WHAT ARE THE EXISTING LAWS OR POLICY ISSUANCES RELATED TO THE ISSUE?

Section 13 of the Magna Carta of Women (RA9710) provides for Equal Access and
Elimination of Discrimination in Education, Scholarships, and Training. Section 16 of the
law's implementing rules and regulations mandates concerned agencies to develop
programs and policies to prevent Violence Against Women (VAW), including institutional
mechanisms for complaints in cases of rape, sexual harassment, and other forms of violence
and discrimination against women, and provide assistance to students, faculty, or personnel
who have been victims of VAW.
The Civil Service Commission (CSC) promulgated the Administrative Disciplinary Rules on
Sexual Harassment Cases through Resolution No. 01-0940 dated May 21, 2001. Among
other things, this policy enactment of the CSC:
1.

took into account not only the Anti-Sexual Harassment Law of 1995 as legal basis
but also the Philippine Constitution, the Administrative Code of 1987 as well as the
Vienna Declaration and Programme of Action and the Beijing Declaration and Platform
for Action;

2.

laid down the procedural rules governing the handling and disposition of
administrative cases involving sexual harassment;

3.

specified the various categories of sexual harassment (i.e. light, less grave and grave
acts of sexual harassment) and their corresponding penalties; and

4.

directed all government offices and agencies to formulate their own administrative
rules on sexual harassment cases. Notably, the CSC Rule removed the requirement of
the law that the offer should be one with authority, influence or moral ascendancy
over the victim hence it also covers SH among peers.

Source: http://www.pcw.gov.ph/wpla/antisexual-harassment

Example of IRR for the Anti-Sexual Harassment Act of

1995
Student Conduct
Anti-Sexual Harassment Act of 1995 R.A. 7877
What is R.A 7877 ?
Also known as Anti-Sexual Harassment Act of 1995
This law declares as unlawful all forms of sexual harassment in school and in places of work.
It penalizes or punishes the offender after judgment by a court of Law and also allows the punishment of any
offender under the rules and regulations that a school or place of work may adopt in accordance with the
provisions of the law itself.
What is the purpose of the Law?
To guarantee that the learning and working environment is free from any sexual harassment and is conducive
for a harmonious and productive work and study.
In attaining this purpose the law seeks to value the dignity of individuals and protect the human resources of
the country by guaranteeing full respect for the human rights of the people

Implementing Rules and Regulations for the Anti-Sexual Harassment Act of 1995 (R.A.#7877)
PART I: STATE AND SCHOOL POLICIES
Section 1. State Policy
The state shall value the dignity of every individual, enhance the development of its human resources,
guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for
employment, students or those undergoing training instruction or education. Towards this end, all forms of
sexual harassment in the employment, education or training environment are hereby declared unlawful.
It is the duty of the employer to prescribe the guidelines on proper decorum in the workplace and educational
institution, and to provide the procedure for the resolution settlement or prosecution of said acts.
Section 2. School Policy
One objective of the Holy Angel University is to foster an open learning and working environment. This implies
its obligation to provide an environment that is free from sexual harassment and from fear that it may occur.
Since the entire academic community suffers when sexual harassment takes place. It is the declared policy of
Holy Angel University that sexual harassment is unacceptable behavior and a violation of the law shall never be
tolerated or condoned.
Violations of these policies shall result in disciplinary action including but not limited to expulsion or termination
as the case may be, without prejudice to criminal prosecution
All members of the HAU community affected by or involved in a sexual harassment incident shall be treated with
respect and given full opportunity to present their side of the incident.
Considering the delicate nature of such incidents and possible misconceptions and apprehensions, the University
shall accord the respondent as much respect as the complainant, by ensuring confidentiality and due process in
the investigation of the case and by punishing those who commit damaging intrigue, perjury or those who are
found to have made false accusations.

