RE-CONCEPTUALIZING THE PHILIPPINE ANTI-SEXUAL HARASSMENT ACT OF

1995 IN LIGHT OF THE NATURAL/BIOLOGICAL,

SOCIOCULTURAL, AND LIBERAL VIEWS
ON SEXUAL HARASSMENT

___________

A Thesis

Presented to the Faculty of the

Department of Philosophy and Religious Studies

School of Arts and Sciences

University of San Carlos

Cebu City, Philippines 6000

__________

In Partial Fulfillment of

the Requirements for the Degree

BACHELOR OF PHILOSOPHY

_________

By

BLANCHE G. BLANCH

March 2017
 APPROVAL SHEET

This thesis entitled “RE-CONCEPTUALIZING THE PHILIPPINE ANTI-SEXUAL

HARASSMENT ACT OF 1995 IN LIGHT OF THE NATURAL/BIOLOGICAL,
SOCIOCULTURAL, AND LIBERAL VIEWS ON SEXUAL HARASSMENT” prepared and
submitted by BLANCHE G. BLANCH in partial fulfilment of the requirements for the degree
BACHELOR OF PHILOSOPHY has been examined and is recommended for ORAL
EXAMINATION.

Thesis Committee

RYAN C. URBANO, PhD

Adviser

ORLANDO ALI M. MANDANE JR., PhD MARIA MAJORIE R. PURINO, PhD

Chairman Member
__________________________________________________________________________

Approved by the Panel of Examiners with a grade of __________.

Panel of Examiners

ORLANDO ALI M. MANDANE JR., PhD

Chairman

RYAN C. URBANO, PhD MARIA MAJORIE R. PURINO, PhD

Adviser Member

Accepted and approved in partial fulfillment of the requirements for the degree BACHELOR OF
PHILOSOPHY.
March 24, 2017 RYAN C. URBANO, PhD
Date of Oral Examination Chairman, Department of Philosophy and Religious Studies

ACKNOWLEDGEMENT
 This research is not only an articulation of the things I believe in and fight for; it is
also, by and large, a culmination of nearly four years of ‘philosophical’ searching. This
search was mainly an introspective search into my identity, the things I believe in and am
willing to fight for that would make a practical impact in society, and in that process I
discovered that I am and had always been a feminist. This period in my life, this inner search
to find my place in the world, had been enriched by the people I have met along the way.

Thus, first of all, I thank all of my teachers and friends in philosophy who
contributed to my feminist awakening through engaging (and sometimes stormy)
conversations and exchange of ideas. In particular, I thank my adviser Sir Ryan Urbano for
his kindness to adopt me as his advisee and for believing in my capabilities especially during
the times when I did not even believe in myself. I also thank my panelists, Miss Maje Purino
and Sir Ali Mandane for their insights and feedback. Apart from their help in my research, I
also truly admire these teachers: I admire Sir Ryan for his patience, Miss Maje for inspiring
me to be a spiritual person, and Sir Ali for his acerbic sense of humor. Also, I have really
learned a lot from you. The same goes for my other teachers in philosophy – Sir Daryl
Mendoza, Sir Ruby Suazo, Sir Lot Tabilid, and Sir Ranie Villaver. I also thank my friends in
philosophy, namely, Gian Perez, Cyril Jane Negapatan, Jaymar Gaviola, Karen Castro, Jodie
Virly, Angelo Mape, and Samantha Almaden (non-philosophy major) for sharing their time,
friendship, and ideas with me. We have been through the good, the bad, and the challenging
times of our student life and it was truly more memorable and enjoyable because we had
each other’s backs whenever we needed help or just someone to share frustrations and good
times with. As an old proverb goes, “Shared sorrow is half-sorrow, shared laughter is
doubled laughter.”

I also thank my parents for all their true love, eternal understanding, and endless
support for me. I am so proud of you the same way that you both are so proud of me. I have
been through the best and the worst and your love, support, and understanding are as bright
and unwavering as the Northern Star and I would not have been where I am now if it were
not for all your love for me. I am so blessed to have you as my parents.

