Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO. 4822

Introduced by Representative Michelle M. Antonio

EXPLANATORY NOTE

Sexual harassment is defined by the U.S. Equal Employment Opportunity
Commission (EEOC) as “unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature when that tends to create a hostile
or offensive work environment.”

In the Philippines, sexual harassment is penalized in R.A. 7877 or the Anti-
Sexual Harassment Act of 1995. This law classifies sexual harassment into two,
depending on the setting where it is committed: a) work-related or in employment
environment, and b) in education or training environment.

In the employment environment, it is committed when a person demands,
requests, or requires sexual favors from another person in exchange for another thing
such as hiring for employment, re-employment, or continued employment, granting
favorable compensation, terms of conditions, promotions, or privileges. In the
education or training environment, it is committed when a person demands, requests,
or requires sexual favors from a student in exchange for “giving a passing grade, or the
granting of honors and scholarships, or the payment of a stipend, allowance or other
benefits, privileges and considerations.”

Under the current law, the following can be considered sexual harassers:
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.

Even with this law in place, there remains a need to protect our citizens from
attacks against human dignity and to guarantee full respect for human rights. The Anti-
Sexual Harassment Act of 1995 must be expanded to include other forms of sexual
harassment, regardless of whether it is committed within or outside the work and
educational or training environments. It must also be updated, in keeping with the
times, to cover acts committed using technological means. Furthermore, the
requirement that the harasser be someone exercising authority over the victim must be
amended to include even his/her colleagues, peers, and subordinates.

In addition, the penalties for violations of this law are very mild and are
tantamount to a mere slap on the wrist. The current law imposes a penalty of
“imprisonment of not less than one (1) month nor more than six (6) months, or a fine
of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos
(P20,000), or both such fine and imprisonment at the discretion of the court.” Such
cannot effectively deter the commission of said crimes. These penalties need to be
increased in order to serve as a stern warning to the public not to engage in these
deplorable acts

In light of these proposed improvements to the law, this bill aims to amend
certain provisions of R.A. 7877. Through this bill, the term "sexual harassment" now
includes: (a) acts that are not only physical or verbal in nature, but also those
committed using electronic devices or any available technology or means; (b) acts that
have been committed either within or outside the place of employment, training or
education; and (c) offensive remarks about a person's sexual orientation. Also through
this bill, a "harasser” is no longer confined to just being someone who has authority or
moral ascendancy over the victim but now includes anyone, including a colleagues,
peers or subordinate staff. Lastly, this bill increases the penalties for committing sexual
harassment to “imprisonment of not less than six (6) months but not more than one (1)
year or a fine of not less than One hundred thousand pesos (P100,000) nor more than
Two hundred thousand pesos (P200,000), or both such fine and imprisonment at the
discretion of the court.”

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

‘HELLE M. ANTONIO,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILLNO, 4822 _

Introduced by Representative Michelle M. Antonio

AN ACT EXPANDING THE SCOPE OF ACTS CONSTITUTING SEXUAL
HARASSMENT AND INCREASING THE PENALTY FOR VIOLATIONS OF
PROVISIONS OF R.A. 7877, AMENDING FOR THE PURPOSE R.A. 7877,
OTHERWISE KNOWN 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. Section 3 of Republic Act No. 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 AN
ACT OR A SERIES OF ACTS COMMITTED EITHER
PHYSICALLY, VERBALLY OR THROUGH THE USE OF
ELECTRONIC DEVICE OR ANY AVAILABLE TECHNOLOGY
OR MEANS, WITHIN OR OUTSIDE THE PLACE OF
EMPLOYMENT, TRAINING OR EDUCATION, by an employer,
employee, manager, supervisor, agent of the employer, COLLEAGUE,
SUBORDINATE STAFF, teacher, instructor, professor, coach, trainor,
or any other person who f;-having—authority,influenee—-ormoral
aseendaney—over—another—in—a—work—or—training—or—edueation
environment] demands, requests or otherwise requires any sexual favor
from the other, OR MAKES ANY OFFENSIVE REMARK ABOUT A
PERSON'S SEXUALITY OR SEXUAL ORIENTATION, regardless
of whether the demand, request, requirement for submission or remark is
accepted by the object of said act.
= .

harassment iy committed shea:


SEXUAL HARASSMENT IS COMMITTED:

(1) WHEN THE ACT OR SERIES OF ACTS ARE UNWANTED,
IMPROPER OR OFFENSIVE;

(2) IF THE VICTIM'S REFUSAL OR ACCEPTANCE OF THE
BEHAVIOR INFLUENCES DECISIONS CONCERNING THE
VICTIM’S EMPLOYMENT, EDUCATION OR
APPRENTICESHIP; OR

(3) WHEN THE CONDUCT CREATES AN INTIMIDATING,
HOSTILE OR HUMILIATING WORKING, LEARNING OR
TRAINING ENVIRONMENT FOR THE RECIPIENT.


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."

SECTION 2. Section 4 of the same Act 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. —It shall be the duty of the employer
or the head of the work-related, educational or training environment or
institution, to prevent or deter the commission of acts of sexual harassment
and to provide the procedures for the resolution, settlement or prosecution
of acts of sexual harassment. Towards this end, the employer or head of
office shall:

"(a@) fPromulgate-appropriate} ADOPT A COMPREHENSIVE AND
DETAILED WRITTEN POLICY ON SEXUAL HARASSMENT, and
formulate appropriate rules and regulations +=PRESCRIBING
GUIDELINES OR PROPER DECORUM in consultation with and
jointly approved by the employees or students or trainees or through their
duly designated representatives, prescribing the procedure for the
investigation of sexual harassment cases and the administrative sanctions
therefor.

XXX XXX"

SECTION 3. Section 7 of Republic Act No. 7877, is hereby amended to read 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 nor-more-than-six-(6}-months SIX (6) MONTHS BUT
NOT MORE THAN ONE (1) YEAR or a fine of not less than Fen

thousand_pesos(P10,000)-nor_more-than—Fwenty-thousand—pesos
220,000) ONE HUNDRED THOUSAND PESOS (P100,000) NOR
MORE THAN TWO HUNDRED THOUSAND PESOS (P200,000),
or both such fine and imprisonment at the discretion of the court.

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

SECTION 4. 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,