Republic of the Philippines conditions, promotions, or privileges; or the refusal to grant the sexual

favor results in limiting, segregating or classifying the employee which in

Congress of the Philippines any way would discriminate, deprive or diminish employment
Metro Manila opportunities or otherwise adversely affect said employee;

(2) The above acts wold impair the employee’s rights or privileges under
existing labor laws; or
Third Regular Session
(3) The above acts would result in an intimidating, hostile, or offensive
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, nineteen environment for the employee.
hundred and ninety-four.
(b) In an education or training environment, sexual harassment is committed:

[REPUBLIC ACT 7877] (1) Against one who is under the care, custody or supervision of the
offender;

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, (2) Against one whose education, training, apprenticeship or tutorship is
EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES entrusted to the offender;

Be it enacted by the Senate and House of Representatives of the Philippines in (3) When the sexual favor is made a condition to the giving of a passing
Congress assembled: grade, or the granting of honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges, or considerations; or
SECTION 1. Title. — This Act shall be known as the “Anti-Sexual Harassment
Act of 1995.” (4) When the sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or apprentice.
SEC. 2. Declaration of Policy. — The State shall value the dignity of every
individual, enhance the development of its human resources, guarantee full respect for Any person who directs or induces another to commit any act of sexual
human rights, and uphold the dignity of workers, employees, applicants for employment, harassment as herein defined, or who cooperates in the commission thereof by another
students or those undergoing training, instruction or education. Towards this end, all without which it would not have been committed, shall also be held liable under this Act.
forms of sexual harassment in the employment, education or training environment are
hereby declared unlawful. SEC. 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 work-
SEC. 3. Work, Education or Training-related Sexual Harassment Defined. — related, educational or training environment or institution, to prevent or deter the
Work, education or training-related sexual harassment is committed by an employer, commission of acts of sexual harassment and to provide the procedures for the resolution,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor, settlement or prosecution of acts of sexual harassment. Towards this end, the employer
coach, trainor, or any other person who, having authority, influence or moral ascendancy or head of office shall:
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, (a) Promulgate appropriate rules and regulations in consultation with and jointly
request or requirement for submission is accepted by the object of said Act. approved by the employees or students or trainees, through their duly designated
representatives, prescribing the procedure for the investigation of sexual harassment
(a) In a work-related or employment environment, sexual harassment is cases and the administrative sanctions therefor.
committed when:
Administrative sanctions shall not be a bar to prosecution in the proper courts for
(1) The sexual favor is made as a condition in the hiring or in the unlawful acts of sexual harassment.
employment, re-employment or continued employment of said
individual, or in granting said individual favorable compensation, terms,

_____________________
Republic Act 7877 Republic Act No. 7877 & Guidelines page 2
 The said rules and regulations issued pursuant to this subsection (a) shall include, SEC. 9. Repealing Clause. — All laws, decrees, orders, rules and regulations,
among others, guidelines on proper decorum in the workplace and educational or training other issuances, or parts thereof inconsistent with provisions of this Act are hereby
institutions. repealed or modified accordingly.

(b) Create a committee on decorum and investigation of cases on sexual SEC. 10. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
harassment. The committee shall conduct meetings, as the case may be, with officers and complete publication in at least two (2) national newspapers of general circulation.
employees, teachers, instructors, professors, coaches, trainors and students or trainees to
increase understanding and prevent incidents of sexual harassment. It shall also conduct Approved,
the investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at (Sgd.) EDGARDO J. ANGARA (Sgd.) JOSE DE VENECIA, JR.
least one (1) representative each from the management, the union, if any, the employees President of the Senate Speaker of the House of
from the supervisory rank, and from the rank and file employees. Representatives

In the case of the educational or training institution, the committee shall be This Act which is a consolidation of House Bill No. 9425 and Senate Bill No.
composed of at least one (1) representative from the administration, the trainors, teachers, 1632 was finally passed by the House of Representatives and the Senate on February 8,
instructors, professors or coaches and students or trainees, as the case may be. 1995.

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.
(Sgd.) EDGARDO E. TUMANGAN (Sgd.) CAMILO L. SABIO
SEC. 5. Liability of the Employer, Head of Office, Educational or Training Secretary of the Senate Secretary General
Institution. — The employer or head of office, educational or training institution shall be House of Representatives
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 thereon. Approved: February 14, 1995

SEC. 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. (Sgd.) FIDEL V. RAMOS
President of the Philippines
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 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.

