Sexual harassment RA 7877 connect with Safe spaces act RA 11313

Sexual harassment RA 7877 Safe spaces act RA 11313

work related 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.
broader concept SECTION 2. Declaration of Policy. – The State shall value the Section 2. Declaration of Policies. -It is the policy of the
dignity of every individual, enhance the development of its State to value the dignity of every human person and
human resources, guarantee full respect for human rights, guarantee full respect for human rights. It is likewise the
and uphold the dignity of workers, employees, applicants for policy of the State to recognize the role of women in
employment, students or those undergoing training, nation-building and ensure the fundamental equality
instruction or education. Towards this end, all forms of sexual before the law of women and men. The State also
harassment in the employment, education or training recognizes that both men and women must have equality,
environment are hereby declared unlawful. security and safety not only in private, but also on the
streets, public spaces, online, workplaces and educational
and training institutions.
Commision Sexual Harassment are committed in: An Act Defining Gender-Based Sexual Harassment in
 1. Work-related or employment environment; Streets, Public Spaces, Online, Workplaces, and
2. Education-related environment Educational or Training Institutions
3. Training-related environment
definition Section 3. Definition of Terms. -As used in this Act:

(a) Catcalling refers to unwanted remarks directed towards

a person, commonly done in the form of wolf-whistling and
misogynistic, transphobic, homophobic, and sexist slurs;

(b) Employee refers to a person, who in exchange for

remuneration, agrees to perform specified services for
another person, whether natural or juridical, and whether
private or public, who exercises fundamental control over
the work, regardless of the term or duration of agreement:
Provided, That for the purposes of this law, a person who is
detailed to an entity under a subcontracting or secondment
agreement shall be considered an employee;

(c) Employer refers to a person who exercises control over

an employee: Provided, That for the purpose of this Act,
the status or conditions of the latter’s employment or
engagement shall be disregarded;

(d) Gender refers to a set of socially ascribed

characteristics, norms, roles, attitudes, values and
expectations identifying the social behavior of men and
women, and the relations between them;

(e) Gender-based online sexual harassment refers to an

online conduct targeted at a particular person that causes
or likely to cause another mental, emotional or
psychological distress, and fear of personal safety, sexual
harassment acts including unwanted sexual remarks and
comments, threats, uploading or sharing of one’s photos
 without consent, video and audio recordings, cyberstalking
and online identity theft;

(f) Gender identity and/or expression refers to the personal

sense of identity as characterized, among others, by
manner of clothing, inclinations, and behavior in relation to
masculine or feminine conventions. A person may have a
male or female identity with physiological characteristics of
the opposite sex in which case this person is considered
transgender:

(g) Public spaces refer to streets and alleys, public parks,

schools, buildings, malls, bars, restaurants, transportation
terminals, public markets, spaces used as evacuation
centers, government offices, public utility vehicles as well
as private vehicles covered by app-based transport network
services and other recreational spaces such as, but not
limited to, cinema halls, theaters and spas; and

