Q and A on Sexual

Harassment
If there is one thing that statistics clearly tells us, it is that sexual
harassment continues to be a major source of concern in the
Philippines and all over the world. A survey by the Social
Weather Stations (SWS) and the United Nations Entity for Gender
Equality and the Empowerment of Women (UN Women) gives us
a glimpse of how prevalent and complex the problem has
become:

 3 in 5 women have experienced being sexually harassed;

 majority of the incidents of sexual harassment happen during
the day and in public places;
 1 in 2 women did nothing after they were harassed, and a lot
of those who chose to be silent did so out of fear;
 a significant number of victims blame themselves for being
sexually harassed; and
 perpetrators commit sexual harassment regardless of their
educational background and employment status.
 A quick look at the survey’s findings tells us how
difficult it is to free our own workplace from incidents
of sexual harassment. It Is a challenge that we still
have a thing or two to learn about. In other
countries, 38% of reported sexual harassment cases
happens at work. That, along with the numbers
listed above, is a major cause of alarm, in
safeguarding other people’s safety, productivity,
and well-being.
WHAT IS SEXUAL HARASSMENT?

 Sexual harassment is defined under Republic Act

No. 7877 as an act committed by an employer,
employee, manager, supervisor, agent of the
employer, 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 requirement for
submission is accepted by the object of said act.
(Section 3, RA 7877)
There are some institutions which consider acts
with sexual undertones (while not necessarily
unlawful under R. A. No. 7877) which tend to
create a hostile, intimidating or offensive
working environment as sexual harassment
regardless of the rank or position of the person
who committed it.
SHOULD THE DEMAND, REQUEST OR
REQUIREMENT BE EXPLICIT?

 NO. It must be emphasized that the demand of a sexual

favor need not be explicit or stated. Although it is true
that RA 7877 calls for a demand, request or requirement
of a sexual favor, it is not necessary that the demand,
request or requirement of a sexual favor be articulated
in a categorical oral or written manner. It may be
discerned with equal certitude from the acts of the
offender, as long as the act results in an intimidating,
hostile or offensive environment for the offended party.
SUPREME COURT DECISION:
Bacsin vs. Wahiman
 Even without the explicit demand from the offender,
his act of mashing the breast of his student was
sufficient to constitute sexual harassment.
 Sexual Harassment in an education or training
environment is committed when the sexual
advances result in an intimidating, hostile or
offensive environment for the student, trainee or
apprentice.
WHAT IS THE POLICY OF THE STATE ON
SEXUAL HARASSMENT?

Sexual harassment, which has been declared

unlawful in the workplace, training and
education environments, will not be tolerated as
it violates the dignity and human rights of a
person. (Section 2, RA No. 7877)
WHAT IS THE PRESENT LAW ON SEXUAL
HARASSMENT?
 R.A. 7877, an “Act Declaring Sexual Harassment
Unlawful in the Employment, Education or Training
Environment, and for other purposes” was approved
on February 14, 1995 and became effective on
March 5, 1995, fifteen (15) days after its complete
publication in the Malaya and Times Journal on
February 18, 1995. It is more popularly known as “The
Anti-Sexual Harassment Act of 1995.” (Section 1, RA
No. 7877)
UNDER WHAT CIRCUMSTANCES CAN
SEXUAL HARASSMENT BE COMMITTED?
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; or
 at work or education- or training-related social
functions;
SEXUAL HARASSMENT MAY ALSO TAKE
PLACE:

 while on official business outside the office or

school or training institution or during work or
school or training-related travel;
 at official conferences, fora, symposia or
training sessions; or
 by telephone, cellular phone, fax machine or
electronic mail.
WHEN IS SEXUAL HARASSMENT COMMITTED IN THE
EMPLOYMENT OR WORK-RELATED ENVIRONMENT?
Work-related sexual harassment is committed when:
 the sexual favor is made as a condition in the
employment, re-employment or continued employment
of said individual, or in granting said individual favorable
compensation, terms of 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;
WHEN IS SEXUAL HARASSMENT COMMITTED IN THE
EMPLOYMENT OR WORK-RELATED ENVIRONMENT?

 the act or series of acts have the purpose or effect

of interfering with the complainant’s work
performance, or creating an intimidating, hostile or
offensive work environment; or
 the act or series of acts might reasonably be
expected to cause discrimination, insecurity,
discomfort, offense or humiliation to a complainant
who may be a co-employee, applicant, customer,
or ward of the person complained of.
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. Any employee,
male or female, may rightfully cry “foul”
provided the claim is well substantiated.
SUPREME COURT DECISION:
Domingo vs. Rayala

