I. INTRODUCTION
Unresolved power relationships between the male and the female will forever be a problem between the genders. This has proven to be one of the more unmanageable problems of human history. In the business sector alone, who would not know about Henry Sy, Wilfred Steven Uytengsu, Jr., or Lucio Tan? It used to be a man’s world and women just lived in it.
It was only very recent that women have started wearing the pants in Philippine society. On top of the list is Corazon Aquino who was installed as the first woman president; the Filipina senators, such as Miriam Defensor-Santiago, Loren Legarda, Pia Cayetano, and Jamby Madrigal; Supreme Court Justice Cecilia Muñoz-Palma; heads of major business enterprises like Socorro Ramos and Robina Gokongwei; and our very own incumbent president, Gloria Macapagal-Arroyo.
However, despite our Constitution being a few of the constitutions that include an equal rights provision, the reality is that the Filipino woman is still discriminated against and subordinated in the home, workplace, church and in society. The prevalence of cases of violence against women is undeniably the proof that there truly is no equality among men and women.
Women’s entry into the workforce has been prompted by necessity, since many families cannot make ends meet if the wife and husband both do not work at full-time jobs. There has been a large and growing number of families in which a woman is the sole means of support. But once in the workplace, women simply want to be left alone to do their jobs. They do not want to use the law to gain an advantage, to get revenge or to put themselves in positions of power.
The laws protect men and women against sexual harassment, but because the problem is intrinsically tied to historical inequalities suffered by women, this paper would focus on the amendment of the definition of sexual harassment in order to address the battle cry of a workingwoman to protect her from such.
II. BODY
- SEXUAL HARASSMENT IN THE PHILIPPINE WORKFORCE
Generally, an act of sexual harassment is a form of prohibited discrimination based on sex, a violation of the duty to provide safe and healthy conditions at work and an offense against dignity[1]. The discrimination part of sexual harassment law reflects an understanding that such law is designed to protect a vulnerable group—in this case mainly women—who is usually the target of inappropriate sexual behavior in the workplace. From this viewpoint, laws prohibiting sexual harassment must be implemented so as to remove an obstacle to the integration of women in the workforce [2].
In July 1994, the Senate and House of Representatives of the Philippine Congress passed Republic Act No. 7877, otherwise known as the "Anti-Sexual Harassment Act of 1995", declaring acts of sexual harassment against women and men, unlawful in the workplace, in schools and training institutions. Meanwhile, The Philippine Civil Service Commission[3] through CSC Resolution No. 956161, promulgated Rules and Regulations prescribing policies on sexual harassment in the public sector’s workplace, procedures for the resolution, settlement or prosecution and adjudication of sexual harassment cases, as well as the guidelines for the proper decorum of officials and employees in the Commission.
A closer look at R.A. 7877 and CSC Resolution No. 956161, is shown below:
| PRIVATE SECTOR (R.A. 7877 – The Anti-Sexual Harassment Act of 1995) | PUBLIC SECTOR (CSC Resolution No. 956161) |
| Sec. 3. Work, Education or Training-related Sexual Harassment Defined. Work, education or training-related sexual harassment is committed by an 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. (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, 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; (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. 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. | Rule III. Definition of Sexual Harassment Sec. 3. Sexual harassment is a form of misconduct involving an act or a series of unwelcome sexual advances, requests for sexual favours, or other verbal or physical behaviour of sexual nature, made directly, indirectly and impliedly under the following instances: (a) such behaviour might reasonably be expected to cause discrimination, insecurity, discomfort, offense or humiliation to another person or group; or (b) submission to such conduct is made either implicitly or explicitly a condition of employment, (c) submission to or rejection of such conduct is used as a basis for any employment decision (including, but not limited to, matters of promotion, raise in salary, job security and benefits affecting the employee); or (d) such behaviour has the purpose or the effect of interfering with a person’s work performance, or creating an intimidating, hostile or offensive work environment. Rule IV. Specific Acts Constituting Sexual Harassment Sec. 