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REPUBLIC ACT 7877

Anti-Sexual Harassment Act of 1995

Declaration of State 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.

Elements of the crime of sexual harassment


That the offender has authority,

influence or moral ascendancy over


the victim in a work, training or
education environment;
The offender demands, requests or

otherwise requires any sexual favor


from the victim.

It can be committed by the following:


Employee
Employer
Manager
Supervisor
Agent of the Employer
Teacher
Instructor
Professor
Coach
Trainer
Any Person, who has authority, influence or moral

ascendancy over another in a work or training or education

Employment Environment:
The sexual favor is made as a condition in

the hiring or in the employment, reemployment or continued employment of


said individual, or in granting said
individual favorable compensation, terms
and conditions, promotions, or privileges;
or the refusal to grant the sexual favor
results in limiting, segregating or classifying
the employee which is in any way would
discriminate,
deprive
or
diminish
employment opportunities or otherwise
adversely affect said employee;

The demand, request or requirement


for sexual favors would impair the
employees right or privileges under
existing laws;
The demand, request or requirement
for sexual favors would result in an
intimidating, hostile, or offensive
environment for the employee.

Education and Training Enviroment:


1. The victim is under the care, custody or
supervision of the offender;
2. The sexual favor is made a condition to the
giving of a passing grade, or the granting honors
and scholarship, or the payment of a stipend,
allowance or other benefits, privileges, or
consideration; or
3. The sexual advances result in intimidating,
hostile or offensive environment for the student,
trainee or apprentice.

Penalties:
a) Imprisonment of not less than one (1)
month nor more than six (6) months; or
b) A fine of Ten Thousand Pesos (P10,000)
nor more than Twenty Thousand Pesos
(P20,000) or both at the discretion of the
court

Any action arising from the

violation of the provisions of


this Act shall prescribe in three
(3) years.

Meanwhile, ACTS OF
LASCIVIOUSNESS are covered by the
Revised Penal Code, Article 336 thereof.
The Elements of the Crime are:
1. The offender commits any act of lasciviousness
or lewdness.
2. The act is committed against person of either
sex.

3. It is done under any of the following circumstances:


By using force and intimidation.
When the offended party is deprived of reason or
otherwise.
By means of fraudulent machination or grave abuse
of authority
When the offended party is under 12 years of age is
demented.
The punishment here is prision correccional. (6
months and 1 day to 6 years)