Know your rights!: RA 7877 or the Anti-Sexual Harassment Act of 1995

Hello everyone! It has been twenty-two days since my wife and I shared something to you. Is that correct?  And we do not wish to add more to those dates when we were absent. Anyway, we both had been so busy running and doing errands in our respective schools for the end of this academic year and a start of a new one. I cannot wait for the new set of challenges to come!

Too much of that, to keep you updated with the statutes and laws which are important to you, we bring you the Republic Act 7877 or the Anti-Sexual Harassment Act of 1995. Please take note that this law does not only ensure the safety of women at work but also of men. Any person can be vulnerable especially when the perpetrator is of power particularly in the office where the person is working.

What is Sexual Harassment?
This means that sexual harassment occurs in public spaces which is almost everywhere. The principle of this law is that school and other institutions should be a safezone for everyone to obtain a harmonious working environment. To attain harmonious working environment allows growth and development.

The celebration of Women's Month in the Philippines has ended in the month of March but it does not mean that we only give importance to women on that month alone.

It is of great significance that we continue to educate women, children, and even ourselves of our rights as inidividuals to have a harmonious life and working relations with others.

In accordance to RA 7877, sexual harassment is defined as an act "committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any person who, having authority, influence ormoral ascendancy

Please take note that the offenders of the sexual harassment are not done alone by those who we are working with by also by clients and other people around this. This entry would just give light in the application of the said law in the workplace

In continuation, let us know how is work-related sexual harassment committed. This is important to know beause regardless of our gender orientation, we are all prone to such act in our respective offices.

1. The sexual favor is made as a condition in the employment, re-employment, continuation of employment of an individual. It can also be done during the granting of individual favorable compensation, terms, conditions, promotions, or privileges.

If the person refused for the sexual favor, then it might result to limiting, classifying, or segregating the individual that often lead to being discriminated and even deprived of opportunities at work.

2. The acts stated above would lead for the employee's rights or privileges to be impaired under existing labor laws;

3. The above acts would  also lead for the employee to be intimidated, hostiled, and experience offensive environment.

Another thing that we must also bear in mind is that when an employee experiences this in the office, that might also lead for the person to leave the office to look for another job because of the of insecurity that the hostility has brought him or her. If not, the employee's performance might be affected because of frequent absences to avoid the perpetrator. I used both of the genders as often times, men also experience such hostility in the office.

Now, how is Education or Training-related Sexual Harassment Committed? It can be done on the following according to the law:

1. Against one who is under the care, custody or supervision of the offender;

2. Against one whose educatio, training,  apprenticeship, or tutorship is entrusted to the offender; Please take note that sexual harassment act committed against a minor shall be penalized under the Anti-Child Abuse law

3. When the sexual favor is made to the giving of a passing grade, granting of honors and scholarships, or the payment of stipend, allowance or other benefits, privileges, or consideration; It is important to know that such cases had existed before the this law was ratified. Even until now, there is a numerous complaints particularly coming to college students

4. When the sexual advencaes result in an intimidating, hostile, or offensive environment for the student, trainee or apprentice. 

Please take note also that a person who directs or induces another person to commit any act of sexual harassment or who cooperates to commit the act, without which the said act would not have been committed, will also be held liable under the law.

 

If you experienced sexual harassment in the office, you can talk to your immediate supervisor or to your Human Resource officer or head. Or if you know somehow who is a victim of sexual harassment, please share this information to them.

It is the duty of the employer of the head of office to prevent the incidence of sexual harassment acts. The head of the office is also mandated to provide procedires for the resolution, settlement or prosecution of sexual harassment. In line with this, the employer or the head of the office shall do the following according to the law:

1. Promulgate appropriate rules and regulations in consulation with and jointly approved by the employees or students or trainees, through their duly designated representatives. Said rules and regulations shall prescribe the procedures for the investigation of sexual harassment cases and the administrative sanctions thereof.

It is important to note that the said rules and regulations should include guidelines and proper decorum in the workplace and educational or training institutions. Also, the administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.

2. Create a Committee on Decorum and Investigation [CODI] of case on sexual harassment. The committee shall conduct meetings or as the case may be, with the 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.

In the cases of work-related environment, the committee shall be composed of at least one (1) representative each from the managment, 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, teachers, instructors, professors or coaches and students and trainees, as the case may be.

The head of office or employer, educational or training institution shall dissemenate or post a copy of RA 7877 for the information of the concerned.

But what if the head of the office did not undertake any action despite the fact that he or she has a knowledge about the sexual harassment acts committed against you? The head of the office will then be held liable for the damages arising from the acts of sexual harassment.

Can an offended party seek for redress by taking independent action? The offended party may take action independently for the damages incurred or took place in the sexual harassment act. He or she may also avail of relief.

Now, this is the fun part. What are the penalties for the offenders? The person who violated the provisions of the law shall be penalized for imprisonment of 1 to 6 months. Or the person shall also be fined of not less than Php10,000.00 to Php20,000.00. There are also instances that the court shall fine and imprison the fine the perpetrator.

Source: The reference for the entire article has been taken in an IEC material from the Philippine Commission on Women [PCW].

A.M. NO. 03-03-13-SC Rule on Administrative Procedure in Sexual Harassment Cases and Guidelines on Proper Work Decorum in the Judiciart. Supreme Court, December 2004

You can contact Information Resource Management Division (IRMD)

1145 J.P. Laurel St., San Miguel, Manila, Philippine

(02) 735 -1654

Email: [email protected]; [email protected]

www.pcw.gov.ph

If you seek for help, you can visit the following offices:

- Civil Service Commission for the government sector employees

- Deparment of Labor and Employment for private sector employees

- Philippine National Police under the Women and Children Protection Center

- National Bureau of Investigation under the Anti-Violence Against Women and Children Desk

- DOJ - Public Attorney's Office

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