THE TEACHING PROFESSION
LAW: R.A. 7877 or Anti-Sexual Harassment Act of 1995
PROPONENTS: Can’t find the author but it was signed and approved by
Edgardo J. Angara, Jose De Venecia Jr., Edgardo E. Tumangan,
Camilo L. Sabio and Former President Fidel V. Ramos
DATE RATIFIED: February 14, 1995
OBJECTIVES:
R.A 7877 aims to:
1. Value and uphold the dignity of every individual.
2. Enhance the development of its human resources guarantee full respect for human rights.
SUMMARY:
Section 1: R.A 7877 is also known as Anti-Sexual Harassment Act of 1995.
Section 2: The State shall value and uphold the dignity of every individual such as the workers,
employees, applicants for employment, students and even those who undergoing the training and
instruction or education. Then, enhance the development of its human resources guarantee full
respect for human rights and all forms of sexual harassment in the employment, education or
training environment is said to be unlawful.
Section 3: Work, education or training-related sexual harassment is committed most especially
by those who have authority or influence, 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. In a work-related or employment environment, sexual
harassment is committed when the sexual favor is made as a condition in return of the
employment, promotions or privileges, compensation or a person refuse to grant the sexual favor
that results to a negative effect towards to the employee. Then, the above acts would impair the
employee's rights or privileges under existing labor laws and the above acts would result in an
intimidating, hostile, or offensive environment for the employee.
In an education or training environment, sexual harassment is committed 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 when
the sexual advances result in an intimidating, hostile or offensive environment for the student,
trainee or apprentice.
Then, 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: 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. Administrative sanctions shall not be a bar to prosecution in the
proper courts for unlawful acts of sexual harassment. 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: The employer or head of office, educational or training institution shall be the one
who is liable for damages cause from 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: Nothing in this Act shall prevent the victim of work, education or training-related
sexual harassment from starting a separate and independent action for damages and other
affirmative relief.
Section 7: Any person who violates the provisions of this Act upon conviction, shall 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 and any action arising from the
violation of the provisions of this Act shall prescribe in three (3) years.
Section 8: If any portion or provision of this Act is declared not valid or unconstitutional, the
remaining portions or provisions hereof shall not be affected by such declaration.
Section 9: 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: This Act shall take effect fifteen (15) days after its complete publication in at least
two (2) national newspapers of general circulation.
REFLECTION:
As I’ve read this law, its concept is very clear. This only explains that sexual harassment
is mostly done by those who have authority or influence and they don’t choose any gender, age,
and setting where they want to do it. Now as a future teacher, this law only reminds me that once
I already in the field of teaching, I should be careful and mindful in others action especially ours.
Then, at the same time, be known to this Act because we can’t say that there will come a time
that we will be in that situation or may be one of our students will experience it and they ask help
from us. Being aware and knowledgeable about this Act is important for us teachers because we
know when to react, response and do something if in case we or one of our students is on that
situation.