3. Sexual Harassment - Uninvited and
unwelcome behavior of a sexual nature
especially by a person in authority towards a
subordinate
Sexual – Does not just involve the act itself but
anything that has to do with or related to the
reproductive organs or behavior which is
sexually mmotivated or has sexual desires
Ascendancy – Governing or controlling
influence
6. Under Section 3
In work-related or in employment environment
This is committed when a person demands,
requests, or requires sexual favors from
another person in exchange for another
thing such as hiring for employment, re-
employment, or continued employment,
granting favorable compensation, terms of
conditions, promotions, or privileges.
Refusal to accept sexual favors would
mean discrimination or deprivation of
employment opportunities.
It is also sexual harassment if the sexual
favors would result to abuse of rights
under the labor law and an environment
that is intimidating, hostile, or offensive for
the victim.
Who commits: This may be committed by an
"employer, employee, manager, supervisor,
agent of the employer, any other person who,
having authority, influence or moral
ascendancy over another in a work
environment, demands, requests or otherwise
requires any sexual favor from the other."
7. Under Section 3
In education or training environment
This is committed when a person
demands, requests, or requires sexual
favors from a student in exchange for
“giving a passing grade, or the granting
of honors and scholarships, or the
payment of a stipend, allowance or other
benefits, privileges and considerations.”
Just the same, if the sexual favors would
result to an “intimidating, hostile or
offensive environment for the student,
trainee, or apprentice,” they are also
considered sexual harassment.
Who commits: committed by a "teacher,
instructor, professor, coach, trainor, or any
other person who, having authority,
influence, or moral ascendancy over
another...demands, requests, or otherwise
requires any sexual favor from the other."
8. Under the Civil Service Commission Resolution Number
01-0940, a set of administrative rules for government
employees, forms of sexual harassment include:
malicious touching
overt sexual advances
gestures with lewd insinuation
requests or demands for sexual favors, and lurid
remarks
use of objects, pictures or graphics, letters or writing
notes with sexual underpinnings
other forms analogous to the ones mentioned
9. The Women’s Development Code of Davao City, which Duterte himself
signed as mayor, aims to protect the rights of women by punishing those
who committ sexual harassment, among other things.
Under Section 3 of the ordinance, "unwelcome sexual advances, requests
for sexual favors, or other verbal or physical behavior of a sexual nature,
made directly, indirectly or impliedly" can be considered sexual
harassment.
The following are considered forms of sexual harassment:
persistent telling of offensive jokes, such as green jokes or other
analogous statements to someone who finds them offensive or
humiliating
taunting a person with constant talk about sex and sexual innuendos
displaying offensive or lewd pictures and publications in the
workplace
10. interrogating someone about sexual activities or private life
during interviews for employment, scholarship grant, or
any lawful activity applied for
making offensive hand or body gestures at someone
repeatedly asking for dates despite verbal rejection
staring or leering maliciously
touching, pinching, or brushing up against someone’s body
unnecessarily or deliberately
kissing or embracing someone against her will
requesting sexual favors in exchange for a good grade,
obtaining a good job or promotion, etc
cursing, whistling, or calling a woman in public with words
having dirty connotations or implications which tend to
ridicule, humiliate or embarrass the woman such
as “puta” (prostitute), “boring,” “peste” (pest), etc
any other unnecessary acts during physical examinations
requiring women to wear suggestive or provocative attire
during interviews for job hiring, promotion, and admission
11. According to the Philippine Statistics
Authority, sexual harassment may
happen in the following:
premises of the workplace or office or
of the school or training institution
any place where the parties are found,
as a result of work or education or
training responsibilities or relations
work- or education- or training-related
social functions
while on official business outside the
office or school or training institution
or during work- or school- or training-
related travel
at official conferences, fora, symposia,
or training sessions
by telephone, cellular phone, fax
machine, or electronic mail
12. Physical
Malicious touching/acts of
lasciviousness/lewdness
Overt sexual advances
Gestures with lewd Insinuation
Verbal
Requests or demands for sexual favors
Lurid Remarks
13. Also:
Use of Objects, Pictures/Graphics, Letters or
Written Notes with Sexual Underpinnings
14. Grave Offenses
a. unwanted touching of private parts of the body
(genitalia, buttocks, and breast);
b. sexual assault;
c. malicious touching;
d. requesting for sexual favor in exchange for
employment, promotion, local or foreign travels,
favorable working conditions or assignments, a
passing grade, the granting of honors or
scholarship, or the grant of benefits or payment of
a stipend or allowance; and
e. other analogous cases.
