ANTI-SEXUAL HARASSMENT

I. OBJECTIVES

At the end of this module, at least 85% of the learners will be able to:

1. appreciate the importance of knowing their rights as students vis-a- vis those having authority over
them.
2. recognize various forms and manifestations of sexual harassment as it happens in the workplace,
educational settings and training environment.
3. protect themselves from potential harassers by knowing what to do and where to go when subjected
to sexual harassment.
4. actively participate in helping others in cases involving sexual harassment.

II. LEARNING CONCEPTS

Illustrative Article

THE PHILIPPINE GOVERNMENT ON ANTI-SEXUAL HARASSMENT

Introduction

The impetus for the passage of the Anti-sexual Harassment Act of 1995 (RA 7877) was predicated on
the overall global effort to address issues concerning women. It is a part of a bigger government program on
gender equality subsumed under the Gender and Development (GAD) policy thrusts of the government. While
gender programs address as a whole the concerns of both men and women, these programs are initially tilted
heavily in the direction of women’s issues to address the hitherto existing inequality between women and men
(CEDAW, 1979).

Gender equality is among the major policy goals included in the Millennium Development Goals (MDG)
of the United Nations that it wishes to achieve by 2015. Apart from the MDG, various other International Legal
Instruments and Agreements were crafted even earlier to address the particular vulnerability of the women
sector. Among these agreements are the Vienna Declaration and Program of Action of the World Conference
on Human Rights (June 1993) and the Beijing Declaration and Platform for Action of the Fourth World
Conference on Women (September 1995) which reaffirmed the Universal Declaration on Human Rights
(December, 1948) on the inherent equality of humanity regardless of sex, race, religion and nationality.
Particularly reaffirmed were the human rights of women as a fundamental, inalienable, indivisible right that

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must be respected, protected and preserved. These legal instruments stress the fact that all forms of sexual
harassment are incompatible with the dignity of the individual person and must be eliminated. Specifically, the
Beijing Platform for Action calls on all governments to address violence against women by “enact[ing] and/or
reinforce[ing] penal, civil, labour and administrative sanctions in domestic legislation to punish and redress…
and develop programmes and procedures to eliminate sexual harassment and other forms of violence against
women in all educational institutions, workplaces and elsewhere”.

Towards this goal, the Philippines passed Republic Act 7877 on February 8, 1995 otherwise known as “The
Anti-Sexual Harassment Act of 1995”. The law became effective on March 5, 1995, that is, ‘fifteen days after its
complete publication in at least (2) national newspapers of general circulation’.

The Anti-Sexual Harassment Act of 1995 (RA 7877)

Republic Act 7877, just like any Acts of the Republic of the Philippines, draws its reason for being from
the pronounced policy of the government enshrined in the Constitution of the Philippines. For the purpose of
the Act, its draws from Article II Section 11, of the Constitution which reads: “The State values the dignity of
every human person and guarantees full respect for human rights.”

Specifically, RA 7877 echoes the same principle in its Section 2. As a matter of state policy it reiterates:

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.

Defining Sexual Harassment

Sexual harassment is not primarily about sex. It is mainly about power. This underlying power equation
is reflected in the definition of sexual harassment as provided for by the Republic Act itself. Section 3 of RA
7877 provides thus:

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or
trainingrelated 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

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 favor results in limiting, segregating or classifying the employee which in any way would
discriminate, deprive ordiminish employment 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.

Working within premise provided by Republic Act 7877, the Civil Service Commission as the central
personnel agency of the government passed CSC Resolution No. 01-0940 on “Administrative Disciplinary Rules
on Sexual harassment Cases” on May 21, 2001. This issuance is designed to address the “need to devise
uniform rules and regulations particularly in the definition of the administrative offense of sexual harassment
and the sanctions therefor, and the procedures for the administrative investigation, prosecution and
adjudication of sexual harassment cases” in the public sector.
The CSC Resolution provides an even more precise and detailed definition of what sexual harassment
is. Thus, Rule III, Section 3 of the CSC Resolution reads:

Section 3.For the purpose of these Rules, the administrative offense of sexual harassment is an act, or a series
of acts, involving any unwelcome sexual advance, request or demand for a sexual favor, or other verbal or
physical behavior of a sexual nature, committed by a government employee or official in a work-related,
training or education related environment of the person complained of.

