Republic Act No.

7877

“An Act Declaring Sexual Harassment

Unlawful in the Employment, Education
Or Training Environment, and for
Other Purposes”

Anti Sexual Harassment Act of 1995

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SEXUAL HARASSMENT

 is any unwanted sexual attention or

conduct directed at a person. This can
be verbal or physical and can range from
sexist remark to sexual assault. The
harasser’s intention is irrelevant, the
victim’s perception of the situation as
wanted or unwanted determines whether
or not is sexual harassment.”

-Women’s Health & the Law

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The Anti-Sexual harassment
Act of 1995
Penalizes sexual harassment occurring in:
 the workplace
 school and
 training environment

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 Two basic types:

 Quid pro quo (Something for something)

-the demand of sexual favors in
exchange for educational or
economic benefits
 hostile or offensive environment
-verbal acts
-non-verbal acts

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ELEMENTS (Section 3):

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 person

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 Sec. 3(a) Work-related
Sexual favor is made as a condition in:

- the hiring, re-employment or

continued employment, granting of
favorable compensation, terms,
conditions, promotions or
privileges or
- that the refusal to grant the
sexual favor results in limiting,
classifying employee which in any
way would discriminate, deprive or
diminish employment opportunities

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Sec 3(b) - School or training
 against one who is under the care,
custody or supervision of the
offender
 against one whose education,
training apprenticeship or
tutorship is entrusted to the
offender

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School or training

 When the sexual favor is made as a

condition to:
- giving of a grade
- the granting of honors or
scholarships
- the payment of a stipend, allowance
or other benefits, privileges and
considerations

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School or training
 when the sexual advances result in an
intimidating, hostile or offensive
environment for the student, trainee
or apprentice in an education/training
related environment

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WHO IS LIABLE?
 Or any other person having
In a work env’t:
 authority
 Employer, employee,
manager, supervisor,  influence or
agent of the  moral ascendancy
employer over another in a work,
In an education training or education
or training- environment
 Any person who directs or
related env’t:
induces another to commit
 Teacher, instructor,
any act of SH
professor, coach,
trainor  Any person who cooperates
in the commission of SH by
another w/o which it would
have not been committed 10
Employer / Head of Office:

 To promulgate rules and regulations /

guidelines for proper decorum
 in consultation with and jointly
approved by the employees or
students
 to create a Committee on Decorum
and Investigation (CODI) to handle
cases of sexual harassment

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Committe on Decorum & Investigation
(CODI)

To increase understanding of SH

To prevent incident of SH

To conduct investigation of SH cases

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Composition of CODI (Section 4b)
In a work – related env’t, at least 1 representative
from the:

- Management
- Union
-Employees from the supervisory rank
- Rank and file employees

In an education or training env’t, at least 1 rep.

from the:

- Administration
- Trainors, teachers, instructors, professors
or coaches
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 Procedure:

1. Counseling (get the facts)

2. Obtaining professional help
3. Offering Options Available
a. First Option - To File Case
- Administrative
- Criminal Case
- Civil
b. Second Option - Not to File Case

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 LIABILITY OF EMPLOYER, HEAD OF
OFFICE, EDUCATIONAL OR TRAINING
INSTITUTION (Section 5)

SOLIDARILY LIABLE if:

- they are informed of such acts by the

offended party

- No immediate action is taken

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PENALTY: PRESCRIPTIVE
1. Imprisonment PERIOD:
(1 month to 6 mos.) - 3 years
2. Fine -PhP 10,000
to PhP20,000.00
3. Or BOTH ADMINISTRATIVE
ACTION:
INDEPENDENT Civil Service
CIVIL ACTION Commission
(Damages)
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SALAMAT PO!

Atty. Grace R. Marcos

Attorney IV
Commission on Human Rights
Region 2
Tuguegarao City, Cagayan

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