4. The following acts constitute Employment or Work-Related Sexual Harassment (a) Demand, request or requirement for sexual favour is made for the following consideration 1. as a condition for hiring or employment, re-employment or continued employment of an individual, or 2. in granting said individual favorable compensation, terms or conditions of employment, promotion or privileges; (b) the demand, request, requirement for sexual favor is made against one whose training is entrusted to the offender; (c) the refusal of the demand, request or requirement for sexual favor will limit, classify, or segregate an employee as would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (d) the demand, request or requirement for sexual favor would result in intimidating, hostile or offensive environment for the employee. For this purpose, work or employment related sexual harassment may take place in the following: 1. the Office 2. anywhere else as a result of work responsibilities or employment relations 3. at office-related social functions 4. while on official business outside the office or during work-related travel 5. at official conferences, for a, symposia or training sessions 6. over the telephone, cellular phone, fax machine, E-mail Rule V. Forms of Sexual Harassment Sec. 5. The acts of sexual harassment may take any of the following forms: (a) Physical i. Physical Contact or Malicious Touching ii. Overt sexual advances iii. Unwelcome, improper, or any unnecessary gesture of a sexual nature; or iv. any other suggestive expression or lewd insinuation (b) verbal, such as requests or demands for sexual favors or lurid remarks (c) use of objects, pictures, letters or written notes with bold persuasive sexual under-pinnings and which create a hostile, offensive or intimidating work or training environment which is annoying or disgusting to the victim. |
*See Annex A and B for the complete copy of R.A. 7877 and CSC Resolution No. 956161.
- PENALTIES FOR SEXUAL HARASSMENT IN THE PHILIPPINES
| PRIVATE SECTOR (R.A. 7877 – The Anti-Sexual Harassment Act of 1995) | PUBLIC SECTOR (CSC Resolution No. 956161) |
| Sec. 7 Penalties. Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one (1) month no more than six (6) months, or a fine of not less than Ten thousand pesos (Php 10,000) nor more than twenty thousand pesos (Php 20,000), 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. | Rule X. Administrative Policies Sec. 21. Any person who is found guilty of sexual harassment shall after investigation be meted the penalty corresponding to the gravity and seriousness of the offense. Sec. 22. The penalties for light, less grave and grave offenses are as follows[4]: A. For light offenses 1. reprimand or fine or suspension not exceeding ten days; or 2. fine or suspension not exceeding twenty days; or 3. fine or suspension not exceeding thirty days at the discretion of the disciplining authority. B. For less grave offenses 1. Transfer or demotion in rank or salary of one grade or fine suspension not exceeding six months; or 2. Fine not exceeding four (4) months or suspension not exceeding eight (8) months at the discretion of the disciplining authority. C. For grave offenses: 1. Transfer or demotion in rank or salary from two to three grades or fine in an amount equivalent to six (6) months salary; or 2. Suspension for one year; or 3. Dismissal, at the discretion of the disciplining authority. Sec. 23. The head of office who fails to act on any complaint properly filed for sexual harassment after being informed thereof against any employee in that Office shall be charged with neglect of duty. |
- SEXUAL HARASSMENT LAWS IN OTHER COUNTRIES
France and the Philippines are examples of countries with criminal laws against quid pro quo sexual harassment[5]. The French Penal Code under Articles 222-33 specifies that the "harassment of another person for the purpose of obtaining favors of a sexual nature is punished by one year's imprisonment and a fine of € 15,000." The Philippines has criminalized this form of sexual harassment in the aforementioned R.A. 7877. The penalty for this crime ranges from Php 10,000 to 20,000.
In the Central Eastern Europe Region Central and the former Soviet Union (CEE/FSU) Region, there are some criminal laws, which may be used to prosecute quid pro quo sexual harassment. These laws carry over from the Soviet period and therefore include common elements: obtaining sexual favors from a woman who is dependent on the perpetrator materially or for employment. The following are examples of this type of criminal law[6]:
- Article 118 of the Russian Penal Code provides that, "forcing a woman to engage in sexual intercourse or in the satisfaction of sexual passion in any form by a person on whom the woman is dependent either materially or in terms of employment—is punishable by deprivation of freedom for a period of up to three years."
