HOUSE OF REPRESENTATIVES

SEVENTEENTH CONGRESS
Republic of the Philippines
Quezon City, Metro Manila

First Regular Session
8691

HOUSE BILL NO.

Introduced by Gabriela Women’s Party
Representatives ARLENE BROSAS and EMMI A. DE JESUS,
Bayan Muna Partylist Rep. Carlos Isagani Zarate, Anakpawis Partylist Rep. Ariel Casilao,
‘ACT Teachers Partylist Reps. Antonio Tinio and France Castro and
Kabataan Partylist Rep. Sarah Jane Elago

EXPLANATORY NOTE

As presently defined under Republic Act No. 7877, the crime of sexual harassment in the
work, education or training-related environments can be committed only by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor,
coach, trainor, or any other person who has authority, influence or moral ascendancy over
another. In other words, for a crime of sexual harassment to exist under the present law,
the person committing the act or the perpetrator must have authority, influence or moral
ascendancy over the victim, Thus, acts of sexual harassment committed by a peer,
colleague, classmate, co-worker or by a person of equal or lower rank, status or position or
by one without moral authority, influence or moral ascendancy are excluded froin the
coverage of the law. This is an inadequacy that must be addressed, It is a fact that sexual
harassment also occurs among and within this group in the same way that itis a fact that
sexual harassment regardless of the status of the perpetrator or of the victim can be just as
destructive of the environments that the law aims to protect from sexual harassment. It is
also as devastating to the victims of the acts sought to be prevented. Thus, this bill seeks to
amend the definition of sexual harassment by including what is called peer sexual
harassment,

However, since persons of authority, influence or moral ascendancy in the place of
employment, training or education, carry with them greater responsibility in promoting a
sexual harassment-free environment and considering that their authority, influence moral
ascendancy can be used or exploited to facilitate the commission of the crime, it is proposed
that the maximum penalties be imposed on them when they are found guilty of sexual
harassment.

The proposed amendments also clarify the following:
a) That, sexual harassment may be committed ina single or a series of acts;
b) That, sexual harassment may be physical, verbal or visual;

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©) That, sexual harassment may be committed with the use of available technology
including information communication technology or with any other means of commission;
and

4d) That, sexual harassment may be committed within or outside the place of
employment when the victim and the perpetrator are connected to or belonging in the
same place of employment, training or education.

Moreover, the duty of the employer or head of office to promote a sexual harassment-free
environment is further stressed by virtue of the following amendments:

1) The functions of the Committee on Decorum and Investigation (COD!) are
expanded and strengthened; and

2) In the section on the Liability of Employer, Head of Office, Education or Training
Institution, instances are provided when the employer, head of office, education or training
institution is presumed to have knowledge of sexual harassment and in any such case the
employer, if unable to overcome the presumption, is held liable for damages on top of what
the victim is awarded under labor or other laws.

Lastly, the penalties for the violation of the law are increased
With these proposed amendments, Gabriela Women’s Party hopes that our law against

sexual harassment will be more effective in the deterring the commission of that serious
crime called sexual harassment.

Hrwt é :

RLENEO. —_ REP. EMMI A. DE4ESUS
aie Women’s Party Gabriela Women’s Party
GANIZARATE REP. AJ(IEL CASILAO
Bayan Mua Partylist Anakpawis Partylist

Re. tke REP. me ‘STRO

ACT Teachers Rartylist, pny 's Partylist

JANE ELAGO
Kabatagh Partylist


HOUSE OF REPRESENTATIVES
SEVENTEENTH CONGRESS
Republic of the Philippines
Quezon City, Metro Manila

First Regular Session

HOUSE BILL NO. 8691

INTRODUCED BY GABRIELA WOMEN’S PARTY
REPRESENTATIVES ARLENE D. BROSAS and EMMI A. DE JESUS

AN ACT
EXPANDING THE DEFINITION OF SEXUAL HARASSMENT AND STRENGTHENING THE
MONITORING MECHANISMS, PROVIDING PROTECTIVE MEASURES AND PRESCRIBING
PENALTIES THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 7877, ALSO
REFERRED TO AS THE “ANTI- SEXUAL HARASSMENT ACT OF 1995”

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SEC. 1. Short Title. - This act shall be known as the “Expanded Anti-Sexual Harassment Act.”

