ED 102
THE TEACHING PROFESSION
Course Facilitator: Reporter:
Prof. Sheelu D. Bernal, MAT Marymar P. Tomasa
Republic Act No. 7877 – An Act
Declaring Sexual Harassment
Unlawful in the Employment,
Education or Training
Environment, and for the Other
Purposes
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 – is committed by an employer,
employee, manager, supervisor, agent of the employee,
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 other, regardless of whether
the demand, request 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 flavorable
compensation, terms, condition, promotions, or privileges, or
the refusal to grant the sexual favour results in limiting,
segregating or classifying the employee which in any way
would discriminate, deprive of 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.
(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 result, 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 acts of sexual harassment
and to provide the procedures 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. 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.
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, 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.
SECTION 6. Independent Action for Damages – Nothing in
this Act shall prelude 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 violate the provisions
of this Act shall, upon conviction, be penalized by
imprisonment of not less than one month nor more than six
months, or a fine of not less than P10,000.00 nor more than
P20,000.00 or both such fine or imprisonment at the
discretion of the court.
Any action arising from the violation of the provisions of this
Act shall prescribe in 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 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 days after its
complete publication in at least two national
newspapers of general circulation.
