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Republic Act No. 7877 Official Gazette of The Republic of The Philippines

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Republic Act No. 7877


February 14, 1995 (https://www.o8cialgazette.gov.ph/1995/02/14/republic-act-no-7877/)

H. No. 9425
S. B. No. 1632

Republic of the Philippines


Congress of the Philippines
Metro Manila

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-Kfth


day of July, nineteen hundred and ninety-four.

[REPUBLIC ACT NO. 7877]

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.”

SEC. 2. Declaration of Policy. – The State shall value the dignity of every individual, enhance
the development of its human resources guarantee fell respect for human rights, and
uphold the dignity of work rs, 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.

SEC. 3. Work, Education or Training-related Sexual Harassment DeGned. – 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, incuence 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, 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;

(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
benehts, privileges, or considerations; 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 dehned, 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.

SEC. 4. Duty of the Employer or Head of OIce in a Work-related, Education or Training


Environment. – It shall be the duty of the employer or the head of the 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 o8ce
shall:

(a) 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 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.

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 o8cers 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 hle 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, teachers, instructors,
professors or coaches and students or trainees, as the case may be.

The employer or head of o8ce, educational or training institution shall disseminate or post
. copy of this Act for the information of all concerned.

SEC. 5. Liability of the Employer, Head of OIce, Educational or Training Institution. – The
employer or head of o8ce, 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 o8ce, educational or training
institution is informed of such acts by the offended party and no immediate action is taken
thereon.
SEC. 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 a8rmative relief.

SEC 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 hne of not less than Ten thousand pesos (P 10,000) nor more than Twenty
thousand pesos (P 20,000), or both such hne 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.

SEC. 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.

SEC. 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed
or modihed accordingly.

SEC. 10. Effectivity Clause. – This Act shall take effect hfteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.

Approved,

(Sgd.) JOSE DE
(Sgd.) EDGARDO J.
VENECIA, JR.
ANGARA
Speaker of the House
President of the Senate
of Representatives
This Act which is a consolidation of House Bill No. 9425 and Senate Bill No. 1532 was
hnally passed by the House of Representatives and the Senate on February 8, 1995.

(Sgd.) CAMILO L.
(Sgd.) EDGARDO E. SABIO
TUMANGAN Secretary General
Secretary of the Senate House of
Representatives

Approved: FEB 14 1995

(Sgd.) FIDEL V. RAMOS


President of the Philippines

Source: Presidential Management Staff

RESOURCES

[PDF] Republic Act No. 7876, February 14, 1995


(http://www.o8cialgazette.gov.ph/downloads/1995/02feb/19950214-RA-7877-
FVR.pdf)

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