SEC. 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.

Republic Act No. 7877 & Guidelines page 3 Republic Act No. 7877 & Guidelines page 4
Republic of the Philippines POLICY ON SEXUAL HARASSMENT IN THE WORKPLACE
CIVIL SERVICE COMMISSION
Section 1. Policy Statement and Objective
MC NO. 19, S. of 1994
It is the policy of the state to afford protection to working women and ensure
equal work opportunity for all, as well as full respect for human rights. Towards this end,
MEMORANDUM CIRCULAR the Civil Service Commission commits to provide a work environment supportive of
productivity, wherein all officials and employees area treated with dignity and respect
and will not tolerate any sexual harassment, whether engaged in by fellow employees,
TO: All Heads of Departments, Bureaus and Agencies of the National and supervisors, associates or clients;
Local Government Including Government Owned and Controlled
Corporations And State Colleges and Universities Sexual harassment by another employee or officer constitutes a ground for
administrative disciplinary action under the offense of Grave Misconduct, Conduct
SUBJECT: POLICY ON SEXUAL HARASSMENT IN THE WORKPLACE Prejudicial to the Best Interest of the Service or Simple Misconduct provided in Section
46(b), Chapter 6, Title I(A), Book V of the Administrative Code of 1987 and subject to
penalties up to dismissal from the service.
Pursuant to CSC Resolution No. 94-2854 dated May 31, 1994, the Commission
has adopted a Policy on Sexual Harassment in the Workplace, as follows:
Section 2. Coverage

RESOLUTION NO. 94-2854 This policy covers all officials and employees in government, whether in the
Career or Non-Career Service, holding positions under permanent or temporary status in
the national or local government, including government-owned or controlled
WHEREAS, the State values the dignity of every human person and guarantees corporations, with original charters, state colleges and universities.
full respect to human rights.
This policy shall also include applicants for employment after the application has
WHEREAS, sexual harassment is recognized as a violation of human rights, been received by the agency.
morale and efficiency in the workplace, violates the merit and fitness principle in the civil
service and creates a hostile environment in the workplace which adversely affect The Commission recognizes that officers and employees may be the subject of
productive performance. sexual harassment by clients who transact business with them. Under this circumstance,
the head of agency shall take responsibility to support and assist the person subjected to
WHEREAS, Section 4 RA 6713, provides for norms of personal conduct which such sexual harassment.
every public official and employee must observe in the discharge and execution of
official duties; that they shall act without discrimination against anyone, and shall at all Notwithstanding the existence of this policy, every person can have the right to
times respect the rights of others and refrain from doing acts contrary to law, good seek redress from the courts, even when steps are being taken under this policy.
morals, good customs, public policy, public order, public safety and public interest.
This policy is not intended to constrain social interaction between people in
WHEREAS, Section 1, Chapter I, Title (A), Book V of the Administrative Code of government.
1987 and Section 4(B), RA 6713, empower the Civil Service Commission to adopt
positive measures, to promote morale and efficiency, and observance of the standards of
personal conduct, among others, in the civil service; Section 3. Definition.

NOW, THEREFORE, the Commission hereby resolves to promulgate this Policy (a) Sexual harassment is one or a series of incidents involving unwelcome sexual
on Sexual Harassment in the Workplace. advances, requests for sexual favours, or other verbal or physical conduct of sexual
nature, made directly, indirectly and impliedly when:

Republic Act No. 7877 & Guidelines page 5 Republic Act No. 7877 & Guidelines page 6
 (1) such conduct might reasonably be expected to cause insecurity,
discomfort, offense or humiliation to another person or group; or (2) doing all in its power to provide advice, support and assistance to
employees of the agency and applicants who are subjected to sexual
(2) submission to such conduct is made either implicitly or explicitly a harassment, whether one or both parties involved are employed within
condition of employment, or any opportunity for training or grant of the same agency;
scholarship, or
(4) appointing advisors, and providing the training and resources for them to
(3) submission to or rejection of such conduct is used as a basis for any fulfill their responsibilities under this policy;
employment decision (including, but not limited to, matters of promotion,
raise in salary, job security and benefits affecting the employee); or (5) designating an officer of the agency who will be responsible for the
investigation and hearing of complaints on sexual harassment;
(4) such conduct has the purpose or the effect of interfering with a person’s
work performance, or creating an intimidating, hostile or offensive work (6) strictly maintaining confidentiality in all stages of the proceedings to protect
environment. the interests of the complainant, the person complained against and any other
person who may report cases of sexual harassment;
(b) For this purpose, “employment-related sexual harassment” means sexual (7) maintaining records as required by this policy.
harassment by a member or employee of the agency which occurs:

(1) in the working environment, or Section 5. Procedures in disposition of Sexual Harassment Cases

(2) anywhere else as a result of employment responsibilities or employment All complaints for sexual harassment shall be investigated and disposed of in
relationship. accordance with existing rules and procedures on administrative proceedings.

