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SEVENTEENTH CONGRESS OF THE IHLPUBLIC 
OF T im  PiiiLirriN ES
First Regular Session
S E N A T E
S.B.No. 1254
v ^  
Senate
8f liif jif trftfliy
‘16 
NOV 24 
P 2 5 1
R E C tiV E D  BVt
Introduced by Senator Poe
AN ACT
TO ELIMINATE ALL FOICVIS OF SEXLAL IIAILASSMENT IN WORK PLACES, 
EDUCATIONAL INSTITUTIONS, AND PUBLIC PLACES, AND PROVIDING 
PENALTIES I  HEIUFI OR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 
7877, OTHERW ISE I^ O W N  AS THE “ANTI-SEXUAL HARASSMENT ACT OF 
1995”
Explanatory Note
Article 2, Section 11 of the 1987 Constitution provides that the State shall value the 
dignity of every human person. The full and free exercise of one’s sexual orientation and 
gender identity or expression (SOGIE) is an inseparable component of one’s human dignity 
and empowerment. To restate the Universal Declaration of Human Rights, all persons, 
regardless of their sexual orientation and gender identity or expression, are “bom free and 
equal in dignity and rights”.
Sexual harassment is undoubtedly a pervasive barrier to the exercise of one’s SOGIE. 
In 2016, a survey by the Social Weather Stations found that three out of five women have 
experienced sexual harassment in Quezon City alone.1 Seventy percent of such incidents 
were committed by total strangers and fifty eight percent were experienced in public streets, 
roads, and eskinitas.2
1 Bartolome, J. “The numbers are alarming: Sexual harassment vs women in PHL” GMA News Online (08 
March, 2016). Retrieved from http://www.gmanetwork.com/news/storv/558251/lifestvle/healthandwellness/the- 
numbers-are-alarming-sexual-harassment-vs-women-in-phl
2 Id.


Unfortunately, Republic Act No. 7877, otherwise known as the "Anti-Sexual 
Harassment Act of 1995" does not cover sexual harassment in public places.3 Sexual 
harassment, as defined in R.A. No. 7877, covers only sexual acts committed at work, school 
or training area. This limited definition excludes acts of sexual harassment committed in 
public places.
Furthermore, sexual harassment as defined in R.A. No. 7877 refers only to demands 
or requests for sexual favours. This narrow definition excludes the common forms of sexual 
harassment experienced by women, such as wolf whistling, lascivious language, 
exhibitionism and public masturbation, stalking, voyeurism, groping, rubbing, touching, 
catcalling, indecent gestures, cyberviolence, and sending or pornographic pictures and 
violence.4
Finally, R.A. No. 7877 only covers persons who have “authority, influence or moral 
ascendancy in a work or training or education environment” such as employers, employees, 
managers, supervisors, agents of the employer, teachers, instructors, professors, coaches, and 
trainers. This narrow definition makes the most common perpetrators of sexual harassment 
unaccountable for indiscretions. Sa madaling salita Hindi napaparusahan ang mga 
ordinaryong tao na nanghihipo o nambabastos sa mga pampublikong liigar.
Due to the limitations stated above, common acts of sexual harassment in public 
places are not prosecuted under R.A. No. 7877. Instead, they are prosecuted as “Acts of 
Lasciviousness” or even “Unjust Vexation” under the Revised Penal Code. In most cases, the 
penalties to be meted out are substantially less than the cost of actually filing a case. This 
deters victims of sexual harassment from filing charges.
R.A. No. 7877 is also deficient in other ways. For instance. Section 4 of the Act 
empowers employers or heads of offices to create committees on decorum and investigation 
of cases on sexual harassment and prescribe procedure and administrative sanctions therefor. 
However, the Act does not set the standards in implementing this provision. There is no 
explicit protection for complainants against retaliation, no guarantee of confidentiality, and
3 Philippine Commission on Women. “Strengthening Law Enforcement and Protection Against Sexual Offenses: 
Expanding the Anti-Sexual Harassment Law” Retrieved from http://Dcw.gov.Dh/wpla/strengthening-law- 
enforcement-and-protection-against-sexual-offenses-expanding-anti-sexual-harassment-law
4 Op. a t.


