Republic Act 7877

ANTI-SEXUAL HARASSMENT ACT OF 1995

Prepared by: Atty. Graciano C. Compe, Jr.

Declaration of State Policy

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.

Elements of the crime of sexual harassment:

1. that the offender has authority, influence or moral ascendancy over the victim in a work, training or education environment;

2. the offender demands, requests or otherwise requires any sexual favor from the victim.

It can be committed by the following:

1. 2. 3. 4. 5. 6.

Employer; Employee; Manager; Supervisor; Agent of the employer; Teacher;

7.
8. 9.

Instructor;
Professor; Coach;

10. Trainor; 11. Any person, who has a authority, influence or moral ascendancy

over the victim.

The gravamen of the offense id not the violation of the victims sexuality but the abuse of power of the offender.

A mere casual buss on the cheek is not a sexual conduct or favor and does not fall within the purview of sexual harassment under RA 7877.

EMPLOYMENT ENVIRONMENT: 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 and conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which is in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; 2. the demand, request or requirement for sexual favors would impair the employees right or privileges under existing laws; 3. the demand, request or requirement for sexual favors would result in an intimidating, hostile, or offensive environment for the employee.

EDUCATION AND TRAINING ENVIRONMENT: 1. the victim is under the care, custody or supervision of the offender; 2. the education, training apprenticeship or tutorship of the victim is entrusted to the offender; 3. the sexual favor is made a condition to the giving of a passing grade, or the granting honors and scholarship, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or 4. the sexual advances result in intimidating, hostile or offensive environment for the student, trainee or apprentice.

Penalties: a) Imprisonment of not less than one (1)month nor more than six (6) months; or b) a fine of Ten Thousand Pesos (P10,000) nor more than Twenty Thousand Pesos (P20,000) or both at the discretion of the court

 Any action arising from the violation of

the provisions of this Act shall prescribe in three (3) years.

 end