REPUBLIC ACT No. 7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. - This Act shall be known as the "Anti-Sexual Harassment Act of 1995."
Section 2. Declaration of 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.
Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - 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...
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Republic Acts
ANTI-SEXUAL HARASSMENT ACT OF 1995
Republic Act No. 7877
Summary of Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995)
Declaration of Policy (Section 2):
- The State values the dignity of individuals, human resource development, respect for human rights, and upholding the dignity of workers, employees, applicants, students, or trainees.
- All forms of sexual harassment in employment, education, or training environments are declared unlawful.
Definition of Work, Education or Training-Related Sexual Harassment (Section 3):
- Committed by an employer, employee, manager, supervisor, agent, teacher, instructor, professor, coach, trainer, or any person with authority, influence, or moral ascendancy over another in a work, training, or education environment.
- Demands, requests, or requires any sexual favor from the other person, regardless of whether the demand is accepted.
In a Work-Related or Employment Environment (Section 3a):
- Sexual favor is a condition for hiring, employment, re-employment, continued employment, favorable compensation, terms, conditions, promotions, or privileges. (Section 3a1)
- Refusal to grant the sexual favor results in limiting, segregating, or classifying the employee, discriminating against, depriving, or diminishing employment opportunities, or adversely affecting the employee. (Section 3a1)
- The act impairs the employee's rights or privileges under existing labor laws. (Section 3a2)
- The act results in an intimidating, hostile, or offensive environment for the employee. (Section 3a3)
In an Education or Training Environment (Section 3b):
- Against one under the care, custody, or supervision of the offender. (Section 3b1)
- Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender. (Section 3b2)
- Sexual favor is a condition for giving a passing grade, granting honors and scholarships, payment of a stipend, allowance, or other benefits, privileges, or consideration. (Section 3b3)
- Sexual advances result in an intimidating, hostile, or offensive environment for the student, trainee, or apprentice. (Section 3b4)
Liability for Inducing or Cooperating in Sexual Harassment (Section 3):
- Any person who directs or induces another to commit sexual harassment or cooperates in its commission without which it would not have been committed shall also be held liable.
Duties of the Employer or Head of Office (Section 4):
- Prevent or deter the commission of sexual harassment acts.
- Provide procedures for resolution, settlement, or prosecution of sexual harassment acts.
- Promulgate appropriate rules and regulations in consultation with and jointly approved by employees, students, or trainees, prescribing the procedure for investigating sexual harassment cases and administrative sanctions. (Section 4a)
- Administrative sanctions shall not bar prosecution in proper courts for unlawful acts of sexual harassment. (Section 4a)
- Rules and regulations shall include guidelines on proper decorum in the workplace and educational or training institutions. (Section 4a)
- Create a committee on decorum and investigation of sexual harassment cases. (Section 4b)
- The committee shall conduct meetings with officers, employees, teachers, instructors, professors, coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. (Section 4b)
- The committee shall conduct investigations of alleged sexual harassment cases. (Section 4b)
- In a work-related environment, the committee shall be composed of at least one representative each from management, the union (if any), supervisory rank employees, and rank and file employees. (Section 4b)
- In an educational or training institution, the committee shall be composed of at least one representative from the administration, trainors, instructors, professors, coaches, and students or trainees. (Section 4b)
- The employer or head of office shall disseminate or post a copy of this Act for information of all concerned. (Section 4b)
Liability of the Employer, Head of Office, Educational or Training Institution (Section 5):
- The employer or head of office, educational or training institution shall be solidarily liable for damages arising from sexual harassment acts committed in the employment, education, or training environment if informed by the offended party and no immediate action is taken.
Independent Action for Damages (Section 6):
- The victim of work, education, or training-related sexual harassment may institute a separate and independent action for damages and other affirmative relief.
Penalties (Section 7):
- 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 fine and imprisonment at the discretion of the court.
- Any action arising from the violation of this Act shall prescribe in three (3) years.
Separability Clause (Section 8):
- If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions shall not be affected.