no observance of due process. In fact, the provision does not even prescribe that the 
committees shall have women among its members.
This bill proposes to repeal and supersede RA. No. 7877. It proposes the following 
improvements over the provisions of the existing law:
1) A wider definition of sexual harassment, herein defined as “...an unwelcome or 
unwanted act or series of acts, including those which are committed online or through 
the use of computers or similar devices such as mobile phones, and tablets, which are 
lewd or sexually suggestive, and are degrading, offensive or humiliating to one’s 
dignity or sexual orientation, gender identity or expression, or creates an intimidating, 
hostile, or offensive environment for the persons affected.”3 * 5
2) A provision which states that the definition of “sexual harassment” shall be liberally 
construed to protect victims of sexual harassment;
3) Clear sufficient standards6 for the creation of internal mechanisms to address sexual 
harassment in the workplace and in educational institutions. If enacted, such internal 
mechanisms must:
a. Adequately represent all stakeholders;
b. Be headed by a woman and not less than half of its members should be 
women;
c. Investigate and decide on complaints within ten (10) days or less;
d. Observe due process;
3 In proposing a new definition of “sexual harassment”, reference was made to the following documents: Civil 
Service Commission Resolution No. 94-2854, s. 1994; Davao City Ordinance No. 5004 s. 1998; Quezon City
Ordinance No. 2501, s. 2016; The Model Law on Sexual Harassment of Johns Hopkins University’s Protection
Project; and the Guidelines of the United States’ Equal Employment Opportunity Commission. We would also 
like to acknowledge the technical assistance of Ms. Pauline A. Carillo.
6 John Hopkins University Model Law Sexual Harassment.


e. Protect complainants from retaliation; and
f. Guarantee confidentiality to the greatest extent possible.
4) Prescribe liability for employers or heads of offices who do not comply with their 
duties under the proposed measure; and
5) Mandate Local Government Units (LGUs) to localize anti-sexual harassment efforts 
in their jurisdiction.
In view of the foregoing, immediate approval of this measure is eagerly sought.
7i
GRACE POE


Senate
•■Var*/ iSffitf of li)f jb.'ci'ftarjp
w
SEVENTEENTH CONCITESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session
S E N A T E
S.B.No. 1254
RECEIVED B1'
Introduced by Senator Poe
AN ACT
TO ELIMINATE ALL FORMS OF SEXUAL HARASSMENT IN M ORK PLACES, 
EDUCATIONAL INSTITUTIONS, AND PUBLIC PLACES, AND PROVIDING 
PENALTIES THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 
7877, OTHERW ISE KNOWN AS THE “ANTI-SEXUAL HARASSMENT ACT OF 
1995”
Be it enacted by the Senate and the House of Representatives of the Senate in Congress 
assembled:
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ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title.- This Act shall be known as the "Expanded Anti-Sexual 
Harassment Act o f 2016".
SEC. 2. Declaration of Policy.- The State values and protects the dignity of every 
human person. The State also accords full respect for one’s sexual orientation and gender 
identity or expression and recognizes that the free exercise of such is an inseparable 
component of human dignity and individual empowerment. The State also recognizes that 
sexual harassment is an immense barrier to the exercise of one’s sexual orientation and 
gender identity which must be addressed.
In view of the foregoing, it is hereby declared a policy of the State to eliminate all 
forms of sexual harassment in the workplace, in educational institutions and in public places. 
Towards this end, the State shall;


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a) Prohibit, prevent, and deter the performance of acts of sexual harassment in work 
places, educational institutions and public places;
b) Ensure that all persons shall be safe from sexual harassment in work places, 
educational institutions and public places;
c) Mandate persons of authority to ensure that work places, educational institutions 
and public places are free from all forms of sexual harassment;
d) Enjoin Local Government Units (LGUs) to ensure that their jurisdictions are free 
from all forms of sexual harassment; and
e) Ensure that persons of authority in work places, educational institutions and public 
places fully comply with their duties under this Act.
SEC. 3. Sexual Harassment Defined.- Sexual harassment refers to an unwelcome or 
unwanted act or series of acts, including those which are committed online or through the use 
of computers or similar devices such as mobile phones, and tablets, that are lewd or sexually 
suggestive, and are degrading, offensive or humiliating to one’s dignity or sexual orientation, 
gender identity or expression, or creates an intimidating, hostile, or offensive environment 
for the persons affected. Acts considered as sexual harassment shall include:
a) Verbal forms of sexual harassment including but not limited to:
1. Making remarks, comments, telling of jokes, or asking questions of a lewd or 
sexually suggestive nature, especially rape jokes;
2. Making or playing sounds of a lewd or sexually suggestive nature, such as 
kissing sounds, howling, or lip-smacking;
3. Taunting someone with constant talk about sex or sexual innuendos;
4. Cursing, whistling, or calling a person with words with lewd or sexual 
connotations;