PART II: DEFINITION OF TERMS

Section 1. School Personnel
This refers to all persons workwing for Holy Angel University, and includes the following:
Teaching Staff- actually engaged in the teaching service;
School Administrators- the school head or the chief operating officer of a school or in general, those who are
duly appointed (and occupying) a position of responsibility involved in both policy-formulation and
implementation;
Academic Non-Teaching Personnel- any employee possessing certain prescribed academic functions directly
supportive of teaching, such as librarians, guidance counselor, researchers, research assistants, and the like;
Non-Academic Personnel- any employee who does not fall under the definition and coverage of teaching staff,
administrators and academic non-teaching personnel.
The University shall be considered both as a place of study and a place of work.
Section 2. Sexual Harassment
Sexual harassment is committed by an employer, agent of the employer, manager, supervisor, employee,
instructor, coach, trainor or any other person who having authority, influence, moral ascendancy or physical
superiority over another in a work/educational environment demands, requests or requires any sexual favor
from another, whether or not the other person accepts the demand, request or requirement. Forms of sexual
harassment include:
Forms of Sexual Harassment:
Unwelcome sexual advances
Repeated sexually oriented kidding, teasing, joking or flirting;
Verbal abuse of a sexual nature;
Graphic commentary aboutan individuals body, sexual prowess or sexual deficiencies;
Leering, whistling, touching, pinching or brushing against anothers body;
Displaying objects which are sexual in nature that would create a hostile or offensive environment;
Serious physical abuses such as sexual assault and rape;
Persistent and unwanted attempts to change an educational or professional relationship to a personal or
intimate one.
Section 3. When Sexual Harassment is Committed
In a school-as-a-place-of-study setting, sexual harassment is committed:
Against one who is under the care, custody or supervision of the offender;
Against one whose education, training, apprenticeship or tutorship of the victim is entrusted to the offender;
The sexual favor is made a condition to the giving of a passing grade, or the granting of honors and/or
scholarships, or the payment of a stipend, allowance or other benefits, privileges or considerations;
The sexual advances result in an intimidating hostile or offensive environment fort the
student/trainee/apprentice.
In a school-as-a-place-of-work setting, sexual harassment is committed:
The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued
employment of the victim;

The sexual favor leads to the granting of favorable compensation, terms, conditions, promotions or privileges;
The refusal to grant the sexual favor results in the limiting, segregating or classifying the employee in a way
that will discriminate, deprive or diminish employment opportunities or otherwise adversely affect said
employee;
The sexual favor or its refusal impairs the employees rights or privileges under existing labor laws;
The sexual favor or its refusal results in an intimidating hostile or offensive for the employee.
Sexual harassment can be verbal, visual or physical. It can be overt, as in the suggestion that a person could
get a higher grade or a salary increase by submission to sexual advances. The suggestion need not be direct or
explicit, it can be implied from the conduct, circumstances and relationship of the person involved.
Section 4. Offenders
Offenders may be those who have authority, influence or moral ascendancy over another. Students committing
sexual offenses will be charged as per provisions of the Student Manual/Handbook.
Section 5. Other Persons Liable
Any person who directs or induces another to commit or succumb to any act of sexual harassment, or who
cooperates in the commission of the act, shall also be held liable under these Rules. Theirs penalties will be
determined by the extent and nature of their involvement.
Sections 6. Sanctions
The Board shall choose from the following based on the gravity of the offense as determined by it.
Reprimand
Suspension
Termination
Progressive Discipline applies
Section 7. Sanctions Not a Bar to Court Action or Other Actions
Administrative sanctions shall not be a bar to prosecution in the proper courts. Any offense not falling hereunder
may be referred to other school authorities for proper action.
Section 8. Harassment Outside the Campus
The University and the Anti-Sexual Harassment Board herein defined shall take cognizance of sexual harassment
cases committed by the members of its community outside the campus and beyond classroom and office hours
if the sexual favor falls under section 3 hereof.

PART III: ANTI-SEXUAL HARASSMENT BOARD

Section 1. Anti-Sexual harassment Board and its Functions
An Anti-Sexual harassment Board is hereby created. The Board shall conduct orientation, as the case may be,
for employees, faculty, coaches, students, etc., to increase understanding and prevent incidents of sexual
harassment. It shall also conduct the investigation of alleged cases. The Board may form a Committee to initially
determine if submitted cases merit investigation. The Committee may refer to the Board of Discipline, the
Grievance Committee or the Anti-Sexual Harassment Board depending on the nature of the offense.
Section 2. Composition of the Board
The Board shall be composed of representatives of the different sectors of the University as follows:

Chairperson

Administrator

Vice-Chairperson

Administrator

Members

1 Male and 1 Female Faculty

1Male and 1 Female Employees (from rank and file)
1 Male and 1 Female Students
University Chaplain

The University shall appoint a Guidance Counselor to provide assistance to the alleged victim, if he/she is a
student.

PART IV: GRIEVANCE PROCEDURES

Section 1. Right to Due Process
No disciplinary sanction shall be applied upon any respondent except for cause, and after due process shall have
been observed. The respondent must be afforded confidentiality during the proceedings
Due Process means?
The alleged offender is informed in writing of the accusation against him;
He is given the chance to answer the charges against him, with the assistance of counsel if desired;
He is informed of the evidence against him;
He is given the chance to present evidence on his own behalf;
All the evidences are considered by the Committee
Section 2. Written Complaint
The complaint must be in writing, under oath and must contain the following information:
The name(s) and address(es) of the complainant/s;
The name (s) of the respondent(s);
Narration of incident (when, where, how);
The name(s) of witness(es), if any;
Attachments of pertinent papers or documents in support of the complaint.
Section 3 - Furnishing Respondent with Complaint
The Board shall immediately furnish the offender a copy of the complaint and all its attachments, and shall
direct him to submit an answer and accompanying documents within ten (10) days from receipt thereof. The
Board shall schedule the hearing on a date immediately after the give period.
Section 4 - When Victim is a Minor
When the offended party is a minor, the parents, or any adult school personnel may file the complaint for the
minor.
Section 5 - Failure to Answer
If offender fails to answer in writing and under oath and submit documents (within ten days from receipt of the
complaint), or fails to appear during the conference, the offender shall be deemed to have waived his right to
present his evidence and the case shall be heard in his absence.

