QuestionsQuestions (Republic Act No. 7877)
RA 7877 is the “Anti-Sexual Harassment Act of 1995,” approved on February 14, 1995. It takes effect 15 days after its complete publication in at least two national newspapers of general circulation.
The State values the dignity of every individual, enhances human resources, guarantees respect for human rights, and upholds the dignity of workers, employees, applicants, students, and trainees; hence, sexual harassment in employment, education, or training environments is declared unlawful.
An employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who has authority, influence, or moral ascendancy over another in the work, training, or education environment.
It includes situations where sexual favor is (1) demanded as a condition in hiring, employment, re-employment, continued employment, compensation, terms, promotions, or privileges; or (2) refusal results in discrimination or adverse effects on employment opportunities; or (3) acts impair rights or privileges under existing labor laws; or (4) acts create an intimidating, hostile, or offensive environment.
No. The Act applies “regardless of whether the demand, request or requirement for submission is accepted.”
It is committed when it is directed against someone under the offender’s care/custody/supervision, or whose education/training/apprenticeship/tutorship is entrusted to the offender; or when sexual favor is made a condition for grades, honors, scholarships, stipends/allowances, or other benefits; or when the advances result in an intimidating, hostile, or offensive environment.
Any person who directs or induces another to commit sexual harassment, or who cooperates in its commission (without which it would not have been committed), shall also be held liable under the Act.
To prevent/deter sexual harassment and provide procedures for resolution/settlement/prosecution; promulgate rules and regulations (consulting and jointly approved by employees/students/trainees through designated reps) prescribing investigation procedures and administrative sanctions; ensure dissemination/posting of the Act; and create a decorum and investigation committee.
At least one representative each from management, the union (if any), the supervisory rank employees, and the rank-and-file employees.
At least one representative from the administration, and at least one from the trainors/teachers/instructors/professors/coaches and students/trainees (as applicable), as stated by the Act.
No. Section 4 explicitly states that administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
When the employer or head of office/institution is informed of the acts by the offended party and no immediate action is taken thereon.
It means the victim is not precluded from instituting a separate and independent action for damages and other affirmative relief, aside from any procedures under the Act.
Upon conviction: imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than P10,000 nor more than P20,000, or both, at the court’s discretion.
Three (3) years.
If any portion is declared void or unconstitutional, the remaining provisions are not affected. It preserves the validity of the rest of the Act even if part is struck down.
All laws, decrees, orders, rules and regulations, and other issuances—or parts thereof—inconsistent with RA 7877 are repealed or modified accordingly.
Check whether the offender has authority/influence/moral ascendancy, then whether any of the Section 3 work-environment conditions exist: sexual favor tied to employment/benefits/promotion; refusal causing discrimination or adverse employment effects; impairment of rights under labor laws; or creation of an intimidating/hostile/offensive environment.