ANTI-SEXUAL HARASSMENT

ACT OF 1995 (RA 7877)

 SEXUAL HARASSMENT
• This is a criminal act, thus punishable by
imprisonment and/or fine;

• Also administratively punishable (Conduct

Prejudicial and/or Grave Misconduct)

• Protects both man and woman

 PERPETRATOR
• Can be committed by
– teacher or instructor or professor
– coach and/or trainor,
– any other person who, having authority,
influence or moral ascendancy over another in
a work or training or education environment
 CONDUCTS
• Acts amounting to sexual harassment
– Demands; or
– Requests; or
– Requires any sexual favor from the other,

• It is not necessary that the demand, request, or

requirement of a sexual favor be articulated in a
categorical oral or written statement.

• Said sexual favor need not be explicit or stated

 VICTIM
– Committed against one who is under the
care, custody or supervision of the
offender; OR

– Committed Against one whose education,

training, apprenticeship or tutorship is
entrusted to the offender; OR
 CIRCUMSTANCES
– Committed When the sexual favor is
• made a condition to the giving of a passing grade,
or
• granting of honors and scholarships, or
• payment of a allowances or other benefits,
privileges, or consideration; OR
– Committed when the sexual advances result
in an intimidating, hostile or offensive
environment for the student, trainee or
apprentice
 SEXUAL HARASSMENT
– Recognized instances (Jurisprudence):
• The culprit handed notes to the victim “Gay, I like you.”,
as well as text messages saying “Ka date ko si Mary
Gay… ang tamis ng halik mo.” , “Pauwi ka na ba sexy?”,
“I slept and dreamt nice things about you.”, “Have a
date with me.”, among others. He would also whisper
to the victim “Oy flawless” while twice pinching her
upper left arm near the shoulder in a slow manner.
Furthermore, during a field trip, the respondent tried
to kiss the victim.
 SEXUAL HARASSMENT
– Recognized instances (Jurisprudence):
• Hand squeezing the victim’s shoulders, running his
fingers across her neck and tickling her ear, having
inappropriate conversations with her, giving her money
allegedly for school expenses with a promise of future
privileges, and making statements with unmistakable
sexual overtones – all resound with deafening clarity
the unspoken request for a sexual favor.
 SEXUAL HARASSMENT
• PENALTY:
– A person found guilty of sexual harassment shall 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.
 SEXUAL HARASSMENT
• Trivia:
– The following shall also be held liable under
for sexual harassment:
• Any person who directs or induces another to
commit any act of sexual harassment, or
• Any person who cooperates in the commission
thereof by another without which it would not have
been committed
 SEXUAL HARASSMENT
• Trivia:
– The following shall also be held liable under
for sexual harassment:
• The head of office, educational or training
institution
• IF the head of office, educational or training
institution is informed of such acts by the offended
party and no immediate action is taken.