(h) Stalking refers to conduct directed at a person involving

the repeated visual or physical proximity, non-consensual
communication, or a combination thereof that cause or will
likely cause a person to fear for one’s own safety or the
safety of others, or to suffer emotional distress.
Other relevant SECTION 6. Independent Action for Damages. – Nothing in
sections 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.
duties of SECTION 4. Duty of the Employer or Head of Office in a Section 17. Duties of Employers. -Employers or other
employers and Work-related, Education or Training Environment. – It shall persons of authority, influence or moral ascendancy in a
head of be the duty of the employer or the head of the work-related, workplace shall have the duty to prevent, deter, or punish
department educational or training environment or institution, to prevent the performance of acts of gender-based sexual
or deter the commission of acts of sexual harassment and to harassment in the workplace. Towards this end, the
provide the procedures for the resolution, settlement or employer or person of authority, influence or moral
prosecution of acts of sexual harassment. Towards this end, ascendancy shall:
the employer or head of office shall:
(a) Disseminate or post in a conspicuous place a copy of this
(a) Promulgate appropriate rules and regulations in Act to all persons in the workplace;
consultation with and joint1y approved by the employees or (b) Provide measures to prevent gender-based sexual
students or trainees, through their duly designated harassment in the workplace, such as the conduct of anti-
representatives, prescribing the procedure for the sexual harassment seminars;
investigation of sexual harassment cases and the (c) Create an independent internal mechanism or a
administrative sanctions therefor. committee on decorum and investigation to investigate and
address complaints of gender-based sexual harassment
Administrative sanctions shall not be a bar to prosecution which shall:
in the proper courts for unlawful acts of sexual harassment. (1) Adequately represent the management, the employees
from the supervisory rank, the rank-and-file employees,
The said rules and regulations issued pursuant to this and the union, if any;
subsection (a) shall include, among others, guidelines on (2) Designate a woman as its head and not less than half of
proper decorum in the workplace and educational or training its members should be women;
institutions. (3) Be composed of members who should be impartial and
not connected or related to the alleged perpetrator;
(b) Create a committee on decorum and investigation of (4) Investigate and decide on the complaints within ten (10)
cases on sexual harassment. The committee shall conduct days or less upon receipt thereof;
meetings, as the case may be, with officers and employees, (5) Observe due process;
teachers, instructors, professors, coaches, trainors, and (6) Protect the complainant from retaliation; and
 students or trainees to increase understanding and prevent (7) Guarantee confidentiality to the greatest extent
incidents of sexual harassment. It shall also conduct the possible;
investigation of alleged cases constituting sexual harassment.
(d) Provide and disseminate, in consultation with all
In the case of a work-related environment, the committee persons in the workplace, a code of conduct or workplace
shall be composed of at least one (1) representative each policy which shall:
from the management, the union, if any, the employees
from the supervisory rank, and from the rank and file (1) Expressly reiterate the prohibition on gender-based
employees. sexual harassment;
(2) Describe the procedures of the internal mechanism
In the case of the educational or training institution, the created under Section 17(c) of this Act; and
committee shall be composed of at least one (1) (3) Set administrative penalties.
representative from the administration, the trainors,
instructors, professors or coaches and students or trainees, Section 18. Duties of Employees and Co-Workers.
as the case may be. -Employees and co-workers shall have the duty to:

The employer or head of office, educational or training (a) Refrain from committing acts of gender-based sexual
institution shall disseminate or post a copy of this Act for the harassment;
information of all concerned. (b) Discourage the conduct of gander-based sexual
harassment in the workplace;
(c) Provide emotional or social support to fellow
employees, co-workers, colleagues or peers who are victims
of gender-based sexual harassment; and
(d) Report acts of gender-based sexual harassment
witnessed in the workplace.

solidary liability SECTION 5. Liability of the Employer, Head of Office, Section 19. Liability of Employers.— In addition to liabilities
Educational or Training Institution. – The employer or head for committing acts of gender-based sexual harassment,
of office, educational or training institution shall be solidarily employers may also be held responsible for:
liable for damages arising from the acts of sexual
harassment committed in the employment, education or (a) Non-implementation of their duties under Section 17 of
training environment if the employer or head of office, this Act, as provided in the penal provisions; or
educational or training institution is informed of such acts by (b) Not taking action on reported acts of gender-based
the offended party and no immediate action is taken. sexual harassment committed in the workplace.
Any person who violates subsection (a) of this section, shall
upon conviction, be penalized with a fine of not less than
Five thousand pesos (₱5,000.00) nor more than Ten
thousand pesos (₱10,000.00).

Any person who violates subsection (b) of this section, shall

upon conviction, be penalized with a fine of not less than
Ten thousand pesos (₱10,000.00) nor more than Fifteen
thousand pesos (₱15,000.00).