‘SEC. 2. 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 are hereby declared unlawful

SEC. 3, Sexual Harassment Defined. ~ Sexual harassment is an act, or a series of acts, which
may be committed physically, verbally or visually or with the use of information and
communications technology or any other means or technology within or outside of the
place of employment, training or education by:

(a) An employer, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person, who having authority,
influence or moral ascendancy over another's work, training, education or
apprenticeship, commits or makes any unwanted, unwelcome or inappropriate sexual
advance, request or demand for sexual favor}
This provision also covers those who have authority or influence with regard to:
1. hiring, approving or granting appointments, re-employment or continued
employment, granting favorable compensation, terms and conditions of
employment, promotions or privileges, with respect to committing said acts
against their employees and applicants for employment or promotion; or

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2, admission to an educational or training institution, granting scholarships,
payment of stipends, allowances or other benefits, privileges or
considerations, with respect to committing said acts against their students
and applicants for admission or scholarship.

(b) Any person who commits or engages in any unwanted, unwelcome or
inappropriate sexual act, advance or sexually-based behavior against another person
where both victim and perpetrator are connected to or belonging in the same place of
employment, training or education.

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,

SEC. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training
Environment. - The employer or head of office in a work-related, education or training
environment or institution is hereby mandated to adopt a comprehensive, detailed, written
policy on sexual harassment, outlining the detailed procedure for the investigation of sexual
harassment cases and the administrative sanctions therefor. It shall be the duty of the
employer, or head of the work-related, educational or training environment or institution,
to prevent or deter the commission of acts of sexual harassment. Towards this end, the
employer or head of office shall:

(a) 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 guidelines or proper decorum within and outside the
workplace and educational or training institutions and the procedure for the
investigation of sexual harassment cases and the administrative sanctions therefore.

The said rules and regulations issued pursuant to this subsection (a) shall include,
among others, guidelines on proper decorum within and outside the workplace and
educational or training institutions;

(b) Create a Committee on Decorum and Investigation (COD!) for cases of sexual
harassment within one (1) year of the agency's existence/initial operations.

(c) Resolve sexual harassment cases within a period of fifteen (15) days from the
submission by the CODI of its report to the disciplining authority.

SEC. 5. Committee on Decorum and Investigation or CODI. The COD! shall have the
following functions:
(a) Receive complaints of sexual harassment which must be treated with utmost
confidentiality to protect all parties involved and maintain harmonious relationship in
the work are
(b) a, and act on the same within a period of two (2) working days upon the filing
of the complaint;
(c) Investigate sexual harassment complaints in accordance with the prescribed
procedure;
(d) Constitute a hearing committee for every sexual harassment case or in case
of sexual harassment committed within the premises by a person not connected by
reason of employment, training or education, assist the victim in filing the appropriate



charges with the police with the end in view of keeping the environment sexual
harassment-free;

(e) Within a non-extendible period of thirty (30) days from the last hearing or
filing of the last pleading or paper, submit a report of its findings with a corresponding
recommendation to the disciplining authority for decision;

(f) Lead in the conduct of discussions about sexual harassment within the
agency or institution to increase understanding and prevention of incidents of sexual
harassment;

{g) Undertake information and educational activities in the education and
training environment to the end that the school policy, rules, regulations, and
procedures on sexual harassment are disseminated to become part of the academic
culture in all public and private educational institutions nationwide;

(h) Formulate informal procedures of such nature as to elicit trust and
confidence on the part of interested parties in addressing problems arising from cases or
incidents of sexual harassment, including counselling and grievance management;

(i) Provide security and support measures to aggrieved parties or victims in
sexual harassment cases, especially when there are threats of retaliation; and

(i) Disseminate or post a copy of this act and the rules and regulations
mentioned in (a) above for the information of all concerned.

