R.A. No. 7877 - Anti-Sexual Harassment Act of 1995

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R.A. No. 7877 – Anti-Sexual


Harassment Act of 1995
by Ameena | Jan 26, 2022

RA No. 7877 – Anti-Sexual Harassment Act of 1995

What is sexual harassment in work, education or


training-related sexual harassment?

Sexual harassment in work, education or training-related


sexual harassment is committed when an employer, teacher,
or any person who has authority, influence or moral
ascendancy over another (a) demands, (b) requests or (c)
otherwise 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.

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Who may commit work, education, or training-related
sexual harassment?

It may be committed by the following:

1. Employer
2. Employee
3. Manager or supervisor
4. Agent of the employer
5. Teacher, instructor, or professor
6. Coach or trainor
7. Any other person who has authority, influence or moral
ascendancy over another in a work or training or education
environment
8. Any person who directs or induces another to commit any
act of sexual harassment 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

How is work-related or employment environment sexual


harassment committed?

Work-related or employment environment sexual


harassment is committed by the concurrence of the
following:

The sexual favor is made as a condition in the (a) hiring or


in the employment, re-employment or continued
employment of individual, or (b) 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;

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The above acts would impair the employee’s rights or
privileges under existing labor laws; or
The above acts would result in an intimidating, hostile, or
offensive environment for the employee.

Workplace sexual harassment occurs when a supervisor, or


agent of an employer, or any other person who has authority
over another in a work environment, imposes sexual favors
on another, which creates in an intimidating, hostile, or
offensive environment for the latter (LBC Express v. Palco,
G.R. No. 217101, February 12, 2020).

How is sexual harassment in education or training


environment committed?

Sexual harassment in education or training environment is


committed by the presence of any of the following:

The sexual harassment is committed against one who is


under the care, custody or supervision of the offender;
The sexual harassment is committed against one whose
education, training, apprenticeship or tutorship is
entrusted to the offender;
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
When the sexual advances result in an intimidating, hostile
or offensive environment for the student, trainee or
apprentice.

What is the gravamen or gist of sexual harassment?

The gravamen of the offense in sexual harassment is not the


violation of the employee’s sexuality but the abuse of power
by the employer. (Phil. Aeolus Auto-Motive United Corp. v.
National Labor Relations Commission, 387 Phil. 250, 264 (2000))
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11/21/22, 4:59 PM R.A. No. 7877 – Anti-Sexual Harassment Act of 1995 | sarimanoklawclinic.com

What is the liability of the employer, head of office,


educational or training institution?
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The employer 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 institution is informed of such
acts by the offended party and no immediate action is taken
thereon.

What are the duties of the employer or head of office in a


work-related, education or training environment in the
enforcement of this Act?

RA 7877 mandates that the employer or the head of the


work-related, educational or training environment or
institution duties in ensuring the enforcement of this Act, to
wit:

1. They must provide the procedures for the resolution,


settlement or prosecution of acts of sexual harassment.
2. The employer must create a committee on decorum and
investigation of cases on sexual harassment.
3. 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.

What is the penalty or sanction of a person guilty of


sexual harassment as defined in RA 7877?

A person found guilty of sexual harassment shall 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.
English
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11/21/22, 4:59 PM R.A. No. 7877 – Anti-Sexual Harassment Act of 1995 | sarimanoklawclinic.com

May damages resulting from sexual harassment may be


separately and independently instituted? a
Yes. Sec. 6, RA 7877 provides that 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.

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