(A)Work related sexual harassment is committed under the following circumstances:

(1) submission to or rejection of the act or series of acts is used as a basis for any employment
decision (including, but not limited to, matters related to hiring, promotion, raise in salary, job
security, benefits and any other personnel action) affecting the applicant/employee; or
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 (2) 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

(3) 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 word of the person complained of.

(B)Education or training-related sexual harassment is committed against one who is under the actual or
constructive care, custody or supervision of the offender, or against one whose education, training,
apprenticeship, internship or tutorship is directly or constructively entrusted to, or is provided by, the
offender, when:

(1) submission to or rejection of the act or series of acts 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.

(2) 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

(3) the act or series of acts might reasonably expected to cause discrimination, insecurity,
discomfort, offense or humiliation to a complainant who may be a trainee, apprentice, intern,
tutee or ward of the person complained of.

Based on the aforementioned definition, the CSC Resolution further identified the settings in which
the offense of sexual harassment may take place. Thus, section 4 of the Resolution provides:

Section 4.Sexual harassment may take place:

1. in the premises of the workplace or office or of the school or training institution;

2. in any place where the parties were found as a result of work or education or training
responsibilities or relations;

3. at work or education or training-related social functions;

4. while on official business outside the office or school or training institution or during work or school
or training-related travel;

5. at official conferences, fora, symposia or training sessions; or

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

To specifically emphasize the effort to identify acts or behavioral manifestations that is construed as
constituting harassment, the CSC Resolution, in its Section 5, identified illustrative forms of sexual harassment
thus:

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Section 5. The following are illustrative forms of sexual harassment:

(a) Physical
i. Malicious Touching; ii. Overt

sexual advances; iii. Gestures

with lewd insinuation.

(b) Verbal, such as but not limited to, requests or demands for sexual favors, and lurid remarks;

(c) Use of objects, pictures or graphics, letters or writing notes with sexual underpinnings; (d) Other

forms analogous to the forgoing.

Any worker, student, or trainee or anybody who may have been subjected to sexual harassment,
would
have to follow the procedural requirements in filing the necessary complaint. To this effect, Section 12 of the
CSC Resolution provides:

Section 12. Complaint.

(a) The complaint may be filed at any time with the disciplining authority of the office or agency,
or with the Committee on Decorum and Investigation. Upon receipt of the complaint by the
disciplining authority of the office or agency, the same shall be transmitted to the Committee on
Decorum and Investigation, if there is any. In the absence of a Committee on Decorum and
Investigation, the head office or agency shall immediately cause the creation of Committee on
Decorum and Investigation in accordance with the law and rules, and transmit the complaint to the
Committee.

(b) The complaint must be in writing, signed and sworn to by the complainant. It shall contain
the following:

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.

In the absence of any one of the aforementioned requirements, the complaint shall be dismissed
without prejudice to its refiling.

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 Where the complaint is not under oath, the complainant shall be summoned by the Committee to
swear to the truth of the allegations in the complaint.

(c) Complaints sent by telegram, radiogram, electronic mail or similar means of communication
shall be considered non-filed unless the complainant shall comply with the requirements provided in
Section 12(b) within ten (10) days from receipt of the notice for compliance.

(d) Withdrawal of the complaint at any stage of the proceedings shall not preclude the
Committee from proceeding with the investigation where there is obvious truth or merit to the
allegations in the complaint or where there is documentary or direct evidence that can prove the
guilt of the person complained of.

Any person found guilty of sexual harassment is subject to penal sanctions depending on the gravity
of the offense committed. In this respect, Rule X, Section 53 and Rule XI, Section 55, Section 56 and Section 57
provide the following:

Section 53.Sexual harassment is classified as grave, less grave and light offenses. A.

Grave Offenses shall include, but are not limited to:

1. unwanted touching of private parts of the body (genitalia, buttocks and breast);

2. sexual assault;

3. malicious touching;

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.

B. Less Grave Offenses shall include, but are not limited to:

1. unwanted touching or brushing against a victim’s body;

2. pinching not falling under grave offenses;

3. derogatory or degrading remarks or innuendoes directed toward the members of one

4. verbal abuse with sexual overtones; and

5. other analogous cases.

C. The following shall be considered Light Offenses;

1. surreptitiously looking or staring a look of a person’s private part or worn

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 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;

3. malicious leering or ogling;

4. the display of sexually offensive pictures, materials or graffiti;

5. unwelcome inquiries or comments about a person’s sex life;

6. unwelcome sexual flirtation, advances, propositions;

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,

10. other analogous cases.

