From time to time we read in the newspapers or hear from others that someone has complained against another who solicited or demanded a form of sexual favor in exchange for something. The sexual favor may be in the form of a hug, a kiss, a touch of one’s private part or worse, sexual intercourse.
This has become common not only in the place of employment, but also in schools and has become a very serious problem. As consent is given, though grudgingly, the one who solicited and performed the sexual favor could not be prosecuted for acts of lasciviousness or rape.
To address this growing problem, way back in February, 1995, our legislature passed Republic Act No. 7877 that punishes all forms of sexual harassment.
It may be committed in a place of work or in school or place of training.
How is sexual harassment committed in a place of work?
It is committed:
(a) when sexual favor is made a condition in the hiring or in the employment, re-employment or continued employment of an 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; or
(b) when the above-stated acts would impair the employee’s right or privileges under existing labor laws; or
(c) when those acts would result in intimidating, hostile, or offensive environment for the employee.
‘The employer or head of office, educational or training institution may be made solidarily liable for damages arising from any act of sexual harassment’
How is sexual harassment committed in school or training?
It is committed:
(a) when 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 considerations; or
(b) when the sexual advances result in intimidating, hostile or offensive environment for the student, trainee or apprentice.
Against whom in a school or training institution may sexual harassment be committed?
In this environment, sexual harassment may be committed against:
(a) one who is under the care, custody or supervision of the offender; or
(b) one whose education, training, apprenticeship or tutorship is entrusted to the offender.
‘To charge one for sexual harrasment, it is not required that the offender had actually committed that act. It is enough that he or she had demanded, requested, or required it’
Who may commit sexual harassment?
Sexual harassment may be committed by either a male or a female employers, 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.
Who else may be charged for this offense?
Aside from the offender, any person who directs or induces another to commit any act of sexual harassment (principal by inducement), or who cooperates in the commission thereof by another without which it would not have been committed (principal by indispensable cooperation), shall also be liable.
Who else may be made liable for sexual harassment?
The employer or head of office, educational or training institution may be made solidarily liable for damages arising from any act of sexual harassment, if said person is informed of such act by the offended party and he does not take immediate action.
Within what period should the complaint be filed in court?
Any complaint for sexual harassment should be filed within three (3) years from the commission of the act. (It is best to file the complaint right after the act was committed for unexplained delay in filing may create doubt in the mind of the judge as to the veracity of the complaint.)
To charge one for sexual harassment, is it required that he or she had actually committed the prohibited act?
No. It is not required that the offender had actually committed that act. It is enough that he or she had demanded, requested or required it.
What is the penalty for sexual harassment?
Upon conviction, the offender 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 (P10,000.00) nor more than twenty thousand pesos (P20,000.00), or both such fine and imprisonment at the discretion of the court.
Atty. Eva Romero-Abella is the Managing Partner at Abella & Romero, Lawyers, contact her at 882-0935 or 883-3616 to 17. Abella & Romero Law Office is located at 2nd Floor PCS Center, 8586 Sgt. F. Yabut Circle, Guadalupe, Makati City.
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