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5. Interrogating or informing someone about sexual preferences, fantasies, or 
activities during interviews for employment, scholarship grant or any lawful 
activity applied for;
6. Applying pressure on a person to accept a date, despite prior rejection; or
7. Other analogous acts.
b) Non-verbal forms of sexual harassment, such as but not limited to:
1. Displaying offensive or lewd pictures and publications to harrass another 
person;
2. Making hand, facial or body gestures of a lewd or sexually suggestive nature;
3. Touching, pinching, groping, fondling, stroking, patting, massaging, kissing, 
embracing, or brushing up against someone’s body in a lewd or sexually 
suggestive nature;
4. Touching or exposing one’s genitalia in public, including public masturbation 
directed at one or more people;
5. Sending emails, letters, calls, or materials of a lewd or sexually suggestive 
nature; or
6. Other analogous acts.
c) Requests for sexual favours as a condition for the receipt of a benefit such as:
1. Hiring, employment, re-employment, continued employment, or in granting 
individual favourable conditions, promotions, or privileges;


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2. Giving of a more favourable grade, the granting of honours, scholarships, or 
the provision of stipend, allowance or other benefit, privilege or consideration;
or
3. When refusal to perform such sexual favour would prevent the affected person 
from receiving such benefit, or result in limiting, segregating, classifying, 
discriminating, depriving or otherwise adversely affecting them.
Provided, that the definition and list of acts considered as sexual harassment shall be 
liberally construed to protect victims of sexual harassment.
ARTICLE II
SEXUAL HARASSMENT IN THE W ORKPLACE
SEC. 4. Scope and Coverage. -  This Article shall encompass all acts of sexual 
harassment as defined under Section 3 of this Act committed in the work place. It shall cover 
all persons in the workplace, including employers, prospective employers, heads of offices, 
managers, supervisors, agents of the employer, any other person who has authority, influence 
or moral ascendancy over the affected person, employees, co-workers, and peers. No 
provision of this Article shall be a bar to existing labour laws and rules and regulations.
SEC. 5. Duties of Employers. - Employers or other persons of authority, influence or 
moral ascendancy in a work place shall have the duty to prevent, deter, or punish the 
performance of acts of sexual harassment in the work place. Towards this end, the employer 
or person of authority, influence or moral ascendancy shall:
a) Disseminate or post in a conspicuous place a copy of this Act to all persons in the 
work place;
b) Provide measures to prevent sexual harassment in the work place, such as the 
conduct of anti-sexual harassment seminars;


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c) Create an independent internal mechanism to investigate and address complaints 
of sexual harassment which shall:
1. Adequately represent the management, the employees from the supervisory 
rank, the rank and file employees, and the union, if any;
2. Be headed by a woman and not less than half of its members should be 
women;
3. Members should be impartial and not connected or related to the alleged 
perpetrator;
4. Investigate and decide on complaints within ten (10) days or less;
5. Observe due process;
6. Protect the complainant from retaliation; and
7. Guarantee confidentiality to the greatest extent possible;
d) Provide and disseminate, in consultation with all persons in the work place, a code 
of conduct or work place policy which shall:
1. Expressly reiterate the prohibition on sexual harassment;
2. Describe the procedures of the internal mechanism created under Section 5 (c) 
of this Act; and
3. Set administrative penalties.
SEC. 6. Duties of Employees and Co-Workers. - Employees and co-workers shall 
have the duty to:


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a) Refrain from committing acts of sexual harassment;
b) Discourage the conduct of sexual harassment in the work place; and
c) Provide emotional or social support to fellow employees, co-workers, colleagues 
or peers who are victims of sexual harassment;
SEC. 7. Liability of Employers. - In addition to liabilities for committing acts of 
sexual harassment, employers may also be held responsible for:
a) Non-implementation of their duties under Section 5 of this Act, as provided in the 
penal provisions below; or
b) Not taking action on reported acts of sexual harassment committed in the work 
place;
SEC. 8. Routine Inspection.- The Department of Labor and Employment (DOLE) for 
the private sector and the Civil Service Commission (CSC) for the public sector shall conduct 
yearly spontaneous inspections to ensure compliance of employers and employees with their 
obligations under this Act.
ARTICLE III
SEXUAL HARASSMENT IN EDUCATIONAL OR TRAINING 
INSTITUTIONS
SEC. 9. Scope and Coverage.- This Article shall encompass all acts of sexual 
harassment as defined under Section 3 of this Act when committed in public and private 
educational facilities, including schools, universities and technical-vocational institutions. It 
shall cover principals, school heads, teachers, instructors, professors, coaches, trainers, or any 
other person who has authority, influence or moral ascendancy over another in an educational 
or training institution, as well as students. No provision of this Article shall be a bar to 
existing laws and rules and regulations on education.


