Sexual Harassment

Republic Act No.
7877
The Anti Sexual Harassment Law
(February 14, 1995)
Sexual Harassment is Abuse of Power
SEXUAL HARASSMENT in work, education or

training- environment is committed when an
employer, teacher, or any person who has
authority, influence or moral ascendancy over
another (a) demands, (b) requests or (c) requires
any sexual favor from the latter, regardless of
whether the demand, request or requirement
for submission is accepted by the object of said
act. (Section 3 of RA 7877)
Four points to consider
1. WET
2. AIM
3. DRR
4. HOI
Sexual Harassment
W
E
T
Sexual Harassment
W Work
E Education
T Training
Sexual Harassment
A
I
M
Sexual Harassment
A Authority
I Influence
M Moral
Ascendancy
Sexual Harassment
D
R
R
Sexual Harassment
D Demand
R Require
R Request
The gravamen of RA 7877 or the
Anti SH Act is not the violation of
one’s sexuality but the abuse of
power by the violator. (PAAUC vs.
NLRC)
Sexual favor need not be explicit. It
need not be articulated in an oral
or written statement.
Sexual Harassment is committed
regardless of whether the demand,
request or requirement for
submission is accepted by the
object of said act.
Sexual Harassment
H
O
I
Sexual Harassment
H Hostile
O Offensive
I Intimidating
Penalties
Any person who violates the provisions of this law 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.
Any action arising from the violation of the provisions of this

law shall prescribe in three years.
Escandor vs. People, July 6, 2020
Sexual harassment engenders three-fold liability:
• criminal, to address the wrong committed
against society itself;
• civil, to address the private wrong against the
offended party; and
• administrative, to protect the public service.
Toliongco vs. Court of Appeals, July 8, 2020
• To restate, sexual harassment can

happen to anyone and everyone.
• Our society has often depicted women as
being the weaker sex, and the only victims of
sexual harassment.
• It is high-time that this notion is corrected.
Safe Spaces Act - R.A. 11313
(April 17, 2019)
1st Degree Offenses - Sec. 11a, R.A. 11313
• Cursing
• Catcalling
• Wolf-whistling
• Leering and intrusive gazing
• Taunting, unwanted invitations
• Misogynistic, transphobic, homophobic and sexist slurs
• Persistent and unwanted comments on one's
appearance
• Relentless requests for personal details such as names,
contact, and social media details, or destination
• Use of words, gestures, or actions that ridicule
on the basis of sex, gender or sexual orientation;
identity and/or expression including sexist
homophobic, transphobic statements and slurs
• Persistent telling of sexual jokes
• Use of sexual names, comments, and demands
• Any statement that has made an invasion on a
person's personal space or threatens the
person's sense of personal safety
Penalties for 1st Degree Offenses
• 1st Offense - P1,000.00 fine and 12 hours
community service with gender sensitivity
seminar with PNP
• 2nd Offense - 6 - 10 days imprisonment or fine
of P3,000.00
• 3rd Offense - arresto menor (11 - 30 days) and
fine of P10,000.00)
2nd Degree Offenses - Sec. 11b, R.A. 11313
• Making offensive body gestures at someone

• Exposing private parts or flashing of private
parts
• Public masturbation
• Groping and other similar lewd sexual actions
Penalties for 2nd Degree Offenses
• 1st Offense - P10,000.00 fine and 12 hours
community service with gender sensitivity
seminar with PNP
• 2nd Offense - arresto menor (11- 30 days) and
fine of P15,000.00)
• 3rd Offense - arresto mayor (1 month and 1
day to 6 months) and fine of P20,000.00
3rd Degree Offenses - Sec. 11c, R.A. 11313
• Stalking
• Acts mentioned in paragraphs a & b when
accompanied by touching, pinching or
brushing against the body of offended person
• Touching, pinching or brushing against the
genitalia, face, arms, anus, groin, breasts,
inner thigh, face, buttocks, or any of the
victim's body parts
Penalties for 3rd Degree Offenses
• 1st Offense - arresto menor (11-30 days) or
fine of P30,000.00with gender sensitivity
seminar with
PNP
• 2nd Offense - arresto mayor 1 month and 1
day to 6 months) and fine of
P50,000.00
• 3rd Offense - arresto mayor in its maximum or
fine of P100,000.00
Gender - Based Online Sexual Harassment
• Acts that use ICT in terrorizing victims through

physical, psychological, and emotional threats
• unwanted sexual,
misogynistic, transphobic, homophobic and
sexists remarks and comments online
• invasion of victims privacy thru cyberstalking,
incessant messaging, uploading and sharing
any of the victim's photos, videos, or any info
online
Penalties for Gender - Based Online
Sexual Harassment
• Prision correccional in its medium period and
a fine of P100,000.00 to P500,000.00 or both
at the discretion of the court.
Duties of Employers (Sec. 17)
• Employers and other persons of authority,
influence or moral ascendancy in a workplace
• shall have the duty to prevent, deter, or
punish the performance of acts of gender-
based sexual harassment in the workplace.
Liabilities of Employers (Sec. 19)
• Employers may be held liable for non-
implementation of their duties under
Sec. 17.
• Fine P5,000 -P15,000
R. A. 9995 –
The Anti-Photo and Video
Voyeurism Act of 2009
Prohibited Acts - Section 4
(a) To take photo or video coverage of a person or
group of persons
• performing sexual act or any similar activity or
• to capture an image of the private area of a
person/s such as the naked or undergarment clad
genitals, pubic area, buttocks or female breast
• without the consent of the person/s involved
and under circumstances in which the person/s
has/have a reasonable expectation of privacy;
• (b) To copy or reproduce, or to cause to be
copied or reproduced, such photo or video or
recording of sexual act or any similar activity
with or without consideration;
• (c) To sell or distribute, or cause to be sold or
distributed, such photo or video or recording
of sexual act, whether it be the original copy
or reproduction thereof;
• (d) To publish or broadcast, or cause to be
published or broadcast, whether in print or
broadcast media, or show or exhibit the photo
or video coverage or recordings of such sexual
act or any similar activity through VCD/DVD,
internet, cellular phones and other similar
means or device.
Penalties - Section 5, RA 9995
• imprisonment of not less that three (3) years
but not more than seven (7) years and
• fine of not less than One hundred thousand
pesos (P100,000.00) but not more than Five
hundred thousand pesos (P500,000.00), or
both, at the discretion of the court.
END

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Republic Act No.

SEXUAL HARASSMENT in work, education or

Any action arising from the violation of the provisions of this

• To restate, sexual harassment can

• Making offensive body gestures at someone

• Acts that use ICT in terrorizing victims through

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