BOHOL ISLAND STATE UNIVERSITY

Candijay Campus, Cogtong, Candijay

Vision: A premier Science and Technology university for the formation of world class and
virtuous human resource for sustainable development in Bohol.

Mission: BISU is committed to provide quality higher education in the arts and sciences, as
well as in the professional and technological fields; undertake research and development and
extension services for the sustainable development of Bohol and the country.
______________________________________________________________
COLLEGE OF ADVANCED STUDIES
Master in Education major in Educational Administration

Subject Code : EdMa 506

Nomenclature : Personnel Management in Education
Subject Instructor : GINA A. MACALOS-GALBO, RL, LPT, MA, MLIS
Masterand : LYNN JAICA L. GALAN

TOPIC: Anti-Sexual Harassment Act

Safe Spaces Act

OBJECTIVES:
At the end of this report, masterands are expected to:
A. Define sexual harassment in work, education or training-related sexual
harassment;
B. Know the cases that can be filled when sexual harassment is committed;
C. Discuss cases that involve sexual harassment.
RA NO. 7877 – ANTI-SEXUAL HARASSMENT ACT OF 1995
What is sexual harassment in work, education or training-related sexual
harassment?
Sexual harassment in work, education or training-related sexual harassment is
committed when an employer, teacher, or any person who has authority, influence or
moral ascendancy over another (a) demands, (b) requests or (c) otherwise requires
any sexual favor from the latter, regardless of whether the demand, request or
requirement for submission is accepted by the object of said act.
Who may commit work, education, or training-related sexual harassment?
It may be committed by the following:

 Employer
 Employee
 Manager or supervisor
 Agent of the employer
 Teacher, instructor, or professor
 Coach or trainor
 Any other person who has authority, influence or moral ascendancy over
another in a work or training or education environment
  Any person who directs or induces another to commit any act of sexual
harassment 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
How is work-related or employment environment sexual harassment
committed?
Work-related or employment environment sexual harassment is committed by the
concurrence of the following:
The sexual favor is made as a condition in the (a) hiring or in the employment, re-
employment or continued employment of individual, or (b) in granting said individual
favorable compensation, terms, 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;
The above acts would impair the employee’s rights or privileges under existing labor
laws; or
The above acts would result in an intimidating, hostile, or offensive environment for
the employee.
Workplace sexual harassment occurs when a supervisor, or agent of an employer, or
any other person who has authority over another in a work environment, imposes
sexual favors on another, which creates in an intimidating, hostile, or offensive
environment for the latter (LBC Express v. Palco, G.R. No. 217101, February 12,
2020).
How is sexual harassment in education or training environment committed?
Sexual harassment in education or training environment is committed by the
presence of any of the following:
The sexual harassment is committed against one who is under the care, custody or
supervision of the offender;
The sexual harassment is committed against one whose education, training,
apprenticeship or tutorship is entrusted to the offender;
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
When the sexual advances result in an intimidating, hostile or offensive environment
for the student, trainee or apprentice.
What is the gravamen or gist of sexual harassment?
The gravamen of the offense in sexual harassment is not the violation of the
employee’s sexuality but the abuse of power by the employer.
It is not necessary that there was an offer for sex for there to be sexual harassment
as a superior’s conduct with sexual underpinnings, which offends the victim or
creates a hostile environment would suffice.
What is the 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.
What are the duties of the employer or head of office in a work-related,
education or training environment in the enforcement of this Act?
RA 7877 mandates that the employer or the head of the work-related, educational or
training environment or institution duties in ensuring the enforcement of this Act, to
wit:
They must provide the procedures for the resolution, settlement or prosecution of
acts of sexual harassment.
The employer must create a committee on decorum and investigation of cases on
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.
What is the penalty or sanction of a person guilty of sexual harassment as
defined in RA 7877?
A person found guilty of sexual harassment shall 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.
May damages resulting from sexual harassment may be separately and
independently instituted?
Yes. Sec. 6, RA 7877 provides that 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.
Sexual harassment engenders three-fold liability:
CRIMINAL CASE- to address the wrong committed against society itself;
CIVIL CASE- to address the private wrong against the offended party;
ADMINISTRATIVE CASE- to protect the public service
Sample Cases:

