r.a.

7877
"Anti-Sexual
Harassment Act
of 1995"

JOFRED M. MARTINEZ, MAN, RN

The Teaching Profession
Educ 204
 Section 1
r.a. 7877
"Anti-Sexual Harassment
Act of 1995"
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN
THE EMPLOYMENT, EDUCATION OR TRAINING
ENVIRONMENT, AND FOR OTHER PURPOSES

R.A. 7877 Anti-Sexual Harassment Act of 1995

 Section 2
Declaration of policy
r.a. 7877
The State shall value the dignity of every individual, enhance
the development of it 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. Towards this end,
all forms of sexual harassment in the employment, education or
training environment are hereby declared unlawful.
R.A. 7877 Anti-Sexual Harassment Act of 1995
Section 3 Work, Education or
Training-related Sexual
Harassment

R.A. 7877 Anti-Sexual Harassment Act of 1995

 Work related sexual
harassment

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

the employment, reemployment 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 a way
would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee;

R.A. 7877 Anti-Sexual Harassment Act of 1995

 Work related sexual
harassment

The above acts would impair the employees rights or

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

R.A. 7877 Anti-Sexual Harassment Act of 1995

Education/training related
sexual harassment

Against one who is under the care, custody or supervision

of the offender;
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
R.A. 7877 Anti-Sexual Harassment Act of 1995
Education/training related
sexual harassment

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.

R.A. 7877 Anti-Sexual Harassment Act of 1995

 sexual harassment
may take place
in the premises of the workplace or office or of the school
or training institution;
in any place where the parties were found as a result of
work or education or training responsibilities or relations;
at work or education or training-related social functions;
while on official business outside the office or school or
training institution or during work or school or training-
related travel;
Civil Service Commission Resolution No. 01-0940
Administrative Disciplinary Rules on Sexual Harassment Cases
 sexual harassment
may take place

at official conferences, fora, symposia or training sessions;

or
by telephone, cellular phone, fax machine or electronic
mail

Civil Service Commission Resolution No. 01-0940

Administrative Disciplinary Rules on Sexual Harassment Case
 Illustrative forms of
sexual harassment
PHYSICAL
Malicious Touching;
Overt sexual advances;
Gestures with lewd insinuation.
Verbal
requests or demands for sexual favors;
lurid remarks
Civil Service Commission Resolution No. 01-0940
Administrative Disciplinary Rules on Sexual Harassment Cases
 Illustrative forms of
sexual harassment
others
Use of objects, pictures or graphics, letters or
writing notes with sexual underpinnings.

Civil Service Commission Resolution No. 01-0940

Administrative Disciplinary Rules on Sexual Harassment Cases
 classification of
sexual harassment

Grave offenses
1. unwanted touching of private parts of the body
(genitalia, buttocks and breast);
2. sexual assault;
3. malicious touching;

Civil Service Commission Resolution No. 01-0940

Administrative Disciplinary Rules on Sexual Harassment Cases
 classification of
sexual harassment
Grave offenses
4. requesting for sexual favor in exchange for
employment, promotion, local or foreign travels,
favorable working conditions or assignments, a
passing grade, the granting of honors or
scholarship, or the grant of benefits or payment
of a stipend or allowance, and
5. other analogous cases. Civil Service Commission Resolution No. 01-0940
Administrative Disciplinary Rules on Sexual Harassment Cases
 classification of
sexual harassment
Less Grave offenses
1. unwanted touching or brushing against a victims
body;
2. pinching not falling under grave offenses;
3. derogatory or degrading remarks or innuendoes
directed toward the members of one sex, or ones
sexual orientation or used to describe a person;
Civil Service Commission Resolution No. 01-0940
Administrative Disciplinary Rules on Sexual Harassment Cases
 classification of
sexual harassment

Less Grave offenses

4. verbal abuse with sexual overtones; and
5. other analogous cases.

Civil Service Commission Resolution No. 01-0940

Administrative Disciplinary Rules on Sexual Harassment Cases
 classification of
sexual harassment
Light offenses
1. surreptitiously looking or staring a look of a persons
private part or worn undergarments;
2. telling sexist/smutty jokes or sending these through text,
electronic mail or other similar means, causing
embarrassment or offense and carried out after the
offender has been advised that they are offensive or
embarrassing or, even without such advise, when they are
by their nature clearly embarrassing, offensive or vulgar;
Civil Service Commission Resolution No. 01-0940
Administrative Disciplinary Rules on Sexual Harassment Cases
 classification of
sexual harassment
Light offenses
3. malicious leering or ogling;
4. the display of sexually offensive pictures, materials
or graffiti;
5. unwelcome inquiries or comments about a persons
sex life;
6. unwelcome sexual flirtation, advances,
propositions; Civil Service Commission Resolution No. 01-0940
Administrative Disciplinary Rules on Sexual Harassment Cases
 classification of
sexual harassment

Light offenses
7. making offensive hand or body gestures at an employee;
8. persistent unwanted attention with sexual overtones;
9. unwelcome phone calls with sexual overtones causing
discomfort, embarrassment, offense or insult to the
receiver; and
10. other analogous cases.
Civil Service Commission Resolution No. 01-0940
Administrative Disciplinary Rules on Sexual Harassment Cases
 Section 4
Duties of the Employer

Promulgate appropriate rules and regulations in consultation

with the jointly approved by the employees or students or
trainees, through their duly designated representatives,
prescribing the procedure for the investigation or sexual
harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in
the proper courts for unlawful acts of sexual harassment.