It includes but is not limited to sexual harassment: WHEREFORE, the Commission resolves as it hereby resolved to approve this
Policy on Sexual Harassment.
- at the office
- outside the office You are hereby enjoined to adopt and implement this Policy upon its effectivity.
- at office-related social functions
- in the course of work assignments outside the office This Memorandum Circular takes effect fifteen days (15) after publication in a
- at work-related conferences or training sessions newspaper of general circulation.
- during work-related travel
- over the telephone

PATRICIA A. STO. TOMAS

Section 4. Responsibilities of Heads of Agencies Chairman

The head of agency is responsible for:

(1) informing officials and employees of this Policy on Sexual Harassment

including their rights and responsibilities and the existence of procedures
available under this policy;

(2) investigating every formal written complaint of sexual harassment and

imposing strict disciplinary measures when a complaint of employment
related sexual harassment is found to have been substantiated, regardless of
the position and status of the offender;

Republic Act No. 7877 & Guidelines page 7 Republic Act No. 7877 & Guidelines page 8
Republic of the Philippines
CIVIL SERVICE COMMISSION
Rule III. DEFINITION OF SEXUAL HARASSMENT

Resolution No. 956161 Section 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 a sexual nature, made directly, indirectly or impliedly under the following
WHEREAS, the State values the dignity of every human being and guarantees full instances:
respect for human rights;
(a) such behaviour might reasonably be expected to cause discrimination,
WHEREAS, an act of sexual harassment is recognized as a violation of human insecurity, discomfort, offense or humiliation to another person or group; or
rights, defeats and impairs morale and efficiency in the workplace, violates the merit and
fitness principle in the civil service and creates or fosters a hostile environment in the (b) submission to such conduct is made either implicitly or explicitly a condition of
workplace which adversely affect productive performance; employment; or

WHEREAS, R.A. 7877, An Act Declaring Sexual Harassment Unlawful in the (c) submission to or rejection of such conduct is used as a basis for any employment
Employment, Education or Training Environment and for other purposes, was enacted on decision (including, but not limited to, matters of promotion, raise in salary, job
February 14, 1995 and became effective on March 5, 1995, fifteen days after its publication security and benefits affecting the employee); or
in the Malaya and Times Journal on February 18, 1995.
(d) such behaviour has the purpose or the effect of interfering with a person's work
WHEREAS, Section 4, Republic Act 7877 mandates each employer or head of performance, or creating an intimidating, hostile or offensive work
agency to promulgate appropriate rules and regulations in consultation with and jointly environment.
approved by the employees through their duly designated representatives, to include
guidelines on proper decorum and to create a Committee on Decorum and Investigation;
Rule IV. SPECIFIC ACTS CONSTITUTING SEXUAL HARASSMENT
NOW, THEREFORE, this Commission hereby promulgates these Rules and
Regulations prescribing procedures for the resolution, settlement or prosecution and Section 4. The following acts constitute Employment or Work-Related Sexual
adjudication of sexual harassment cases, as well as guidelines for the proper decorum of Harassment:
officials and employees in the Commission which shall be supplementary to these Rules
(under separate cover); (a) Demand, request or requirement for sexual favor is made for the following
considerations:

Rule I. COVERAGE 1. as a condition for hiring or employment, re-employment or continued

employment of an individual, or
Section 1. These Rules shall apply to all officials and employees in the
Commission, including the Career Executive Service Board (CESB), Regional and Field 2. in granting said individual favorable compensation, terms or conditions of
Offices, whether in the Career or Non-Career service and holding positions under employment, promotion or privileges;
permanent or temporary status.
(b) the demand, request or requirement for sexual favor is made against one
whose training is entrusted to the offender;
Rule II. JURISDICTION
(c) the refusal of the demand, request or requirement for sexual favor will limit,
Section 2. Jurisdiction. - The Commission as the disciplining authority over all its classify or segregate an employee as would discriminate, deprive or diminish
officials and employees shall exercise exclusive jurisdiction over acts and omissions which employment opportunities or otherwise adversely affect said employee;
constitute sexual harassment. The decision of the Commission shall be final and
appealable only to the Court of Appeals.