15. Less Grave Offenses
a. unwanted touching or brushing against a
victim’s body;
b. pinching not falling under grave offenses;
c. derogatory or degrading remarks or innuendoes
directed toward the members of one sex or one’s
sexual orientation or used to describe a person;
d. verbal abuse or threats with sexual overtones;
and
e. other analogous cases.
16. Light Offenses
a. surreptitiously looking or stealing a look at a person’s
private part or worn undergarments;
b. telling sexist/smutty jokes or sending these through text,
electronic mail or other similar means, causing
embarrassment or offense and carried out after the offender
has been advised that they are offensive or embarrassing or,
even without such advise, when they are by their nature
clearly embarrassing, offensive or vulgar;
c. malicious leering or ogling;
d. the display of sexually offensive pictures, materials or
graffiti;
e. unwelcome inquiries or comments about a person’s sex
life;
f. unwelcome sexual flirtation, advances, propositions;
17. g. making offensive hand or body gestures at
an employee;
h. persistent unwanted attention with sexual
overtones;
i. unwelcome phone calls with sexual
overtones causing discomfort, embarrassment,
offense or insult to the receiver; and
j. other analogous cases.
18. Grave offenses – Dismissal
Less grave offenses
1 st offense - Fine or suspension for thirty (30) days but
not exceeding six (6) months
2 nd offense – Dismissal
Light offenses
1 st offense - Reprimand
2 nd offense - Fine or suspension not exceeding thirty
(30) days
3 rd offense – Dismissal
WHAT IF THE RESPONDENT IS FOUND GUILTY OF
TWO (2) OR MORE CHARGES OR COUNTS?
The penalty to be imposed shall be that corresponding to the
most serious charges or count and the rest shall be considered
as aggravating circumstances.
19. A fine of Php 10,000 – Php 20,000
Imprisonment of 1-6 months
-Both on the discretion of the court based on the
gravity of the offense
20.
21. It shall be the duty of the employer or the head of
the work-related, educational or training
environment or institution, to prevent or deter the
commission of acts of sexual harassment and to
provide the procedures for the resolution,
settlement or prosecution of acts of sexual
harassment.
22. To Promulgate appropriate rules and
regulations in consultation with and jointly
approved by the employees or students or
trainees, through their duly designated
representatives, prescribing the procedure for
the investigation of sexual harassment cases
and the administrative sanctions therefor.
The said rules and regulations issued shall
include, among others, guidelines on proper
decorum in the workplace and educational or
training institutions.
23. To Create a committee on decorum and
investigation of cases on sexual harassment.
The committee shall conduct meetings, as the
case may be, with officers and employees,
teachers, instructors, professors, coaches,
trainors, and students or trainees to increase
understanding and prevent incidents of sexual
harassment. It shall also conduct the
investigation of alleged cases constituting
sexual harassment.
24. Full name and address of the complainant
Full name, address and position of the
respondent
Brief statement of the relevant facts
Evidence, in supporting the complainant, if any
A certification of non-forum shopping
25. In the case of a work-related environment, the
committee shall be composed of at least one (1)
representative each from the management, the union,
if any, the employees from the supervisory rank, and
from the rank and file employees.
