Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

6107

House Bill No.

Introduced by Representative Marissa Lourdes M. Andaya

EXPLANATORY NOTE

The Anti-Sexual Harassment Act of 1995 has been considered as a landmark
legislation as it finally gives legal recognition against unwelcome sexual advances.

However, it has been observed that the definition of sexual harassment is
limiting and presupposes the existence of authority, influence or moral ascendancy
between the offender and the offended party.

According to Civil Service Commission (CSC), a total of 163 cases' on sexual
harassment have been recorded, of which 111 cases were resolved.
The data? on compliance of Higher Educational Institutions (HEIs) with Republic Act
No. 7877 shows that in 2011, an alarming number of complaints from State
Universities and Colleges (SUCs) and Private HEIs have been reported?.

With more than two (2) decades since the enactment of this law, many gaps
need to be addressed in order not to diminish the women's ability to thrive and enjoy
their freedoms and liberties.

This proposed measure seeks to strengthen Republic Act No. 7877, otherwise
known as the Anti-Sexual Harassment Act of 1995 by expanding the scope of acts of
sexual harassment, thereby amending certain provisions.

The term “sexual harassment” now constitutes:

* Civil Service Commission Statistical Data on Sexual Harassment Cases as of December 31, 2015
2 Yadao-Sison, Carmelita. Compliance of Higher Education Institutions with the Anti-Sexual Harassment Act of 1995 (2011)
* 42 complaints for SUCs; 49 complaints for Private HEIs


4) Acts that are not only physical or verbal in nature, but also those
committed using electronic devices or any available technology or means;

2) Acts that have been committed either within or outside the place of
employment, training or education; and

3) Offensive remarks about a person's sexual orientation.

This bill further provides that a “harasser” could be anyone, including a
colleague or subordinate staff, who makes gestures which are sexual in nature, that
creates an intimidating, hostile or humiliating working, learning or training

environment for the recipient of said unwelcome gestures.

In view of the foregoing, the passage of this bill is earnestly sought.

MARISSA Sone gu. ANDAYA


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

6107
House Bill No.

Introduced by Representative Marissa Lourdes M. Andaya

AN ACT EXPANDING THE SCOPE OF ACTS CONSTITUTING SEXUAL
HARASSMENT, AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBER
7877, OTHERWISE KNOWN AS THE “SEXUAL HARASSMENT ACT OF 1995”

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

SECTION 1. Title. This Act shall be known as the “Expanded Anti-Sexual
Harassment Act of 2020”

SECTION 2. Section 3 of Republic Act No. 7877, is hereby amended to read
as follows:

“SEC. 3. Work, Education or Training-related Sexual Harassment
Defined. — Work, education or training-related sexual harassment is AN
ACT OR A SERIES OF ACTS COMMITTED EITHER PHYSICALLY,
VERBALLY OR THROUGH THE USE OF ELECTRONIC DEVICE OR
ANY AVAILABLE TECHNOLOGY OR MEANS, WITHIN OR OUTSIDE
THE PLACE OF EMPLOYMENT, TRAINING OR EDUCATION, by an
employer, employee, manager, supervisor, agent of the employer,
COLLEAGUE, SUBORDINATE STAFF, 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, OR MAKES ANY OFFENSIVE
REMARK ABOUT A PERSON'S SEXUAL ORIENTATION, regardless


of whether the demand, request, requirement for submission or remark
is accepted by the object of said act.

Ifa) 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 ividual 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
other 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, trait
or tutorship is entrusted to the offender;

ing, apprenticeship

(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 (1) WHEN THE ACT
OR SERIES OF ACTS ARE UNWANTED, IMPROPER OR
OFFENSIVE; (2) IF THE VICTIM'S REFUSAL OR ACCEPTANCE OF
THE BEHAVIOR INFLUENCES DECISIONS CONCERNING THE


VICTIM'S EMPLOYMENT, EDUCATION OR APPRENTICESHIP; OR
(3) WHEN THE CONDUCT CREATES AN INTIMIDATING, HOSTILE
OR HUMILIATING WORKING, LEARNING OR TRAINING
ENVIRONMENT FOR THE RECIPIENT.

“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.”

SECTION 3. Section 4 of the same Act is hereby amended to read as follows:

“SEC. 4. Duty of the Employer or Head of Office in a Work-
related, Education or Training Environment. - It shall be the duty of the
employer or the head of the work-related, educational or training
environment or institution, 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 shall:

“(a) [Promulgate appropriate] ADOPT A COMPREHENSIVE AND
DETAILED WRITTEN POLICY ON SEXUAL HARASSMENT,
rules and regulations PRESCRIBING GUIDELINES OR PROPER
DECORUM in consultation with and jointly approved by the
employees or students or trainees or through their duly
designated representatives, prescribing the procedure for the
investigation of sexual harassment cases and the administrative
sanctions therefor.

XXX XxX XXX.”
SECTION 4. 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,