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Republic Act 7877

“ANTI-SEXUAL HARASSMENT ACT


OF 1995

Prepared by:

Atty. Graciano C. Compe, Jr.


Declaration of State 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.
Elements of the crime of sexual harassment:

1. that the offender has authority, influence or


moral ascendancy over the victim in a work,
training or education environment;

2. the offender demands, requests or otherwise


requires any sexual favor from the victim.
It can be committed by the following:

1. Employer;
2. Employee;
3. Manager;
4. Supervisor;
5. Agent of the employer;
6. Teacher;
7. Instructor;
8. Professor;
9. Coach;
10. Trainor;
11. Any person, who has a authority, influence or moral ascendancy
over the victim.
The gravamen of the offense id not the violation of the victim’s
sexuality but the abuse of power of the offender.

A mere casual buss on the cheek is not a sexual conduct or favor and
does not fall within the purview of sexual harassment under RA 7877.
EMPLOYMENT ENVIRONMENT:
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 and conditions, promotions, or privileges; or the refusal to
grant the sexual favor results in limiting, segregating or classifying
the employee which is in any way would discriminate, deprive or
diminish employment opportunities or otherwise adversely affect
said employee;

2. the demand, request or requirement for sexual favors would


impair the employee’s right or privileges under existing laws;

3. the demand, request or requirement for sexual favors would result


in an intimidating, hostile, or offensive environment for the
employee.
EDUCATION AND TRAINING ENVIRONMENT:

1. the victim is under the care, custody or supervision of the


offender;

2. the education, training apprenticeship or tutorship of the victim is


entrusted to the offender;

3. the sexual favor is made a condition to the giving of a passing


grade, or the granting honors and scholarship, or the payment of a
stipend, allowance or other benefits, privileges, or consideration; or

4. the sexual advances result in intimidating, hostile or offensive


environment for the student, trainee or apprentice.
Penalties:

a) Imprisonment of not less than


one (1)month nor more than six (6)
months; or

b) a fine of Ten Thousand Pesos


(P10,000) nor more than Twenty
Thousand Pesos (P20,000) or both
at the discretion of the court
 Any action arising from the violation of
the provisions of this Act shall prescribe
in three (3) years.
 end

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