National Service Training Service

Civic Welfare Training Service

Cebu City
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At the end of this module, the students should be able to:
1. Know the legal provisions relating to sexual
harassment under RA 7877 otherwise known
as the “Anti-Sexual Harassment Act of 1995” in the
Philippines.
2. Internalize the essence of this law
and apply its relevance when the
need arises.
3. Actively share the learning and possible
gains of this law to others who may need
advises in relation to this matter.
At the end of this module, the students should be
able to:
4. Monitor, regulate and set
certain rules or parameters in school activities
and programs to be implemented as well the
workplace, education and training ethics be
applied to avoid any forms of sexual harassment.
 AN ACT DECLARING SEXUAL HARASSMENT
UNLAWFUL IN THE EMPLOYMENT, EDUCATION
OR TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES
 This Act shall be known as the
“Anti-Sexual Harassment Act of 1995.”
 Senate shall value:
•the dignity of every individual,
•enhance human development resources,
•guarantee full respect for human rights, and
•uphold the dignity of workers, employees,
applicants for employment, students or those
undergoing training, instructions or education.
 Towards this end, all forms of sexual harassment
in the employment, education or training
environment are hereby declared unlawful.
 Committed by an employer,
employee, manager,
supervisor, agent of the
employer, teacher, instructor,
professor, coach, trainer, or
any other person who, having
authority, influence or moral
ascendancy over another in a
work or training or education
environment,
 Demands, requests or
otherwise requires any sexual
favor from the other regardless
of whether the demand,
request or requirements for
submission is accepted by the
object of said Act.
(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, conditions, promotions, or privileges, or the
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;
(2) The above acts would impair the employee’s
rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating,
hostile or offensive environment for the
employee.
(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, or
the granting of honors and
scholarships, or the payment
of a stipend, allowance or
other benefits, privileges or
considerations, or
(4) When the sexual
advances result in an
intimidating, hostile or
offensive environment for the
student, trainee or
apprentice.
 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.
It shall be the duty of the
employer or the head of the
work-related, educational or
training environment or
institution, to prevent or deter
the commission of acts of
sexual harassment and to
provide the procedures for the
resolution, settlement or
prosecution of acts of sexual
harassment.
Towards this end, the employer
or head of office shall:
(a)Promulgate appropriate rules
and regulations in
consultation with and jointly
approved by the employees or
students or trainees, through
their duly designated
representatives, prescribing
the procedure for the
investigation of sexual
harassment cases and the…
administrative sanctions shall not be
a bar to prosecution in the proper
courts for unlawful acts of sexual
harassment.
The said rules and regulations
issued pursuant to this sub-section
(a) shall include, among others,
guidelines on proper decorum in
the workplace and educational or
training institutions.
(b) Create a committee on
decorum and investigation of
cases on sexual harassment. The
committee shall conduct
meetings, as the case may be,
with officers and employees,
teachers, instructors, professors,
coaches, trainors and students or
trainees to increase
understanding and prevent
incidents of sexual…
 harassment. It shall also conduct
the investigation of alleged cases
constituting sexual harassment.
In the case of a work-related
environment, the committee
shall be composed of:
 at least one (1) representative each
from the management, the union,
if any, the employees from the
supervisory rank, and from the
rank and file employees.
In the case of the
educational or training
institution, the committee shall
be composed of:
 at least one (1) representative
from the administration, the
trainor, teachers, instructors,
professors or coaches and
students or trainees, as the case
may be.
In the case of the
educational or training
institution, the committee shall
be composed of:
 The employer or head of office,
educational or training institution
shall disseminate or post a copy
of this Act for the information of
all concerned.
The employee or head
of office, educational or
training institution, shall be
solidarily liable for damages 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 is informed
of such acts by the offended party
and no immediate action is taken
thereon.
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.
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) not
more than Twenty Thousand Pesos (P20,000),
Any person who violates the
provisions of this Act shall, upon
conviction, be penalized by:
 or both such fine and imprisonment at the
discretion of the court.
 Any action arising from the violation of the
provisions of this Act shall prescribe in three (3)
years.
If any portion or provision of this Act is declared
void or unconstitutional, the remaining portions
or provisions hereof shall not be affected by such
declaration.
All laws, decrees, orders, rules and regulations,
other issuances, or parts thereof inconsistent
with the provisions of this Act are hereby
repealed or modified accordingly.
This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national
newspapers of general circulation.
Approved: February 14, 1995
Sexual Harassment is a problem that many,
particularly women, had to deal with since time
immemorial although we did not have a name on it.
 2) Race-related sexual aggression was
usually associated with the possession of legal and
property rights of slave-owners over their slaves.
 In Villarama vs. NLRC, which was decided by the
Supreme Court before September 1, 1994 (that is,
before the enactment of RA 7877), the court already
made references to sexual harassment as a valid
cause for dismissal, declaring- “sexual harassment
abounds in all sick societies. It is reprehensible
enough but more so when inflicted by those with
moral ascendancy over their victims. We rule that it
is a valid cause of separation from
services.”
