Declaration o f policy
R.a. 7877
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. Towards this end, all forms
of sexual harassment in the employment, education
or training environment are hereby declared
unlawful.
S e c t i o n 3 Work, E d u c a t i o n o r
Training-related Sexual
Harassment
 Work r e l a t e d s e x u a l
harassment
 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 a way would discriminate, deprive or
diminish employment opportunities or otherwise
adversely affect said employee;
 Work r e l a t e d s e x u a l
harassment

 The above acts would impair the

employee’s rights or privileges under
existing labor laws; or
 The above acts would result in an
intimidating, hostile, or offensive
environment for the employee.
Education/training r e l a t e d
sexual harassment
 Against one who is under the care, custody or
supervision of the offender;
 Against one whose education, training,
apprenticeship or tutorship is entrusted to the
offender;
 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
Education/training r e l a t e d
sexual harassment
 When the sexual advances result in an
intimidating, hostile or offensive environment for
the student, trainee or apprentice.

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.
 Sexual harassment
may t a k e p l a c e
 in the premises of the workplace or office or of
the school or training institution;
 in any place where the parties were found as a
result of work or education or training
responsibilities or relations;
 at work or education or training-related social
functions;
 while on official business outside the office or
school or training institution or during work or
school or training- related travel;
 Sexual harassment
may t a k e p l a c e

 at official conferences, fora,

symposia or training sessions; or
 by telephone, cellular phone, fax
machine or electronic mail
 Illustrative forms of
sexual harassment
PHYSICAL
 Malicious Touching;
 Overt sexual advances;
 Gestures with lewd insinuation.
VERBAL
 requests or demands for
sexual favors;
 lurid remarks
 Illustrative forms of
sexual harassment

OTHERS
 Use of objects, pictures or graphics,
letters or writing notes with sexual
underpinnings.
 Classification o f
sexual harassment

GRAVE OFFENSES
1. unwanted touching of private parts of
the body (genitalia, buttocks and
breast);
2. sexual assault;
3. malicious touching;
 Classification o f
sexual harassment
4. 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
5. other analogous cases.
 Classification o f
sexual harassment
LESS GRAVE OFFENSES
1. unwanted touching or brushing against
a victim’s body;
2. pinching not falling under grave
offenses;
3. derogatory or degrading remarks or
innuendoes directed toward the
members of one sex, or one’s sexual
orientation or used to describe a person;
 Classification o f
sexual harassment

4. verbal abuse with sexual

overtones; and
5. other analogous cases.
 Classification o f
sexual harassment
LIGHT OFFENSES
1. surreptitiously looking or staring a look of a
person’s private part or worn
undergarments;
2. 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;
 Classification o f
sexual harassment
3. malicious leering or ogling;
4. the display of sexually offensive pictures,
materials or graffiti;
5. unwelcome inquiries or comments about a
person’s sex life;
6. unwelcome sexual flirtation, advances,
propositions;
 Classification o f
sexual harassment
7. making offensive hand or body gestures at
an employee;
8. persistent unwanted attention with sexual
overtones;
9. unwelcome phone calls with sexual
overtones causing discomfort,
embarrassment, offense or insult to the
receiver; and
10.other analogous cases.
 Section 4
Duties o f t h e Employer

Promulgate appropriate rules and regulations in

consultation with the jointly approved by the
employees or students or trainees, through their
duly designated representatives, prescribing the
procedure for the investigation or sexual
harassment cases and the administrative
sanctions therefor.
Administrative sanctions shall not be a bar to
prosecution in the proper courts for unlawful acts
of sexual harassment.
 Duty o f t h e Employer

 Create a committee on decorum and

investigation of cases on sexual harassment.
The committee shall conduct meetings, as the
case may be, with other 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 the alleged cases constituting
sexual harassment.
Contents of the complaint

1. The full name and address of the

complainant;
2. The full name, address, and
position of the respondent;
3. A brief statement of the relevant facts;
4. Evidence, in support of the complainant, if
any;
5. A certification of non-forum shopping.
 Section
L i a b i li t i e s

The employer or head of office, educational

training institution shall be solitarily 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.
 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.
 Section 7
Penalties

 Any person who violates the provisions of this

Act shall, upon conviction, 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
such fine and imprisonment at the discretion of
the court.
 Any action arising from the violation of the
provision of this Act shall prescribe in three (3)
years.
 Section 8
Separability C l a u s e

If any portion or provision of this

Act is declared void and
unconstitutional, the remaining
portions or provisions hereof shall
not be affected by such
declaration.
 Section 9
Repealing Clause

All laws, decrees, orders, rules and

regulations, other issuances, or
parts thereof inconsistent with the
provisions of this Act are hereby
repealed or modified accordingly.
 Section 9
Effectivity Clause

This Act shall take effect fifteen

(15) days after its complete
publication in at least two (2)
national newspaper of general
circulation.
THANKYOU
PREPARED BY:

ADENIG
REMENTILLA
WISCO
 Quiz
TRUE OR FALSE
1. Sexual harassment can occur outside the work
site and still be considered work related.
2. Sexual harassment is not limited to physical
contact. It can occur any time that an individual
is uncomfortable with another person’s
approaches, comments or discussions.
3. Friendly flirting is not sexual harassment when
flirting is practiced between mutually consenting
individuals who are equal in power or authority.
 Quiz
TRUE OR FALSE
4. In order for it to be determined sexual
harassment, the victim has to be of the
opposite sex of the harasser.
5. Terms of endearment with co-workers, i.e.
"honey," "dear" are considered verbal
abuse and charges can be brought up
against the employee.
 Quiz
ESSAY
As a future educator, how
can you ensure a learning
environment that is free from
acts of sexual harassment?