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

EIGHTEENTH CONGRESS:
FIRST REGULAR SESSION

House Bill No, 1444

INTRODUCED BY REPRESENTATIVE LUIS JOSE ANGEL N. CAMPOS, JR.

EXPLANATORY NOTE

The fact that we have to export human capital because of better opportunities
abroad is by itself already troubling. What is unacceptable is our lack of protection for
our people who while being separated from their families are sexually abused. There
are also reports of such abuse being done the people who were tasked to protect them.

It must be emphasized that Republic Act No. 7877 or the “Anti-Sexual
Harassment Act of 1995” DOES NOT cover the officials and employees of our
diplomatic and consular offices abroad.

This bill cures this defect in our law, by proposing to cover errant diplomatic
and/or consular officials and employees, providing sanctions therefor, and increasing
the penalties provided by R.A. No. 7877.

In line with the foregoing the passage of this bill is earnestly sought.

>
REP. LUIS JOSE ANGEL N. C;

ro


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

FIGHTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill No. 1444

INTRODUCED BY REPRESENTATIVE LUIS JOSE ANGEL N. CAMPOS, JR.

AN ACT EXPANDING THE COVERAGE OF THE ANTI-SEXUAL HARASSMENT
ACT OF 1995, TO INCLUDE OFFICERS AND EMPLOYEES OF OUR DIPLOMATIC
AND CONSULAR ABROAD, THEREBY AMENDING REPUBLIC ACT No. 7877.

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

Section 1. This Act shall be called the “Expanded Anti-Sexual Harassment Act of 2019”.
Section 2. - Section 2 of Republic Act No. 7877 is hereby amended to read as follows:

“SECTION 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, HERE AND OVERSEAS, employees,
applicants for employment, students or those undergoing training, instruction or
education, INCLUDING FILIPINOS SEEKING REFUGE OR ASSISTANCE IN ANY
FORM FROM A PHILIPPINE DIPLOMATIC/CONSULAR POST. Towards this end, all
forms of sexual harassment in the employment, education or training environment
AND IN ALL DIPLOMATIC/CONSULAR POSTS are hereby declared unlawful.”

Section 3. There is hereby provided a Sec. 3-A ta R.A. No. 7877, to read as follows:

“Sec. 3-A. SEXUAL HARASSMENT BY DIPLOMATIC/CONSULAR
PERSONNEL DEFINED - SEXUAL HARASSMENT IN A DIPLOMATIC/CONSULAR
POSE IS COMMITTED BY AN EMPLOYEE, CAREER OFFICER OR LOCAL HIRE OR
BY ANY PERSON, WHO HAVING AUTHORITY, INFLUENCE OR MORAL
ASCENDANCY OVER A DISTRESSED OVERSEAS FILIPINO WORKER IN HIS OR
HER AREA OF JURISDICTION, DEMANDS, REQUESTS OR OTHERWISE REQUIRES
SEXUAL FAVOR FROM THE OTHER, REGARDLESS OF WHETHER THE DEMAND,
REQUEST OR REQUIREMENT FOR SUBMISSION IS ACCEPTED BY THE OBJECT OF
SAID ACT.

A. IN DIPLOMATIC/CONSULAR POST, SEXUAL HARASSMENT IS COMMITTED
WHEN:

1. THE SEXUAL FAVOR IS MADE AS A CONDITION IN THE REPATRIATION OF
SAID INDIVIDUAL, IN GIVING ASSISTANCE, OR IN THE FILING OF A CASE
AGAINST HIS OR HER ABUSIVE EMPLOYER OR FOREIGN AGENT; OR WHEN.


THE REFUSAL TO GRANT THE SEXUAL FAVOR BEARS WITH IT A THREAT TO
RETURN SAID INDIVIDUAL TO HIS OR HER EMPLOYER OR FOREIGN AGENT;

2. THE ABOVE ACTS WOULD RESULT IN AN INTIMIDATING, HOSTILE, OR
OFFENSIVE ENVIRONMENT FOR THE DISTRESSED OVERSEAS FILIPINO
WORKER.

3. THE SEXUAL FAVOR IS ASKED OF ANY FILIPINO SEEKING REFUGE IN AN
EMBASSY-RUN SHELTER OR ANY DIPLOMATIC/CONSULAR OFFICE.

ANY DIPLOMATIC/CONSULAR PERSONNEL 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 HAVE NOT BEEN COMMITTED, SHALL ALSO BE
HELD LIABLE UNDER THIS ACT.”

