This document summarizes Republic Act 7877 or the Anti-Sexual Harassment Act of 1995 in the Philippines. It declares all forms of sexual harassment in employment, education, and training environments unlawful. It defines sexual harassment and classifies acts as grave, less grave, or light offenses. It also outlines administrative liabilities for those found guilty of sexual harassment and tips for victims.
3. Section 2. Declaration of Policy
The State shall value the 1
dignity of every
individual, 2
enhance the development of its
human resources, 3
guarantee full respect for
human rights, & 4
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.
4. SEC. 3 (b)
(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.
5. Rule X. CLASSIFICATION
OF ACTS OF SEXUAL
HARASSMENT
Section 53.Section 53. Sexual harassmentSexual harassment
is classified asis classified as grave,grave,
less grave and light offensesless grave and light offenses..
6. A. Grave Offenses shall include
but are not limited to:
Unwanted touching of private parts of
the body (genitalia, buttocks and breast);
Sexual assault;
Malicious touching;
7. Requesting for sexual favor in exchange for
employment, promotion, local or foreign
travels, favorable working conditions or
assignments, a passing grade, a granting of
honors or scholarship, or the grant of
benefits or payment of a stipend or
allowance, and
Other analogous cases.
8. B. Less Grave Offenses shall
include but are not limited to:
Unwanted touching or brushing against
victim’s body;
Pinching not falling under grave offenses.
9. Derogatory or degrading remarks or
innuendoes directed toward the member of
one’ sex or one’s sexual orientation or used
to describe a person;
Verbal abuse or threats with sexual
overtones; and
Other analogous cases.
10. C. Light Offenses
Surreptitiously looking or stealing
look at a person’s private parts or
worn undergarment;
11. Telling sexist/smutty jokes or sending
there 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 and embarrassing or
even without such advise, when they are
by nature clearly embarrassing, offensive
and vulgar;
12. Malicious leering or ogling;
The display of sexually offensive pictures,
materials or graffiti;
Unwelcome inquiries or comment about a
person’s sex life;
Unwelcome sexual flirtation, advances,
proposition;
13. Making offensive hand or body gestures at
an employee;
Persistent unwanted attention with sexual
overtones;
Unwelcome phone calls with sexual
overtones causing discomfort,
embarrassment, offense or insult to the
receiver; and
Other analogous cases.
15. Section 54
The head of office who fails to act
within (15) days from receipt of any
complaint for sexual harassment
properly filed against any employee in
that office shall be charged with
Neglect of Duty.
16. Section 55
Any person who is found guilty
of sexual harassment shall,
after investigation, be meted
the penalty corresponding to the
gravity and seriousness of the
offenses.
17. Section 56
The penalties for light, less grave, and grave
offenses are as follows:
For light offenses:
2nd offense – fine or suspension
not exceeding 30 days
3rd offense – dismissal
For grave offenses: DISMISSAL
18. Section 57
If the respondent is found guilty of two
or more charges or counts, the penalty
to be imposed should be that
corresponding to the most serious
charge or count and the rest shall be
considered as aggravating
circumstances.
19. If You Are A Victim of Sexual
Harassment
Recognize sexual harassment when it happens.
Understand that it is not your fault and that it
neither "comes with the job" nor is "part of the
educational process."
Don't ignore the offensive behavior. The
behavior probably will not change if you ignore it
without taking further action.
20. One option is to talk to the
harasser. Tell him/her that
you find the behavior
offensive.
Put your objections to the
sexual harassment in
writing, send a letter to
the harasser, and keep a
copy in your file.
21. Document all sexual harassment incidents or
conversations about the incidents. Record the
date, time, place, people involved, and who
said what to whom. Consider keeping two sets
of your documentation for your files.
Don't encourage harassers by smiling,
laughing at their jokes, or "flirting back." This
type of response can lead a harasser to
mistakenly think you enjoy this type of
attention.