In the case of the educational or training institution,
the committee shall be composed of at least one (1)
representative from the administration, the trainors,
instructors, professors or coaches and students or
trainees, as the case may be.
- The term of office of Committee on Decorum and
Investigation shall be two (2) years.
-The employer or head of office, educational or training
institution shall disseminate or post a copy of this Act for
the information of all concerned.
26. The employer or head of office, educational or
training institution shall be solidarily liable for
damages arising from the acts of sexual
harassment committed in the employment,
education or training environment if the
employer or head of office, educational or
training institution is informed of such acts by
the offended party and no immediate action is
taken.
27. Yes. Administrative sanctions shall not be a bar to
prosecution in the proper courts for unlawful acts
of sexual harassment.
28. Yes, under section 6 of the law provides:
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.
29. The Anti-Violence Against Women and Their
Children Act, also known as Republic Act 9262,
also considers sexual harassment as a form of
violence against women.
Section 3 of the law says that sexual violence
refers to “rape, sexual harassment, acts of
lasciviousness, treating a woman or her child
as a sex object, making demeaning and
sexually suggestive remarks.”
30. The PCW provides a rationale for expanding the RA 7877
The Anti-SH Act of 1995 has been considered a landmark
legislation as it finally gave a name and legal recognition
to such unwelcome sexual advances. The law defines
Sexual Harassment as “committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor, or any other person who, having
authority, influence or moral ascendancy over another in a work
or training or education environment, demands, requests or
otherwise requires any sexual favor from the other, regardless of
whether the demand, request or requirement for submission is
accepted by the object.
31. However, the definition of sexual harassment in
RA7877 is limiting. It does not specifically address the
issue of "hostile environment" (resulting from) sexual
harassment between peers or co-employees.5 Under
the law, sexual harassment presupposes the existence
of authority, influence or moral ascendancy between
the offender and the offended party. But in many
instances, both the offender and the offended party
are peers or have the same rank or status, while in
some cases, the offended party happens to be the
superior officer. These circumstances could not be
considered as sexual harassment within the context of
R.A. 7877.
32. According to the Civil Service Commission, a total of 150
cases of sexual harassment have been recorded, from 1994 to
2012, of which 101 cases were resolved, while 20 were
referred to the agencies involved. Data on Compliance of
Higher Educational Institutions with RA 7877 show that in
2011, 42 complaints from State Universities and Colleges
(SUCs) and 49 complaints from Private Higher Education
Institutions (HEIs) were reported to CHED. However, the
number of cases in the private sector is difficult to account
due to lack of a centralized reporting system. These
numbers do not completely represent the situation of sexual
harassment in the Philippines, but show that it is happening
in the educational or training institutions, in the workplace
and even in religious institutions. Many women do not
report cases simply because of the stigma that still exists, or
because their cases do not fall within the purview of the
current Anti-SH law.
33. The consequences to the individual employee can
be many and serious. In some situations, a
harassed woman risks losing her job or the chance
for a promotion if she refuses to give in to the
sexual demands of someone in authority. In other
situations, the unwelcome sexual conduct of co-
workers makes the working conditions hostile and
unpleasant- putting indirect pressure on her to
leave the job. Sometimes, the employee is so
traumatized by the harassment that she suffers
serious emotional and physical consequences and
very often, becomes unable to perform her job
properly.
34. The consequences to working women as a group are no less
serious. Sexual harassment has a cumulative, demoralizing
effect that discourages women from asserting themselves
within the workplace, while among men it reinforces
stereotypes of women employees as sex objects. Severe or
pervasive sexual harassment in certain types of businesses
creates a hostile or intimidating environment that causes
women to leave their jobs and look elsewhere for work or
discourages them from seeking those jobs in the first place.
The effect on the morale of all employees can also be serious.
Both men and women in a workplace can find their work
disrupted by sexual harassment even if they are not directly
involved. Sexual harassment can have a demoralizing effect on
everyone within range of it, and it often negatively impacts
company productivity on the whole.
