Republic of the Philippines

Congress of the Philippines

Metro Manila
Republic Act 7877
Anti-Sexual Harassment Act of 1995
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the
Philippines
in
Congress
assembled:
SECTION 1. Title. - This Act shall be known as the "Anti-Sexual
Harassment
Act
of
1995."
SECTION 2. Declaration of Policy. - The State shall value the dignity of
every individual, enhance the development of its 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.
SECTION 3. Work, Education or Training -Related, Sexual
Harassment Defined. - Work, education or training-related sexual
harassment is committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor, 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.
(a) In a work-related or employment environment, sexual harassment
is committed when:
(1) The sexual favor is made as a condition in the hiring or 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
ordiminish
employment
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opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee's rights or
privileges
under
existing
labor
laws;
or
(3) The above acts would result in an intimidating, hostile, or
offensive environment for the employee.
(b) In an education or training environment, sexual harassment is
committed:
(1) Against one who is under the care, custody or
supervision of the offender?
(2)
Against
one
whose
education,
training,
apprenticeship or tutorship is entrusted to the offender;
(3) 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
consideration;
or
(4) 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.
SECTION 4. Duty of the Employer or Head of Office in a Workrelated, Education or Training Environment. - It shall be the duty of
the employer or the head of th work-related, educational or training
environment or institution, to prevent or deter the commission of acts of
sexual harassment
and
to
provide
the
procedures
for
the
resolution, settlement or prosecution of acts of sexual harassment.
Towards this end, the employer or head of office shall:
(a) 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.
Administrative sanctions shall not be a bar to prosecution in the
proper courts for unlawful acts of sexual harassment.
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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.
(b) 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.
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.
In the case of the educational or training institution, the committee
shall be composed of at least one (1) representative from the
administration, the trainors, instructors, professors or coaches and
students
or
trainees,
as
the
case
may
be.
The employer or head of office, educational or training institution shall
disseminate or post a copy of this Act for the information of all concerned.
SECTION 5. Liability of the Employer, Head of Office, Educational
or Training Institution. - 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.
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.
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 provisions of this Act shall
prescribe
in
three
(3)
years.
SECTION 8. Separability Clause. - If any portion or provision of this Act
is declared void or unconstitutional, the remaining portions or provisions
hereof
shall
not
be
affected by
such
declaration.
SECTION 9. Repealing Clause. - All laws, decrees, orders, rules and
regulations, other issuances, or parts thereof inconsistent with the
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provisions of this Act are hereby repealed or modified accordingly.

SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its complete publication in at least two (2) national newspapers
of general circulation.
Approved:

(Sgd.) EDGARDO J. ANGARA

President of the Senate

(Sgd.) JOSE DE VENECIA, JR .

Speaker of the House of
Representatives

This Act is a consolidation of House Bill No. 9425 and Senate Bill No.
1632 was finally passed by the House of Representatives and the Senate
on February 8, 1995.

(Sgd.) EDGARDO E.
TUMANGAN
Secretary of the Senate

(Sgd.) CAMILO L. SABIO

Secretary General
House of Representatives

Approved: February 14, 1995

(Sgd.) FIDEL V. RAMOS
President of the Philippines

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