Places of work, training or education that employ or have less than twenty (20) people
are exempted from the creation of a CODI, Provided, that a particular employee is
designated to perform the above functions of the CODI

In the case of a work-related environment, the COD! 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 CODI shall be composed of at
least one (1) representative from the administration, the trainors, teachers, instructors,
professors or coaches and students or trainees, as the case maybe

When a member of the CODI is the complainant or the person complained of in a sexual
harassment case, said member shall be disqualified from participating as a member of the
COD! only with regard to the case he/she is involved in.

SEC. 6. Confidentiality. ~ The right to privacy of the victim shall be ensured at any stage of
the investigation, prosecution and trial of an offense under this Act, unless disclosure is
explicitly authorized by the victim. Violation of this provision shall be subject to penalty
provided for under Section 9 of this Act.

SEC. 7. Liability of the Employer, Head of Office, Educational or Training Institution. - The
employer or head of office, educational or training institution shall be solidarily liable for
damages arising from the acts of sexual harassment committed within or outside the
employment, education or training environment if the employer or head of office,
educational or training institution has knowledge or is presumed to have knowledge of such
act or acts constituting sexual harassment and no immediate action is taken thereon.



The employer or head of office is presumed to have knowledge of such act or acts
constituting sexual harassment under any of the following instances:

(a) If the management failed to comply with provisions of Section 4 of this Act;

(b) If a complaint was made before the COD! or authority designated to receive
complaints and investigate cases of sexual harassment as provided in the rules and
regulations it is mandated to prescribe; and

(c) If the harassment is openly practiced or well-known among employees,
students on trainees.

In the case of employment-related sexual harassment that results to the constructive
dismissal of the employee, the employer who is found liable under the provisions of this Act
shall also be liable for damages.

SEC. 8, Independent 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

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

SEC. 9, 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 Fifty Thousand Pesos (PHP50,000.00) but not more than Two
Hundred Thousand Pesos (PHP200,000.00), or both such fine and imprisonment at the
discretion of the court. If the perpetrator is the employer, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person who has
authority, influence or moral ascendancy over another's work, training or education, the
maximum penalties shall be imposed

Violation of Section 6 of this Act shall be punishable with a fine of not less than
Twenty Thousand Pesos (Php20,000.00) but not more than Fifty Thousand Pesos
(Php50,000.00).

Any action arising from the violation of the provisions of this Act shall prescribe in
three (3) years except for administrative cases which shall be imprescriptible.

SEC. 10. Monitoring Mechanism, ~ The Civil Service Commission (CSC), the Department of
Labor and Employment (DOLE), the Department of Education (DepEd), the Commission on
Higher Education (CHED) and the Technical Education and Skills Development Authority
(TESDA) are mandated to monitor public and private offices and educational and training
institutions with regard to their compliance to the provisions of this Act. In particular said
agencies shall:
(a) Mobilize their respective regional offices to regularly monitor the
implementation of the Act;
(b) Issue the appropriate memorandum or order to their regional offices,
directing them to monitor the compliance of employers, agencies, and educational and


training institutions to the provisions of this Act and where necessary, immediately act
on request for assistance or complaints of non-action of employers, agencies and
educational and training institutions on harassment complaints; and

{c) Annually provide the Philippine Commission on Women (PCW) a monitoring
report on the implementation of this Act.

SEC. 11, Implementing Rules and Regulations, - The CSC, in the case of the public sector,
and the DOLE, in the case of the private sector, shall formulate the Implementing Rules and
Regulations (IRR) of this Act within one hundred and eighty (180) days after its effectivity
together with the PCW, the DepEd, the CHED, the TESDA and all concerned government
departments and agencies including, as observers, both Houses of Congress through the
Committee on Youth, Women and Family Relations (Senate) and the Committee on Women
and Gender Equality (House of Representatives) and with the participation of
representatives from non government organizations (NGOs) and civil society groups with
proven track record of involvement in the promotion of the rights and welfare of Filipino
women and girls,

SEC. 12. Separability Clause. — If any provision of this Act is declared unconstitutional, the
remainder of this Act or any provisions not affected thereby shall remain in full force and
effect,

SEC. 13. Repealing Clause. — Republic Act No. 7877, also referred to as the “Anti Sexual
Harassment Act of 1995,” is hereby repealed. All other laws, decrees, executive orders,
rules and regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
official gazette or in a newspaper of general circulation

Approved,