r.a. 7877 - · PDF filecommitted an act constituting sexual harassment, as defined in Sec. 3...

r.a. 7877

JOFRED M. MARTINEZ, MAN, RNThe Teaching Profession

Educ 204

"Anti-Sexual Harassment Act

of 1995"

r.a. 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES

"Anti-Sexual Harassment Act of 1995"

Section 1

R.A. 7877 “Anti-Sexual Harassment Act of 1995”

r.a. 7877The 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 undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or

training environment are hereby declared unlawful.

Section 2Declaration of policy


Section 3 Work, Education or Training-related Sexual

Harassment


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, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;


Work related sexual harassment

The above acts would impair the employee’s rights or privileges under existing labor laws; or

The above acts would result in an intimidating, hostile, or offensive environment for the employee.


Education/training related sexual harassment

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

Against one whose education, training, apprenticeship or tutorship is entrusted 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 benefits, privileges, or considerations; or


Education/training related sexual harassment

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

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.


sexual harassmentmay take place

in the premises of the workplace or office or of the school or training institution;

in any place where the parties were found as a result of work or education or training responsibilities or relations;

at 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;

Civil Service Commission Resolution No. 01-0940Administrative Disciplinary Rules on Sexual Harassment Cases

sexual harassmentmay take place

at official conferences, fora, symposia or training sessions; or

by telephone, cellular phone, fax machine or electronic mail

Civil Service Commission Resolution No. 01-0940Administrative Disciplinary Rules on Sexual Harassment Case

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

Administrative Disciplinary Rules on Sexual Harassment Cases

Illustrative forms of sexual harassment

others Use of objects, pictures or graphics, letters or

writing notes with sexual underpinnings.


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;



Grave offenses4. 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

5. other analogous cases. Civil Service Commission Resolution No. 01-0940



Less Grave offenses1. unwanted touching or brushing against a victim’s

body;

2. pinching not falling under grave offenses;

3. derogatory or degrading remarks or innuendoes directed toward the members of one sex, or one’s sexual orientation or used to describe a person;



Less Grave offenses4. verbal abuse with sexual overtones; and

5. other analogous cases.



Light offenses1. surreptitiously looking or staring a look of a person’s

private part or worn undergarments;

2. 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;



Light offenses3. malicious leering or ogling;

4. the display of sexually offensive pictures, materials or graffiti;

5. unwelcome inquiries or comments about a person’s sex life;

6. unwelcome sexual flirtation, advances, propositions; Civil Service Commission Resolution No. 01-0940



Light offenses7. making offensive hand or body gestures at an employee;

8. persistent unwanted attention with sexual overtones;

9. unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver; and

10. other analogous cases.


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, prescribing the procedure for the investigation or sexual

harassment cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.


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 and prevent incidents of sexual harassment. It shall also conduct the investigation of the alleged cases constituting sexual harassment.


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;

4. Evidence, in support of the complainant, if any;

5. A certification of non-forum shopping.


Section 5liabilities

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, educational or training

institution is informed of such acts by the offended party and no immediate action is taken thereon.


Section 6independent 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.


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 not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.

Any action arising from the violation of the provision of this Act shall prescribe in three (3) years.


Section 8separability 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.


Section 9repealing 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.


Section 9effectivity clause

This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national

newspaper of general circulation.


G.R. No. 146053DIOSCORO F. BACSIN, petitioner,

vs. EDUARDO O. WAHIMAN, respondent.

case digest

Petitioner is a public school teacher of Pandan Elementary School, Pandan, Mambajao, Camiguin Province. Respondent

Eduardo O. Wahiman is the father of AAA, an elementary school student of the petitioner.

case digestFACTS OF THE CASE

AAA claimed that 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 breast. She stated that he fondled her breast five times, and that she felt afraid. A classmate of hers, one Vincent B. Sorrabas, claiming to have witnessed the incident, testified that the fondling incident did happen just as AAA related it.

case digestFACTS OF THE CASE

Petitioner was charged with Misconduct in a Formal Charge dated February 12, 1996 by Regional Director Vivencio N. Muego, Jr. of the CSC.

In his defense, petitioner claimed that the touching incident happened by accident, just as he was handing AAA a lesson book. He further stated that the incident happened in about two or three seconds, and that the girl left his office without any complaint.

RESOLUTION OF THE CSC

In Resolution No. 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 constituting sexual harassment, as defined in Sec. 3 of Republic Act No. (RA) 7877, the Anti-Sexual Harassment Act of 1995.

Petitioner filed a motion for reconsideration, but the same was denied in Resolution No. 99-0273 dated January 28, 1999.

case digest

case digestRESOLUTION OF THE CSC

Petitioner was charged with Misconduct in a Formal Charge dated February 12, 1996 by Regional Director Vivencio N. Muego, Jr. of the CSC.

In his defense, petitioner claimed that the touching incident happened by accident, just as he was handing AAA a lesson book. He further stated that the incident happened in about two or three seconds, and that the girl left his office without any complaint.

THANK YOU VERY MUCH!

quizTRUE OR FALSE

1. Sexual harassment can occur outside the work site and still be considered work related.

2. 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 flirting is practiced between mutually consenting individuals who are equal in power or authority.

quizTRUE OR FALSE

4. In order for it to be determined sexual harassment, the victim has to be of the opposite sex of the harasser.

5. Terms of endearment with co-workers, i.e. "honey," "dear" are considered verbal abuse and charges can be brought up against the employee.

quizESSAY

As a future educator, how can you ensure a learning environment that is free from acts of

sexual harassment?

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