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Philippine Labor Circular - Chan Robles Virtual Law Library

ON-LINE


 
This web page features the full text of the
Anti-Sexual Harassment Act of 1995
Republic Act No. 7877.
Read full text of:chanroblesvirtuallawlibrary
ADMINISTRATIVE DISCIPLINARY RULES ON SEXUAL HARASSMENT CASES
Resolution No. 01-0940, May 21, 2001
  
GLOBAL ANTI-SEXUAL HARASSMENT RESOURCES
 
REPUBLIC ACT NO. 7877
    
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE  EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR  OTHER PURPOSES.


Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

     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 ordiminish 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.

     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.

   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, trainors, 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 trainors, 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:

     (Sgd.) EDGARDO J. ANGARA
     President of the Senate


     (Sgd.) JOSE DE VENECIA, JR
     Speaker of the House of Representatives


     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.


    (Sgd.) EDGARDO E. TUMANGAN
    Secretary of the Senate

    (Sgd.) CAMILO L. SABIO
    Secretary General
    House of Representatives

    Approved: February 14, 1995

    (Sgd.) FIDEL V. RAMOS
    President of the Philippines


 
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