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S. No. 1632 H. No. 9425 / 91 OG No. 15, 2144 (April 15, 1995) ; 5 VLD 1 2d ; Journal &
Malaya 2/18/95
[ REPUBLIC ACT NO. 7877, February 14, 1995 ]
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."
SEC. 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.
SEC. 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, conditions, promotions, or
privileges; or the refusal to grant the sexual favor results in Emiting,
segregating or classifying the employee which in any way would discriminate,
deprive or diminish 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.
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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 considerations; 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.
SEC. 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 jointly
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 sub-section (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, teachers, 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
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a copy of this Act for the information of all concerned.
SEC. 5. Liability of the Employer, Head of Office, Educational or Training Institution. -
The employer or head of office, educational or training institution shall be solidarity 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
thereon.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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 (Sgd.) JOSE DE VENECIA, JR.
President of the Senate Speaker of the House of Representatives
This Act which 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 (Sgd.) CAMILO L. SABIO
Secretary of the Senate Secretary General House of Representatives
Approved: February 14, 1995
(Sgd.) FIDEL V. RAMOS
President of the Philippines
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