Gh REPRESEN
z

RECEIVED %\

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

} 813

HOUSE BILL NO.

INTRODUCED BY EMMI A. DE JESUS, LUZVIMINDA C. ILAGAN, FERNANDO
HICAP, CARLOS ZARATE, NERI COLMENARES, JAMES MARK TERRY
RIDON and ANTONIO TINIO

EXPLANATC"Y NOTE

‘As presently defined under Republic Act No. 7877, the crime of sexual
harassment in the work, education or training-related environments can be committed
only by an employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person who has authority, influence or
moral ascendancy over another. In other words, for a crime of sexual harassment to
exist under the present law, the person committing the act or the perpetrator must have
authority, influence or moral ascendancy over the victim. Thus, acts of sexual
harassment committed by a peer, colleague, classmate, co-worker or by a person of
equal or lower rank, status or position or by one without moral authority, influence or
moral ascendancy are excluded from the coverage of the law. This is an inadequacy that
must be addressed. It is a fact that sexual harassment also occurs among and within this
group in the same way that it is a fact that sexual harassment regardless of the status of
the perpetrator or of the victim can be just as destructive of the environments that the
the law aims to protect from sexual harassment. It is also as devastating to the victims of
the acts sought to be prevented. Thus, this bill seeks to amend the definition of sexual

harassment by including what is called peer sexual harassment.


However, since persons of authority, influence or moral ascendancy in the place

of employment, training or education, carry with them greater responsibility in

promoting a sexual harassment-free environment and considering that their authority,

influence moral ascendancy can be used or exploited to facilitate the commission of the

crime, it is proposed that the maximum penalties be imposed on them when they are

found guilty of sexual harassment.

The proposed amendments also clarify the following:

a)
b)

¢)

d)

That, sexual harassment may be committed in a single or a series of acts;

That, sexual harassment may be physical, verbal or visual;

That, sexual harassment may be committed with the use of available technology
including information communication technology or with any other means of
commission; and

That, sexual harassment may be committed within or outside the place of
‘employment when the victim and the perpetrator are connected to or belonging

in the same place of employment, training or education.

Moreover, the duty of the employer or head of office to promote a sexual

harassment-free environment is further stressed by virtue of the following amendments:

1)

2)

The functions of the Committee on Decorum and Investigation (COD!) are
expanded and strengthened; and

In the section on the Liability of Employer, Head of Office, Education or Training
Institution, instances are provided when the employer, head of office, education
or training institution is presumed to have knowledge of sexual harassment and
in any such case the employer, if unable to overcome the presumption, is held
liable for damages on top of what the victim is awarded under labor or other

laws.

Lastly, the penalties for the violation of the law are increased.

With these proposed amendments, Gabriela Women’s Party hopes that our law against
sexual harassment will be more effective in the deterring the commission of that serious
crime called sexual harassment.


Approval of this bill is earnestly sought.

EMMI A. DE JESUS
Gabriela Women’s Party

jabriela Women’s Party Anakpawis Pai

&

CARLOS ZARATE NER{ COLMENARES
Bayan Muna Partylist Bayan Muna Partyli

IN ANTONI

ACT Teachers Partylist

Kabataan Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

813

ye
HOUSE BILL NO. =

INTRODUCED BY EMMI A. DE JESUS, LUZVIMINDA C. ILAGAN, FERNANDO
HICAP, CARLOS ZARATE, NERI COLMENARES, JAMES MARK TERRY
RIDON and ANTONIO TINIO

AN ACT AMENDING REPUBLIC ACT NO. 7877, OTHERWISE KNOWN AS THE ANTI-
SEXUAL HARASSMENT ACT OF 1995

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:

{Sec-3-Work, Education or Training-related Sexual Hari Defined. —Work,
education:
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di deprive-or-diminish- employment opp: thi
Qh theab d-impairthe employee's rights-or privil my
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SECTION 3. SEXUAL HARASSMENT IS AN ACT, OR A SERIES OF ACTS, WHICH MAY BE
COMMITTED PHYSICALLY, VERBALLY OR VISUALLY OR 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:

