This document summarizes key provisions of two Philippine laws: [1] The Anti-Sexual Harassment Act of 1995 which defines sexual harassment and sets penalties for offenders in work, education, and training environments; and [2] The Safe Spaces Act of 2019 which further addresses gender-based sexual harassment in workplaces and outlines employer and employee duties and liabilities. The document also provides a definition of sexual harassment, lists those who can be offenders, and distinguishes casual acts from harassing conduct.
This document summarizes key provisions of two Philippine laws: [1] The Anti-Sexual Harassment Act of 1995 which defines sexual harassment and sets penalties for offenders in work, education, and training environments; and [2] The Safe Spaces Act of 2019 which further addresses gender-based sexual harassment in workplaces and outlines employer and employee duties and liabilities. The document also provides a definition of sexual harassment, lists those who can be offenders, and distinguishes casual acts from harassing conduct.
This document summarizes key provisions of two Philippine laws: [1] The Anti-Sexual Harassment Act of 1995 which defines sexual harassment and sets penalties for offenders in work, education, and training environments; and [2] The Safe Spaces Act of 2019 which further addresses gender-based sexual harassment in workplaces and outlines employer and employee duties and liabilities. The document also provides a definition of sexual harassment, lists those who can be offenders, and distinguishes casual acts from harassing conduct.
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