r.a.

7877
"Anti-Sexual
Harassment Act
of 1995"

JOFRED M.
The Teaching
MARTINEZ, Educ
Profession
MAN, RN
204
 Section 1
r.a. 7877
"Anti-Sexual Harassment
Act of 1995"
AN ACT DECLARING SEXUAL
HARASSMENT UNLAWFUL IN
THE EMPLOYMENT, EDUCATION
OR TRAINING
ENVIRONMENT, ANDR.A.FOR OTHER
7877 “Anti-Sexual
 Section 2
Declaration of policy
r.a. 7877
The State shall value the dignity of every
individual, enhance
the development of it human resources, guarantee
full respect
for human rights, and uphold the dignity of
workers,
employees, applicants for employment, students
or those
R.A. 7877 “Anti-Sexual
Section 3 Work, Education or
Training-related Sexual
Harassment

R.A. 7877 “Anti-Sexual

 Work related sexual
harassment

 The sexual favor is made as a condition in the

hiring or in
the employment, reemployment 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, R.A. 7877 “Anti-Sexual
 Work related sexual
harassment

 The above acts would impair the

privilegesrights
employee’s underorexisting labor
 laws; or acts would result in an
The above
hostile, or offensive environment for the
intimidating,
employee.

R.A. 7877 “Anti-Sexual

Education/training related
sexual harassment

 Against one who is under the care, custody or

of the
supervision
 offender;
Against one whose education, training,
tutorship is entrusted
apprenticeship or to the
 offender;
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
R.A. 7877 “Anti-Sexual
Education/training related
sexual harassment

 When the sexual advances result in an

intimidating, hostile
or offensive environment for the student,
trainee or
Any person who directs or induces another to
apprentice.
commit any act
of sexual harassment as herein defined, or who
cooperates in
the commission thereof by another without which
it would not R.A. 7877 “Anti-Sexual
 sexual harassment
may take place
 in the premises of the workplace or office or
or training
of the school
 institution;
in any place where the parties were found as
workof
a result or education or training responsibilities
 or relations;
at work or education or training-related
social
 whilefunctions;
on official business outside the office
or school or
training institution or during work or school
Civil Service Commission
or training- Resolution No. 01-0940
 sexual harassment
may take place

 at official conferences, fora, symposia or

or sessions;
training
 by telephone, cellular phone, fax machine or
mai
electronic
l

Civil Service Commission

Resolution No. 01-0940
 Illustrative forms of
sexual harassment
PHYSICAL
 Malicious Touching;
 Overt sexual advances;
 Gestures with lewd insinuation.
Verbal
 requests or demands for sexual
favors;
 lurid remarks Civil Service Commission
Resolution No. 01-0940
 Illustrative forms of
sexual harassment
others
 Use of objects, pictures or graphics,
writing
letters or notes with sexual
underpinnings.

Civil Service Commission

Resolution No. 01-0940
 classification of
sexual harassment

Grave offenses
1. unwanted touching of private parts of
the body
(genitalia, buttocks and breast);
2. sexual assault;
3. malicious touching;
Civil Service Commission
Resolution No. 01-0940
 classification of
sexual harassment
Grave offenses
4. requesting for sexual favor in
exchange for
employment, promotion, local or
foreign travels,
favorable working conditions or
assignments, a
5. passing
other analogous
grade, the granting of honors
Civil Service Commission
Resolution No. 01-0940
 classification of
sexual harassment
Less Grave offenses
1. unwanted touching or brushing against
a victim’s
2. body;
pinching not falling under grave
offenses;
3. derogatory or degrading remarks or
innuendoes
directed toward the members of one sex,
or one’s Civil Service Commission
Resolution No. 01-0940
 classification of
sexual harassment

Less Grave offenses

4. verbal abuse with sexual
overtones; and
5. other analogous cases.

Civil Service Commission

Resolution No. 01-0940
 classification of
sexual harassment
Light offenses
1. surreptitiously looking or staring a look
of aprivate part or worn
person’s
2. undergarments;
telling sexist/smutty jokes or sending these
electronic
through text, mail or other similar
embarrassment
means, causing or offense and carried out after
the
offender has been advised that they are
offensive or
Civil Service Commission Resolution
embarrassing or, even without such advise,
No. 01-0940
 classification of
sexual harassment
Light offenses
3. malicious leering or
ogling;
4. the display of sexually offensive
or
pictures, materials
5. graffiti;
unwelcome inquiries or comments about
sex
a person’s
6. life;
unwelcome sexual flirtation,
proposition
advances, Civil Service Commission
Resolution No. 01-0940
 classification of
sexual harassment
Light offenses
7. making offensive hand or body gestures at an
employee;
8. persistent unwanted attention with sexual
overtones;
9. unwelcome phone calls with sexual
10. other analogous
overtones causing
cases.
discomfort, embarrassment,Civil
offense or insult
Service Commission
Resolution No. 01-0940
 Section 4
Duties of the Employer

