Anti-Sexual Harassment Act

Republic Act No. 7877

Q&A Manual

By Loraine Banaag Bobiles

Apprenticeship I

JD 3-3

For Office of the Legal Aid

Atty. Maria Cristina Gimenez

Chief, Office of the Legal Aid

1. What are the kinds of sexual harassment covered under RA 7877?

a. Sexual harassment in the employment;

b. Education; or

c. Training environment

2. Persons who may commit sexual harassment:

a. Employer

b. Employee

c. Manager

d. Supervisor

e. Agent of the employer

f. Teacher

g. Instructor

h. Professors

i. Coach

j. Trainor

k. Or any other person having authority, influence or moral ascendency

over another in a work or training or education environment.

3. What are the elements of Sexual-Harassment under the Act?

a. That the act was committed in work, education or training-related

environment.

b. The perpetrator is a employer, employee, manager, supervisor, agent of

the employee, teacher, instructor, professor, coach, trainor, or other

 person having authority, influence or moral ascendency over another in a

work or training or education environment.

c. That the perpetrator demands, requests or otherwise requires any sexual

favour from the other.

d. Regardless of whether the demand, request or requirement for

submission is accepted by the object of said act.

4. What are the acts of sexual harassment committed in a work-related or

employment environment?

a. When 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 favourable 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.

b. The above acts would impair the employee’s right or privileges under

existing labor laws; or

c. The above acts would result in an intimidating, hostile, or offensive

environment for the employee.

5. What are the acts of sexual harassment committed in an education or

training environment?

a. Against one who is under the care and custody or supervision of the

offender;
 b. Against one whose education, training, apprenticeship or tutorship is

entrusted to the offender;

c. When the sexual favor is made a condition to 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

d. When the sexual advances result in an intimidating, hostile or offensive

environment for the student, trainee or apprentice.

6. What are the other acts punishable under RA 7877?

a. Directing another to commit any act of sexual harassment as defined

under the law.

b. Inducing another to commit any act of sexual harassment as defined

under the law.

c. Cooperating in the commission thereof by another without which it

would not have been committed.

7. What are the duties of the employer or head of office in a work-related,

education or training environment?

a. To prevent or deter the commission of acts of sexual harassment;

b. To provide the procedures for resolution, settlement or prosecution of

acts of sexual harassment.

c. 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

 investigation of sexual harassment cases and the administrative

sanctions therefor.

d. Create a committee on decorum and investigation of cases on sexual

harassment.

e. Disseminate or post a copy of this Act for the information of all

concerned.

8. What are the duties of the above-mentioned Committee?

a. Conduct meetings, as the case may be, with the officers and employees,

teachers, instructors, professors, coaches, trainors and students or

trainees to increase understanding and prevent incidents of sexual

harassment.

b. Conduct investigation of alleged cases constituting sexual harassment.

9. What is the composition of the committee on decorum in a work-related

environment?

In a work-related environment, committee shall be composed of at least one

representative each from:

a. Management

b. Union

c. Employees from the supervisory rank

d. Rank-and-file employees

10. What is the composition of the committee on decorum in an

educational or training institution?

 In an educational or training institution, the committee shall be composed of at

least one representative from the:

a. Administration

b. Trainors

c. Teachers

d. Instructors

e. Professors or coaches

f. Students or trainees

11. What is the effect of administrative sanctions imposed to the

perpetrator?

Administrative sanctions shall not be a bar to prosecution in the proper

courts for unlawful acts of sexual harassment.

12. What is the liability of the employer, head of office, educational or

training institution?

The employer, head of office, educational or training institution shall be

solidarily liable for the damages arising from the acts of sexual harassment

committed in the employment, education or training environment.

13. When will the employer, head of office, educational or training

institution be held solidarily liable?

 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.

14. What are the remedies for the aggrieved party?

a. Prosecution of criminal actions.

b. Institution of separate and independent action for damages.

c. Institution of other affirmative reliefs.

15. What are the penalties for conviction?

a. Imprisonment of not less than one month nor more than six months; or

b. Fine of not less than ten thousand pesos (P10,000) or more than twenty-

thousand pesos (P20,000), or

c. Both such fine and imprisonment at the discretion of the court.

16. Until when may the aggrieved party file an action? (Prescription of

Action)

Any action arising from the violation of the provisions of this act shall

prescribe in three years.