- Article 116 of the Belarus Criminal Code provides that "sexual harassment occurs when the victim's dependence or defenselessness is used to force intimate contact. If a person forces a woman who is materially or professionally dependent on him to have sexual contact in order to satisfy perverted sexual desires, he is liable to imprisonment for up to three years."
- Article 199 of the Penal Code of Poland reads: "whoever, abusing a relationship of dependence or taking advantage of a critical situation, subjects such a person to sexual intercourse or makes him/her submit to another sexual act or perform such an act shall be subject to a penalty of three years of imprisonment.”
III. CRITIQUE
According to the Anti-Sexual Harassment Act of 1995 or R.A. 7877, in the private workplace, sexual harassment is committed only when an employee, manager, supervisor, agent of the employer, or any other person who, having authority, influence or moral ascendancy over another in a work or training 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. Such definition limits the acts that can be classified as sexual harassment in the workplace.
In an instance where a female employee has been led to believe that she must sleep with her boss to keep her job, is considered sexual harassment under the Act because it is a situation where a superior asks from the woman working under him a sexual favor. But attacks or intimidations to women like when her co-workers regularly tell offensive, sex-related jokes and plaster their walls with pictures of nude women or when a female employee is pinched, fondled against her will or is constantly belittled and referred to with demeaning names, such acts are not covered by R.A. 7877—because they do not involve sexual favors, yet these are cases covered by CSC Resolution No. 956161.
CSC Resolution No. 956161, which basically applies to the public sector, or government offices, gives a more detailed definition for the scope of sexual harassment. It identifies what specific acts constitute sexual harassment. It does not limit sexual harassment cases due to sexual favors only. It also includes verbal or physical behavior that is sexual in nature, whether made directly, indirectly or impliedly. It even covers sexual harassment made in emails, cell phones, telephones and fax machines. Clearly, such resolution has a wider scope than R.A. 7877.
Nonetheless, when you look into the Criminal or Penal Codes of countries like France, Russia, Poland, Belarus, and the Philippines, all their sexual harassment laws only cover cases where an employee, in this case women, are forced to have sexual intercourse or grant sexual favors in order to gain employee status or a promotion. This is appalling as it restricts the harassed to only so much that she can claim against her harasser.
It is however remarkable how CSC Resolution 956161 was able to classify sexual harassment acts into different degrees of offenses with corresponding penalties, which is actually more appropriate because the penalty depends on the gravity of the sexual harassment case committed. This protects the harasser from an offense too severe when he is convicted guilty for something he might not have actually done, or when he is a victim of misinterpretation of the acts he did.
That is probably why many men fear that sexual harassment laws prevent them from complimenting a woman or asking her out for a date. Nothing in the law prevents dating, as long as it is done in a reasonable matter that respects a co-worker’s dignity and wishes. Office romances are not unlawful, as long as both employees welcome the relationship[7].
On top of that, it is so sad that the victims of sexual harassment are made to believe that their experiences have completely stained their personhood and lowered their physical and moral stature in society; that their misfortune made them dirty and unworthy for anyone’s respect. It is so unfair to blame a victim for a misfortune that she herself wished never even happened.
IV. CONCLUSION AND RECOMMENDATIONS
- CONCLUSION
Harassment directed against women in the workplace by their supervisors, fellow employees or third parties interferes with the integration of women in the workforce, reinforces the subordination of women to men in society, violates women's dignity and creates a health and safety hazard at work.
R.A. 7877 should have included sexual advances or propositions, offensive questions or comments about physical appearance or sex life, lewd comments, sexual jokes and insults, leering, the display of pornographic material designed to embarrass or intimidate an employee or student, condescending or paternalistic remarks, inappropriate touching, pinching, or cornering, sexual assault and rape in its definition of what sexual harassment is.
Prevention is imperative to avoid sexual harassment claims and lessen liability. Employers need a strong anti sexual harassment policy, which is vigorously enforced, and must make it clear that sexual harassment will not be tolerated[8]. This should be clearly stated and followed up and monitored by the Department of Labor and Employment (DOLE).
