REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. _8031

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995, is hailed as a landmark
legislation as it defines and criminalizes “Sexual Harassment” as well as provide penal sanctions
against perpetrators of the crime. Twenty three (23) years after the enactment of RA No. 7877,
and given the significant innovations in telecommunication, sexual harassment may be conveyed
thru other non-traditional forms of communication.

In this age, digital technologies may be used by individuals to perpetrate sexual harassment.
However, the conduct of this act thru telecommunications, digital technology, and other similar
means, may not be covered by the provisions of RA No. 7877. Hence, there is a need to update
the said law and make it more responsive to the needs of the changing times.

This proposed measure amends Section 3 of RA No. 7877 by expanding the coverage of sexual
harassment acts to include sending SMS messages, electronic mail, internet chat, and other
similar means of conveying messages via electronic communication that constitute sexual
harassment under the said law.

It is hoped that thru the passage of this bill, we will be able to afford our people an environment
that is free from any form of sexual harassment.

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

“ARY C.
Representative
Magdalo Para sa Pilipino Party-List

|ANO


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
Third Regular Session

Hease Bill No, £034

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
EXPANDING THE COVERAGE OF THE DEFINITION OF THE CRIME OF SEXUAL
HARASSMENT TO INCLUDE UNWANTED TEXT MESSAGES, ELECTRONIC MAIL
OR COMMUNICATIONS, OR OTHER SIMILAR MEANS, AMENDING FOR THIS
PURPOSE REPUBLIC ACT NUMBERED SEVENTY EIGHT HUNDRED AND
SEVENTY-SEVEN, OTHERWISE KNOWN AS THE “SEXUAL HARRASSMENT
LAW”

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

SEC. 1. Section 3 Republic Act 7877 is hereby amended to read as follows:

“SECTION 3. Work education or Training- related Sexual Harassment Defined —
Work, education or training 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, 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 OR THE SENDING OF TEXT
MESSAGES, ELECTRONIC MAIL OR COMMUNICATION, OR OTHER
SIMILAR MEANS THAT BY THEIR NATURE MAY QUALIFY AS
VULGAR, SMUTTY, SEXIST, OBSCENE, LURID OR MALICIOUS, OR
CONSIDERED AS SEXUAL ADVANCE.

a) In a work-related or employment environment, sexual harassment is
committed VERBALLY, IN WRITING OR THROUGH THE USE OF A
‘TELEPHONE, CELLULAR PHONE, FAX MACHINE, ELECTRONIC
MAIL OR OTHER SIMILAR MEANS 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, term, condition, promotions, or privileges;
or the refusal to grant the sexual favor result 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 right’s 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
THROUGH ORAL OR WRITTEN MEANS, OR WITH THE USE OF A
TELEPHONE, CELLULAR PHONE, FAX MACHINE, ELECTRONIC
MAIL OR OTHER SIMILAR MEANS

(1) Against one who is under the care, custody or supervision of the offender;
(2) xxx
G) xxx
(4) xxx

SEC. 2. Effectivity Clause. - This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in two (2) newspaper of general circulation, whichever
comes earlier.

SEC.3. Separability Clause. If any provision of this Act is declared invalid, the
remainder of this Act or any provision note affected thereby shall remain in force and effect.

SEC.4. Repealing Clause.- All laws, presidential decrees, executive orders and their

implementing rules, inconsistent with the provisions of this act are hereby, repealed, amended or
modified accordingly.

Approved,