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SEC. 10. Duties o f School Heads.- School heads shall have the following duties:
a) Disseminate or post in a conspicuous place a copy of this Act to all persons in the 
educational institution;
b) Provide measures to prevent sexual harassment in educational institutions, such as 
information campaigns;
c) Create an independent internal mechanism to investigate and address complaints 
of sexual harassment which shall:
1. Adequately represent the school administration, the trainers, instructors, 
professors or coaches and students or trainees, students and parents, as the 
case may be;
2. Be headed by a woman and not less than half of its members should be 
women;
3. Members should be impartial and not connected or related to the alleged 
perpetrator;
4. Investigate and decide on complaints within ten (10) days or less;
5. Observe due process;
6. Protect the complainant from retaliation; and
7. Guarantee confidentiality to the greatest extent possible.
d) Provide and disseminate, in consultation with all persons in the educational 
institution, a code of conduct or school policy which shall:
1. Expressly reiterate the prohibition on sexual harassment;


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2. Describe the procedures of the internal mechanism created under Section 9 (c) 
of this Act; and
3. Set administrative penalties.
SEC. 11. Liability of School Heads.- In addition to liability for committing acts of 
sexual harassment, 
principals, school heads, teachers, instructors, professors, coaches, 
trainers, or any other person who has authority, influence or moral ascendancy over another 
in an educational or training institution may also be held responsible for:
a) Non-implementation of their duties under Section 10 of this Act, as provided in 
the penal provisions below; or
b) Failure to act on reported acts of sexual harassment committed in the educational 
institution.
SEC. 12. Liability o f Students. - Students who are found to have committed acts of 
sexual harassment shall only be held liable for administrative sanctions by the school as 
stated in their school handbook.
SEC. 13. Routine Inspection. - The Department of Education (DepEd), the 
Commission on Higher Education (CHED), and the Technical Education and Skills 
Development Authority (TESDA) shall conduct regular spontaneous inspections to ensure 
compliance of school heads with their obligations under this Act.
ARTICLE IV
SEXUAL HARASSMENT IN PUBLIC PLACES
SEC. 14. Scope and Coverage. - This Article shall apply encompass all acts of sexual 
harassment as defined under Section 3 of this Act when committed by any person in any


