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Pertinent Laws

• RA 7877 Anti Sexual Harassment Act


• RA 8353 Anti Rape Law
• RA 9262 Anti Violence against Women and their
Children Act
Republic Act no. 7877
Anti Sexual Harassment
Act
Anti Sexual Harassment Act (what)
Definition

Demanding, requesting, or
otherwise requiring any sexual
favor from another, regardless
if accepted.
Anti Sexual Harassment Act
(where)

• Work related or employment


environment
• Education or training
environment
Anti Sexual Harassment Act
(who)
Work related or employment environment:
• Employer
• Employee
• Manager
• Supervisor
• Agent of Employer
• Anyone with authority, influence, or
moral ascendancy
Anti Sexual Harassment Act
(how)
The sexual favor is made as a
condition for:
• hiring, re-employment, or continued
employment
• Favorable compensation, terms or
conditions, promotions, or privileges
• Adverse effects on employment
opportunities due to refusal to grant
sexual favors
Anti Sexual Harassment Act
(how)

Refusal to give sexual favor results


in:
• Impairment of rights or privileges
under labor laws
• Result in an intimidating, hostile,
or offensive environment
Anti Sexual Harassment Act
(who)
Education or Training Environment:
• Teacher
• Instructor
• Professor
• Coach
• Trainor
• Anyone with authority, influence, or
moral ascendancy
Anti Sexual Harassment Act
(who)
Education or Training Environment:
Against whom:
• One who is under the care, custody,
or supervision of offender
• One whose education, training,
apprenticeship is entrusted to
offender
Anti Sexual Harassment Act
(how)
The sexual favor is made as a
condition for:
• Passing grade
• Granting of honors and
scholarships
• Payment of a stipend, allowance, or
other benefits, privileges or
consideration
Anti Sexual Harassment Act
(how)

Refusal to give sexual favor results


in:
• Result in an intimidating, hostile,
or offensive environment
Anti Sexual Harassment Act

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.
Anti Sexual Harassment Act
Duties of Employer or Head of
Office:
• Prevent or deter acts of sexual
harassment
• Provide procedures for resolution,
settlement, or prosecution of
offenses
Anti Sexual Harassment Act
Mechanism
• Promulgate rules and regulations for procedure
in investigating sexual harassment cases and
administrative sanctions
• In consultation with and approved by
employees, students, or trainees
• Committee on decorum and investigation of
cases
• Conduct meetings to increase understanding
and prevent incidents
• Investigate cases
Anti Sexual Harassment Act

Liability of employer or head of office:


• Failure to act immediately if informed
of such acts by the offended party
• Solidarily liable for damages
Anti Sexual Harassment Act
Penalties
• 1 month to 6 months
• Fine P10,000 to P20,000
• Or both
Republic Act no. 8353
Anti Rape Law
Anti Rape Law

• Amended Article 266 of the Revised


Penal Code
• Made rape into a public crime
• Removed exclusivity to females
• Increased penalties
Anti Rape Law (who)

Any person

• Male or female
• Including spouses
Anti Rape Law (how)
Insertion of:
• Penis
• Instrument or object
Into:
• Mouth
• Anal orifice
• Genitalia
Anti Rape Law (how)
• Through force, threat, or intimidation;
• When the offended party is deprived of
reason or otherwise unconscious;
• By means of fraudulent machination or
grave abuse of authority; and
• When the offended party is under twelve
(12) years of age or is demented, even
though none of the circumstances
mentioned above be present.
Republic Act no. 9232
Violence against Women
and their Children Act
Anti Violence against Women

• Special law protecting women from all forms of


abuse
• Composed of a criminal action and special civil
actions
• Protection Orders
• Barangay
• Court
• Made Battered Woman Syndrome a valid
defense
Anti Violence against Women
(who)
May be committed against a woman who is:
• wife

• former wife
• Sexual or dating relationship
(includes lesbian relationships)
• with common child
Anti Violence against Women

Kinds of violence:

• Physical
• Sexual
• Emotional or Psychological
• Economic
Anti Violence against Women
Physical Violence

refers to acts that include bodily or


physical harm
.
Anti Violence against Women
Sexual Violence
• Rape
• Sexual harassment
• Acts of lasciviousness
• Made into a sex object
• Demeaning or sexually suggestive
remarks
Anti Violence against Women
Sexual Violence
• Physical attack on sexual parts
• Forcing to watch obscene
publications and indecent shows
• Indecent acts and/or make films
thereof
• Forcing wife and mistress to live in
the conjugal home or sleep together
in the same room
Anti Violence against Women
Sexual Violence
• acts causing or attempting to cause
the victim to engage in any sexual
activity by force, threat of force,
physical or other harm or threat of
physical or other harm or coercion;
• Prostituting the woman or child.
Anti Violence against Women
Psychological Violence
acts or omissions causing or likely to cause mental
or emotional suffering of the victim such as but
not limited to:
• Intimidation
• Harassment
• Stalking
• Damage to property
• Public ridicule or humiliation,
• Repeated verbal abuse and mental infidelity.
Anti Violence against Women
Economic Abuse
refers to acts that make or attempt to make a
woman financially dependent.
• withdrawal of financial support or preventing the
victim from engaging in any legitimate
profession, occupation, business or activity,
except in cases wherein the other
spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the
Family Code;
Anti Violence against Women
Economic Abuse
refers to acts that make or attempt to make a
woman financially dependent.
• deprivation or threat of deprivation of financial
resources and the right to the use and
enjoyment of the conjugal, community or
property owned in common;
• destroying household property;
• controlling the victims' own money or properties
or solely controlling the conjugal money or
properties.
Anti Violence against Women
Battered Woman Syndrome

refers to a scientifically defined pattern


of psychological and behavioral
symptoms found in women living in
battering relationships as a result of
cumulative abuse.
Anti Violence against Women
Protection Orders:

• Barangay Protection Order


• Court Protection Order
• Temporary Protection Order
• Permanent Protection Order
Anti Violence against Women
Prohibitions:
• Acts of violence
• Communication
• Removal from residence, regardless of
ownership
• Stay away from person, residence, school,
work, or other place
• Use of vehicles and other personal effect,
regardless of ownership
Anti Violence against Women
Prohibitions:
• Custody of minor children
• Support
• Use or possession of firearm or deadly
weapon
• Restitution for damages
Anti Violence against Women
Who may file:
• the offended party;
• parents or guardians of the offended party;
• ascendants, descendants or collateral
relatives within the fourth civil degree of
consanguinity or affinity;
• officers or social workers of the DSWD or
social workers of local government units
(LGUs);
Anti Violence against Women
Who may file:
• police officers, preferably those in charge of
women and children's desks;
• Punong Barangay or Barangay Kagawad;
• lawyer, counselor, therapist or healthcare
provider of the petitioner;
• At least two (2) concerned responsible
citizens of the city or municipality where the
violence against women and their children
occurred and who have personal knowledge
of the offense committed.

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