Promulgate appropriate rules and regulations in

consultation
with the jointly approved by the employees or
students or
trainees, through their duly designated
representatives,
Administrative sanctions shall not be a bar to
prescribing the procedure for the investigation
prosecution in
or sexual
the proper courts for unlawful acts of sexual
harassment cases and the administrative
harassment.
sanctions therefor. R.A. 7877 “Anti-Sexual
 Duty of the Employer

 Create a committee on decorum and

investigation of cases
on sexual harassment. The committee shall
conduct
meetings, as the case may be, with other
officers and
employees, teachers, instructors, professors,
coaches
trainers and students or trainees to increase
understanding R.A. 7877 “Anti-Sexual
Contents of the complaint

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;
Civil Service Commission
Resolution No. 01-0940
 Section 5
liabilities

The employer or head of office, educational

training
institution shall be solitarily liable for
damage arising
from the acts of sexual harassment
committed in the
employment, education or training
environment if the
employer or head of office, R.A.
educational
7877 “Anti-Sexual
or
 Section 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 affirmative relief.
R.A. 7877 “Anti-Sexual
 Section 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 fine
 of
Anynotaction
less than Tenfrom
arising thousand pesos (P10,000)
the violation of the
nor
Act more
shall
provision of prescribe
this in three
than Twenty thousand pesos (P20,000), or both
(3) years.
such fine R.A. 7877 “Anti-Sexual
 Section 8
separability clause
If any portion or provision of this Act
is declared
void and unconstitutional, the
remaining
portions or provisions hereof shall
not be
affected by such declaration.
R.A. 7877 “Anti-Sexual
 Section 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
modified accordingly.
R.A. 7877 “Anti-Sexual
 Section 9
effectivity clause
This Act shall take effect fifteen (15)
days after its
complete publication in at least two (2)
national
newspaper of general circulation.

R.A. 7877 “Anti-Sexual

 case digest
G.R. No. 146053
DIOSCORO F. BACSIN,
petitioner,
vs. isEDUARDO
Petitioner O. WAHIMAN,
a public school teacher of Pandan
respondent.
Elementary
School, Pandan, Mambajao, Camiguin Province.
Respondent
Eduardo O. Wahiman is the father of AAA, an
elementary
 case digest
FACTS OF
AAA claimedTHE that CASE
on August 16, 1995,
petitioner asked her
to be at his office to do an errand. Once inside, she
saw him get
a folder from one of the cartons on the floor near
his table, and
place it on his table. He then asked her to come
closer, and
when she did, held her hand, then touched and
fondled her
 case digest
FACTS OF
THEcharged
Petitioner was CASE with Misconduct
in a Formal
Charge dated February 12, 1996 by Regional
Director
In his
Vivencio N.defense,
Muego, petitioner claimed that the
Jr. of the CSC.
touching
incident happened by accident, just as he was
handing AAA a
lesson book. He further stated that the incident
happened in
 case digest
RESOLUTION OF
THE
In Resolution No.CSC
98-0521 dated March 11,
1998, the CSC
found petitioner guilty of Grave Misconduct (Acts of
Sexual
Harassment), and dismissed him from the service.
Specifically, the CSC found the petitioner to
have
committed an act
Petitioner constituting
filed a motion sexual harassment, as
for reconsideration,
defined
butinthe same
Sec. 3 of Republic Act No. (RA) 7877, the Anti-
 case digest
RESOLUTION OF
PetitionerTHE
was CSC
charged with Misconduct
in a Formal
Charge dated February 12, 1996 by Regional
Director
In his
Vivencio N.defense,
Muego, petitioner claimed that the
Jr. of the CSC.
touching
incident happened by accident, just as he was
handing AAA a
lesson book. He further stated that the incident
happened in
 THANK YOU
VERY MUCH!
 quiz
TRUE OR
1. Sexual harassment can occur outside the work
FALSE
beand
site considered
still work
2. related.
Sexual harassment is not limited to physical
contact. It can
occur any time that an individual is
uncomfortable with
another person’s approaches, comments or
discussions.
3. Friendly flirting is not sexual harassment when
 quiz
TRUE OR
4. In order for it toFALSE
be determined sexual
victim hasthe
harassment, to be of the opposite sex of the
5. harasser.
Terms of endearment with co-workers, i.e.
"honey," "dear "
are considered verbal abuse and charges can be
brought up
against the employee.
 quiz
ESS
AY how can you
As a future educator,
ensure a
learning environment that is free
from acts of
sexual harassment?