Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 52 13

Introduced by Representative RAMON V. A. “RAV” ROCAMORA.

EXPLANATORY NOTE

According to a survey conducted by the Social Weather Station (SWS) in 2016, 3
out of 5 women have experienced sexual harassment at least once in their lifetime. The
same survey also revealed that the top 3 forms of sexual harassment women experience
are wolf-whistling, lascivious language, and exhibitionism and public masturbation.

Currently, the laws that seek to prevent these acts of sexual harassment are
limited and unresponsive to the bigger issue. The crime of acts of lasciviousness, for
example, requires the touching of the genitalia, anus, groin, breast, inner thigh, or
buttocks of the victim. Thus, the top forms of sexual harassment - that are verbal and
not physical - are not punishable under this provision. The crime of unjust vexation, on
the other hand, does not have a definition under the Revised Penal Code and
jurisprudence will show that a wide range of acts were made punishable under this
vague provision. As for the Sexual Harassment Act of 1995, it is limited to the superior-
subordinate relationship in the workplace or educational institution. Therefore, the law
only penalizes those acts 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.” This does not
address the issue of sexual harassment in general because, as likewise stated by the
SWS 2016 survey, 70% of sexual harassment was committed by a stranger and 58%
happened on the streets and alleys. As for sexual harassment committed online, the
Cybercrime Prevention Act only punishes cybersex or “the willful engagement,
maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of
sexual organs or sexual activity, with the aid of a computer system, for favor or
consideration.” This fails to punish the online forms of sexual harassment such as
cyberviolence or lewd comments directed at a person online. The Anti-Photo and Video
Voyeurism Act of 2009 also fails to address certain forms of sexual harassment because
this law prohibits the taking of photo or video of sexual acts or genitalia but not the
sending of the same to the victim.

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

|ON V.A. “RAV” ROCAMORA
Representative
Lone District, Siquijor


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5213

House Bill No.

Introduced by Rep. Ramon V.A. “Rav” Rocamora

AN ACT PENALIZING ALL FORMS OF SEXUAL HARASSMENT

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

assembled:

SECTION 1. Title. This Act shall be known as the “Comprehensive Anti-Sexual

Harassment Act.”

SECTION 2. Sexual Harassment in General. Sexual harassment is committed by any

person who carries out any of the following acts:

(A) Repeated and persistent unwelcome sexual advances, requests for sexual
favors, or other verbal or physical sexual behavior;

(B) Repeated and persistent unwanted comments, gestures, or actions forced
upon a person without their consent due to their actual or perceived sex,
gender, gender expression, or sexual orientation and identity;

(C) Stalking, or the engaging in a course of conduct involving the repeated visual
or physical proximity, non-consensual communication, or a combination
thereof directed at a specific person that would cause a reasonable person to
fear for his or her safety or the safety of others or to suffer substantial
emotional distress;

(D)Leering, or looking at another in an evil or unpleasantly sexual way that
would cause a reasonable person to fear for his or her safety or to suffer
substantial emotional distress;

(E) Repeated requests for a name, phone number, destination, or any other
information despite rejection;

(F) Cursing, wolf-whistling, cat-calling, or sexist, homophobic, or transphobic
slurs directed at an individual;

(G)Persistent telling of sexual jokes, use of sexual names, or constant use of
sexual innuendoes directed at a person despite his or her objection or
complaint;


1 (H) Repeated unwelcome touching, pinching, poking, groping, or brushing up
2 against someone unnecessarily or deliberately despite objection or
3 complaint;

4 (1) Making offensive or sexual hand or body gestures at another;

5 (J) Flashing or public masturbation;

6 (K) Showing or sending lewd photographs, videos, messages, or other similar
7 materials; or,

8 (L) All analogous cases that evoke a sense of intimidation, hostility, offense, fear,
9 or repulsion from the victim.

10 These acts are punishable whether perpetrated in a public or private space and
11 whether online or offline.

12 SECTION 3. Amendments to Republic Act 7877. Section 3 of RA 7877, otherwise
13. known as the Anti-Sexual Harassment Act of 1995, is hereby amended to read as
14 follows:

15 “Sec. 3. Work, Education, or Training-related Sexual Harassment Defined. - Work,
16 bebe or training-related sexual harassment i is committed by A ANY: PERSON
17 ts

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19 the cee er-anothe °

20 education environment | demands, requests, or otherwise requires any sexual
21 favor from ANOTHER fthe-other}, regardless of whether the demand or request
22 or requirement for submission is accepted by the object of THE said act.
23 SPECIFICALLY, WORK, EDUCATION, OR TRAINING-RELATED SEXUAL
24 HARASSMENT IS COMMITTED IN THE FOLLOWING INSTANCES:

25 (a) In a work-related for-employment} environment fsexual-harassment
26 iscommitted when}:

27 (1) The sexual favor is made as a condition in the hiring or in

28 the employment, re-employment, or continued

29 employment of AN {said} individual, or in granting said

30 individual favorable compensation, terms, conditions,

31 promotions, or privileges; or the refusal to grant the sexual

32 favor results in limiting, segregating, or classifying the

33 employee which in any way would discriminate, deprive, or

34 diminish employment opportunities or otherwise adversely

35 affect said employee;

36 (2)The above acts would impair the employee's rights or

37 privileges under existing labor laws; or

38 (3) The above acts would result in an intimidating, hostile, or

39 offensive environment for the INDIVIDUAL fempleyee}.


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(b) In an education or training environment {sexal—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 INDIVIDUAL {student,
trainee, or apprentice}.

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 4. Penalties. The commission of any of the acts mentioned in Section 2 shall
be punished by imprisonment of one to six months or a fine of Php 10,000.00 to Php
20,000.00 or both, in the discretion of the courts.

SECTION 5. Separability Clause. \f any provision of this Act or any part thereof shall
be declared unconstitutional or invalid, the other provisions, as far as they are
separable, shall remain in force and effect.

SECTION 6. Repealing Clause. All laws, decrees, orders, rules and regulations or parts
thereof which are inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SECTION 7. Effectivity. This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in at least two (2) newspapers of general Circulation.

Approved.