What is Republic Act No. 7877?
of honors and scholarships, or the payment of
RA 7877 is The Anti-Sexual Harassment Act of
1995. It addresses the issue of sexual harassment
committed in work and education or training
environment.
It was signed into law on February 14, 1995 under
former President Fidel Ramos administration.
What is sexual harassment?
Under the law, work, education or training related
sexual harassment is 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 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.
How is work-related sexual harassment
committed?
1. The sexual favor is made as a condition in
the hiring or in the employment, re-employment
or continued employment of said individual, or in
granting said Individual favorable compensation,
terms, conditions, promotions, or privileges; or the
refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in
any way would discriminate, deprive or diminish
employment opportunities or otherwise adversely
affect said employee;
2. The above acts would impair the employees
rights or privileges under existing labor laws;
or
3. The above acts would result in an intimidating,
hostile, or offensive environment for the
employee.
What about education- or training-related
sexual harassment?
This 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
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 student, trainee or apprentice.
1. A person who directs or induces
another person to commit any act of
sexual harassment or who
cooperates to commit the act,
without which the said act would
not have been committed, will also
be held liable under the law.
What is the duty of the employer or head of
office in a work or education/training
environment?
The employer or head of office is required by the
law to prevent the occurrence of sexual
harassment acts. If in case acts of sexual
harassment were committed, the employer or
head of office should:
1. Disseminate appropriate rules and
regulations which are consulted from and jointly
approved by the employees or students or trainees,
through their duly designated representatives.
The said rules prescribe the procedure for the
investigation of sexual harassment cases and the
administrative sanctions applied for such.
1. Administrative sanctions shall not bar
prosecution in the proper courts for unlawful
acts of sexual harassment.
2. The said rules and regulations should
include guidelines on proper decorum in the
workplace and educational or training
institutions.
2. Create a committee on decorum and
investigation of cases on sexual harassment.
The committee shall conduct meetings or as
the case may be, with officers and employees,
teachers, instructors, professors, coaches,
trainers and students or trainees to increase
understanding and prevent incidents of
sexual harassment. It shall also conduct the
investigation of alleged cases constituting
sexual harassment.
0. 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.
1. 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 may be.
The employer or head of office, educational or
training institution shall disseminate or post a
copy of RA 7877 to inform all concerned
individuals.
What if the employer or head of office did not
undertake any action despite his/her
knowledge of sexual harassment act/s?
The employer or head of an office, educational or
training institution will be held liable for the
damages arising from acts of sexual harassment if
they are informed by the offended party of the
occurrence of such acts, yet no action has been
undertaken.
Can an offended party seek redress by taking
independent action?
An offended party may take independent action
for damages incurred in the act of sexual
harassment. She/He may also avail of relief.
What are the penalties applied to offenders?
Any person who violates the provisions of the law
shall be penalized by imprisonment of not less
than one (1) month nor more than six (6) months,
or a fine of not less than Ten thousand pesos (PI
0,000) nor more than Twenty thousand pesos
(P20.000), 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.
VAWC RA 9262
I. PURPOSE (Sec. 2)
It is hereby declared that the State values the
dignity of women and children and guarantees full
respect for human rights
To protect the family and its members particularly
women and children, from violence and threats to
their personal safety and security
II. DEFINITION OF TERMS (Sec. 3)
VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN any act or a series of acts committed
by any person against a woman who is his wife,
former wife, or against a woman with whom the
person has or had a sexual or dating relationship,
or with whom he has a common child, or against
her child whether legitimate or illegitimate, within
or without the family abode, which result in or is
likely to result in physical, sexual, psychological
harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It
includes, but is not limited to, the following acts:
PHYSICAL VIOLENCE acts that include bodily or
physical harm
SEXUAL VIOLENCE an act which is sexual in
nature, committed against a woman or her child,
including but not limited to:
rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive
remarks, physically attacking the sexual parts
of the victim's body, forcing her/him to watch
obscene publications and indecent shows or
forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal
home or sleep together in the same room with
the abuser;
acts causing or attempting to cause the victim
to engage in any sexual activity by force, threat
of force, physical or other harm or threat of
physical or other harm or coercion;
Prostituting the woman or child.