 Mollaneda vs. Umacob, (June 6, 2001)

 Escandor vs People (July 6, 2020)
 Tolingco vs. Court of Appeals
R.A.11313 SAFE SPACES ACT
The Safe Spaces Act (Bawal Bastos Law) covers all forms of gender-based sexual
harassment (GBSH) committed in public spaces, educational or training institutions,
workplace and online space.
What is gender-based sexual harassment (GBSH)?
When referring to gender, Republic Act No. 11313 defines it as a set of socially
ascribed characteristics, norms, roles, attitudes, values, and expectations identifying
the social behavior of men and women as well as the relations between them.
Gender identity would be the personal sense of identity characterized along the
spectrum of the feminine- and masculine-presenting conventions regardless of their
sexuality.
Gender-based sexual harassment constitutes any acts that are committed through
any unwarranted, unwanted, and uninvited sexual actions or remarks against any
person, of any gender identity, regardless of the motive for committing such action or
remarks.
1st Degree Offense – Sec. 11a, R.A. 11313

 Cursing
 Catcalling
 Wolf-whistling
 Leering and intrusive gazing
 Taunting, unwanted invitations
 Misogynistic, transphobic, homophobic and sexist slurs
 Persistent and unwanted comments on one’s appearance
 Relentless requests for personal details such as names, contact, and social
media details, or destination
 Use of words, gestures, or actions that ridicule on the basis of sex, gender or
sexual orientation; identity and/or expression including sexist homophobic,
transphobic statements and slurs
 Persistent telling of sexual jokes
 Use of sexual names, comments, and demands
 Any statement that has made an invasion on a person’s personal space or
threatens the person’s sense of personal safety

Penalties for 1st Degree Offenses

 1st Offense - P1,000.00 fine and 12 hours community service with gender
sensitivity seminar with PNP
 2nd Offense - 6-10 days imprisonment or fine of P3,000.00
 3rd Offense - arresto menor (11-30 days) and fine of P10,000.00)

2nd Degree Offenses - Sec. 11b, R.A. 11313

• Making offensive body gestures at someone
• Exposing private parts or flashing of private parts
• Public masturbation Groping and other similar lewd sexual actions
Penalties for 2nd Degree Offenses
 1st Offense - P10,000.00 fine and 12 hours community service with
gender sensitivity seminar with PNP
 2nd Offense - arresto menor (11-30 days) and fine of P15,000.00)
 3rd Offense - arresto mayor (1 month and 1 day to 6 months) and fine
of P20,000.00
3rd Degree Offenses - Sec. 11c, R.A. 11313
 Stalking
 Acts mentioned in paragraphs a & b when accompanied by touching,
pinching or brushing against the body of offended person
 Touching, pinching or brushing against the genitalia, face, arms, anus,
groin, breasts, inner thigh, face, buttocks, or any of the victim's body
parts
Penalties for 3rd Degree Offenses
 1st Offense - arresto menor (11-30 days) or fine of P30,000.00with
gender sensitivity seminar with PNP
 2nd Offense - arresto mayor (1 month and 1 day to 6 months) and fine
of P50,000.00
 3rd Offense - arresto mayor in its maximum or fine of P100,000.00
Gender-Based Online Sexual Harassment
 Acts that use ICT in terrorizing victims through physical, psychological,
and emotional threats
 unwanted sexual, misogynistic, transphobic, homophobic and sexists
remarks and comments online sexual harassment is
 invasion of victims privacy thru cyberstalking, incessant messaging,
uploading and sharing any of the victim's photos, videos, or any info
online
Penalties for Gender-Based Online Sexual Harassment
 Prision correccional in its medium period and a fine of P100,000.00 to
P500,000.00 or both at the discretion of the court.
Duties of Employers (Sec. 17)
 Employers and other persons of authority, influence or moral
ascendancy in a workplace
 shall have the duty to prevent, deter, or punish the performance of
acts of gender-based sexual harassment in the workplace.
Liabilities of Employers (Sec. 19)
 Employers may be held liable for non-implementation of their duties
under Sec. 17.
 Fine P5,000 - P15,000
Gender-Based Sexual Harassment in Educational Institutions