Republic Act No. 7877 & Guidelines page 9 Republic Act No. 7877 & Guidelines page 10
 (d) the demand, request or requirement for sexual favor would result in 1. Directing or inducing another to commit any of the acts of sexual harassment
intimidating, hostile or offensive environment for the employee. defined in these Rules (Principal by Induction) or

2. Cooperating in the commission of the sexual harassment by another without

which it would not have been committed (Principal by Indispensable
For this purpose, work or employment related sexual harassment may take place in Cooperation).
the following:

1. the office
2. anywhere else as a result of work responsibilities or employment Rule VII. DUTY OF THE COMMISSION
relations
3. at office related social functions Section 7. The Commission shall initiate measures to:
4. while on official business outside the office or during work-related
travel (a) prevent or deter the commission of acts of sexual harassment through an
5. at official conferences, fora, symposia or training sessions extensive awareness campaign or informal education, research and survey of
6. over the telephone, cellular phone, fax machine, E-mail data to determine extent of the problem, the profile of harassers and their
victims and the forms of sexual harassment take and its consequences;

Rule V. FORMS OF SEXUAL HARASSMENT (b) implement the procedures for the resolution, settlement or prosecution of acts of
sexual harassment provided in these Rules;
Section 5. The acts of sexual harassment may take any of the following forms:
(c) create a Committee on Decorum and Investigation of cases on sexual
(a) Physical harassment; and

i. Physical Contact or Malicious Touching (d) furnish a copy of these Rules and Regulations to each of the officer or employee
ii. Overt sexual advances in the Commission and post a copy thereof in two conspicuous locations in
iii. Unwelcome, improper or any unnecessary gesture of a sexual places of work or training.
nature; or
iv. any other suggestive expression or lewd insinuation
Rule VIII. COMMITTEE ON DECORUM AND INVESTIGATION
(b) Verbal, such as requests or demands for sexual favors or lurid remarks OF SEXUAL HARASSMENT CASES

(c) Use of objects, pictures, letters or written notes with bold persuasive sexual Section 8. A Committee on Decorum and Investigation shall be created in the
under-pinnings and which create a hostile, offensive or intimidating work or Commission and each Regional Office, including the Career Executive Service Board
training environment which is annoying or disgusting to the victim. (CESB). Said Committee shall perform the following:

(a) Receive the complaint, file the formal charge and investigate and conduct
Rule VI. PERSONS LIABLE FOR SEXUAL HARASSMENT hearings in accordance with the Uniform Rules of Procedure in the Conduct of
Administrative Investigation in the Civil Service Commission. It shall submit
Section 6. Any official having authority, influence or moral ascendancy over a report of its findings with the corresponding recommendation to the
another person in the Commission, or employee, regardless of sex, are liable for sexual Commission for final decision. Said report shall be considered strictly
harassment in the Commission. confidential.

Any official or employee in the Commission, regardless of sex shall similarly be (b) Conduct meetings with officers, employees and trainees to increase
held liable for sexual harassment under the following circumstances: understanding and prevent incidents of sexual harassment; and

Republic Act No. 7877 & Guidelines page 11 Republic Act No. 7877 & Guidelines page 12
 (c) Recommend measures to the Commission that will expedite the investigation No action shall be taken on an anonymous complaint, nor shall any civil servant be
and adjudication of sexual harassment cases. required to answer or comment on said anonymous complaint.

In the Regional Office, the authority to investigate and hear sexual harassment case Section 11. Action on the Complaint. Upon receipt of a complaint which is
shall devolve upon the Local Committee which shall submit the report of investigation with sufficient in form and substance, the head of office shall within five (5) days transmit the
its findings and recommendation directly to the Commission. same to the Committee on Decorum and Investigation. The Committee on Decorum, both
central and local, shall have authority to file the formal charge. The Committee for this
When a member of the Committee is a complainant or respondent in a sexual purpose will designate a hearing officer from among themselves.
harassment case, the member shall inhibit himself/herself from the deliberations of the
Committee. Section 12. Preliminary Investigation. A preliminary investigation shall be
conducted by the Committee wherein the complainant and the respondent shall submit their
Section 9. Composition. The Committee on Decorum and Investigation shall be affidavits and counter-affidavits, as well as those of their witnesses. Failure of the
composed of the following: respondent to submit his counter affidavit shall be construed as a waiver thereof.

