REPUBLIC ACT No. 7877
REPUBLIC ACT No. 7877
REPUBLIC ACT No. 7877
7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,
EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.
Ayson, Joycell E.
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 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.
(a) In a work-related or employment environment, sexual harassment is
committed when:
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 of conditions, promotions, or privileges; or the refusal to grant the sexual favor results
in limiting, segregating or classifying the employee which in any way would discriminate,
deprive or diminish employment opportunities or otherwise adversely affect said employee;
2. The above acts would impair the employee's rights or privileges under existing labor laws; or
3. The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
(b) In an education or training environment, sexual harassment is
committed:
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 consideration; or
4. When the sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice.
Section 4. 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:
(a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the employees or students or
trainees, through their duly designated representatives, prescribing the procedure for the investigation of 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.
The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper decorum
in the workplace and educational or training institutions.
(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct
meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, Trainor's,
and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct
the investigation of alleged cases constituting sexual harassment.
In the case of a work-related environment, the committee shall be composed of at least one (1) representative each
from the management, the union, if any, the employees from the supervisory rank, and from the rank and file
employees.
In the case of the educational or training institution, the committee shall be composed of at least one (1)
representative from the administration, the Trainor's, instructors, professors or coaches and students or trainees, as
the case may be.
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.
Section 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer
or head of office, educational or training institution shall be solidarily liable for damages 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.
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 provisions of this Act shall prescribe in three (3) years.
Section 8. Separability Clause - If any portion or provision of this Act is declared void or 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 10. Effectivity Clause - This Act shall take effect fifteen (15) days after its complete publication in at
least two (2) national newspapers of general circulation.
Approved:
This Act is a consolidation of House Bill No. 9425 and Senate Bill No. 1632 was finally passed by the House of
Representatives and the Senate on February 8, 1995.
https://up.edu.ph/a-grand-opportunity-to-serve-edgardo-j-angara-1934-2018/
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R.A. 8046 (lawphil.net)
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