R.A. 7877 Anti-Sexual Harassment Act of 1995

 Duty of the Employer

Create a committee on decorum and investigation of cases

on sexual harassment. The committee shall conduct
meetings, as the case may be, with other officers and
employees, teachers, instructors, professors, coaches
trainers and students or trainees to increase understanding
and prevent incidents of sexual harassment. It shall also
conduct the investigation of the alleged cases constituting
sexual harassment.

R.A. 7877 Anti-Sexual Harassment Act of 1995

Contents of the complaint

1. The full name and address of the complainant;

2. The full name, address, and position of the
respondent;
3. A brief statement of the relevant facts;
4. Evidence, in support of the complainant, if any;
5. A certification of non-forum shopping.
Civil Service Commission Resolution No. 01-0940
Administrative Disciplinary Rules on Sexual Harassment Cases
 Section 5
liabilities

The employer or head of office, educational training

institution shall be solitarily liable for damage 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.

R.A. 7877 Anti-Sexual Harassment Act of 1995

 Section 6
independent action for
damages
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.

R.A. 7877 Anti-Sexual Harassment Act of 1995

 Section 7
penalties

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) 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 provision of this
Act shall prescribe in three (3) years.
R.A. 7877 Anti-Sexual Harassment Act of 1995
 Section 8
separability clause
If any portion or provision of this Act is declared
void and unconstitutional, the remaining
portions or provisions hereof shall not be
affected by such declaration.

R.A. 7877 Anti-Sexual Harassment Act of 1995

 Section 9
repealing clause
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.

R.A. 7877 Anti-Sexual Harassment Act of 1995

 Section 9
effectivity clause
This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national
newspaper of general circulation.

R.A. 7877 Anti-Sexual Harassment Act of 1995

 case digest
G.R. No. 146053
DIOSCORO F. BACSIN, petitioner,
vs. EDUARDO O. WAHIMAN, respondent.
Petitioner is a public school teacher of Pandan Elementary
School, Pandan, Mambajao, Camiguin Province. Respondent
Eduardo O. Wahiman is the father of AAA, an elementary
school student of the petitioner.
 case digest
FACTS OF THE CASE
AAA claimed that on August 16, 1995, petitioner asked her
to be at his office to do an errand. Once inside, she saw him get
a folder from one of the cartons on the floor near his table, and
place it on his table. He then asked her to come closer, and
when she did, held her hand, then touched and fondled her
breast. She stated that he fondled her breast five times, and
that she felt afraid. A classmate of hers, one Vincent B. Sorrabas,
claiming to have witnessed the incident, testified that the
fondling incident did happen just as AAA related it.
 case digest
FACTS OF THE CASE
Petitioner was charged with Misconduct in a Formal
Charge dated February 12, 1996 by Regional Director
Vivencio N. Muego, Jr. of the CSC.

In his defense, petitioner claimed that the touching

incident happened by accident, just as he was handing AAA a
lesson book. He further stated that the incident happened in
about two or three seconds, and that the girl left his office
without any complaint.
 case digest
RESOLUTION OF THE CSC
In Resolution No. 98-0521 dated March 11, 1998, the CSC
found petitioner guilty of Grave Misconduct (Acts of Sexual
Harassment), and dismissed him from the service.
Specifically, the CSC found the petitioner to have
committed an act constituting sexual harassment, as defined in
Sec. 3 of Republic Act No. (RA) 7877, the Anti-Sexual Harassment Act
of 1995.
Petitioner filed a motion for reconsideration, but the same
was denied in Resolution No. 99-0273 dated January 28, 1999.
 case digest
RESOLUTION OF THE CSC
Petitioner was charged with Misconduct in a Formal
Charge dated February 12, 1996 by Regional Director
Vivencio N. Muego, Jr. of the CSC.

In his defense, petitioner claimed that the touching

incident happened by accident, just as he was handing AAA a
lesson book. He further stated that the incident happened in
about two or three seconds, and that the girl left his office
without any complaint.
 THANK YOU
VERY MUCH!
 quiz
TRUE OR FALSE
1. Sexual harassment can occur outside the work site and still
be considered work related.
2. Sexual harassment is not limited to physical contact. It can
occur any time that an individual is uncomfortable with
another persons approaches, comments or discussions.
3. Friendly flirting is not sexual harassment when flirting is
practiced between mutually consenting individuals who are
equal in power or authority.
 quiz
TRUE OR FALSE
4. In order for it to be determined sexual harassment, the
victim has to be of the opposite sex of the harasser.
5. Terms of endearment with co-workers, i.e. "honey," "dear"
are considered verbal abuse and charges can be brought up
against the employee.
 quiz
ESSAY
As a future educator, how can you ensure a
learning environment that is free from acts of
sexual harassment?