Sexual harassment is an imposition of

misplaced “superiority” which is enough to
dampen an employee’s spirit and her
capacity for advancement. It affects her
sense of judgment; it changes her life.
 It is not essential that the demand, request or
requirement be made as a condition for continued
employment or for promotion to a higher position. It
is enough that the acts result in creating an
intimidating, hostile or offensive environment for the
employee.
 Domingo reported the matter to an officemate,
and after the last incident, she filed a leave of
absence and requested transfer to another unit.
However, in sexual harassment cases, the
acts complained of must be in
consonance and in conformity with
human experience. It must be credible
and does not defy human logic; otherwise
the court will not hesitate to exonerate the
alleged offender.
SUPREME COURT DECISION:
Digitel vs Soriano
 While there is, strictly speaking, no fixed period within
which an alleged victim of sexual harassment may file a
complaint, it does not mean that she or he is at liberty to
file one anytime she or he wants to. Any delay in filing a
complaint must be justifiable or reasonable as not to
cast doubt on its merits.
 At all events, it is settled that the only test whether an
alleged fact or circumstance is worthy of credence is
the common experience, knowledge and observation
of ordinary men. (Test of Credibility)
WHEN IS SEXUAL HARASSMENT COMMITTED IN
AN EDUCATION OR TRAINING ENVIRONMENT?
Education or training related sexual harassment is
committed:
 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 submission to or rejection of the act or series of acts
is used as a basis for any decision affecting the complainant,
including, but not limited to, the giving of a grade, the
granting of honors or a scholarship, the payment of a stipend
or allowance, or the giving of any benefit, privilege or
consideration; or
WHEN IS SEXUAL HARASSMENT COMMITTED IN
AN EDUCATION OR TRAINING ENVIRONMENT?

 When the act or series of acts have the purpose or

effect of interfering with the performance, or
creating an intimidating, hostile or offensive
academic environment of the complainant; or
 When the act or series of acts might reasonably be
expected to cause discrimination, insecurity,
discomfort, offense or humiliation to a complainant
who may be a trainee, apprentice, intern, or ward
of the person complained of.
WHAT ARE THE FORMS OF SEXUAL
HARASSMENT?

Physical sexual harassment includes

unwelcome, unwanted physical contact,
including touching, tickling, pinching, patting,
brushing up against, hugging, cornering, kissing
and fondling and forced sexual intercourse or
assault;
 Verbal sexual harassment includes innuendoes,
suggestive comments, jokes of a sexual nature,
sexual propositions, lewd remarks and threats;
requests for any type of sexual favor (this includes
repeated, unwelcome requests for dates),
commenting about anything sexual to someone
who has made it clear that he/she does not
appreciate that behavior, asking personal sexual
questions;
 Non-verbal sexual harassment includes the
distribution, display or discussion of any written or
graphic material, including calendars, posters and
cartoons that are sexually suggestive or show
hostility toward an individual or group because of
sex; giving favors (more attention, dropping cases,
admission and re-admission) in exchange for sexual
favors; suggestive or insulting sounds; leering;
staring; whistling; obscene gestures; content in
letters and notes, facsimiles, e-mail, photos, text
messages, tweets and Internet postings; or other
form of communication that is sexual and offensive
in nature.
WHO ARE LIABLE?

 Any person who directs (Principal by Direct

Participation) or induces (Principal by Induction)
another to commit any act of sexual harassment as
herein defined, or who cooperates (Principal by
Indispensable Cooperation) in the commission
thereof by another without which it would not have
been committed, shall also be held liable under this
Act.
 Applies to both sexes.
DOES RA 7877 APPLY ONLY TO ACTS
COMMITTED BY AN OPPOSITE SEX?

NO.
The victim and perpetrator can be any gender,
and the perpetrator does not have to be always
an opposite sex.
Lewd comments do not necessarily translate to
sexual harassment. However, where these lewd
comments create an intimidating, hostile or
offensive environment for the aggrieved person,
then such act may be complained of as sexual
harassment by the aggrieved party.
SUPREME COURT DECISION:
Aquino vs. Acosta

 From the circumstances obtaining, a mere bussing or

pecking on the cheeks in a ‘beso-beso’ fashion, done
on festive and special occasions, by reason of the
exaltation or happiness of the moment, and they took
place in the presence of other people, were simply
friendly and innocent acts, bereft of malice and lewd
design. They were merely considered forms of greetings,
casual and customary in nature.
 No sexual harassment transpired.
WHAT ARE THE PENALTIES FOR SEXUAL
HARASSMENT?