B. RECOMMENDATIONS
a) Come up with a uniform definition of sexual harassment both for the private and public sectors through the amendment of R.A. 7877 and inclusion of provisions singled out from CSC Resolution 956161.
My proposal:
I. Definition
Sexual harassment is a form of misconduct involving an act or a series of unwelcome sexual advances, requests for sexual favors, or other verbal or physical behavior of sexual nature, made directly, indirectly and impliedly.
(a) 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 a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; or
(b) The verbal or physical behavior might reasonably be expected to cause discrimination, insecurity, discomfort, offense or humiliation to another person or group; or
(c) The behavior has the purpose or the effect of interfering with a person’s work performance, or creating an intimidating, hostile or offensive work environment; or
(d) The above acts would impair the employee’s rights or privileges under existing labor laws.
(e) Work or employment related sexual harassment may take place in the following:
- the Office
- anywhere else as a result of work responsibilities or employment relations
- at office-related social functions
- while on official business outside the office or during work-related travel
- at official conferences, for a, symposia or training sessions
- over the telephone, cellular phone, fax machine, E-mail
II. Other specific acts that will constitute sexual harassment
(a) Demand, request or requirement for sexual favor is made for the following consideration:
1. as a condition for hiring or employment, re-employment or continued employment of an individual, or
2. in granting said individual favorable compensation, terms or conditions of employment, promotion or privileges;
(b) the demand, request, requirement for sexual favor is made against one whose training is entrusted to the offender;
(c) the refusal of the demand, request or requirement for sexual favor will limit, classify, or segregate an employee as would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
(d) the demand, request or requirement for sexual favor would result in intimidating, hostile or offensive environment for the employee.
III. The acts of sexual harassment may take any of the following forms:
(a) Physical
1. Physical Contact or Malicious Touching
2. Overt sexual advances
3. Unwelcome, improper, or any unnecessary gesture of a sexual nature; or
4. any other suggestive expression or lewd insinuation
(b) verbal, such as requests or demands for sexual favors or lurid remarks; or
(c) use of objects, pictures, letters or written notes with bold persuasive sexual under-pinning and which create a hostile, offensive or intimidating work or training environment which is annoying or disgusting to the victim.
b) Sexual harassment incidents must be classified into categories, and for each category a corresponding sanction be given.
I suggest adopting the Classification of Acts of Sexual Harassment into Grave, Less Grave or Light offense[9] from CSC Resolution 956161. Having said that however, with Grave offenses, especially where forced sexual intercourse is the case at hand, I propose that a penalty of not less than six (6) years and one (1) day imprisonment or prision mayor, be imposed upon the harasser, so he cannot avail of probation[10], or a fine of at least Php 50,000, or both.
According to the Revised Penal Code, one of the circumstances when rape is committed is by having carnal knowledge of a woman by using force or intimidation. Thus, a an employer forcing sexual intercourse on an employee in exchange for employment, promotion or the like, is no different from raping someone. Rape is even punishable by reclusion perpetua or 20 years and 1 day to 40 years imprisonment, accordingly, a proposed penalty of prision mayor, if found guilty, is justifiably fair.
c) The hiring policy of each establishment should include orientation on R.A 7877. In addition to that, there must be a sanction to employers who will not comply with his obligation in forming and establishing a Committee of Decorum and Investigations, pursuant to Sec. 4 (b) of R.A. 7877.
DOLE should do a surprise inspection by visiting companies and asking around newly accepted employees if they have been oriented about such Act and if the company has a Committee of Decorum and Investigations.
The orientation of R.A. 7877 must have been conducted to the newly accepted employees within the first week of hiring and for those who are already employed, a seminar must have been conducted which shall be a compulsory seminar for all employees. Sure the company will have to shed some cash for the facility used, pamphlets given and the time that the employees would have to be in the seminar than at work, but at the end of the day, organizations are completely responsible for the actions of their employees, and they may suffer extreme business and financial consequences if they ignore or overlook it. It will be less costly to prevent sexual harassment in the workplace than to be faced with cases and pay for damages or lose some guilty employees.
