THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
'04 
-3 ;'2 ' 2 7  
. _  
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Penal Code, Article 245, penalizes a public officer who solicits or makes immoral or 
indecent advances to suly person under his custody or interested in matters pending before him. 
This provision has a very limited coverage as it excludes other public officers who use and abuse 
their public office in oI;der to satisfy their lust or sexual perversion. 
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. .  
This bill seeks to expand the coverage of Article 245 by including acts constituting sexual 
harassment committed by public officials. 
This bill is a product of the public hearings conducted by the Committee on 
Constitutional Amendments, Revision of Codes and Laws during the Tenth Congress. 
, 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING ARTICLE 245 OF THE REVISED PENAL CODE ENTITLED ABUSE 
AGAINST CHASTITY BY RENAMING THE FELONY TO SEXUAL HARASSMENT BY 
PUBLIC OFFICERS AND ADDING ANOTHER PARAGRAPH TO BE CITED AS 
PARAGRAPH THREE (3) DEALING WITH CASES NOT FALLING WITHIN THE 
COVERAGE OF PARAGRAPHS ONE (1) AND TWO (2) OF THE SAME ARTICLE AND 
FOR OTHER PURPOSES 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Title Seven, Chapter Six, Section Four, Article 245 of the Revised Penal 
Code is hereby amendkd to read as follows: 
“Section 4. (Abuse Against Chastity) SEXUAL HARASSMENT BY 
PUBLIC OFFICERS. 
Article 245. [Abuse Against Chastity] SEXUAL HARASSMENT BY 
PUBLIC OFFICERS. - PENALTIES. - The penalties of prision correccional in 
its medium and maximum periods and temporary special disqualification shall be 
imposed: 
1. Upon any public officer who shall solicit or make immoral or indecent 
advances to any person interested in matters pending before such officer for 
decision, or with respect to which the public officer required to submit a report, or 
consult with, superior officer; 
2. Any warden or other public officer directly charged with the care and 
custody of prisoners or persons under arrest who shall fail solicit or make 
immoral or indecent advances to any person under his custody. 
If the person solicited be the spouse, child, sibling, parent, or relative 
within the same degree of affinity or any person in the custody of such warden or 


officer, the penalties shall be prision correccionul in its minimum and medium 
periods and temporary special disqualification. 
3. ANY PUBLIC OFFICER WHO SHALL SOLICIT OR MAKE 
IMMORAL, INDECENT, OR AMOROUS ADVANCES TO ANY PERSON 
UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: 
A. SUBMISSION TO SUCH ADVANCES IS MADE, EITHER 
EXPRESSLY 
OR 
IMPLIEDLY, A 
TERM 
OR 
CONDITION FOR 
EMPLOYMENT; 
B. SUBMISSION TO SUCH ADVANCES IS MADE, EITHER 
EXPRESSLY OR IMPLIEDLY, A TERM OR CONDITION FOR PROMOTION 
OR OBTENTION OF OTHER BENEFITS AND PRIVILEGES; AND 
C. SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF 
INTERFERING WITH AN INDIVIDUAL’S WORK PERFORMANCE OR 
CREATING AN INTIMIDATING, HOSTILE OR OFFENSIVE WORKING 
ENVIRONMENT. 
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ANY OTHER 
ANNOYING, 
DISGUSTING 
OR 
OFFENSIVE 
CONDUCT THE PURPOSE OF WHICH IS TO SATISFY THE PUBLIC 
OFFICER’S LUST OR SEXUAL PERVERSION SHALL LIKEWISE BE 
TREATED AS SEXUAL HARASSMENT UNDER PARAGRAPH THREE (3) 
HEREOF. 
SECTION2. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved. 
1785