- USI OF 8 SPRESENTATIVES
RECEIVED

Republic ofthe Bhjilipinen 98 AUG 2016
Hause of Representatin Pam

Queso City, Metro Manin BY: — tk
SEVENTEENTH CONGRESS RED'ST

First Regular Session BILLS aD epee
HOUSE BILL No,_®994

Introduced by Representative Linabelle Ruth R, Villarica

EXPLANATORY NOTE

This bill aims to uphold the rights of women and their well-being especially in the
workplace and in training and educational institutions where discrimination against them are
prevalent by expanding the definition of sexual harassment, strengthening the mechanisms
to monitor compliance with policies against sexual harassment in the workplace and in
educational and training institutions, and prescribing penalties for violations thereof,
repealing for the purpose Republic Act No. 7877, also referred to as the ‘Anti-Sexual
Harassment Act of 1995.”

This bill expands the scope of and amends Section 3 of RA 7877 by defining sexual
harassment as an act or a series of acts, which may be committed physically, verbally, or
visually with the use of information communication technology or any other means. or
technology within or outside of the place of employment, training or education by expanding
its coverage.

With this bill, it is hoped that the expanded Anti-Sexual Harassment law will be more
effective in deterring the commission of such crime for the protection of women.

This bill was also exhaustively deliberated upon in the previous congresses and it was
passed by the House of Representatives during the 16" Congress and likewise transmitted
to the Senate.

Immediate approval of this bill is earnestly sought.

LINABELLE RUTH R, VILLARICA,


Republic of the Philippines

House of Representatives

Queron City, Metro Biamiln

SEVENTEENTH CONGR)
First Regular Session
959
591
HOUSE BILL NO. Gove

Introduced by Representative Linabelle Ruth R, Villarica

AN ACT

EXPANDING THE DEFINITION OF SEXUAL HARASSMENT,
STRENGTHENING THE MECHANISMS TO MONITOR COMPLIANCE
WITH POLICIES AGAINST SEXUAL HARASSMENT IN THE
WORKPLACE AND IN EDUCATIONAL ‘AND TRAINING INSTITUTIONS,
AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF,
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:

SECTION 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 with the use of

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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, or makes any offensive remark about the victim’s sexual
orientation.

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

(2) admi

jon 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.



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(b) any person who commits or engages in any unwanted, unwelcome or
inappropriate sexual act, advance or sexually-based behavior against
another person, ot makes any offensive remark about a person’s sexual
orientation, 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, and 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, educational, or training


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(b)

institutions, the procedure for the investigation of sexual harassment
cases, and the administrative sanctions therefor.

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;

create a Committee on Decorum and Investigation (CODI) for cases of
sexual harassment within one (1) year of the agency's existence/initial
operations; and

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

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(b)

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receive complaints of sexual harassment which must be treated with
utmost confidentiality to protect all parties involved and maintain
harmonious relationship in the work area, and act on the same within a
period of two (2) working days upon the filing of the complaint;
investigate sexual harassment complaints in accordance with the
prescribed procedure;

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


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(g)

(h)

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

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;

lead in the conduct of discussions about sexual harassment within the
agency or institution to increase understanding and prevention of
incidents of sexual harassment;

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

adopt procedures of such nature as to develop 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;

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

and


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(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 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 CODI shall be composed of at
least one (1) representative each from the management of the company or
organization, the employee’s 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 may
be.

When a member of the CODI is the complainant or the person complained of in
a sexual harassment case, the member shall be disqualified from participating as a
member of the CODI only with regard to the case the person 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 penalized as 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


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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;

(6) if a complaint was made before the CODI 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

(©) __ if the harassment is openly practiced or well-known among employees,
students, or 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.


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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.

Any breach of confidentiality as prohibited under 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, educational and training institutions, with regard to their compliance
with the provisions of this Act. In particular said agencies shall:

(a) mobilize their respective regional offices to regularly monitor the

implementation of the Act;


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(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 any and all requests for assistance
or complaint of non-action of employers, agencies, educational and
training institutions, on harassment complaints; and

(©) submit an annual report to the Philippine Commission on Women
(PCW) on the implementation of this Act.

SEC. 11, Implementing Rules and Regulations, - The CSC, in the case of the

public sector, and the DOL

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 Senate Committee on Women,
Family Relations and Gender Equality and the House of Representatives Committee
on Women and Gender Equality, and with the participation of representatives from
nongovernment organizations (NGOs) and civil society groups with proven track
record in the promotion of the rights and welfare of Filipino women.

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. Effeetivity. - This Act shall take effect fifleen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation,

Approved,

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