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Republic Act 7877

“ “ANTI-SEXUAL HARASSMENT ACT OF 1995”

Republic Act 11313


“SAFE SPACES ACT OF 2019”

Prepared by:

Atty. Mae Jean A. Pedro


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.
ANTI-SEXUAL HARASSMENT ACT OF 1995

Elements of the crime of sexual harassment:


1. That the offender has authority,
influence or moral ascendancy over the
victim in a work, education or training
(WET) environment; and

2. That the offender demands, requests or


otherwise requires any sexual favor from
the victim.
It can be committed by the following:
1. Employer;
2. Employee;
3. Manager;
4. Supervisor;
5. Agent of the employer;
6. Teacher;
7. Instructor;
8. Professor;
9. Coach;
10. Trainor;

11. Any person, who has authority, influence or moral


ascendancy over the victim.
The gravamen of the offense is not the violation of
the victim’s sexuality but the abuse of power of
the offender.

A mere casual buss on the cheek is not a sexual


conduct or favor and does not fall within the
purview of sexual harassment under RA 7877.
EMPLOYMENT ENVIRONMENT:
1. The sexual favor is made as a condition in the hiring or in
the employment, re-employment 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;

2. The demand, request or requirement for sexual favors


would impair the employee’s right or privileges under existing
laws; and

3. The demand, request or requirement for sexual favors


would result in an intimidating, hostile, or offensive
environment for the employee.
EDUCATION AND TRAINING ENVIRONMENT:

1. The victim is under the care, custody or supervision of


the offender;

2. The education, training apprenticeship or tutorship of


the victim is entrusted to the offender;

3. 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

4. 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.
REPUBLIC ACT 11313
"SAFE SPACES ACT OF 2019"

Sec. 16: Gender-Based Sexual Harassment in the Workplace


Sec. 17: Duties of the Employer
Sec. 18: Duties of Employees and Co-workers
Sec. 19: Liabilities of the Employer
END

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