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public place. For the purposes of this section, “Public place” shall refer to a place exposed to 
the public and where the public gathers together or passes.
SEC. 15. Duties o f Local Government Units. - Local Government Units (LGUs) shall 
bear primary responsibility in enforcing the provisions under Article IV of this Act. LGUs 
shall:
a) Pass an ordinance which shall localize the applicability of this Act within sixty 
(60) days of its effectivity;
b) Disseminate or post in conspicuous places a copy of this Act and the 
corresponding ordinance;
c) Provide measures to prevent sexual harassment in educational institutions, such as 
information campaigns and anti-sexual harassment seminars;
d) Discourage and impose fines on acts of sexual harassment as defined in this Act;
e) Coordinate with the Department of Interior and Local Government (DILG) on the 
implementation of this Act;
SEC. 16. Role o f the DILG.- The DILG shall ensure the full implementation of this
Act by:
a) Inspecting LGUs if they have disseminated or posted in conspicuous places a copy 
of this Act and the corresponding ordinance;
b) Conducting and disseminating surveys and studies on best practices of LGUs in 
implementing this Act; and
c) Providing capacity-building and training activities to build the capability of local 
government officials to implement this Act in coordination with the Philippine 
Commission on Women (PCW), the Local Government Academy (LGA) and the 
Development Academy of the Philippines.
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ARTICLE V 
FINAL PROVISIONS
SEC. 17. Training.- The PCW shall provide free training to persons who are members 
of the internal mechanisms created under Articles II and III of this Act. The PCW shall also 
provide such trainings to public officials, in coordination with the LGA and the DAP.
SEC. 18. Sun’ey. - The Philippine Statistics Authority (PSA) shall conduct every 
three years a National Survey on E.\periences of Se.xual Harassment to provide accurate and 
timely information on the incidence of sexual harassment in the country.
SEC. 19. Administrative sanctions not a bar to prosecution. - Administrative 
sanctions meted out under Articles II, III and IV of this Act shall not be a bar to prosecution 
in the proper courts for unlawful acts of sexual harassment and other related offenses.
SEC. 20. Liability Under Other Laws. - A prosecution under this Act shall be without 
prejudice to any liability for violation of any provision of the Revised Penal Code, as 
amended, or special laws.
SEC. 21. Penalties. - The corresponding penalties shall be imposed upon:
a) Any employer or school head who fails to comply with their duties under Article 
II (5) or Article III (11) of this Act shall, upon conviction, suffer the penalty of 
imprisonment of not less than six (6) months or not more than (1) year, or a fine of 
not less than Ten Thousand Pesos (Php 10,000) or not more than Twenty 
Thousand Pesos (Php 20,000), or both, without prejudice to any liability for 
violation of any provision of the Revised Penal Code, as amended, or special 
laws;
b) Any employer, school head, or member of an investigating team established 
pursuant to Article II, Section 5 or Article III, Section 10 of this Act, who fails to
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act upon reported incidents of sexual harassment in the work place or in an 
educational institution shall, upon conviction, sufTer the penalty of imprisonment 
of not less than one (1) year or not more than three (3) years, or a fine of not less 
than Thirty Thousand Pesos (Php 30,000) or not more than Forty Thousand Pesos 
(Php 40,000), or both, without prejudice to any liability for violation of any 
provision of the Revised Penal Code, as amended, or special laws;
c) Any person who performs an act of sexual harassment classified as a verbal 
offense under Section 3 (a) of this Act shall, upon conviction, suffer the penalty 
of imprisonment of not less than three (3) years or not more than five (5) years, or 
a fine of not less than Fifty Thousand Pesos (Php 50,000) or not more Sixty 
Thousand Pesos (Php 60,000), or both, without prejudice to any liability for 
violation of any provision of the Revised Penal Code, as amended, or special 
laws;
d) Any person who performs an act of sexual harassment classified as a non-verbal 
offense under Section 3 (b) of this Act shall, upon conviction, suffer the penalty of 
imprisonment of not less than five (5) years or not more than seven (7) years, or a 
fine of not less than Seventy Thousand Pesos (Php 70,000) or not more than 
Eighty Thousand Pesos (Php 80,000), or both, without prejudice to any liability 
for violation of any provision of the Revised Penal Code, as amended, or special 
laws;
e) Any person who performs an act of sexual harassment classified under Section 3 
(c) of this Act shall, upon conviction, suffer the penalty of imprisonment of not 
less than nine (9) years or not more than ten (10) years, or a fine of not less than 
Ninety Thousand Pesos (Php 90,000) or not more than One Hundred Thousand 
Pesos (Php 100,000), or both, without prejudice to any liability for violation of 
any provision of the Revised Penal Code, as amended, or special laws.
SEC. 22, Approrpriations.- 
Such amounts as may be necessary for the 
implementation of this Act shall be indicated under the annual General Appropriations Act. 
National and local government agencies shall be authorized to utilize their mandatory Gender
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and Development (GAD) budget, as provided under Republic Act No. 9710, otherwise 
known as the "Magna Carla of Women" for this purpose. In addition, LGUs may also use 
their mandatory twenty (20%) allocation of their annual internal revenue allotments for Local 
Development Projects as provided under Section 287 of the Republic Act 7610, otherwise 
known as the "Local Government Code of 1991".
SEC. 23. Implementing Rules and Regulations.- the DOLE, CSC, DEPED, CHED, 
DILG, PCW, LGA and DAP shall promulgate the necessary rules and regulations for the 
effective implementation of the provisions of this Act within ninety (90) days of its 
effectivity.
SEC. 24. Repealing Clause.- Republic Act No. 7877, otherwise known as the "Anti- 
Sexual Hara.s.wient Act of 1995", is hereby repealed. Likewise, all decrees, laws, executive 
orders, proclamations and administrative regulations or parts thereof inconsistent with the 
provisions of this Act are hereby repealed, amended or modified accordingly.
SEC. 25. Separability Clause.- If any provision or part of this Act is declared 
unconstitutional, the remaining parts or provisions not affected shall remain in full force and 
effect.
SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
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