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RA 7877: Anti-Sexual Harassment

Act of 1995
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WHAT IS SEXUAL HARASSMENT?

It is an act or a series of acts involving any


unwelcome sexual advance, request or demand for a
sexual favor, or other verbal or physical behavior of a
sexual nature, committed in a work-related, training-
or education- related environment.
Civil Service Commission (CSC),
Administrative Disciplinary
Rules on Sexual Harassment Cases.
Resolution No. 01-0940, May 21, 2001

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WHEN IS SEXUAL HARASSMENT COMMITTED
IN THE EMPLOYMENT OR WORK-RELATED
ENVIRONMENT?
Work-related sexual harassment is committed when:

1. the submission to or rejection of the act or series of acts is


used as basis for any employment decision or
2. the act or series of acts have the purpose or effect of
interfering with the complainants work performance, or
creating an intimidating, hostile or offensive work
environment; or
3. The above acts would impair the employee's rights
or privileges under existing labor laws;
RA 7877 Section 3. (a)

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WHEN IS SEXUAL HARASSMENT COMMITTED IN AN EDUCATION
OR TRAINING ENVIRONMENT?
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, granting of honors/scholarships, or the
payment allowance or other benefits, privileges, or
consideration;
4. When the sexual advances result in an intimidating,
hostile or offensive environment for the student, trainee
or apprentice.
RA 7877 Section 3. (b)
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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.

RA 7877 Section 3.

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Sexual harassment may take place:
1. in the premises of the workplace or office or of the school
or training institution;
2. in any place where the parties were found, as a result of
work or education or training responsibilities or relations;
3. at work or education- or training-related social functions;
4. while on official business outside the office or school or
training institution or during work or school or training-
related travel;
5. at official conferences or training sessions; or
6. by telephone, cellular phone, fax machine or electronic
mail.
Civil Service Commission (CSC),
Administrative Disciplinary
Rules on Sexual Harassment Cases.
attyjmp Resolution No. 01-0940, May 21, 2001
WHAT ARE THE FORMS OF SEXUAL
HARASSMENT?
1. Physical
a. Malicious touching
b. Overt sexual advances
c. Gestures with lewd insinuation
2. Verbal, such as but not limited to, requests or demands
for sexual favors, and lurid remarks
3. Use of objects, pictures or graphics, letters or written
notes with sexual underpinnings
4. Other forms analogous to the foregoing.
Civil Service Commission (CSC),
Administrative Disciplinary
Rules on Sexual Harassment Cases.
Resolution No. 01-0940, May 21, 2001
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OTHER FORMS OF SEXUAL HARASSMENT
(WOMEN DEVELOPMENT CODE OF DAVAO CITY)
persistent telling of offensive jokes, such as
green jokes or other analogous statements to
someone who finds them offensive or
humiliating
taunting a person with constant talk about
sex
displaying offensive or lewd pictures and
publications in the workplace
interrogating someone about sexual activities
or private life during interviews for employment,
scholarship grant, or any lawful activity applied
for
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making offensive hand or body gestures at someone
repeatedly asking for dates despite verbal rejection
staring or leering maliciously
touching, pinching, or brushing up against someones
body unnecessarily or deliberately
kissing or embracing someone against her will
requesting sexual favors in exchange for a good grade,
obtaining a good job or promotion, etc
cursing, whistling, or calling a woman in public with
words having dirty connotations or implications which
tend to ridicule, humiliate or embarrass the woman such
as puta (prostitute), boring, peste (pest), etc
(STREET HARRASMENT)
any other unnecessary acts during physical examinations
requiring women to wear suggestive or provocative
attire during interviews for job hiring, promotion, and
admission

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REMEDIES
ADMINISTRATIVE CASE
Appropriate government agency
Grievance if private entity
CIVIL CASE
Action for damages
CRIMINAL LAW
Revised Penal Code
Anti-Sexual Harassment Act

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PENALTY
SECTION 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.

RA 7877

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DUTY OF BRGY
SHOULD REFER THE VICTIM TO THE
APPROPRIATE AGENCY

CAN THE BRGY MEDIATE?

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