Repealing Clause (Section 9):
- All laws, decrees, orders, rules, regulations, other issuances, or parts thereof inconsistent with this Act are repealed or modified accordingly.
Effectivity Clause (Section 10):
- This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.
Declaration of Policy (Section 2):
- The State values the dignity of individuals, human resource development, respect for human rights, and upholding the dignity of workers, employees, applicants, students, or trainees.
- All forms of sexual harassment in employment, education, or training environments are declared unlawful.
Definition of Work, Education or Training-Related Sexual Harassment (Section 3):
- Committed by an employer, employee, manager, supervisor, agent, teacher, instructor, professor, coach, trainer, or any person with authority, influence, or moral ascendancy over another in a work, training, or education environment.
- Demands, requests, or requires any sexual favor from the other person, regardless of whether the demand is accepted.
In a Work-Related or Employment Environment (Section 3a):
- Sexual favor is a condition for hiring, employment, re-employment, continued employment, favorable compensation, terms, conditions, promotions, or privileges. (Section 3a1)
- Refusal to grant the sexual favor results in limiting, segregating, or classifying the employee, discriminating against, depriving, or diminishing employment opportunities, or adversely affecting the employee. (Section 3a1)
- The act impairs the employee's rights or privileges under existing labor laws. (Section 3a2)
- The act results in an intimidating, hostile, or offensive environment for the employee. (Section 3a3)
In an Education or Training Environment (Section 3b):
- Against one under the care, custody, or supervision of the offender. (Section 3b1)
- Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender. (Section 3b2)
- Sexual favor is a condition for giving a passing grade, granting honors and scholarships, payment of a stipend, allowance, or other benefits, privileges, or consideration. (Section 3b3)
- Sexual advances result in an intimidating, hostile, or offensive environment for the student, trainee, or apprentice. (Section 3b4)
Liability for Inducing or Cooperating in Sexual Harassment (Section 3):
- Any person who directs or induces another to commit sexual harassment or cooperates in its commission without which it would not have been committed shall also be held liable.
Duties of the Employer or Head of Office (Section 4):
- Prevent or deter the commission of sexual harassment acts.
- Provide procedures for resolution, settlement, or prosecution of sexual harassment acts.
- Promulgate appropriate rules and regulations in consultation with and jointly approved by employees, students, or trainees, prescribing the procedure for investigating sexual harassment cases and administrative sanctions. (Section 4a)
- Administrative sanctions shall not bar prosecution in proper courts for unlawful acts of sexual harassment. (Section 4a)
- Rules and regulations shall include guidelines on proper decorum in the workplace and educational or training institutions. (Section 4a)
- Create a committee on decorum and investigation of sexual harassment cases. (Section 4b)
- The committee shall conduct meetings with officers, employees, teachers, instructors, professors, coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. (Section 4b)
- The committee shall conduct investigations of alleged sexual harassment cases. (Section 4b)
- In a work-related environment, the committee shall be composed of at least one representative each from management, the union (if any), supervisory rank employees, and rank and file employees. (Section 4b)
- In an educational or training institution, the committee shall be composed of at least one representative from the administration, trainors, instructors, professors, coaches, and students or trainees. (Section 4b)
- The employer or head of office shall disseminate or post a copy of this Act for information of all concerned. (Section 4b)
Liability of the Employer, Head of Office, Educational or Training Institution (Section 5):
- The employer or head of office, educational or training institution shall be solidarily liable for damages arising from sexual harassment acts committed in the employment, education, or training environment if informed by the offended party and no immediate action is taken.
Independent Action for Damages (Section 6):
- The victim of work, education, or training-related sexual harassment may institute a separate and independent action for damages and other affirmative relief.
Penalties (Section 7):
- 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 fine and imprisonment at the discretion of the court.
- Any action arising from the violation of this Act shall prescribe in three (3) years.
Separability Clause (Section 8):
- If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions shall not be affected.
Repealing Clause (Section 9):
- All laws, decrees, orders, rules, regulations, other issuances, or parts thereof inconsistent with this Act are repealed or modified accordingly.
Effectivity Clause (Section 10):
- This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.