THE ANTI-

SEXUAL
HARASSMENT
ACT OF 1995
RA NO. 7877

Presented by:
ADOLFO M. DOROY
Sexual Harassment
 Isthe act of demanding or
requesting sexual favor, by a person
having authority or moral
ascendancy over another,
regardless of whether the demand
or request is accepted or not (sec
3)
Sexual Harassment
 Itis not about a man taking
advantage of a woman by reason
of sexual desire- it is about power
being exercised by a superior
officer over his women
subordinates. The power emanates
from the fact that the superior can
remove the subordinate from his
workplace if the latter would refuse
his amorous advances (Floralde v
CA, 337 SCRA 371)
Sexual Harassment
 The gravamen of the offense of
sexual harassment is not the
violation of sexuality but the abuse
of power by the superior (PAA v
NLRC, 331 SCRA 237)
 Tofall within the ambit of sexual
harassment, it is not necessary that the
demand, request or requirement for
sexual favor be articulated in categorical
oral or written statement- it may be
discerned , with equal certitude, from the
acts of the superior. It is not even essential
that the demand, request or requirement
be made as a condition for continued
employment or for promotion- it is enough
that the respondent’s acts result in
creating an intimidating, hostile or
offensive environment for the employee
(Domingo v Rayala, 546 SCRA 90)
Sexual harassment can be
committed in
A work-related environment or
 An education or training environment
Sexual Harassment in a work-
related environment
1.
Sexual favor is made as a condition for
hiring, re-employment, or continued
employment of an employee; or granting
favorable terms, conditions or privileges
Sexual Harassment in a work-
related environment
2.
When sexual advances impair the
employee’s rights or privileges under
existing labor laws; or result in an
intimidating, hostile or offensive
environment for the employee
Sexual Harassment in a work-
related environment
3.
When 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
(Sec 3a)
Sexual Harassment in work-
related environment
4.
The above acts would impair the
employee's rights or privileges under
existing labor laws; or

5.
The above acts would result in an
intimidating, hostile, or offensive
environment for the employee.
Sexual harassment in
education or training
environment
1.
The sexual favor is made as a condition for
giving of passing grade; granting of honors
and scholarships; or payment of benefits,
privileges or considerations
Sexual harassment in
education or training
environment
2.
The sexual advances result in an
intimidating, hostile or offensive
environment for the trainee or apprentice
(sec 3b)
Who can be victims of sexual
harassment?
 Employee or applicant for employment
 A person who is under the care, custody
and supervision of the offender
 A person whose education or training is
entrusted to the offender
Who may be liable for sexual
harassment?
 Employer, manager, supervisor, or agent
of the employer
 Teacher, instructor, professor, coach,
trainor
 Any person who has authority, influence
or moral ascendancy over another in a
work or training or education environment
 Any person who directs, induces, or
cooperates with another to commit any
act of sexual harassment
(sec 3)
SEXUAL HARASSMENT:
ELEMENTS
 1)The employer, employee, manager,
supervisor, agent of the employer,
teacher, instructor, professor, coach,
trainor, or any other person has authority,
influence or moral ascendancy over
another;
 2)
The authority, influence or moral
ascendancy exists in a working
environment;
 3)The employer, employee, manager,
supervisor, agent of the employer,
teacher, instructor, professor, coach, or
any other person having authority,
influence or moral ascendancy makes a
demand, request or requirement of a
sexual favor.
Obligations of Employer or
Head of educational/training
institution
 Create a committee on decorum and
investigation to handle cases on sexual
harassment
 Promulgate rules and regulations (proper
decorum, procedure for investigation and
administrative sanctions) jointly approved
by representatives of
employees/students/trainees
(sec 4)
Composition
 For
Work Environment- representatives
from management, rank and file,
supervisory employees and union, if any

 ForSchool or Training Ins- representatives

from administration,
trainers/teachers/instructors/professors/co
aches and students/trainees
Liability of employer,
educational or training
institutions
 Solidarilyliable for damages arising from
the acts of sexual harassment committed
if they do not take immediate action on
any sexual harassment that has been
reported to them by the offended party
(sec 5)
INDEPENDENT ACTIONS
 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.

