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Republic of the Philippines DATESO Jig 2953
HOUSE OF REPRESENTATIVE! TIME: 3 + Ff

Quezon City, Metro Manila

SEVENTEENTH CONGRESS

FIRST REGULAR SESSION peeiste rion thir
WD INDEX SERVICE
House Bill No__1.94  |_BULLS ANd INDEX

HOUSE OF REPRESENTATIVES

Introduced by ACTS-OFW Representative Aniceto R. Bertiz IIT

Explanatory Note

In the still recent past, we were shocked by allegations of our distressed migrant
workers that they were victims of acts of sexual harassment committed by the very people in
their job sites who were tasked to give them protection,

‘The light penalties of reprimand and one month suspension imposed on their alleged
tormentors raised creeping concem that sexual harassment acts, if committed again by the
supposed protectors of migrant workers, shall be meted similar insignificant sanction,

‘The realization that Republic Act No. 7877 or the “Anti-Sexual Harassment Act of
1995” DOES NOT cover the officials and employees of our diplomatic and consular offices
abroad weakens further the already frightened stand of our OFWs when faced with a need to
fight for their maligned and trampled dignity

This bill cures this defect in our law, by proposing to cover errant diplomatic and/or
consular officials and employees. providing sanctions therefor, and increasing the penalties
provided by R.A. No. 7877.

May this august body find the urgent need to pass this bill into law, soonest.



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

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

House Bill No. _194

~~ Introduced by ACTS-OFW Representative Aniceto R. Bertiz. III

AN ACT EXPANDING THE COVERAGE OF THE ANTI-SEXUAL HARASSMENT
ACT OF 1995, TO INCLUDE OFFICERS AND EMPLOYEES OF OUR
DIPLOMATIC AND CONSULAR ABROAD, THEREBY AMENDING REPUBLIC
ACT No. 7877.

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

Section 1. This Act shall be called the “Expanded Anti-Sexual Harassment Act of 2016”
Section 2. - Section 2 of Republic Act No. 7877 is hereby amended to read as follows:

“SECTION 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, HERE AND OVERSEAS, employees, applicants
for employment, students or those undergoing training, instruction or education,
INCLUDING FILIPINOS SEEKING REFUGE OR ASSISTANCE IN ANY FORM FROM
‘A PHILIPPINE DIPLOMATIC/CONSULAR POST. Towards this end, all forms of sexual
harassment in the employment, education or training environment AND TN ALL
DIPLOMATIC/CONSULAR POSTS are hereby declared unlawful.”

Section 3. There is hereby provided a Sec. 3-A to R.A. No. 7877, to read as follows:

“Sec, 3-A. SEXUAL HARASSMENT BY DIPLOMATIC/CONSULAR
PERSONNEL DEFINED ~ SEXUAL HARASSMENT IN A DIPLOMATIC/CONSULAR
POSE IS COMMITTED BY AN EMPLOYEE, CAREER OFFICER OR LOCAL HIRE OR
BY ANY PERSON, WHO HAVING AUTHORITY, INFLUENCE OR MORAL
ASCENDANCY OVER A DISTRESSED OVERSEAS FILIPINO WORKER IN HIS OR
HER AREA OF JURISDICTION, DEMANDS, REQUESTS OR OTHERWISE REQUIRES
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 DIPLOMATIC/CONSULAR POST, SEXUAL HARASSMENT IS COMMITTED
WHEN:


1, THE SEXUAL FAVOR IS MADE AS A CONDITION IN THE REPATRIATION OF
SAID INDIVIDUAL, IN GIVING ASSISTANCE, OR IN THE FILING OF A CASE
AGAINST HIS OR HER ABUSIVE EMPLOYER OR FOREIGN AGENT: OR WHEN THE
$AL TO GRANT THE SEXUAL FAVOR BEARS WITH IT A THREAT TO

URN SAID INDIVIDUAL TO HIS OR HER EMPLOYER OR FOREIGN AGENT;

HE ABOVE ACTS WOULD RESULT IN AN INTIMIDATING, HOSTILE, OR
OFFENSP VIRONMENT FOR THE DISTRESSED OVERSEAS FILIPINO
WORKE!