Section 6 - Confidentiality
The Board should make every effort to maintain confidentiality
Section 7 - Reasonable Man/Woman
In view of the fact that the perceptions of men and women may differ as to what constitutes harmless fun on
one hand and offensive conduct on the other hand, the Board shall adopt a reasonable man/woman rather
than a reasonable person, standard to determine whether the act is unwelcome and sufficiently pervasive to
constitute sexual harassment. Under this standard, the proper focus is on the victims perspective of the given
act. Thus, in a typical case, a sexual harassment complaint is proven if a reasonable man or a reasonable
woman would consider the act hostile or offensive.
Section 8 - Liability of the Employer or Head of Officer or University
The employer or head of office/university shall be solidarily liable for damages arising from the acts of sexual
harassment committed on campus if the employer or head of office/university is informed of such acts by the
offended party and no action is taken thereon within ten (10) calendar days from receipt of the complaint.
Section 9 - Written Records
Written records of cases of sexual harassment must be kept and treated with confidentiality. Therefore, the
public should have no access to them except upon order of the court. All records shall be kept by the Board
Secretariat.
Section 10 - Procedures
The procedures will be summary. The offender cannot invoke cross-examination as a matter of right but may be
allowed to ask clarificatory questions if deemed necessary by the Board. If in the motu propio opinion of the
Board, no hearing is necessary then it shall issue an order to the effect and declare the case submitted for
resolution.

PART V: MISCELLANEOUS PROVISIONS

Section 1. Preventive Suspension of Accused
Any respondent may be placed immediately under preventive suspension without pay for a period not exceeding
thirty (30) days
Section 2. Incriminating Innocent Persons
Any member of the academic community, who shall, by perjury, incriminate or impute to an innocent person the
commission of a sexual harassment act, shall be meted appropriate penalty by the board.
Section 3. Separability Clause
If any part or provision of the Act or any of these implementing rules and regulations be held invalid or
unconstitutional, it shall not affect the effectivity and implementation of its remaining parts or provisions.
Section 4. Repealing Clause
Any rules and regulations, orders and policies of the University which are inconsistent with any provision of the
Act or with any of these implementing rules and regulations, are hereby deemed repealed or modified, as the
case may be.
Section 5. Effectivity
These Rules and Regulations shall take effect fifteen (15) days after publication and posting by the Board.

Source: http://www.hau.edu.ph/student_affairs/antisexualharass.php

Republic Act 7877

Anti-Sexual Harassment Act of 1995

Files:

Republic Act 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,

EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.
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 "Anti-Sexual Harassment Act of
1995."
SECTION 2. Declaration of Policy. - The State shall value the dignity of every individual,
enhance the development of its human resources, guarantee full respect for human rights,
and uphold the dignity of workers, employees, applicants for employment, students or those
undergoing training, instruction or education. Towards this end, all forms of sexual
harassment in the employment, education or training environment are hereby declared
unlawful.
SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - 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.
(a) In a work-related or employment environment, sexual harassment is committed
when:
(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 of 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 ordiminish employment opportunities or otherwise
adversely affect said employee;
(2) The above acts would impair the employee's rights or privileges under
existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive
environment for the employee.

(b) In an education or training environment, sexual 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 consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive
environment for the 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. Duty of the Employer or Head of Office in a Work-related, Education or
Training Environment. - It shall be the duty of the employer or the head of the workrelated, educational or training environment or institution, to prevent or deter the
commission of acts of sexual harassment and to provide the procedures for the resolution,
settlement or prosecution 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 joint1y
approved by the employees or students or trainees, through their duly designated
representatives, prescribing 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.
(b) Create a committee on decorum and investigation of cases on sexual harassment.
The committee shall conduct meetings, as the case may be, with 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 alleged cases constituting sexual harassment.
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,
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 this Act for the information of all concerned.
SECTION 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 is informed of such acts by the offended party and no immediate action is taken.
SECTION 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.
SECTION 7. Penalties. - Any person who violates the
conviction, be penalized by

provisions of this Act shall, upon

imprisonment of not less than one (1) month nor more than six

(6) months, or a fine of not less than Ten thousand pesos (P10,000) 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.
SECTION 8. Separability Clause. - If any portion or provision of this Act is declared void
or unconstitutional, the remaining portions or provisions hereof shall not be affected by
such declaration.
SECTION 9. 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 10. 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:
Source: http://pcw.gov.ph/law/republic-act-7877