PSYCHOLOGICAL VIOLENCE - acts or omissions
causing or likely to cause mental or emotional
suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes
causing or allowing the victim to witness the
physical, sexual or psychological abuse of a
member of the family to which the victim belongs,
or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody
and/or visitation of common children
ECONOMIC ABUSE - acts that make or attempt to
make a woman financially dependent which
includes, but is not limited to the following:
withdrawal of financial support or
preventing the victim from engaging in any
legitimate profession, occupation, business
or activity, except in cases wherein the
other spouse/partner objects on valid,
serious and moral grounds as defined in
Article 73 of the Family Code;
deprivation or threat of deprivation of
financial resources and the right to the use
and enjoyment of the conjugal, community
or property owned in common;
destroying household property;
controlling the victims' own money or
properties or solely controlling the
conjugal money or properties.
BATTERY - an act of inflicting physical harm upon
the woman or her child resulting to the physical
and psychological or emotional distress.
BATTERED WOMAN SYNDROME - scientifically
defined pattern of psychological and behavioral
symptoms found in women living in
battering relationships as a result of cumulative
abuse.
STALKING - an intentional act committed by a
person who, knowingly and without lawful
justification follows the woman or her child or
places the woman or her child
under surveillance directly or indirectly or a
combination thereof.
DATING RELATIONSHIP - a situation wherein the
parties live as husband and wife without the
benefit of marriage or are romantically involved
over time and on a continuing basis during the
course of the relationship. A casual acquaintance
or ordinary socialization between two individuals
in a business or social context is not adating
relationship.
SEXUAL RELATIONS - a single sexual act which
may or may not result in the bearing of a common
child
III. ACTS OF VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN (Sec. 5)
The crime of violence against women and their
children is committed through any of the following
acts:
Causing physical harm to the woman or her
child;
Threatening to cause the woman or her child
physical harm;
Attempting to cause the woman or her child
physical harm;
Placing the woman or her child in fear of
imminent physical harm;
Attempting to compel or compelling the woman
or her child to engage in conduct which the
woman or her child has the right to desist from
or desist from conduct which the woman or her
child has the right to engage in, or attempting to
restrict or restricting the woman's or her child's
freedom of movement or conduct by force or
threat of force, physical or other harm or threat
of physical or other harm, or intimidation
directed against the woman or child. This shall
include, but not limited to, the following acts
committed with the purpose or effect of
controlling or restricting the woman's or her
child's movement or conduct:
1. Threatening to deprive or actually
depriving the woman or her child of
custody to her/his family;
2. Depriving or threatening to deprive the
woman or her children of financial support
legally due her or her family, or deliberately
providing the woman's children
insufficient financial support; (3) Depriving
or threatening to deprive the woman or her
child of a legal right;
3. Preventing the woman in engaging in any
legitimate profession, occupation, business
or activity or controlling the victim's own
mon4ey or properties, or solely controlling
the conjugal or common money, or
properties;
4. Inflicting or threatening to inflict physical
harm on oneself for the purpose of
controlling her actions or decisions;
5. Causing or attempting to cause the woman
or her child to engage in any sexual activity
which does not constitute rape, by force or
threat of force, physical harm, or through
intimidation directed against the woman or
her child or her/his immediate family;
Engaging in purposeful, knowing, or reckless
conduct, personally or through another, which
alarms or causes substantial emotional or
psychological distress to the woman or her child.
This shall include, but not be limited to, the
following acts:
1. Stalking or following the woman or her
child in public or private places;
2. Peering in the window or lingering outside
the residence of the woman or her child;
3. Entering or remaining in the dwelling or
on the property of the woman or her child
against her/his will;
4. Destroying the property and personal
belongings or inflicting harm to animals or
pets of the woman or her child; and
5. Engaging in any form of harassment or
violence;
6. Causing mental or emotional anguish,
public ridicule or humiliation to the woman
or her child, including, but not limited to,
repeated verbal and emotional abuse, and
denial of financial support or custody of
minor children of access to the woman's
child/children.