FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENATE 
S. No. 1952 
EXPLANATORY NOTE 
SF'" ~l it, 
OFFICE Of i,4C ;:,Ef:fiET,'I,r,y 
1 0 JUL 22 P 5 :50 
It is incumbent upon any employer to take certain active measures to promote equality at 
the workplace. 
This bill seeks to define the parameters of responsibility of any employer in cases of 
sexual harassment in the workplace. It should, therefore, be emphasized that an employer is 
duty-bound to ensure that the company's policy on sexual harassment be known to employees 
from the start of their employment and that such acts cannot, in any way, be tolerated. 
The proposed measure proposes that the present rules concerning sexual harassment in 
the Act be strengthened by adding in the definition of sexual harassment in tlie Sexual 
Harassment Law the notion of the act as "an unwelcome behavior of a sexual nature or other 
unwelcome behavior based on sex, that violates the employee's integrity at work." 
This proposed legislation also ilnproves the current policy so that it becomes fully 
evident that every employer is obliged to take active measures to prevent and hinder an 
employee from being exposed to sexual harassment. The employer must make clear in a general 
staff policy statement that sexual harassment involving employees cannot in any way be 
tolerated. This policy must be made known to the employees. It is equally important that routines 
are devised for dealing with alleged or factual sexual harassment. The employer who does not 
fulfill the above-stated obligations, including the conduct of investigation on sexual harassment 
complaints, run the risk of having to do so under the penalty of a fine. 
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This is a senate counterpart bill to one filed in the House of Representatives by Rep. 
Roseller L. Barinaga. 1 
1 This was originally filed during the 14th Congress 1" Regular Session 
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Sf 1\) r,-.l L 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OFfiCE OF TH(; SE('HETAlW 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
10 
JUL 22 P5 :50 
SENATE 
S. No. 1952 
Introduced by Senator Miriam Defensor Santiago 
I 
AN ACT 
2 
TO DEFINE THE PARAMETERS OF RESPONSIBILITY OF AN EMPLOYER IN CASES 
3 
OF SEXUAL HARASSMENT IN THE WORKPLACE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
. 
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SECTION 1. Declaration of Policy. - It is hereby declared to be the policy of the State to 
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ensure that the company's policy on sexual harassment be known to employees from the start of 
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their employment and that such acts cannot, in any way, be tolerated. 
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SECTION 2. Definition. - The definition of sexual harassment in the "Sexual Harassment 
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Law" is further amended to refer to any unwelcome behavior of a sexual nature or other 
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unwelcome behavior based on sex, which'violates the employee's integrity at work. 
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SECTION 3. Responsibility of the Employer. - Every employer shall be obliged to take 
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active measures to prevent and hinder an employee from being exposed to sexual harassment. 
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Pursuant to this, an employer is mandated to devise routines for dealing with allegations sexual 
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harassment. 
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SECTION 4. Conduct of Investigation. - An employer who receives information that an 
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employee has been exposed to sexual harassment by another employee shall be required to 
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conduct investigation of the circumstances surrounding the alleged harassment. Where 
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necessary, the employer must take such necessary steps as can be reasonably required to prevent 
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continued sexual harassment. 
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SECTION 5. Penalty. - An employer who fails to fulfill the provisions of Sections 3 and 
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4 shall be liable to pay damages to an injured employee. In cases where the employer is the one 
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.. 
1 
sexually harassing an employee, the rules in the Revised Penal Code concerning molestation or 
2 
sexual molestation shall be applicable. 
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SECTION 6. Repealing Clause. - All laws, decrees, rules and regulations or parts thereof, 
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which are contrary to or inconsistent with this Act are hereby repealed or modified accordingly. 
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SECTION 7. Separability Clause. - If any provision of this Act is declared 
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unconstitutional, the same shall not affect the validity and effectivity of other provisions thereof. 
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SECTION 8. Effectivity. -This Act shall take effect fifteen (15) days from its publication in two 
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national papers of general circulation after its approval by the President. 
Approved, 
2