3. THE SEXUAL FAVOR IS ASKED OF ANY FILIPINO SEEKING REFUGE IN AN
EMBASSY-RUN SHELTER OR ANY DIPLOMATIC/CONSULAR OFFICE,

ANY DIPLOMATIC/CONSULAR PERSONNEL 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 HAVE NOT BEEN COMMITTED, SHALL ALSO BE
HELD LIABLE UNDER THIS ACT,”

Section 4, Sec, 4 of R.A. No. 7877, is hereby amended to read as follows:

“SECTION 4, Duty of the Employer or Head of Office ina Work-related, Education
or Training Environment OR HEAD OF POST WITH JURISDICTION OVER OFWs. - It
shall be the duty of the employer or the head of the work-related, educational or training
environment or institution, OR THE HEAD OF DIPLOMATIC/CONSULAR POST WITH
JURISDICTION OVER FILIPINO MIGRANT WORKERS. 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, OR HEAD OF DIPLOMATIC/CONSULAR POST shall
(a) Promulgate appropriate rules and regulations in consultation with and jointly approved by
the employees or students or trainees OR OVERSEAS FILIPINO WORKERS, through their
duly designated representatives, prescribing the procedure for the investigation of sexual
harassment cases {and the administrative sanctions therefor}

[Administrative sanctions shall not be a bar to prosecution in the proper courts for
unlawful acts of sexual harassment,| The said rules and regulations issued pursuant to this
ibsection (a) shall include, among others, guidelines on proper decorum in the workplace
and educational or training institutions, AND IN DIPLOMATIC/CONSULAR POSTS
WORLDWIDE
(b) Create a committee on decorum and investigation of cases on sexual harassment. The
committee shall conduct meetings, as the case may be, with officers and employees, teachers,
instructors, professors, coaches, trainors, and students or trainees, AND IN A
DIPLOMATIC/CONSULAR POSTS WITH DIPLOMATIC OR CONSULAR OFFICIALS
AND PERSONNEL INCLUDING LOCAL HIRES AND OVERSEAS WORKERS to
increase understanding and prevent incidents of sexual harassment. It shall also conduct the
investigation of alleged cases constituting sexual harassment,

In 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

3


the administration, the trainors, instructors, professors or coaches and students or trainees, as
the case may be.

IN THE CASE OF DIPLOMATIC/CONSULAR POSTS, THE COMMITTEE SHALL BE
COMPOSED OF AT LEAST ONE (1) REPRESENTATIVE EACH FROM THE
PHILIPPINE EMBASSY OR PHILIPPINE CONSULATE-GENERAL, ONE (1)
RESPECTED AND IMPARTIAL FILIPINO COMMUNITY LEADER, AND ONE (1)
REPRESENTATIVE/OBSERVER FROM THE APPROPRIATE DEPARTMENT OR
AGENCY.

The employer or head of office, educational or training institution OR THE HEAD OF A.
DIPLOMATIC/CONSULAR POST shall disseminate or post a copy of this Act for the
information of all concemed.””

Section 5- Sec.5 of R.A.No, 7877 is hereby amended to read as follows’

“SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution
OR HEAD OF DIPLOMATIC/CONSULAR POST. - The employer or head of office,
educational or training institution , OR DIPLOMATIC/CONSULAR POSTS shall be
solidarily liable for damages arising from the acts of sexual harassment committed in the
employment, education or training environment OR FOREIGN POST. if the employer or
head of office, educational or training institution OR HEAD OF

DIPLOMATIC/CONSULAR POST is informed of such acts by the offended party and no
immediate action is taken.”

Section 6. - Sec. 6 of R.A. No. 7877 is hereby amended to read as follows’

“SECTION 6. Independent Action for Damages. - Nothing in this Act shall preclude the
victim of work. education or training-related sexual harassment OR ACTS COMMITTED
BY DIPLOMATIC/CONSULAR PERSONNEL IN A FOREIGN POST from instituting a
separate and independent action for damages and other affirmative relief. *

Section 7. - Sec 7 of R.A. 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] SIX MONTHS
nor more than [six (6) months} ONE YEAR, or a fine of not less than {Ten thousand pesos
(P10,000)] ONE HUNDRED THOUSAND PESOS (P100,000.00) nor more than [Twenty
thousand pesos (P20,000)] TWO HUNDRED THOUSAND PESOS 9P200,000.00), 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

IF THE OFFENDER IS A GOVERNMENT OFFICIAL OR EMPLOYEE, HE/SHE SHALL
SUFFER ANY OR ALL OF THE FOLLOWING PENALTIES:

1, WITHHOLDING OF SALARY;

2. SUSPENSION OF AT LEAST SIX (6) MONTHS WITHOUT PAY:

3. DISMISSAL FROM SERVICE WITH DISQUALIFICATION TO HOLD ANY
APPOINTIVE OR ELECTIVE POSITION FOR FIVE (5) YEARS



ADMINISTRATIVE SANCTIONS SHALL NOT BE A BAR TO PROSECUTION IN THE,
PROPER COURTS FOR UNLAWFUL ACTS OF SEXUAL HARASSMENT.”

Section 8. Separability Clause. - If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions hereof shall not be affected by such
declaration.

Section 9, 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 10. 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,