REPUBLIC ACT NO.

7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUACATION OR TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES

Section 1. Title. – This Act shall be known as the "Anti-Sexual Harassment Act of 1995."

State’s Policy 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 Sexual Harassment?
- An act or a series of acts involving any
o Unwelcome sexual advance;
o Other verbal or physical behavior of a sexual nature;
o Malicious touching;
o Overt sexual advances;
o Gestures with lewd insinuation;
o Verbal, such as but not limited to, requests or demands for sexual favors, and
lurid remarks;
o Use of objects, pictures or graphics, letters or written notes with sexual
underpinnings;
o Other forms analogous to the foregoing.

- Act of demanding or requesting sexual favor, by a person having:

o A uthority
o I nfluence
o M oral Ascendancy
- Over another, regardless of whether the demand of request is accepted or not.

- “It is not about a man taking advantage of a woman by reason of sexual desire but
about power being exercised by a superior officer over his woman subordinates and
emanates from the fact that the superior can remove the subordinate from his
workplace if the latter would refuse his amorous advances.” Floralde v. CA, 337 SCRA 371

- “The gravamen is not the violation of sexuality but abuse of power by the superior.”
Philippine Aeolus Automotive v. NLRC, 331 SCRA 237

- “It is not necessary that demand, request or requirement for sexual favor be
articulated in categorical oral or written statement – it may be discerned, with equal
certitude, from the acts of the superior. It is even not essential that the demand,
request, requirement be made as a condition for continued employment or for
promotion – it is enough that the respondent’s acts result in creating an intimidating,
hostile, or offensive environment for the employee.” Domingo v. Rayala, 546 SCRA 90

CIVIL SERVICE COMMISSION (CSC) RESOLUTION NO. 01-0940:

- Known as the Administrative Disciplinary Rules on Sexual Harassment Cases.
- Under CSC Resolution No. 01-0940, sexual harassment may take place in:
o in the premises of the workplace or office or of the school or training
institution;
 o in any place where the parties were found, as a result of work or education or
training responsibilities or relations;
o at work or education- or training-related social functions;
o while on official business outside the office or school or training institution or
during work or school or training-related travel;
o at official conferences, fora, symposia or training sessions; or
o by telephone, cellular phone, fax machine or electronic mail.
Where may it be committed:
- W ork-related Environment
- E ducational Institution
- T raining Environment
Work-related sexual harassment:

- Offender demands, requests or requires:

o Sexual favor as a condition for:
 Hiring, re-employment, continued employment;
 Granting favorable terms, conditions, privileges;
o Sexual advances:
 Impair employee’s rights or privileges under existing labor laws;
 Cause intimidating, hostile, or offensive environment;
 Cause discrimination adversely affecting employment.

Education or Training environment:

- Sexual favor as condition:

o Giving passing grade;
o Granting honors and scholarships;
o Payment of allowance, benefits, privileges, considerations.
- Sexual advances result to:
o Intimidating, hostile, or offensive academic environment for the student,
trainee or apprentice;
o Cause discrimination, insecurity, discomfort, offense or humiliation.

Who may be victims:

Work-related Environment:
- Employee; or
- Applicant for employment.

Educational or Training Environment:

- Person under care, custody, supervision of the offender;
- Person whose education or training is entrusted to the offender.

Who may be liable:

- Employer, manager, supervisor, or agent of the employer;

- Teacher, instructor, professor, coach, or trainor;
- Any person with authority, influence, moral ascendancy over another in WET
Environment;
- Any person who directs, induces or cooperates with another to commit any of the
punishable acts;
- A government official or employee, regardless of sex, is liable when he/she:
o directly participates in the act or acts;
o induces or directs another or others to commit the act or acts;
o cooperates in the commission of sexual harassment by another through an act
without which the sexual harassment would not have been accomplished; or
o cooperates in the commission of sexual harassment by another through
previous or simultaneous acts.
Obligations of employer or head of educational or training institutions:

- Create a committee on decorum and investigation (CODI) to handle complaints;

- Promulgate rules and regulations prescribing;
o Guidelines on proper decorum
o Procedure for investigation
o Administrative sanctions

NOTE: Rules and regulations must be jointly approved by the duly designated
representatives of employees, students, or trainees.

Composition of CODI:

- For employers, at least one representative from;

o Management;
o Rank-and-file employees;
o Supervisory employees;
o Union, if any.
- For Educational or Training Institutions, at least one representative from:
o Administration
o Trainors, teachers, instructors, professors, or coaches;
o Students and Trainees.

NOTE: The employers, educational and training institutions are solidarily liable for
damages, if he is informed of such prohibited acts by the offended party and no
immediate action is taken.

Penalties:

- 1 month to 6 months imprisonment or;

- Fine of P10,000 to P20,000 or;
- Both fine and imprisonment at court’s discretion.

Prescriptive Period:

- Any action arising from the violations prescribes in 3 years.

NOTE: In one case, the Court ruled that there is no time period within which the victim is
expected to complain since the time to do so may vary depending on the circumstances,
needs and more importantly, the emotional threshold of the victim. Philippine Aeolus Automotive
v. NLRC, 331 SCRA 237