Section 54. The head of office who fails to act within fifteen (15) days from receipt of any complaint for sexual
harassment properly filed against any employee in that office shall be charged with Neglect of Duty.

Section 55. Any person who is found guilty of sexual harassment shall, after the investigation, be meted the
penalty corresponding to the gravity and seriousness of the offense.

Section 56. The penalties for light, less grave, and grave offenses are as follows:

A. For light offenses:

1st offense – Reprimand

1st offense – Fine or suspension of not less than thirty (30) days and not exceeding six (6)
months
2nd offense – Dismissal

C. For grave offenses: Dismissal

Section 57. If the respondent is found guilty of two or more charges or counts, the penalty to be imposed
should be that corresponding to the most serious charge or count and the rest shall be considered as
aggravating circumstances.

To ensure that all workplaces, educational institutions and training facilities are secured and free
from

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sexual harassment, all national or local agencies of the government, state colleges and universities including
government owned or controlled corporations with original charter are mandated to create a Committee on
Decorum and Investigation (RULE VI, Section 7). The function of the said Committee is to:

(a) Receive complaints of sexual harassment;

(b) Investigate sexual harassment complaints in accordance with the prescribed procedure;

(c) Submit a report of its findings with the corresponding recommendation to the disciplining
authority for decision;

(d) Lead in the conduct of discussions about sexual harassment within the agency or institution to
increase understanding and prevent incidents of sexual harassment;

Moreover, RULE XII Section 60 of the CSC Resolution requires “All agencies of the government shall
develop an education and training program for their officials and employees and the members of their
Committee on Decorum and Investigation to increase understanding about sexual harassment, prevent its
occurrence, and ensure proper investigation, prosecution and resolution of sexual harassment cases.

Conclusion

Sexual harassment as an offense is not only about sex. It is about power relationship between the
offender and the victim. Thus, potential offenders are those having authority, influence and moral ascendancy
over their victims. The victims consequently suffer an intimidating, hostile and offensive environment which
prevents them from realizing their full potential as human beings. Since most of the victims are women, sexual
harassment also becomes a gender issue which must be addressed by looking into the broader power
arrangements in patriarchal societies where the ideology of sexism still prevails.

III. ACTIVITY

1. Stage a play showing sexual harassment scenarios.

2. Get the name of all the members of the Committee on Decorum and Investigation in MSU-IIT and ask
them about their mandated functions. Report to class the result of your interview

IV. EVALUATION/REFLECTION

1. Download from the internet pictures that graphically capture the various illustrative forms of sexual
harassment. Explain the photos in class.

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2. Explain why an otherwise innocent act be considered sexual harassment.

3. Case Analysis. Read the following actual cases on sexual Harassment:

a. Mollaneda vs. Umacob (G.R. No. 140128. June 6, 2001.). In this case, the respondent, a Department
of Education Division Superintendent in Davao City was found guilty of the charge of sexual
harassment. Why?

b. Biboso vs. Villanueva (A.M. No. MTJ-01-1356. April 16, 2001). In this case, the respondent, a Judge in
Sultan Kudarat was found innocent of the charge of sexual harassment. Why?

V. SOURCES

Anti-sexual Harassment Act of 1995 (RA 7877)

Beijing Declaration and Platform for Action of the Fourth World Conference on Women (September 1995)

Civil Service Commission, CSC Resolution No. 01-0940 on “Administrative Disciplinary Rules on Sexual
harassment Cases” May 21, 2001.

Constitution of the Republic of the Philippines, 1987.

Convention for the Elimination of All Forms of Discrimination Against Women, 1979.

Vienna Declaration and Program of Action of the World Conference on Human Rights (June 1993) Universal

Declaration on Human Rights (December, 1948)

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About the author:

Hilton Joyo Aguja is a faculty member of the Political Science Department, College of Arts and Social Sciences
(CASS) and was Head of the Center for Local Governance Studies (CLGS), Office of the Vice Chancellor for
Research and Extension, MSU-Iligan Institute of Technology in the Philippines from 2002-2012. He obtained his
Master of Arts in International Politics from the International University of Japan and his Master of Philosophy
and Doctor of Philosophy in International Political Economy from the University of Tsukuba, Japan. He likewise
completed an Advanced Course in Human Rights at the Mahidol University in Thailand in cooperation with the
Lund University in Sweden. Also, he completed another Advanced Course in International Humanitarian Law
from the Geneva Academy of Human Rights and International Humanitarian Law in Geneva, Switzerland.

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