Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2538

Authored by HON. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

Republic Act No. 7877, or the Anti-Sexual Harassment law is
considered as a milestone in the continuous struggle for the
elimination of gender-based violence and crimes. Thirteen years after
its enactment into law in March 5, 1995, however, women continue to
be victims of sexual harassment with more cases left unreported. The
law's very limited definition of what constitutes sexual harassment
leaves most women no recourse than to keep their silence. Even the
paltry penalty of imprisonment for 1 month to 6 months is enough to
discourage a woman from filing a complaint.

There is clearly a need to reconsider the law and make it more
responsive to the realities that women face every day.

Recognizing that gender-based violence are rooted in unequal
power relations, this bill proposes to expand the definition of sexual
harassment to include unwanted sexual advances made by any person
in the place of employment, training or education. Further, unsolicited
advances of a sexual nature committed even outside the place of
employment, training or education, when by any person having
authority, influence or moral ascendancy over another is also a
punishable offense of sexual harassment under this proposed
measure. To address the concern that cases reported to some
employers are left uninvestigated, employers shall be presumed to
have knowledge of the act of sexual harassment - making them liable
for damages - if the employer fails to create a committee on decorum
or if the sexual harassment is openly practiced. As an added
safeguard, the increased penalties are also proposed by this measure.

The passage of this bill is intended to curb, with the hope of
eventually eliminating, the difficult plight of women, who everyday are
exposed to abuses of unequal power relations.

In view of the foregoing, urgent approval of this bill is earnestly

requested.

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2538

Authored by HON. JOSEPH VICTOR G. EJERCITO

AN ACT
FURTHER PROVIDING PROTECTION FOR WOMEN AGAINST
ABUSES OF UNEQUAL POWER RELATIONS, EXPANDING FOR
THAT PURPOSE THE DEFINITION OF SEXUAL HARASSMENT AND
INCREASING THE PENALTIES THEREFOR, THEREBY AMENDING
REPUBLIC ACT 7877 AND FOR OTHER PURPOSES.

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

SECTION’1. Section 3 of R.A. 7877 is hereby amended to read
as follows:

“Section 3. [Work, Education or Training-related] SEXUAL
HARASSMENT DEFINED. - [Work, education or training-related
sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, 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, regardless of
whether the demand, request or requirement for submission is
accepted by the object of said Act.

(a) 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 individual 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 otherwise 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, training, apprenticeship or
tutorship is entrusted to the offender;

(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.]

A. IN THE PLACE OF EMPLOYMENT, TRAINING OR EDUCATION,
SEXUAL HARASSMENT IS COMMITTED BY ANY PERSON WHO
ENGAGES IN ANY UNWANTED OR UNWELCOME SEXUAL
ADVANCE,

REQUEST OR DEMAND FOR SEXUAL FAVOR OR OTHER VERBAL
OR PHYSICAL CONDUCT OF A SEXUAL NATURE AGAINST AN
EMPLOYEE, EMPLOYER, TRAINEE, TRAINOR, STUDENT,
INSTRUCTOR, TEACHER OR PROPESSOR REGARDLESS OF
WHETHER THE DEMAND OR REQUEST FOR SUBMISSION IS
ACCEPTED BY THE OBJECT OF SAID ACT;

B. OUTSIDE THE PLACE OF EMPLOYMENT, TRAINING OR
EDUCATION, SEXUAL HARASSMENT IS COMMITTED BY AN
EMPLOYER, MANAGER, SUPERVISON, AGENT OF EMPLOYER,
TEACHER, INSTRUCTOR, PROFESSOR, COACH, TMINOR OR ANY
OTHER PERSON, WHO HAVING AUTHORITY, INFLUENCE OR
MORAL ASCENDANCY OVER ANOTHER, MAKES ANY UNWANTED
‘OR UNWELCOME SEXUAL ADVANCE, REQUEST OR DEMAND FOR
SEXUAL FAVOR OR OTHER VERBAL OR PHYSICAL CONDUCT OF
A SEXUAL NATURE, REGARDLESS OF THE DEMAND OR REQUEST
FOR SUBMISSION IS ACCEPTED BY THE OBJECT OF SAID ACT;

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. 2. Section 5 of RA 7877 is hereby amended as follows:

“Section 5. Liability of the Employer, Head of Office, Educational
or Training Institution. - The employer or head of office,


educational or training institution shall be solidarily liable for
damages arising from the acts of sexual harassment committed
in the employment, education or training environment if die
employer or head of office, educational or training institution is
informed of such acts by the offended party and no immediate
action is taken thereon. THE EMPLOYER IS PRIMA FACIE
PRESUMED TO HAVE KNOWLEDGE OF THE SEXUAL
HARASSMENT ACT OR ACTS IF THE EMPLOYER FAILED TO
CREATE A COMMITTEE ON DECORUM AS MANDATED BY THIS
ACT; OR IF A COMPLAINT WAS MADE BEFORE THE COMMITTEE
OR AUTHORITY DESIGNATED TO RECEIVE COMPLAINTS; OR
WHEN THE SEXUAL HARASSMENT IS OPENLY PRACTICED OR
WELL-KNOWN AMONG EMPLOYEES, STUDENTS OR TRAINEES.”
SEC. 3. Section 7 of RA 7877 is hereby amended 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 (6) MONTHS nor more than
six (6) [months] YEARS, or a fine of not less than [Ten thousand
pesos (P10,000.00) FIFTY THOUSAND PESOS (P50,000.00) nor
more than [Twenty thousand pesos (P20,000.00)] ONE
HUNDRED THOUSAND PESOS (P100,000), or both such fine and
imprisonment at the discretion of the court. 7

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

SEC. 4. Separability Clause. -If, for any reason, any section or

provision of this Act shall be held unconstitutional or invalid, the other
section or provision not otherwise affected shall remain in full force
and effect.

SEC. 5. Repealing Clause. - Any provision of law, decree,

executive order or issuance inconsistent herewith is hereby repealed
and/or modified accordingly.

SEC. 6. Effectivity Clause. - This Act shall take effect fifteen

(15) days after the completion of its publication in the Official Gazette
or in at least two (2) national newspapers of general circulation.

Approved,