 School Heads shall disseminate or post a copy of this act in a conspicuous

place in the educational institution.
 Provide measures to prevent gender-based sexual harassment
  Create an independent internal mechanism or a CODI (Committee on
Decorum and Investigation) to address and investigate complaints

RELATED STUDIES:
Topic: A Case Study on Gender-Based Sexual Harassment in the Promotion of
the Safe Spaces Act in Negros Occidental
Findings:
In the survey conducted by the researchers, there were several barriers identified
that hindered the reporting of GBSH. Majority, representing 29.93 percent of the total
responses are attributable to the non-recognition of the seriousness of their
experience of gender-based sexual harassment. About 27.01 percent of the
responses considered embarrassment, shame and emotional difficulty as a barrier to
reporting while another 18.98 percent added that they did not know where to go or
whom to report their bad experiences. Other responses included fear of negative
consequences, fear of violation of confidentiality, feeling of helplessness, or nothing
can be done and not wanting the offender to get into trouble.
Recommendation:
National and local legislators must coordinate with the implementing agencies to
determine these possible gaps and barriers that they may experience so that they
may be able to address them accordingly. Local legislators, as forerunners in
localizing the law, must create ordinances that will guide its constituents in seeking
redress for any violation of such law. If possible, they should involve the local
community to engage in talks or forums so as to craft ordinances that effectively
addresses and caters to real experiences of their constituents and the community as
a whole, thereby, bringing the law closer to the people.

Topic: An Analysis of Sexual Harassment in Selected Learning Institutions in

Nueva Ecija, Philippines Using Blumer’s Interactionism Model
Findings:
The study showed the diverse interpretation of respondents on potential sexual
harassment acts. It also showed the need to increase level of awareness on sexual
harassment
Conclusions:
Towards the goal of preventing sexual harassment in learning institution, there is a
need to reorient society on the issue using social- cultural and power approaches in
the analysis of sexual harassment. A nationwide study on the issue to level of and lay
down theoretical guidelines on teachers’ behaviors potentially interpreted as sexual
harassment behavior of students is necessary.
Recommendation:
The government must ensure that dissemination, implementation and observance of
organizational guidelines on teacher’s behavior are observed. There are defining
features of sexual harassment behaviors which teachers must bear in mind to evade
undue accusation of sexual harassment. As the study pointed out, the symbolic
interactionism as a theoretical model implies that the same gesture may create
different meanings to different persons. Sexual harassment is greatly dependent on
the perception of victims and their meaningful interpretation. Although, the study is
not done in a laboratory setting, the emergence of results may contribute to the
prevention measure which private and government institutions may design and use
as a set of standard of behavior within a learning institution. Learning institution is not
only a provider of quality education to young people. It has also the duty to maintain
safe and peaceful environment for the students and faculty members.

References:
• https://sarimanoklawclinic.com/2022/01/26/r-a-no-7877-anti-sexual-
harassment-act-of-1995/#:~:text=A%20person%20found%20guilty%20of,
%2C000)%2C%20or%20both.
• https://ppp.gov.ph/wp-content/uploads/2022/06/20190417-RA-11313-
RRD.pdf
• https://legalresearchph.com/2021/02/27/a-case-study-on-gender-based-
sexual-harassment-in-the-promotion-of-the-safe-spaces-act-in-negros-
occidental/
• https://www.scirp.org/journal/paperinformation.aspx?paperid=73667