REPUBLIC ACT NO.

7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES
(Signed by Pres. Fidel V. Ramos on
February 14, 1995)

Trainor:
Juanita L. Eligio
BOD-Member, La Union Provincial Cooperative Union
Section 1. Title - The 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. - 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 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.
(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.
 
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 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 joint1y 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  subsection
(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
maybe.

“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.
 Sec. 5. Liability of the Employer, Head of Office, Educational
or Training Institution. – The employer or head of office,
educational training institution shall be solidarily liable for
damage 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 provision of this

Act shall prescribe in three (3) years.

Sec. 8. Separability Clause – if any portion or provision of this

Act is declared void and 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 atleast two (2)
national newspaper of general circulation.
Focus of Sexual Harassment (Civil Service Commission)
a. Physical
1. Physical Contact or malicious touch
2. Over sexual advancer
3. Unwelcome, improper or any unnecessary gesture of a sexual
nature
4. Any other suggestive expression or lewd insinuation.
b. Verbal, such as requests or demand for sexual favors or lurid
remarks
c. Use of objects, pictures, letters or written notes with bold
persuasive sexual under-pinning and which create a hostile,
offensive or intimidating work or training environment which is
annoying or disgusting to the victim.
Classification of Acts of Sexual Harassment
1. Light offense
a. Persistently telling sexist/smutty jokers causing
embarrassment or offense.
b. Leering/ogling which is an unwelcome, suggestive,
flirtations, knowing or malicious look at another.
c. Voyeurism which is sexual stimulation derived through
visual means.
d. Display of sexually offensive pictures, materials, or graffiti.
e. Unwelcome inquiries or comments about a person sex life;
f. Unwelcome sexual flirtation, advance proposition;
g. Making hand or body gestures at an employee; or
h. Persistent unwanted contact or attention after the end of a
concentric relationships
Penalties/Sanctions
1. Reprimand
2. Fine
3. Suspension of 10/20/30 days

2. Less Grave Offenses

a. Requesting for dates to public places or sexual favors in exchange for
employment, travels, favorable working conditions or assignments or
grant of benefits;
b. Pinching not falling under frame offense;
c. Unnecessary touching brushing against a victim’s body;
d. Derogatory or degrading remarks or innuendos directed towards
members of one sex or sexual orientation;
e. Verbal abuse or threats.
Penalties/Sanctions
1. Fine
2. Suspension- not less than 6 months
3. Transfer or demotion in rank, salary
3. Grave Offenses
a. Unwanted touching of private parts of the body or any other act of
malicious touching
b. Sexual assault
c. Any act of sexual harassment stated in Rules of CSC Implementing Rules
& Regulations
Penalties/Sanctions
1. Fine of more or less 6 months salary
2. Suspension of one year
3. Dismissal at the discretion of disciplining authority
Procedures in Conducting Investigation:
1. Filing of complaint under oath to the Committee
2. Preliminary investigation
3. Record of Proceedings
4. Investigation not later than 5 days from receipt of complaint
5. Report of Investigation
6. Formal Charge