 “x x x as a managerial employee, petitioner 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 is perpetrated
against his subordinate, he provides a justifiable
ground for his dismissal for lack of trust and
confidence. It is the right and the duty of every
employer to protect it’s employees from over-
sexed superiors.”
In the case of Yolanda Floralde et al. vs. CA, the
Supreme Court categorically stated that sexual
harassment in the work place is 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 woman 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.
it refers to “any remark, request, invitation, gesture, or
other verbal or physical behavior which is: (1) sexual in
nature, or has sexual undertones; (2) unwelcome to the
person to whom it is directed.
1) The behavior is unwanted or unwelcome;
2) The behavior is sexual or related to the gender
of the person;
3) The behavior occurs in the context of a
relationship where one person has more formal
power than the other
I. FORMS
sexual harassment can be
(a) visual;(b) verbal; (c) physical;
and (d) gestural.
II. TYPES
a. Quid pro quo sexual harassment
happens when the harasser demands sexual favors as a
condition for hiring or promoting, or in the academic
environment, as a condition for passing the exam or
the subject (kuwarto o kwatro).
 It also includes threats of retaliation if the
harasser does not get what he wants.
b. Hostile work environment
- there is no need for an explicit or implicit
promise of benefit or threat of harm if the victim
refuses to submit to the harasser’s demands.
-It is sufficient that the unwelcome sexual
conduct creates an “offensive, hostile, oppressive and
intimidating work environment” even if there is no
economic consequences.
c. Bystander harassment
- is also another form. Even if complainant is not
directly the victim, the fact that SH is pervasive in
school, there may still be hostile environment, should
the sexually harassing conduct permeate her
immediate environment and she witnessed it
personally.
d. Sexual favoritism
- it occurs when a student
or employee receives benefits as a
result of his/her submission to
sexual advances or requests for
sexual favors. The victims or the
harassment may be the other
students/employees who are
treated unfairly because they are
not objects of the romantic
interest of a supervisor.
1.) Sexual innuendos, comments,
or bantering;
2.) Asking or commenting about
a person’s sexuality;
3.) Humor or jokes about sex or
females in general;
4.) Persistent sexual attention,
especially when it continues
after a clear indication that
it is unwanted;
5.) Asking for sexual behavior;
6.) Touching a person,
including patting, pinching,
stroking, squeezing, hugging or
brushing against his or her body;
7.) Touching or grabbing a
person’s breasts, crotch, or
buttocks;
8.) Giving a neck or shoulder
massage with malicious intent or
giving “extra service”;
9.) Leering or ogling, such as
“elevator eyes” or staring at
a woman’s breast or body;
10.) Spreading rumors about a
person’s sexual activities;
11.) Calling men and women
names such as “hot stuff,” “cutie
pie,” “bitch,” “whore,” or “slut”,
toy boy, macho papa; call boy.
12.) Making obscene or
sexually suggestive gestures or
sexual sounds such as sucking
or kissing noises;
13.) Sexual graffiti in general
or about a particular person;
14.) Using sexual ridicule to
denigrate or insult a person;
15.) Sending sexual mail,
notes, e-mail, or making
sexually explicit phone calls;
16.) Sending, giving, showing,
or displaying sexual materials,
including pornography, sexual
pictures, cartoons and
calendars;
17.) Laughing at or not
taking seriously someone
who experiences sexual
harassment;
18.) Blaming the victim for
sexual harassment for having
caused it;
19.) Making denigrating,
sexist remarks about women
in general or about a
particular woman;
20.) Stalking a
person either on or
off campus;
21.) Direct or
indirect threats or
bribes for sexual
activity; and
22.) Attempted or
actual sexual
assault or abuse.
1.) Shouting obscenities at men or
women as they pass a fraternity
house or other place where men
gather;
2.) Loudly discussing a man or
woman’s sexual attributes and
rating his or her attractiveness, a
practice called “scoping”;
3.) Mooning women, whereby
men aggressively expose their
buttocks;
4.) Pulling down men or women’s
shorts or pants;
5.) Creating a sexually demeaning
atmosphere, such as displaying
posters and pictures that are sexist
or otherwise demeaning to
women, or having social events
focusing on women’s sexuality,
such as wet T-shirt contests
(Sinulog Events);
6.) Showing petty hostility to
women by throwing things,
pouring drinks over women’s
heads or on their breast, heckling
women when they enter a room,
or making sexual remarks;
7.) Body passing at stadiums;
8.) Biting a woman (“sharking”);
and
9.) Threatening rape or other sexual abuse
Adopt the “Reasonable Man or
Woman standard” to determine
whether a conduct is unwelcome and
sufficiently pervasive to amount to sexual
harassment. Less revealing
clothing may protect you against self-
objectification and sexual harassment.