REPUBLIC ACT No.
7877 stipend, allowance or other benefits, privileges,
or consideration; or
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL
IN THE EMPLOYMENT, EDUCATION OR TRAINING (4) When the sexual advances result in an
ENVIRONMENT, AND FOR OTHER PURPOSES. intimidating, hostile or offensive environment for
the student, trainee or apprentice.
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled: Any person who directs or induces another to commit any
act of sexual harassment as herein defined, or who
Section 1. Title. - This Act shall be known as the "Anti-Sexual cooperates in the commission thereof by another without
Harassment Act of 1995." which it would not have been committed, shall also be held
liable under this Act.
Section 2. Declaration of Policy. - The State shall value the dignity
of every individual, enhance the development of its human resources, Section 4. Duty of the Employer or Head of Office in a Work-related,
guarantee full respect for human rights, and uphold the dignity of Education or Training Environment. - It shall be the duty of the
workers, employees, applicants for employment, students or those employer or the head of the work-related, educational or training
undergoing training, instruction or education. Towards this end, all environment or institution, to prevent or deter the commission of acts
forms of sexual harassment in the employment, education or training of sexual harassment and to provide the procedures for the resolution,
environment are hereby declared unlawful. settlement or prosecution of acts of sexual harassment. Towards this
end, the employer or head of office shall:
Section 3. Work, Education or Training -Related, Sexual
Harassment Defined. - Work, education or training-related sexual (a) Promulgate appropriate rules and regulations in
harassment is committed by an employer, employee, manager, consultation with and joint1y approved by the employees or
supervisor, agent of the employer, teacher, instructor, professor, students or trainees, through their duly designated
coach, trainor, or any other person who, having authority, influence representatives, prescribing the procedure for the
or moral ascendancy over another in a work or training or education investigation of sexual harassment cases and the
environment, demands, requests or otherwise requires any sexual administrative sanctions therefor.
favor from the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said Act. Administrative sanctions shall not be a bar to prosecution
in the proper courts for unlawful acts of sexual harassment.
(a) In a work-related or employment environment, sexual
harassment is committed when: The said rules and regulations issued pursuant to this
subsection (a) shall include, among others, guidelines on
(1) The sexual favor is made as a condition in the proper decorum in the workplace and educational or
hiring or in the employment, re-employment or training institutions.
continued employment of said individual, or in
granting said individual favorable compensation, (b) Create a committee on decorum and investigation of
terms of conditions, promotions, or privileges; or cases on sexual harassment. The committee shall conduct
the refusal to grant the sexual favor results in meetings, as the case may be, with officers and employees,
limiting, segregating or classifying the employee teachers, instructors, professors, coaches, trainors, and
which in any way would discriminate, deprive students or trainees to increase understanding and prevent
ordiminish employment opportunities or incidents of sexual harassment. It shall also conduct the
otherwise adversely affect said employee; investigation of alleged cases constituting sexual
harassment.
(2) The above acts would impair the employee's
rights or privileges under existing labor laws; or In the case of a work-related environment, the committee
shall be composed of at least one (1) representative each
(3) The above acts would result in an from the management, the union, if any, the employees
intimidating, hostile, or offensive environment from the supervisory rank, and from the rank and file
for the employee. employees.
(b) In an education or training environment, sexual In the case of the educational or training institution, the
harassment is committed: committee shall be composed of at least one (1)
representative from the administration, the trainors,
instructors, professors or coaches and students or trainees,
(1) Against one who is under the care, custody or as the case may be.
supervision of the offender;
The employer or head of office, educational or training
(2) Against one whose education, training, institution shall disseminate or post a copy of this Act for
apprenticeship or tutorship is entrusted to the the information of all concerned.
offender;
Section 5. Liability of the Employer, Head of Office, Educational or
(3) When the sexual favor is made a condition to Training Institution. - The employer or head of office, educational or
the giving of a passing grade, or the granting of training institution shall be solidarily liable for damages arising from
honors and scholarships, or the payment of a
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.
