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r. a" A.

n t i - S7877
exual
Harassment Act
o f 1995"
JOFRED M.
MARTINEZ, MAN, RN
The Teaching
Profession
Section 1

r. a . 7877
"Anti-Sexual Harassment
A A c t o f 1995"
ACT DECLARING SEXUAL I
N HARASSMENT UNLAWFUL N
THE EMPLOYMENT,
EDUCATION OR TRAINING
ENVIRONMENT, AND FOR
R.A. 7877 “Anti-Sexual
Section 2

Declaratio

r. a . 7877
n o the
The State shall value f dignity of every
individual, enhance
the developmentp oofl iitc human
y 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.
Towards this end, all forms of sexual
R.A. 7877 “Anti-Sexual
S e c t i o n 3 Wo r k , E d u c a t i o n or

Training-related Sexual

Harassment

R.A. 7877 “Anti-Sexual


Wo r k r e l a t e d s e x u a l

h a r a s s m e n t
 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,
conditions, promotions, or privileges; or the
refusal to grant the sexual favor results in
limiting, segregating or classifying the
employee which in a way would discriminate,
deprive or diminish employmentR.A. 7opportunities
877 “Anti-Sexual
Wo r k r e l a t e d s e x u a l

harassment
 The above acts would impair right or
the employee’s s
 privileges
The above under existing
acts would laborin an
result
laws; or
hostil oroffensi
intimidating, environm fo th employe
e, ve ent r e e.

R.A. 7877 “Anti-Sexual


Education/training related
sexual harassment
 Against one who is under the care, custody
or supervision
 of the offender;
Against one whose education, training,
 apprenticeship or a
tutorship is entrusted to the offender;
When the sexual favor is made a condition
to the giving of passing grade, or the
granting of honors and scholarships, or the
R.A. 7877 “Anti-Sexual
Education/training related
sexual harassment
 When the sexual advances result in an hostil
intimidating, e
or offensive environment for the student,
trainee or
Any person who directs or induces another to
apprentice.
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
R.A. 7877 “Anti-Sexual
sexual harassment
may t a k e p l a c e
 in the premises of the workplace or th scho
office or of e ol
 or training institution; result
in anyorplace
work where the
education parties were
or training responsibilities
of
 found
or as a
relations;
 at work or education or training-related
social functions;
while on official business outside the office
or school or training institution or during
sexual harassment
may t a k e p l a c e
 at official conferences, fora, symposia session
or training s;
 or
by cellul phonefa machi orelectron
telephone, ar , x ne ic
mail

Civil Service Commission


Resolution No. 01-0940
I l sl ue sx tur aa lt i v e f o r m s o f
harassment
PHYSICAL
 Malicious
 Touching;
 Overt sexual
Gestures with lewd
advances;
insinuation.
Ve r b a l
 requests or demands for favor
 sexual s;
lurid remarks Civil Service Commission
Resolution No. 01-0940
Illustrative forms of
sexual harassment

others
 Use of objects, pictures or or
graphics,
writi noteletters
wit sexu underpinnin
ng s h al gs.

Civil Service Commission


Resolution No. 01-0940
classification of
sexual harassment

Grave offenses
1. unwanted touching of o th bod
private parts
(genitalia, buttocksbreast f e y
2. and );
3. sexual assault;
malicious
touching;
Civil Service Commission
Resolution No. 01-0940
classification of
sexual harassment

Grave offenses
4. requesting for sexual favor in
exchange for
employment, promotion, local or
foreign travels, favorable working
conditions or assignments, a passing
grade, the granting of honors or
5. other
scholarship,
analogous
or the grantCivil
ofService
benefits
Commission
Resolution No. 01-0940
classification of
sexual harassment
Less Grave offenses
1. unwanted touchingorbrushingagainsta
victim’s
2. body;
3. pinching not falling under grave offenses;
derogatory or degrading remarks or
innuendoes directedtowardthemembers
ofonesex,orone’s sexual orientation or
classification of
sexual harassment

Less Grave offenses


4. verbal abuse with overtone an
5. sexual
othe analogo case s; d
r us s.

Civil Service Commission


Resolution No. 01-0940
classification of
sexual harassment
Light o f f e n s e s
1. surreptitiously lookingorstaringalookofaperson’s
private part or worn undergarments;
2. telling sexist/smutty jokes or sending these
through text, electronic mail or other similar
means, causing embarrassment or offense and
carried out after the offender has been
advised that they are offensive or
embarrassing or, even without such advise,
when they are by their nature clearly
classification of
sexual harassment
Light o f f e n s e s
3. malicious leering or
4. ogling; pictures,
the display of sexually materials
5. offensive
unwelco inquiriesorcommentsabouta
or
megraffiti;person’s
6. sex life; sexual flirtation,
unwelco
propositioadvances, Civil Service Commission
Resolution No. 01-0940
classification of
sexual harassment