CIVIL:
The victim of work, education or training-related
sexual harassment can file a separate and
independent action for damages against the
offender.
 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.
CRIMINAL:
If found criminally liable, the offender will 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.
ADMINISTRATIVE:
Generally, administrative sanctions may include
the following:
 Giving of a stern warning (for the 1st offense);
 Suspension from the workplace, training or
education environments (for the 2nd offense); or
 Dismissal from service (for the 3rd offense or
outright dismissal for the 1st offense if the sexual
harassment would already constitute grave
misconduct)
Take note that administrative
sanctions shall not be a bar to
prosecution in the proper courts for
unlawful acts of sexual harassment.
WHAT ARE THE DUTIES IMPOSED ON THE EMPLOYER
OR HEAD OF OFFICE IN A WORK-RELATED,
EDUCATION OR TRAINING ENVIRONMENT?

 Promulgate appropriate rules and regulations in

consultation with and joint1y 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 therefor. The said rules and
regulations issued pursuant to this subsection (a) shall
include, among others, guidelines on proper decorum
in the workplace and educational or training institutions.
 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.
WHAT IS THE PRESCRIPTIVE PERIOD FOR ANY
ACTION (civil, criminal, administrative) ARISING
FROM THE VIOLATION OF THE PROVISIONS OF RA
7877?

It shall prescribe in 3 years from the date of the

commission of the act of sexual harassment.
WHAT IS THE USUAL PROCESS AND PROCEDURE FOR
ADMINISTRATIVE COMPLAINTS AGAINST SEXUAL
HARASSMENT?
 The ideal procedure for addressing complaints of sexual harassment
comprises of the following essential steps:
 (1) Filing of a written and signed complaint by the victim, his/her
supervisor, or a concerned employee;
 (2) Review of the complaint, care of an HR officer or representative
and the company’s legal counsel;
 (3) Investigation and interview with the complainant, witnesses (if
there are any), and the respondent;
 (4) Recommendation of the appropriate disciplinary or preventive
action, whatever is applicable; and
 (5) Submission and review of statements challenging the result of
the investigation.
ARE THERE OTHER LAWS THAT PROTECT WOMEN
AGAINST SEXUAL HARASSMENT and OTHER SEX
CRIMES?
 Yes. There are plenty of laws that protect women
against various forms of abuse. Aside from the
protection that the Revised Penal Code (RPC) provides,
an example of these laws is the Anti-Violence Against
Women and Their Children (VAWC) Act, also known as
Republic Act (RA) 9262 that penalizes these forms of
violence: physical; sexual; psychological; and
economic. Under Section 3 of RA 9262, sexual
harassment is a form of sexual violence against women.
UPDATE ON ANTI- SEXUAL HARASSMENT LAW:
HOUSE BILL NO. 8244

 On November 13, 2018, the House of Representatives has

approved on 3rd reading House Bill (HB) No. 8244 seeking to
impose stiffer penalties on people committing sexual
harassment in the workplace, schools, and training institutions.
 If passed into law, HB 8244 would increase the penalties to a
fine of P50,0000 to P200,000, but the length of imprisonment
time would be the same.
 The House bill would also impose a fine of P20,000 to P50,000
for those who will violate the victim's right to privacy during
the investigation, prosecution, and trial period.
 House Bill No. 8244 seeks to expand the definition of sexual
harassment as "an act, or series of acts, which may be
committed physically, verbally, or visually or with the use of
information and communications technology or any other
means or technology within or outside of the place of
employment, or a training or education environment that
would result in an intimidating, hostile, or offensive
environment for the employee.“
 If passed into law, individuals proven to have sexually
offended their co-workers, and even those who will insult the
sexual orientation of a workmate may also be penalized.
SEXUAL HARASSMENT is not just about sex. It is
about power. It is a blatant abuse of power.
The harasser or predator is often in a position of
power or authority over the victim, due to
difference in age, or social, political,
educational or employment relationship. It is a
betrayal of public trust, a breach of confidence
which is reprehensible, despicable and
abominable.
NO should mean NO!!!
THANK YOU.