(a) Central Committee During the inquiry or proceedings, the parties and their witnesses shall be asked to
affirm their signature on said documents and the truthfulness of the statements contained
• Chairman: A Director appointed by the Commission for a term of one (1) therein. Under no circumstances shall cross-examination of the witnesses be allowed but
year the hearing officer may propound clarificatory questions.
• The CSC Focal Point on Women and Development
• President CSC Employee Association or in the Absence thereof, a Section 13. Failure to Affirm Signature and the Contents of Affidavit. Failure of
representative elected by the General Assembly the parties or witnesses to affirm their signature in their affidavits and the contents thereof
• An employee in the Second Level during the preliminary investigation shall render such affidavit without evidentiary value.
• An employee in the First Level
Section 14. Record of Proceedings. During the preliminary investigation, the
(b) Local Committee hearing officer shall record in his own handwriting his clarificatory questions to the parties
and their witnesses and the answers given thereto. Such record and other notes made by
• The Regional Director as Chairman the Hearing Officer shall form part of the records of the case.
• Equality Advocate (EQUAD) in the Regional office
Section 15. Duration of Investigation. The preliminary investigation shall
• A representative of the Employee Association
commence not later than five (5) days from receipt of the complaint by the Central or Local
• An employee in the Second Level Committee and shall be terminated not later than ten (10) days thereafter.
• An employee in the First Level
Section 16. Investigation Report. Within five (5) days from the termination of the
The representatives of the First and Second level employees in the Personnel preliminary investigation, the investigating officer shall submit the Report of Investigation
Selection Board of this Commission who have been elected in a general assembly of and the complete records of the proceeding to the Committee on Decorum for appropriate
employees shall concurrently sit as members of the Committee on Decorum and action.
Investigation.
Section 17. Formal Charge. When the Committee finds the existence of a prima
facie case, the respondent shall be formally charged. The respondent shall be furnished
Rule IX. PROCEDURES IN THE DISPOSITION OF SEXUAL HARASSMENT CASES copies of the complaint, sworn statements and other documents submitted by the
complainant, unless the respondent shall be given at least seventy-two (72) hours from
Section 10. All complaints for sexual harassment must be under oath and supported receipt of said formal charge to submit the answer under oath, together with the affidavits
by the Affidavit of the offended party. Any complaint shall be investigated and disposed of of the witnesses and other evidence. The respondent shall also be informed of the right to
in accordance with the Uniform Rules of Procedure in the Conduct of Administrative assistance of a counsel of his/her choice. If the respondent has already submitted the
Investigations in the Civil Service Commission. comment and counter-affidavits during the preliminary investigation, the respondent shall
be given opportunity to submit additional evidence.

Republic Act No. 7877 & Guidelines page 13 Republic Act No. 7877 & Guidelines page 14
 Section 18. Conduct of Formal Investigation. A formal investigation shall be held 1. Transfer or demotion in rank or salary of one grade or fine or suspension
after the respondent has filed the answer or after the period for filing an answer has expired. not exceeding six months; or
It shall be completed within thirty (30) days from the date of the service of the formal
charge, unless the period is extended by the Commission in meritorious cases. 2. Fine not exceeding four (4) months or suspension not exceeding eight (8)
months at the discretion of the disciplining authority.
Although the respondent did not elect a formal investigation, one shall nevertheless
be conducted if upon evaluation of the complaint, the answer, and the documents in support C. For grave offenses:
thereof, the merits of the case can not be judiciously resolved without conducting such a
formal investigation. 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
Section 19. Failure to File an Answer. If respondent fails or refuses to file the
answer, respondent shall be considered to have waived the right to file an answer to the 2. Suspension for one year; or
charges and formal investigation may already commence.
3. Dismissal, at the discretion of the disciplining authority.
Section 20. Continuous Hearing Until Terminated: Postponement. Hearing shall
be conducted on the hearing dates set by the hearing officer or as agreed upon during the Section 23. The head of office who fails to act on any complaint properly filed for
pre-hearing conference. Postponements shall not be allowed except in meritorious cases, sexual harassment after being informed thereof against any employee in that Office shall be
provided, that a party shall not be granted more than two (2) postponements. charged with neglect of duty.

