Published — January 31, 2019
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Related Topic: Preventing sexual harassment in the workplace
In line with the State policy to value and enhance the dignity of every person and guarantees respect for human rights (Sec. 11, Art. 2 of 1987 Constitution), Republic Act No. 7877, otherwise known as Anti-Sexual Harassment Act of 1995 (RA No. 7877) was enacted.
As generally understood by the public, sexual harassment is any unwanted sexual attention. This attention can be verbal, visual, gestural, or physical and can range from a sexist remark to sexual assault. Under Republic Act No. 7877, otherwise known as Anti-Sexual Harassment Act of 1995 (RA No. 7877), the harasser’s intention is irrelevant. The victim’s perception of the situation as wanted or unwanted determines whether or not it is sexual harassment (Bureau of Workers with Special Concerns, Department of Labor and Employment, Workplace Sexual Harassment, November 2016).
For the continuing State commitment to prevent and punish those who commit acts of sexual harassment, our legislators continue to enact laws defining sexual harassment and imposing stiffer penalties against those who commit sexual harassment in the workplace or while in training and in educational institutions (House Bill No. 8244, September 13, 2018).
House Bill No. 8244, the bill seeking to strengthen RA No 7877, defines Sexual Harassment as an act, which may be committed physically, verbally, visually or with the use of information and communications technology, including any other means, that would result in an intimidating, hostile, or offensive environment for the victim. This is regardless if the act is done within or outside the place of employment, training, or education (Pathricia Ann V. Roxas, House approves expanded anti-sexual harassment bill, The Philippine Inquirer, November 13, 2018).
Some of our Supreme Court decisions describe acts of Sexual Harassment as, an imposition of misplaced “superiority” which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment (Domingo v. Rayala, G.R. Nos. 155831, 155840 & 158700, [February 18, 2008], 569 PHIL 423-458). Sexual harassment abounds in all sick societies. It is reprehensible enough but more so when inflicted by those with moral ascendancy over their victims. (Villarama v. National Labor Relations Commission, G.R. No. 106341, [September 2, 1994], 306 PHIL 310-322)
Who may be held liable for Sexual Harassment?
Under Section 3 of RA No. 7877, 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.
On the same basis, any person who directs or induces another to commit any act of sexual harassment as 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. Also, the employer or head of office shall be solidarily liable for damages arising from the acts of sexual harassment committed in the workplace if the employer or head of office is informed by the offended party of such acts and no immediate action is taken (Sec. 5, RA No 7877).
Acts of Sexual Harassment in a work-related or employment:
Under Section 3 of RA No. 7877, regardless of sex, a person commits sexual harassment in a work-related or employment when:
- The sexual favor is made as a condition in the hiring or 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 a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
- The above acts would impair the employee’s rights or privileges under existing labor laws; or
- The above acts would result in an intimidating, hostile, or offensive environment for the employee.
In the case of Bacsin v. Wahiman, G.R. No. 146053, the Supreme Court held that, while it is true that this provision on RA 7877, The Anti-Sexual Harassment Act of 1995 calls for a ‘demand, request or requirement of a sexual favor,’ it is not necessary that the demand, request, or requirement of a sexual favor be articulated in a categorical oral or written statement. It may be discerned, with equal certitude, from the acts of the offender.
The gravamen of the offense in sexual harassment is not the violation of the employee’s sexuality but the abuse of power by the employer. Any employee, male or female, may rightfully cry “foul” provided the claim is well substantiated. Strictly speaking, there is no time period within which he or she is expected to complain through the proper channels. The time to do so may vary depending upon the needs, circumstances, and more importantly, the emotional threshold of the employee (Philippine Aeolus Automotive United Corporation vs. NLRC 331 SCRA 237 , April 28, 2000).
Penalties
Under Section 7 of RA No. 7877, any person who commits sexual harassment shall, upon conviction, be penalized by imprisonment of from 1 month to 6 months, or a fine of P10,000.00 to P20,000.00, or both such fine and imprisonment at the discretion of the court.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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