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, educationor 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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