1. 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 OR EDUCATION, COMMITS OR MAKES
ANY UNWANTED, UNWELCOME OR INAPPROPRIATE SEXUAL ADVANCE,
REQUEST OR DEMAND FOR SEXUAL FAVOR;

THIS PROVISION ALSO COVERS THOSE WHO HAVE AUTHORITY OR
INFLUENCE IN APPROVING OR GRANTING APPOINTMENTS, ADMISSION OR
SHOLARSHIP, WITH RESPECT TO COMMITTING SAID ACTS AGAINST THEIR
APPLICANTS FOR EMPLOYMENT, PROMOTION, SCHOOL OR TRAINING
ADMISSION, AND SCHOLARSHIP;

2. ANY PERSON WHO COMMITS OR ENGAGES IN ANY UNWANTED,
UNWELCOME OR INAPPROPRIATE SEXUAL ACT, ADVANCE OR SEXUALLY-
BASED BEHAVIOR AGAINST ANOTHER PERSON WHERE BOTH VICTIM AND
PERPETRATOR ARE CONNECTED TO OR BELONGING IN THE SAME PLACE OF
EMPLOYMENT, TRAINING OR EDUCATION.

SECTION 2. Section 4 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. - THE EMPLOYER OR HEAD OF OFFICE IN A WORK-RELATED, EDUCATION
OR TRAINING ENVIRONMENT OR INSTITUTION IS HEREBY MANDATED TO ADOPT A
COMPREHENSIVE, DETAILED, WRITTEN POLICY ON SEXUAL HARASSMENT. 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 ia WITHIN AND OUTSIDE
the workplace and educational or training institutions and the procedure for the
investigation of sexual harassment cases and the administrative sanctions therefore

a e tions shall_-net-be-o-b: e risfe

Holawit act of sexual harassment,

The said rules and regulations issued pursuant to this subsection (a) shall include,
among others, guidelines on proper decorum i# WITHIN AND OUTSIDE the workplace
and educational or training institutions;

(b) Create a Committee on Decorum and Investigation (COD!) (ef) FOR cases of
sexual harassment WITHIN ONE (1) YEAR OF THE AGENCY'S EXISTENCE/INITIAL

OPERATIONS. (7h ttee-shall conduct -a6-th y-be,-with-oth
officers-and- employ hers 4 fe hes students

derstanding-end-p " é ae '
jail alsoconductthell forcet the alleged te a

(C) RESOLVE SEXUAL HARASSMENT CASES WITHIN A PERIOD OF FIFTEEN (15) DAYS
FROM THE SUBMISSION BY THE CODI OF ITS REPORT TO THE DISCIPLINING
AUTHORITY.

‘THE CODI SHALL HAVE THE FOLLOWING FUNCTIONS: -

1, 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;

2. INVESTIGATE SEXUAL HARASSMENT COMPLAINTS IN ACCORDANCE WITH
‘THE PRESCRIBED PROCEDURE;

3. CONSTITUTE A HEARING COMMITTEE FOR EVERY SEXUAL HARASSMENT
CASE OR IN CASE OF SEXUAL HARASSMENT COMMITTED WITHIN THE
PREMISES BY A PERSON NOT CONNECTD BY REASON OF EMPLOYMENT,
TRAINING OR EDUCATION, ASSIST THE VICTIM IN FILING THE


APPROPRIATE CHARGES WITH THE POLICE WITH THE END IN VIEW OF
KEEPING THE ENVIRONMENT SEXUAL HARASSMENT-FREE;

4, 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;

5. LEAD IN THE CONDUCT OF DISCUSSIONS ABOUT SEXUAL HARASSMENT
WITHIN THE AGENCY OR INSTITUTION TO INCREASE UNDERSTANDING
AND PREVENTION OF INCIDENTS OF SEXUAL HARASSMENT;

