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R.A.

7877
ANTI-SEXUAL
HARASSMENT ACT
OF 1995

GERLYN FHAMELE GOLO


MARIA CATHERINE MAQUILANG
Educ 2: The Teaching Profession
OBJECTIVES
At the end of the learning
session, the students should be
able to:
1. Define Sexual Harassment; and
2. Know the legal provisions relating to sexual
harassment under R.A. 7877 or the Anti-
Sexual Harassment Act of 1995.
activity
VIDEO PRESENTATION

Itsy-Bitsy Fingers

Madonna
analysis
Video presentation
What is Sexual harassment?
It is an act or a series of acts involving any
unwelcome sexual advance, request or demand
for a sexual favor, or other verbal or physical
behavior of a sexual nature, committed by a
government employee or official in a work-related,
training- or education- related environment.
analysis
What are the different types of
sexual harassment?
1. QUID PRO QUO refers to situations where employment decisions
such as hiring, firing, or promotions are contingent upon the
employee providing sexual favors.
2. HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT refers to
situations where the employee's work environment is made
intimidating, hostile, or offensive due to the unwelcome sexual
conduct and the conduct unreasonably interferes with the
employee's work performance. This could take the form of
unwanted sexual advances by a fellow employee, but it need not
involve sexual advances at all.
Section 1
R.A. 7877
ANTI-SEXUAL HARASSMENT ACT
OF 1995
AN ACT DECLARING SEXUAL
HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR TRAINING
ENVIRONMENT, AND FOR OTHER
PURPOSES
Section 2
R.A. 7877
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
R.A. 7877
Work, Education or Training-related
Sexual Harassment Defined.

Work, education or training-related sexual harassment


is committed by an 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 or education
environment, demands, requests or otherwise requires any
sexual favor from the other, regardless of whether the
demand, request or requirement for submission is accepted by
the object of said Act.
Work related Sexual Harassment
1. 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;
2. The above acts would impair the employees rights or
privileges under existing labor laws; or
3. The above acts would result in an intimidating, hostile,
or offensive environment for the employee.
Education/training related sexual
harassment
1. Against one who is under the care, custody or supervision
of the offender;
2. Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
3. 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
4. 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 TAKE PLACE

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;
At official conferences, fora, symposia or training
sessions; or
By telephone, cellular phone, fax machine or electronic
mail

Civil Service Commission Resolution No. 01-0940 Administrative Disciplinary Rules on Sexual Harassment Cases
Illustrative forms of sexual
harassment

PHYSICAL VERBAL others


Malicious Requests or Use of objects,
Touching; demands for pictures or
Overt sexual sexual graphics,
advances; favors; letters or
Lurid writing notes
Gestures with
remarks with sexual
lewd
underpinnings.
insinuation.

Civil Service Commission Resolution No. 01-0940 Administrative Disciplinary Rules on Sexual Harassment Cases
classification of sexual
harassment
GRAVE OFFENSES
1. Unwanted touching of private parts of the body
(genitalia, buttocks and breast);
2. Sexual assault;
3. Malicious touching;
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.

Civil Service Commission Resolution No. 01-0940 Administrative Disciplinary Rules on Sexual Harassment Cases
classification of sexual
harassment
LESS GRAVE OFFENSES
1. Unwanted touching or brushing against a victims
body;
2. Pinching not falling under grave offenses;
3. Derogatory or degrading remarks or innuendoes
directed toward the members of one sex, or ones
sexual orientation or used to describe a person;
4. Verbal abuse with sexual overtones; and
5. Other analogous cases.

Civil Service Commission Resolution No. 01-0940 Administrative Disciplinary Rules on Sexual Harassment Cases
classification of sexual
harassment
LIGHT OFFENSES
1. Surreptitiously looking or staring a look of a
persons 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;

Civil Service Commission Resolution No. 01-0940 Administrative Disciplinary Rules on Sexual Harassment Cases
classification of sexual
harassment
LIGHT OFFENSES
3. Malicious leering or ogling;
4. The display of sexually offensive pictures, materials
or graffiti;
5. Unwelcome inquiries or comments about a persons
sex life;
6. Unwelcome sexual flirtation, advances,
propositions;

Civil Service Commission Resolution No. 01-0940 Administrative Disciplinary Rules on Sexual Harassment Cases
classification of sexual
harassment
LIGHT OFFENSES
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.

Civil Service Commission Resolution No. 01-0940 Administrative Disciplinary Rules on Sexual Harassment Cases
Section 4
R.A. 7877
Duty of the Employer or Head of Office in a
Work-related, Education or Training
Environment.

It shall be the duty of 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. Towards
this end, the employer or head of office shall:
Section 4
R.A. 7877
Duty of the Employer or Head of Office in a
Work-related, Education or Training
Environment.

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.
Section 4
R.A. 7877
Duty of the Employer or Head of Office in a
Work-related, Education or Training
Environment.
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, trainors 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.
Composition of codi
At least one (1) representative each from:

work-related educational/traini
environment ng institution
1. The management 1. The administrator
2. The accredited union (if any) 2. The trainers, teachers,
instructors, professors or
3. The first level employees coaches
4. The second level employees 3. he students or trainees

The term of office of the members of the CODI shall not be more
than two (2) years.
"The employer or head of office, educational or training institution shall
disseminate or post a copy of this Act for the information of all concerned.
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.

Civil Service Commission Resolution No. 01-0940 Administrative Disciplinary Rules on Sexual Harassment Cases
Section 5
R.A. 7877
Liability of the Employer, Head of Office,
Educational or Training Institution

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
R.A. 7877
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
R.A. 7877
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.
APPLICATION
AAA claimed that on August 16, 1995, petitioner asked
her to be at his office to do an errand. Once inside, she saw
him get a folder from one of the cartons on the floor near his
table, and place it on his table. He then asked her to come
closer, and when she did, held her hand, then touched and
fondled her breast. She stated that he fondled her breast five
times, and that she felt afraid. A classmate of hers, one
Vincent B. Sorrabas, claiming to have witnessed the incident,
testified that the fondling incident did happen just as AAA
related it. In his defense, petitioner claimed that the touching
incident happened by accident, just as he was handing AAA a
lesson book. He further stated that the incident happened in
about two or three seconds, and that the girl left his office
without any complaint.
G.R. No. 146053 DIOSCORO F. BACSIN,petitioner, vs. EDUARDO O. WAHIMAN,respondent.
APPLICATION
QUESTIONS:
1. Is sexual harassment present?
2. If there is, what type of sexual harassment?
3. What is the gravity of the offense?
4. What are the penalties of the said offense?
5. Why is there a need for a teacher to provide a
learning environment free from sexual
harassment?

G.R. No. 146053 DIOSCORO F. BACSIN,petitioner, vs. EDUARDO O. WAHIMAN,respondent.


APPLICATION
Sexually molesting a child is, by any norm, a
revolting act that it cannot but be categorized as a
grave offense. Parents entrust the care and molding
of their children to teachers, and expect them to be
their guardians while in school. Petitioner has
violated that trust. The charge of grave misconduct
proven against petitioner demonstrates his unfitness
to remain as a teacher and continue to discharge the
functions of his office.

- PRESBITERO J. VELASCO, JR.

G.R. No. 146053 DIOSCORO F. BACSIN,petitioner, vs. EDUARDO O. WAHIMAN,respondent.


THANK
YOU!
R.A. 7877: ANTI-SEXUAL
HARASSMENT ACT OF 1995

GERLYN FHAMELE GOLO


MARIA CATHERINE MAQUILANG
Educ 2: The Teaching Profession