Sexual Harassment (R.A. 7877)

What’s the difference between “Good morning, sir” and “Sir, morning na”? Well, the latter may mean lots of things, one of which is sexual harassment. I know there are hotter issues of these days, but in the meantime, let’s shift and set our hands on sexual harassment (pun intended). Republic Act 7877, also known as the “Anti-Sexual Harassment Act of 1995″, covers only the superiors in a work, education or training-related environment.

(a) In a work-related or employment environment, sexual harassment is committed when:

(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, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

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

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

(b) In an education or training environment, sexual harassment is committed:

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

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) 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
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

Sexual harassment is 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 of the act. The crime of sexual harassment is punishable by imprisonment of not less than 1 month nor more than 6 months, and/or a fine of not less than P10,000.00 nor more than P20,000.00.


15 thoughts on “Sexual Harassment (R.A. 7877)”

  1. We really need that firm implementation of the RA 7877 in Philippine school settings. Many professionals are indeed doing the harassment to their poor teachers.
    My school mate is one of the million victims. what’s worst is that, those professionals who are in the position to do an action to help this poor fellow student are also the ones covering up this mess..

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    1. i will be having a class discussion concerning this matter on sunday. glad i’ve seen your post here.. this serves as a big help for me.. thank you..
      by the way, one sophisticated and well-educated professor in ou school was kicked out because of sexual harassment, bad thing about it was that, he was harassing a male student instead of a female one.. i guess he is a pervert, too.

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  2. And yet….many professionals (teachers i mean)
    are the ones doing this heinus crime…hahaha

    Matulad sana sila kay Erap…

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  3. I know someone who is guilty of sexual harassment, both student-on student sexual harassment and teacher to student sexual harassment.I am contemplating on testifying against him.

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    1. “sexual harassment is 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 of the act.”
      meaning.. STUDENT-ON-STUDENT can not be considered as an act of sexual harassment.

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  4. Sir:
    Does a mere text messages of sexual contents (to have inter-course) sent by a man to a woman who is younger at his age but already at legal age constitute sexual harassment? A lot text messages sexually and morally offensive and harassment including threat being sent to the lady who had no relation with the sender. He also reportedly stalking the lady at her house during night time. Is there any law and case that can be filed against the suspect.

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  5. Is inappropriate, offensive, vulgar, suggestive, abusive, harassing, belligerent, threatening, defamatory text from a male co-worker means harassment from a womens end? Yung may bobo, tanga, binabastos ng harap harapan, iniinsulto ng harap-harapan etc etc (included in his text) would be a proof of how i am treated here sa office. Sad to say, we dont have yet a company’s employees handbook, on process pa. Pero can i make a complaint against my co-worker na nambabastos sakin since i have solid proof from also a co-workers text? Sad to say, pet ng boss ko yung 2 binabanga ko kaya natatakot ako. Please, I need your advice. Thanks a lot!

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  6. Does the anti sexual harassment policy of a company (private) needs to be published in a newspaper of general circulation for 3 consecutive days to make it legal and also binding with the employees?

    Please do send your reply to my email also. I really need your reply asap please.

    Thanks. Jack

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  7. 3 years ago I posted that comment on top. Indeed, my comment regarding school setting harassment, happened in our university. As far as I could remember, the higher authorities in the said school took an action to it however, it was so slow and the professor is still there. The student graduated without regaining her honor and dignity as her case was publicized and she became “famous” to the public eye. She just shut her mouth and live her life as if nothing happens, but somehow I know, deep inside her.she is hungry of justice.but nothing happened. Hopefully, this wont be happening to someone else or to any institution. Take action..affirm your rights!

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  8. If a male teacher is close with his few male high school students, and they are doing the “boy things” together, like trying to use condoms, showing off their bodies and sexual organs to one another, is this considered sexual harassment? Please reply directly to my email.

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    1. If the male high school students are forced by the teacher to perform lewd acts in exchange for good grades, then the acts you narrated may be considered as sexual harassment.

      However, if said students perform the lewd acts in mutual consent with the teacher, then this constitute immoral and disgraceful conduct. Such conduct may be sanctioned under rules in the faculty handbook or student handbook.

      Further, if such lewed behavior is done in public resulting to people getting scandalized, then a criminal complaint may also be filed against the concerned parties.

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  9. I’m glad I come across on this site. I know this would be a big help. Our company has no provision on anti sexual harassment – a clear violation of the law that employers has to post it for everyone to know and be included in training for new employees.What is worst is that the “highest ranking official” in the office is the aggressor and of course no one has the guts to come out and complain. Just recently, an employee came to the manager to report an act of sexual harassment. The management has made no action yet because the aggressor has a higher position than the manager. It was only after a day that the manager talked to the aggressor telling him about the complain, But the aggressor said “never mind them”. The manager doesn’t want it to appear like the case is ignored, However, the victim was advised that the issue will be raised to the CEO who is coming after a week. The owners of the company are foreign nationals – to include the aggressor. The victim along with the others already came out talking about their own experiences although they are still afraid to complain formally. Please enlighten us what to do.

    Thank you very much.

    Thank you very much.

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  10. Good day friends, I’m a victim of sexual harassment. I came to this website with high hopes of gaining knowledge on how I can fight for my rights in the most legal way.

    But all I understood is that the parties involved is someone authoritative and someone who’s either a student, employee, worker… Can anyone of you provide me any resources regarding the law or a case study based in the Philippines regarding sexual harassment between 2 students?

    Thanks. Keep Fighting!

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  11. @thesilenteyecatcher :

    Hello there.

    I hope you don’t mind me asking but in what way were you harassed?

    If the case would not fall under the Sexual Harassment law, you may check out RA 9262 (AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES).

    Otherwise, the act committed may simply be vexatious.

    That’s my two cents worth on the matter.

    Hope it helps your cause.

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  12. What if the case is like this: a teacher is being accused of sexual harassment without showing an evidence but only verbal statement of the student,.. Doesn’t the teacher have any rights about destroying his dignity on this matter? I hope RA 7877 is not only favorable to the students what about the right of a teacher, any students could able to destroy teacher’s name especially if they had bad grade from the teacher which is not favorable to them. Fair justice, d0 n0t be 0ne Sided…

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