Light o f f e n s e s
7. making offensive hand or body gestures at an
8. employee;
9. persistent unwanted
attention with sexual
overtones; unwelcome
10 phone calls with
. sexual overtones
Section 4
Duties of t h e Employer
Promulgate appropriate rules and regulations
in consultation
with the jointly approved by the employees or
students or trainees, through their duly
designated representatives, prescribing the
procedure for the investigation or sexual
harassment cases and the administrative
sanctions therefor.
Administrative sanctions shall not be a bar to
R.A. 7877 “Anti-Sexual
Duty o f t h e Employer
 Create a committee on decorum and
investigation of cases
on sexual harassment. The committee shall
conduct meetings, as the case may be, with
other officers and employees, teachers,
instructors, professors, coaches trainers and
students or trainees to increase understanding
and prevent incidents of sexual harassment.
It shall also conduct the investigation of the
alleged cases constituting sexual harassment.
R.A. 7877 “Anti-Sexual
Contents of the complaint
1. The full name and address of the
2. complainant;
The full name, and position of
address, the
3. respondent; relevant
4. A brief statement facts;
Evidence, in support of the if
of the
5. complainant, any;
A certification of non-forum
Civil Service Commission
shopping. Resolution No. 01-0940
Section 5

liabilities
The employer or head of office, trainin
institution shall be solitarily liableg for
educational
damage 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
R.A. 78 no
77 “Anti-Sexual
Section 6
independent action
for
d a m a
Nothing in this Act shall preclude the
victim of work,
ges
educationa or
instituting training-related
separate independentsexualfo
and harassment from
action r
damages and affirmative
other relief.
R.A. 7877 “Anti-Sexual
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.
R.A. 7877 “Anti-Sexual
Section 8
separability c l a u s e
I any portion or provision of this
f Act is declared
void andorunconstitutional,
portions the be
provisions hereof
remaining
shall not
affected by such
declaration.
R.A. 7877 “Anti-Sexual
Section 9
repealing c l a u s e
All laws, decrees, orders, rules and
regulations,
th other issuances,
provisions of thisor Act
parts thereof
repeale or
inconsistent with d
e are hereby
modified
accordingly.
R.A. 7877 “Anti-Sexual
Section 9
effectivity clause
This Act shall take effect fifteen (15)
days
complete
after its in at least two (2)
publication
newspap o gener
nationalcirculati
er f al on.

R.A. 7877 “Anti-Sexual


case digest
G.R. No.
146053
DIOSCORO F.
BACSIN, petitioner,
vs. EDUARDO O.
WAHIMAN, respondent.
Petitioner is a public school
teacher of Pandan Elementary
School, Pandan, Mambajao,
c a sFACTS
e d i OF
gest
THE CASE
AAA claimed that on August 16, 1995,
petitioner asked her to be at his office to do an
errand. Once inside, she saw him get a folder
from one of the cartons on the floor near his
table, and place it on his table. He then asked
her to come closer, and when she did, held her
hand, then touched and fondled her breast. She
stated that he fondled her breast five times, and
that she felt afraid. A classmate of hers,
case digest
FACTS OF THE CASE
Petitioner was charged with
Misconduct in a Formal Charge dated
February 12, 1996 by Regional Director
Vivencio N. Muego, Jr. of the CSC.
In his defense, petitioner claimed that
the touching a
incident happened
lesson book. by accident,
He further just the
stated that as he
was handing
incident AAA in
happened
about two or three seconds, and that the girl
left his office
cRESOLUTION
a s e d i g e sOF
t THE CSC
In Resolution No. 98-0521 dated March CS
11, 1998, the found petitioner guilty of Grave C
Misconduct (Acts of Sexual Harassment), and
dismissed him from the service.
Specifically, the CSC found the in
Sec. 3petitioner to have
of Republic Act No. (RA) 7877, the Anti-
Sexualcommitted
Harassmentan act
Act constituting sexual
harassment,
of 1995. as defined
Petitioner filed a motion for reconsideration,
case digest
RESOLUTION OF THE CSC
Petitioner was charged with
Misconduct in a Formal Charge dated
February 12, 1996 by Regional Director
Vivencio N. Muego, Jr. of the CSC.
In his defense, petitioner claimed that
the touching a
incident happened
lesson book. by accident,
He further just the
stated that as he
was handing
incident AAA in
happened
about two or three seconds, and that the girl
left his office
THANK YOU
VERY MUCH!
quiz
TRUE OR
1. FALSE work site and
Sexual harassment can occur still
outside the
2. Sexual harassment is not limited to physical
be considered work related.
contact. It can
occur any time that an individual is
3. uncomfortable with
anotherperson’sapproaches,commentsor
discussions.
Friendly flirting is not sexual harassment
quiz
TRUE OR
4. FALSE harassment,
In orderhas
victim fortoitbe
to of
bethe opposite
thesex of the
determined
harasser. sexual
5.
Terms of endearment with co-workers, i.e.
"honey," "dear" are considered verbal abuse
and charges can be brought up against the
employee.
quiz
ESS
AY you
As a future
learning environment that
ensure
is free
a
educator, how
fromcan
acts of
sexual
harassment?

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