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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 1479

Introduced by GABRIELA Women's Party List
Representatives LUZVIMINDA C. ILAGAN and EMERENCIANA A. DE JESUS

EXPLANATORY NOTE

Republic Act (R. A.) No. 7877 has been in existence for more than ten (10) years now,
and yet, cases of sexual harassment which it sought to curb and curtail remain to be rampant.
Prosecutions under the said law are but a few.

In many complaints for sexual harassment that we received mostly from women
employees, students and workers, we noted one common factor that deterred the victims!
recourse to the proper courts, and that is, the difficulty in surmounting the evidentiary
requirement of the perpetrator's use of influence or moral ascendancy against the victim. This
proposed amendment to R. A. 7877 seeks to address such limitation and legal obstacle. By so
doing, it also rightfully recognizes the inherent difficulty of the subordinate victim's position in
the place of work, training or education.

This proposed amendment also recognizes that sexual harassment may be committed
by a co-employee, fellow trainee or student, hence, the proposed amendment to the definition
of sexual harassment.

Lastly, this bill strengthens the policy that prevention of sexual harassment in the place
of work, training and education is the primary responsibility of the employer, or the head of
training or educational environment, by the imposition of stricter requirements and stiffer

In view of the above, approval of this bill is earnestly sought.

'UZWIMINDA C. ILAGAI EMERENCIANA A. DE JESUS

Gabriela Women’s Party List Gabriela Women’s Party List


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

FIFTEENTH CONGRESS
First Regular Session

House sili No.__ 1479

Introduced by GABRIELA Women's Party List
Representatives LUZVIMINDA C. ILAGAN and EMERENCIANA A. DE JESUS

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 the Act is hereby amended to read as follows:
"Sec. 3. SEXUAL HARASSMENT IS COMMITTED AS FOLLOWS:

A) IN THE PLACE OF EMPLOYMENT, TRAINING OR EDUCATION, BY ANY PERSON
WHO ENGAGES IN ANY UNWANTED OR UNWELCOME SEXUAL ADVANCE,
REQUEST OR DEMAND FOR SEXUAL FAVOR OR OTHER VERBAL OR PHYSICAL
CONDUCT OF A SEXUAL NATURE AGAINST AN EMPLOYEE, EMPLOYER, TRAINEE,
TRAINOR, STUDENT, INSTRUCTOR, TEACHER OR PROFESSOR.

B) OUTSIDE THE PLACE OF EMPLOYMENT, TRAINING OR EDUCATION, BY 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, MAKES ANY UNWANTED OR UNWELCOME
SEXUAL ADVANCE, REQUEST OR DEMAND FOR SEXUAL FAVOR OR OTHER
VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE.

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 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, 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 the 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 in the
workplace and educational or training institutions and 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 subsection (a) shall include,
among others, guidelines on proper decorum in the workplace and educational or
training institutions AND PROVIDE FOR A PERIOD OF NOT MORE THAN FORTY EIGHT
(48) HOURS WITHIN WHICH TO ACT ON COMPLAINTS AGAINST SEXUAL HARASSMENT.

(b) Create a Committee on Decorum and Investigation for cases of sexual
harassment. The Committee shall conduct meetings, as the case may be, with
other officers and employees, teachers, instructors, professors, coaches, trainors
and students or trainees to increase understanding and prevent incidents of
sexual harassment. It shall also conduct the investigation of the alleged cases
constituting sexual harassment.

(c)__ DISSEMINATE OR POST A COPY OF THIS ACT AND THE RULES AND REGULATIONS
MENTIONED IN (a) ABOVE FOR THE INFORMATION OF ALL CONCERNED.

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 employer or head of office, educational or training institution shall disseminate or
post a copy of this Act for the implementation of all concerned.]"

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 the
employment, education or training environment if the employer or head of office,
educational or training institution HAS KNOWLEDGE OF SUCH ACT OR ACTS
CONSTITUTING SEXUAL HARASSMENT OR IF THE EMPLOYER OR HEAD OF OFFICE,
EDUCATIONAL OR TRAINING INSTITUTION IS PRESUMED TO HAVE KNOWLEDGE OF
SUCH ACTS and no immediate action is taken thereon.

THE EMPLOYER OR HEAD OF THE OFFICE IS PRIMA FACIE PRESUMED TO HAVE
KNOWLEDGE OF SUCH ACT OR ACTS CONSTITUTING SEXUAL HARASSMENT IN THE
FOLLOWING INSTANCES:

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


2 IF A COMPLAINT WAS MADE BEFORE THE COMMITTEE OR AUTHORITY
DESIGNATED TO RECEIVE COMPLAINTS AND/OR INVESTIGATE CASES OF SEXUAL
HARASSMENT AS PROVIDED IN THE RULES AND REGULATIONS IT IS MANDATED
‘TO PRESCRIBE

3. IF THE HARASSMENT IS OPENLY PRACTICED OR WELLKNOWN 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 AND
BENEFITS SUCH EMPLOYEE IS ENTITLED UNDER LABOR AND OTHER APPLICABLE LAWS."

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

"Sec. 6. - Independent Action for Damages. - Nothing in this Act shall preclude 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 FIFTY THOUSAND PESOS (PHP50,000.00) nor
more than TWO HUNDRED THOUSAND PESOS (PHP200,000.00), or both such fine and
imprisonment at the discretion of the court. IF THE PERPETRATOR 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.”

SECTION 6. 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 7. 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.