6. UNDERTAKE INFORMATION AND EDUCATIONAL ACTIVITIES IN THE
EDUCATION AND TRAINING ENVIRONMENT TO THE END THAT THE
SCHOOL POLICY, RULES, REGULATIONS, AND PROCEDURES ON SEXUAL
HARASSMENT ARE DISSEMINATED TO BECOME PART OF THE ACADEMIC
CULTURE IN ALL PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS
NATIONWIDE;

7. FORMULATE INFORMAL PROCEDURES OF SUCH NATURE AS TO ELICIT
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;

8. PROVIDE SECURITY AND SUPPORT MEASURES TO AGGRIEVED PARTIES OR
VICTIMS IN SEXUAL HARASSMENT CASES, ESPECIALLY WHEN THERE ARE
THREATS OF RETALIATION; AND.

9. 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 OR HAVE 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 committee shall be composed of
at least 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,
teachers, instructors, professors or coaches and students or trainees, as the case maybe.

[The employererhead ef office edi training institution shall "

py ofthis Act forthe impk tien-of all way

WHEN THE MEMBER OF THE CODI IS THE COMPLAINANT OR THE PERSON
COMPLAINED OF IN A SEXUAL HARASSMENT CASE, HE/SHE SHALL, FOR HIS/HER CASE
ONLY, BE DISQUALIFIED FROM PARTICIPATING AS A MEMBER OF THE CODI.”


SECTION 3. Section 5 is hereby amended to read as follows:

“Sec. 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] WITHIN
OR OUTSIDE the employment, education or training environment if the employer or
head of office, educational or training institution [isinformed-of such—acts-by-the
offended-party} 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:

1. IF THE MANAGEMENT FAILED TO COMPLY WITH PROVISIONS OF THE PRECEDING
SECTION;

2. IF A COMPLAINT WAS MADE BEFORE THE COMMITTEE 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

3. 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.

SECTION 4. Section 6 is hereby amended to read as follows:

“Sec. 6. - Independent Action for Damages. — Nothing in this Act shall prelude 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.”

SECTION 5. Section 7 is hereby amended to read as follows:

“Sec. 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 nor more than
six (6) months, or a fine of not less than {Fen—theusand—peses{P10,000}} FIFTY
THOUSAND PESOS (PHPS0, 000.00) not more than [Twenty thousand pesos (P20,000)]
TWO HUNDRED THOUSAND PESOS (PHP200, 000.00), or both such fine and
imprisonment at the discretion of the court. IF THE PERPRETRATOR 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 action arising from the violation of the provision of this Act shall prescribe in three
(3) years EXCEPT FOR ADMINISTRATIVE CASES.”

SECTION 6. IMPLEMENTING RULES AND REGULATIONS. -THE CIVIL SERVICE
COMMISSION (CSC), IN THE CASE OF THE PUBLIC SECTOR, AND THE DEPARTMENT OF
LABOR AND EMPLOYMENT (DOLE) 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 EFFCTIVITY TOGETHER WITH
PHILIPPINE COMMISSION ON WOMEN (PCW), THE DEPARTMENT OF EDUCATION, THE
COMMISSION ON HIGHER EDUCATION, THE TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY AND ALL CONCERNED GOVERNMENT DEPARTMENTS AND
AGENCIES INCLUDING, AS OBSERVERS, BOTH HOUSES OF CONGRESS THROUGH THE
COMMITTEE ON YOUTH, WOMEN AND FAMILY RELATIONS (SENATE) AND THE
COMMITTEE ON WOMEN AND GENDER EQUALITY (HOUSE OF REPRESENTATIVES) AND
WITH THE PARTICIPATION OF REPRESENTATIVES FROM NON GOVERNMENT
ORGANIZATIONS (NGOS) AND CIVIL SOCIETY GROUPS WITH PROVEN TRACK RECORD
OF INVOLVEMENT IN THE PROMOTION OF THE RIGHTS AND WELFARE OF FILIPINO
WOMEN AND GIRLS.”

SECTION 7. Separability Clause - If any portion or provision of this Act is declared void
and unconstitutional, the remaining portions or provisions hereof shall not be affected
by such declaration.

SECTION 8. 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 8. 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,