Republic Act No.

7877
“Anti-Sexual Harassment
Act of 1995”
 International Legal Landmarks
● UDHR and UN Charter proclaiming the doctrine
of equality of all human beings regardless of
race, sex or creed.

● Convention for the Elimination of all Forms of

Discrimination against Women (CEDAW).

● In 1979, sexual harassment became an

international concern.
 International Landmarks
● It specifically requires the elimination of gender-
based discrmination by mandating that all State
Parties accept the equality of rights and
responsibilities of both men and women.

● It is to achieve elimination of all prejudices and

customs and all other practices based on the
idea of superiority or the inferiority of the sexes
or on the stereotyped roles for men and
women.
 Philippine Legal Landmarks
● Sec. 3, Art. XIII, 1987 Constitution states that
“The State shall afford full protection to labor
xxxxxxxx. and promote full employment and
equality of employment opportunities for all.”

● Art. 3 of the Labor Code states that “The State

shall afford full protection to labor, prommote
full employment, ensure equal work
opportunities regardless of sex, race or creed
xxxxxxxxx.”
 Sec. 2 of R.A. 7877
● Declaration of 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. Towards this
end, all forms of sexual harassment in the
employment, education or training environment
are hereby declared unlawful.
 Elements
(1) Offender has authority, influence or moral
ascendancy over victim in a work, training, or
education environment;

(2) Offender demands, requests or otherwise

requires any sexual favor from the victim.
 How the act is committed
● Employment Environment – Work-related or
employment environment.

(1) Sexual favor as a condition;

(2) Impairment of employee's rights;
(3) Intimidating, hostile or offensive.
 How the act is committed
● Education and training environment.
(1) The victim is uinder 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 as a condition;
(4) The sexual advances result in an intimidating,
hostile or offensive environment for the victim.
 R.A. 7877
● Sec. 4 provides us the Duty of the employer or
head of the office in a work-related or training
environment.
> A.M. No. 03-03-13-SC 2004-12-14, Rule on
Administrative Procedure in Sexual
Harassment Cases and Guidelines on Proper
Decorum in the Judiciary.
> establishing a Committee on Decorum &
Investigation (CODI)
 Penalties
● Any person violating this act shall, upon
conviction, be penalized by imprisonment of not
less than six (6) months, or a fine of not less
than Ten Thousand Pesos (P10,000.00) nor
more that Twenty Thousand Pesos
(P20,000.00), or both such fine and
imprisonment at the discretion of the court.