 Administrative sanctions shall not be a

bar to prosecution in the proper courts for
unlawful acts of sexual harassment.
PENALTIES
 1-6 months imprisonment
 Fine ranging from 10T-20T
 Or both at the discretion of the court

 Prescription: 3 years
cases
 There is no sexual harassment if the parties
were not employed with the same
agency, hence it cannot be said that
respondent used his position to procure
sexual favors from complainant
(CSC vNierras, 545 SCRA 316)
 “Amere casual buss on the cheek is not a
sexual conduct or favor and does not fall
within the purview of sexual harassment
under R.A. No. 7877.” (Acosta case)
 The dismissal is valid and justified. As
managerial employee , X is bound
by a more exacting work ethics. He
failed to live up to this higher
standard of responsibility when he
succumbed to his moral perversity.
When such moral perversity is
perpetrated against his
subordinate, he provided a
justifiable ground for his dismissal for
lack of trust and confidence. It is
the right, nay, the duty of every
employer to protect its employees
from oversexed superiors. (Villarama
v NLRC, 236 SCRA 283)
(manager brought clerk to a motel)
 OIC Resma is guilty of sexual harassment
against 3 casual employees for
“dinadakma ang puwit ko at sinasabing
gustong-gusto niya”, “binangga ako at
dinakma ang puwit ko”, “dinakma ang
puwit kong papisilpisil”, “para na niya
akong yayakapin”, “niyakap at
hinawakan ang aking dibdib”,
“binantaan na hindi e-renew ang aking
appointment”
(Floralde vs CA, 337 SCRA 371)
 Plantmanager is guilty of sexual
harassment for touching the hands,
putting his arms around the shoulders,
running his fingers on the arms, and telling
the company nurse she is beautiful and
when the latter ignored and refused his
advances, he alienated her and when
confronted charged her with gross
disrespect (331 SCRA 237)
The act of the plant manager resulted in a
hostile or offensive working environment for
the nurse. Xxx. There is no time period within
which an employee is expected to
complain xxxx depends upon the
circumstances, needs and more
importantly the emotional threshold of the
employee.
 Yet, even if we were to test Rayala’s acts strictly by
the standards set in Section 3, RA 7877, he would
still be administratively liable. It is true that this
provision calls for a "demand, request or
requirement of a sexual favor." But it is not
necessary that the demand, request or requirement
of a sexual favor be articulated in a categorical
oral or written statement. It may be discerned, with
equal certitude, from the acts of the offender.
Holding and squeezing Domingo’s shoulders,
running his fingers across her neck and tickling her
ear, having inappropriate conversations with her,
giving her money allegedly for school expenses
with a promise of future privileges, and making
statements with unmistakable sexual overtones – all
these acts of Rayala resound with deafening clarity
the unspoken request for a sexual favor.(Rayala
case)
 Sexual harassment is an imposition of
misplaced "superiority" which is enough to
dampen an employee’s spirit and her
capacity for advancement. It affects her
sense of judgment; it changes her life.1
(Rayala case)
 Respondents acts of grabbing petitioner and
attempting to kiss her were, no doubt, intentional.
Worse, the incident occurred months after he had
made similar but subtler overtures to De la Cruz,
who made it clear that his sexual advances were
not welcome. Considering that the acts
respondent committed against petitioner were
much more aggressive, it was impossible that the
offensive nature of his actions could have escaped
him. It does not appear that petitioner and
respondent were carrying on an amorous
relationship that might have justified his attempt to
kiss petitioner while they were separated from their
companions. Worse, as petitioner and respondent
were both married (to other persons), respondent
not only took his marital status lightly, he also
ignored petitioners married state, and good
character and reputation. (Dismissed assessor)
A teacher who perverts his position by
sexually harassing a student (fondling the
breasts of young girls) should not be
allowed, under any circumstance, to
practice this noble profession. So it must
be here. (Bacsin vs Wahiman)
What if the victim is
a minor?
In addition to sexual harassment case, Child
Abuse may be filed against the offender
under RA 7610.
 Sexual Intercourse or Lascivious
Conduct with CEPOSA (Sec. 5b)
b. Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse:
Provided, That when the victim is under twelve (12)
years of age, the perpetrators shall be prosecuted
under Article 335, paragraph 3, for rape and Article
336 of Act No. 3815, as amended, the Revised
Penal Code, for rape or lascivious conduct as the
case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve
(12) years of age shall be reclusion temporal in its
medium period;
 cases
 Teacher who have carnal knowledge or
have committed lascivious conduct with
his/her minor student
 This is also applicable to coaches with
trainees as victims
 Parents, grandparents, guardians etc who
have carnal knowledge have committed
lascivious conduct with their children,
grandchildren, ward etc..
 Punishable by 20 years
THANK YOU FOR
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