Here, the country's rising star in multifaceted trainings and speaking engagements; Mr. Myron Sta. Ana, talks about Sexual Harassment in the Philippine Workplace according to the provisions of Republic Act No. 7887 or otherwise known as the Anti-Sexual Harassment Act of 1995, which was his topic during his talk for the 3rd and 4th year Business Administration students of Miriam College in Quezon City, Philipppines.

1. Sexual Harassment in the
Workplace
WHAT YOU MUST KNOW

2. Objectives
By the end of my 1-hour talk, you
should have been able to:
• Understand what Sexual Harassment in
the Philippine workplace is;
• Keep in mind the provisions of the Anti-
Sexual Harassment Act of 1995;
• Prepare yourself for any possibility in the
future and be protected.

3. WHAT IS SEXUAL
HARASSMENT?

4. Literary/Dictionary Definition
uninvited and unwelcome verbal or physical behavior
of a sexual nature especially by a person in authority
toward a subordinate (as an employee or student).

5. As defined by R.A. No. 7877
is committed by an employer, employee, manager,
supervisor, agent of the employer, teacher,
instructor, professor, coach, trainer, 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.

6. (OFFENDER) SUPERIOR
(OFFENDED) SUBORDINATE

7. Definition of Terms
ASCENDANCY – governing or controlling
influence
SEXUAL – does not just involve the act itself
but anything that has to do with or related to the
reproductive organs or a behavior which is
sexually motivated or has sexual desires.

8. WHAT ARE THE FORMS
SEXUAL HARASSMENT?

9. Physical:
- Malicious Touching/Acts of Lasciviousness/Lewdness
- Overt Sexual Advances
- Gestures with Lewd Insinuation
Verbal:
- Requests or Demands for Sexual Favors
- Lurid Remarks
Use of Objects, Pictures/Graphics,
Letters or Written Notes with Sexual
Underpinnings:

10. REPUBLIC ACT NO. 7877
(Anti-Sexual Harassment Act of
1995)
AN ACT DECLARING SEXUAL HARASSMENT
UNLAWFUL IN THE EMPLOYMENT, EDUCATION
OR TRAINING ENVIRONMENT, AND FOR OTHER
PURPOSES

11. Who are Covered by this Act?
• Workers or Employees
• Applicants or Candidates for Employment
• Students
• Those Undergoing Training, Institution, or
Education (Trainees)

12. Who are Punishable by or Held Liable in
this Act?
• Employer or Head
• Employee who belongs to a higher level
• Manager/Supervisor
• Agent of the Employer

13. • Anybody else who has authority, influence, or
moral ascendancy over the offended
• Any person who directs or induces another to
commit any act of sexual harassment
• Any person who cooperates in the
commission of the act by another without
whom it would not have been committed

14. • Elementary or High School Teacher
• College or University Professor
• College or University Instructor
• Coach/Trainer

15. Where is this Applicable?
• Workplace
• School
• Any other Place of Training, Institution, or
Education

16. WHEN IS SEXUAL
HARASSMENT COMMITTED?

17. In a work-related or employment
environment:
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 or diminish
employment opportunities or otherwise adversely
affect said employee;

18. In a work-related or employment
environment (continued):
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.

19. In an education or training
environment:
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;

20. In an education or training
environment (continued):
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.

21. WHAT PROCEDURES DO YOU
FOLLOW ONCE HARASSED?

23. YOUR EMPLOYER OR HEAD’S
DUTIES OR INVOLVEMENT

24. 1. PROACTIVE APPROACH - Prevent or deter
the commission of acts of sexual harassment.
2. REACTIVE APPROACH - Provide the
procedures for the resolution, settlement or
prosecution of acts of sexual harassment.

25. In order to attain such ends, your
employer or head shall:
1. Promulgate appropriate rules and regulations in
consultation with and jointly approved by the
employees or students or trainees, through their
duly designated representatives.

26. These appropriate rules and
regulations may include but not
limited to:
• Guidelines on Proper Decorum in the Workplace
• Employee Code of Conduct
– Onboarding or new-hire/employee
orientations/Induction Programs
• Other Related Internal or Client-Provided Policies

27. In order to attain such ends, your
employer or head shall (continued):
2. Prescribe the procedure for the investigation
of sexual harassment cases and the administrative
sanctions therefor.
• Discipline Management Process
• Grievance Procedures

28. In order to attain such ends, your
employer or head shall (continued):
3. Create a COMMITTEE ON DECORUM AND
INVESTIGATION (CODI) of cases on sexual
harassment. The committee shall
conduct meetings, 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.

29. In order to attain such ends, your
employer or head shall (continued):
4. 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.

30. Financial Damages:
- Monetary Settlement
Emotional/Mental/Psychological
Damages:
- Counseling
- Referral to an Agency Offering Professional Help
- Any other Advice or Option Available

31. CAN THE VICTIM PURSUE
INDEPENDENT ACTIONS FOR
THE DAMAGES?

32. ANSWER: YES.
Nothing in this Act shall preclude (rule out in advance)
the victim of work, education or training-related sexual
harassment from instituting a separate and
independent action for damages and other affirmative
relief.

33. WHAT ARE THE PENALTIES
FOR THE VIOLATION OF THIS
ACT’S PROVISION?

34. As per Law:
• Fine of Php10,000 – Php20,000
• Imprisonment of 1-6 months, or
• Both at the discretion of the court based on
the degree of gravity of the offense
– Grave offense
– Less grave offense
– Light offense

35. Generic Sanctions/Disciplinary
Actions in Companies:
Grave offenses – Dismissal
Less grave offenses
1st offense - Fine or suspension for thirty (30) days but not
exceeding six (6) months
2nd offense – Dismissal
Light offenses
1st offense – Reprimand
2nd offense - Fine or suspension not exceeding thirty (30) days
3rd offense - Dismissal

36. THE BEST THINGS TO DO
WHEN DONE AN ACT OF
SEXUAL HARASSMENT

38. • Reject the advance being made firmly but politely
but loud and conspicuous enough for potential
witnesses to hear and see it.
• Take note of the event by recording the date,
exact time and specific location in the workplace
where it happened.
• Tell your closest confidant in the workplace first.

39. • Report it to your immediate supervisor unless
he/she is the offender.
• Go to your HR person in your immediate supervisor’s
absence or if he is the person in question.

40. “A VICTIM REMAINS AS SUCH
ONLY UNTIL SHE LETS JUSTICE
BE SERVED BUT BECOMES AN
ETERNAL FOOL IF SHE DENIES
HERSELF OF IT.”

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