The Committee of Decorum and Investigations should not only be established once there is already a complaint of sexual harassment, because the company should manifest a working environment that promotes protection to its employees, first and foremost. This would enable employees better appreciation for their job and loyalty since they know and feel that they are cared for and if ever they get involved in cases of sexual harassment, they would know where to turn to.
Under R.A. 7877, any person who violates the provisions of the Act shall be sanctioned the penalties discussed in Chapter II B of this paper. However, with the proposed increase in penalty above-written, such violators must also be subject to the necessary penalties proposed.
d) There must be a continuing education campaign on R.A. 7877 in all areas using their dialect.
We can tap the Philippine Information Agency (PIA) to spearhead this initiative. After all, two of their major functions are to (1) plan and carry out national information programs; and (2) assist other government agencies in carrying out their communication and information projects. [11]
We can also seek for the help of Philippine Chamber of Commerce and Industry (PCCI), a non-stock, non-profit, non-government organization comprised of small, medium, and large enterprise, local chambers and industry associations representing various sectors of business, all working together to foster a healthier Philippine economy and improve the viability of business in the country.[12]
Both PIA and PCCI can be the tool to information dissemination thru campaigns in the radio, newspapers and TV in the move to advocate for the awareness of the Sexual Harassment Act.
It was estimated that 1.4 trillion pesos was the approved national budget for 2009. I’m sure there’s some portion that can be extracted from this exorbitant amount, which can be used to fund this campaign. After all, it is the right of every Filipino citizen to be informed of his or her rights in a dialect that he or she must be able to understand and it is the obligation of the government to provide for services to its people.
To sum everything up, awareness of the law is crucial in the amendment of the law. Information dissemination of R.A. 7877 is of the essence because when women become victims of sexual harassment, they will just keep tight-lipped about it, as they do not know what to do to and what procedures to undertake. On top of that, R.A. 7877 needs to be amended, as sexual harassment should not be just about sex.
[1] Sexual Harassment
[2] Approaches to and Remedies under Sexual Harassment Law
[3] The Civil Service Commission (CSC) is the central personnel agency of the Philippine government. It is one of the three independent constitutional commissions with adjudicative responsibility in the national government structure, it is also tasked to render final arbitration on disputes and personnel actions on Civil Service matters. (Retrieved from
[4] See Annex C for the Classification of Acts of Sexual Harassment into Grave, Less Grave or Light offense.
[5] Quid pro quo sexual harassment is the most commonly recognized form of sexual harassment. It occurs when (1) job benefits, including employment, promotion, salary increases, shift or work assignments, performance expectations and other conditions of employment, are made contingent on the provision of sexual favors, usually to an employer, supervisor or agent of the employer who has the authority to make decisions about employment actions, or (2) the rejection of a sexual advance or request for sexual favors results in a tangible employment detriment, a loss of a job benefit of the kind described above. (Retrieved from http://www.stopvaw.org/Quid_Pro_Quo_Sexual_Harassment. html
on March 22, 2009)
[7] Petrocelli, W. & Repa, B., Sexual Harassment on the Job, p. 1/4, (1992).
[8] Alexander, D. & Pincus, L., Employment Law for Business, pp. 233-234, (1998).
[9] See Annex C.
[10] Section 3(a) of Presidential Decree 968, as amended, defines probation as a disposition under which an accused, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. It is a privilege granted by the court; it cannot be availed of as a matter of right by a person convicted of a crime. To be able to enjoy the benefits of probation, it must first be shown that an applicant has none of the disqualifications imposed by law.
Probation under PD No. 968, as amended, is intended for offenders who are 18 years of age and above, and who are not otherwise disqualified by law. Offenders who are disqualified are those: (1) sentenced to serve a maximum term of imprisonment of more than six years; (2) convicted of subversion or any offense against the security of the State, or the Public Order; (3) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not more than Two Hundred Pesos; (4) who have been once on probation under the provisions of this Decree. (Retrieved from
[11] (Retrieved from < m="2"> on March 22, 2009)
[12] (Retrieved from <http://www.philippinechamber.com/index.php?option=com_content&view=sec
tion&layout=blog&id=10&Itemid=66> on March 22, 2009)
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