Section 4. Sec. 4 of R.A. No. 7877, is hereby amended to read as follows:

“SECTION 4. Duty of the Employer or Head of Office in a Work-related,

Education or Training Environment OR HEAD OF POST WITH JURISDICTION OVER
OFWs. - It shall be the duty of the employer or the head of the work-related,
educational or training environment or institution, OR THE HEAD OF
DIPLOMATIC/CONSULAR POST WITH JURISDICTION OVER FILIPINO MIGRANT
WORKERS, to prevent or deter the commission of acts of sexual harassment and to
provide the procedures for the resolution, settlement or prosecution of acts of sexual
harassment. Towards this end, the employer or head of office, OR HEAD OF
DIPLOMATIC/CONSULAR POST shall:
(a) Promulgate appropriate rules and regulations in consultation with and jointly
approved by the employees or students or trainees OR OVERSEAS FILIPINO
WORKERS, through their duly designated representatives, prescribing the procedure
for the investigation of 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] The said rules and regulations issued pursuant
to this subsection (a) shall include, among others, guidelines on proper decorum in the
workplace and —_ educational or ~—_— training —_ institutions, © AND — IN
DIPLOMATIC/CONSULAR POSTS WORLDWIDE.
(b) Create a committee on decorum and investigation of cases on sexual harassment.
The committee shall conduct meetings, as the case may be, with officers and employees,
teachers, instructors, professors, coaches, trainors, and students or trainees, AND IN A
DIPLOMATIC/CONSULAR POSTS WITH DIPLOMATIC OR CONSULAR OFFICIALS
AND PERSONNEL INCLUDING LOCAL HIRES AND OVERSEAS WORKERS to
increase understanding and prevent incidents of sexual harassment. It shall also
conduct the investigation of alleged cases constituting sexual harassment.

In case of a work-related environment, the committee shall be composed of at
east 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 committee shall be composed of at least one (1)
representative from the administration, the trainors, instructors, professors or coaches
and students or trainees, as the case may be.


IN THE CASE OF DIPLOMATIC/CONSULAR POSTS, THE COMMITTEE SHALL BE
COMPOSED OF AT LEAST ONE (1) REPRESENTATIVE EACH FROM THE
PHILIPPINE EMBASSY OR PHILIPPINE CONSULATE-GENERAL, ONE (1)
RESPECTED AND IMPARTIAL FILIPINO COMMUNITY LEADER, AND ONE (1)
REPRESENTATIVE/OBSERVER FROM THE APPROPRIATE DEPARTMENT OR
AGENCY.

The employer or head of office, educational or training institution OR THE HEAD OF A
DIPLOMATIC/CONSULAR POST shall disseminate or post a copy of this Act for the
information of all concerned.”

Section 5- Sec.5 of R.A.No. 7877 is hereby amended to read as follows:

“SECTION 5. Liability of the Employer, Head of Office, Educational or Training
Institution OR HEAD OF DIPLOMATIC/CONSULAR POST. - The employer or head
of office, educational or training institution , OR DIPLOMATIC/CONSULAR POSTS
shall be solidarily liable for damages arising from the acts of sexual harassment
committed in the employment, education or training environment OR FOREIGN
POST. if the employer or head of office, educational or training institution OR HEAD
OF DIPLOMATIC/CONSULAR POST is informed of such acts by the offended party
and no immediate action is taken.”

Section 6. - Sec. 6 of R.A. No. 7877 is hereby amended to read as follows:

“SECTION 6. Independent Action for Damages. - Nothing in this Act shall preclude the
victim of work, education or training-related sexual harassment OR ACTS
COMMITTED BY DIPLOMATIC/CONSULAR PERSONNEL IN A FOREIGN POST
from instituting a separate and independent action for damages and other affirmative
relief. ”

Section 7. - Sec 7 of R.A. No. 7877 is hereby amended to read as follows:

“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] SIX
MONTHS nor more than [six (6) months] ONE YEAR, or a fine of not less than [Ten
thousand pesos (P10,000)] ONE HUNDRED THOUSAND PESOS (P100,000.00) nor
more than [Twenty thousand pesos (P20,000)] TWO HUNDRED THOUSAND PESOS
9P200,000.00), or both such fine and imprisonment at the discretion of the court.

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

IF THE OFFENDER IS A GOVERNMENT OFFICIAL OR EMPLOYEE, HE/SHE
SHALL SUFFER ANY OR ALL OF THE FOLLOWING PENALTIES:

1, WITHHOLDING OF SALARY;

2. SUSPENSION OF AT LEAST SIX (6) MONTHS WITHOUT PAY;

3. DISMISSAL FROM SERVICE WITH DISQUALIFICATION TO HOLD ANY
APPOINTIVE OR ELECTIVE POSITION FOR FIVE (5) YEARS

ADMINISTRATIVE SANCTIONS SHALL NOT BE A BAR TO PROSECUTION IN THE
PROPER COURTS FOR UNLAWFUL ACTS OF SEXUAL HARASSMENT.”


Section 8. Separability Clause. - If any portion or provision of this Act is declared void
or unconstitutional, the remaining portions or provisions hereof shall not be affected by
such declaration.

Section 9. Repealing 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 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.

Approved,