I would also like to thank my soul brothers and sister from the overseas: William
Warren Goudy for helping me acquire much needed books, and Jonathan Davis, Joshua
Burkhart and especially Andrea Che Ro Kee for spiritual support and guidance. I think I
have found my soul tribe!

Finally, I thank the Divine Spirit for letting Life unfold beautifully in my life. This is
indeed a wonderful journey.

ABSTRACT
 The ratification of the Philippine Anti-Sexual Harassment Act of 1995 (RA 7877)
heralded the full recognition and protection of gender equality in our country’s workplaces
and academic institutions. However, there had been new challenges and an onslaught of
critiques against the law in the past twenty-two years since its inception. This research
probes the underlying assumptions, critiques the limitations, and evaluates the proposed
amendments of the Anti-Sexual Harassment Act of 1995 in light of the three theories on
sexual harassment, namely, the natural/biological view, the sociocultural view, and liberal
view.

This research argues, first, that the law’s provisions and underlying assumptions
conform to the premises held by the liberal view the most, followed by by the sociocultural
view, and none for the natural/biological view. Second, its limitations conform most to the
beliefs and stereotypes associated with the natural/biological model, particularly sexist
norms in the Philippine culture and gender stereotypes in law. Lastly, this research argues
that the amendments proposed to redress the law’s limitations conform most to the feminist
sociocultural view of sexual harassment.

Keywords: sexual harassment, Anti-Sexual Harassment Act of 1995, law, natural/biological

view, sociocultural view, liberal view, street/stranger harassment, gender stereotypes

TABLE OF CONTENTS
Title Page……………………………………………………………………………………...i

APPROVAL SHEET…………………………………………………………………………ii

ACKNOWLEDGEMENT…………………………………………………………………...iii

ABSTRACT…………………………………………………………………………………iv

Chapter

1. INTRODUCTION

Rationale……………………………………………………………………...1

Theoretical Background……………………………………………………....2

THE PROBLEM

Statement of the Problem……………………………………………………24

Significance of the Study……………………………………………………24

Scope and Limitations………………………………………………………25

RESEARCH METHOD………………………………………………………...25

DEFINITION OF TERMS……………………………………………………...26

2. THEORETICAL ASSUMPTIONS OF THE ANTI-SEXUAL HARASSMENT

ACT OF 1995 IN LIGHT OF THE THREE VIEWS ON SEXUAL
HARASSMENT

The Anti-Sexual Harassment Act of 1995: The Definition…………………29

The Anti-Sexual Harassment Act of 1995: Examining the Definition……...30

3. LIMITATIONS OF THE ANTI-SEXUAL HARASSMENT ACT OF 1995 VIS-

À-VIS THE THREE VIEWS ON SEXUAL HARASSMENT

Direct Limitations…………………………………………………………...40

Indirect Limitations

Sexist Norms in Philippine Culture…………………………………44

Gender Stereotypes in Law………………………………………….47

 The Prompt Reporting Rule…………………………………50

The Cautionary Rule………………………………………...51

The Corroboration Rule……………………………………..51

The Standard/Normal Reaction Rule………………………..54

The Distressed Victim Rule…………………………………54

The Consistency Rule……………………………………….56

4. PROPOSED AMENDMENTS TO THE ANTI-SEXUAL HARASSMENT ACT

OF 1995 APROPOS TO THE THREE VIEWS ON SEXUAL HARASSMENT

The Philippine Commission on Women…………………………………….62

Clara Rita Padilla, Feminist Legal Scholar………………………………….64

5. SUMMARY, CONCLUSION, AND RECOMMENDATION

Summary…………………………………………………………………….68

Conclusion…………………………………………………………………..71

Recommendation……………………………………………………………72

BIBLIOGRAPHY……………………………………………………………….73

APPENDIX……………………………………………………………………...77

CURRICULUM VITAE………………………………………………………...81