The parties, their counsel and witnesses, if any shall be given a notice at least (5)
days before the first scheduled hearing specifying the time, date, and place of the said Rule XI. PRESCRIPTIVE PERIOD
hearing and subsequent hearings. Thereafter, the schedule of hearings previously set shall
be strictly followed without further notice. Section 24. Any complaint or action arising from the violation of these Rules
should be filed within three (3) years from the commission of such violation, otherwise, the
If the respondent fails or refuses to appear during the scheduled hearings, the same shall be deemed to have prescribed.
investigation shall proceed ex parte and the respondent is deemed to have waived the right
to be present and to submit evidence in his/her favor during those hearings.
Rule XII. EFFECT ON OTHER ISSUANCES

Rule X. ADMINISTRATIVE LIABILITIES Section 25. Memorandum Circular No. 19, series of 1994 of this Commission shall
be suppletory to these Rules in so far as it is not inconsistent herewith.
Section 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. Rule XIII. REPEALING CLAUSE

Section 22. The penalties for light, less grave, and grave offenses are as follows: Section 26. Rules and Regulations, other issuances, or parts thereof inconsistent
with the provisions of these Rules are hereby repealed or modified accordingly.
A. For light offenses:

1. Reprimand or fine or suspension not exceeding ten days; or Rule XIV. AMENDMENT
2. Fine or suspension not exceeding twenty days; or
3. Fine or suspension not exceeding thirty days at the discretion of the Section 27. The Civil Service Commission may amend or modify these Rules as
disciplining authority. may be necessary.

B. For less grave offenses:

Republic Act No. 7877 & Guidelines page 15 Republic Act No. 7877 & Guidelines page 16
 Rule XV. EFFECTIVITY CLAUSE CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT
INTO GRAVE, LESS GRAVE OR LIGHT OFFENSE
Section 28. These Rules and Regulations shall take effect immediately upon
approval by the Commission. In consonance with the definition of Section 3, Rule III Section 4, Rule IV and Section 5,
Rule V of the Rules and Regulations of this Commission Implementing R.A. 7877, An Act
Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment,
and for other purposes, I propose that the following acts of sexual harassment be classified into
October 10, 1995 three categories namely, grave or serious, less grave and light offense, to wit:

Grave Offenses:
(Sgd.) CORAZON ALMA G. DE LEON
Chairman (a) unwanted touching of private parts of the body or any other act of malicious touching;
(b) sexual assault;
(c) any act of sexual harassment mentioned in Section 5(a) and (b), Rule V of the CSC
Implementing Rules and Regulations, committed by a superior officer or any person
(Sgd.) RAMON P. EREÑETA, JR. (Sgd.) THELMA P. GAMINDE having moral ascendancy over the victim
Commissioner Commissioner
The Less Grave Offenses may include but are not limited to:

(a) requesting for dates to public places or sexual favors in exchange for employment,
promotion, local or foreign travels, favorable working conditions or assignments or
Attested by: grant of benefits;
(b) pinching not falling under grave offenses;
(Sgd.) CARMENCITA GISELLE B. DAYSON (c) unnecessary touching or brushing against a victim's body;
Board Secretary VI (d) derogatory or degrading remarks or innuendos directed toward members of one sex or
one sexual orientation or used to describe a person; or
(e) verbal abuse or threats

The following may be considered Light Offenses:

(a) persistently telling sexist/smutty jokes causing embarassment or offense, told or carried
out after the joker has been advised that they are offensive or embarassing or are by
their nature clearly embarassing, offensive or vulgar;
(b) leering or ogling which is an unwelcome, suggestive, flirtatious, knowing or malicious
look at another;
(c) voyeurism which is sexual stimulation derived through visual means;
(d) the display of sexually offensive pictures, materials or graffiti;
(e) unwelcome inquiries or comments about a person's sex life;
(f) unwelcome sexual flirtation, advances, propositions;
(g) making offensive hand or body gestures at an employee; or
(h) persistent unwanted contact or attention after the end of a romantic relationship.

The above classification will greatly facilitate imposition of the proper penalty depending
on the gravity and seriousness of the act of sexual harassment.

(Sgd.) EVALYN I. FETALINO

Director IV
CIVIL SERVICE COMMISSION
25 August 1995

Republic Act No. 7877 & Guidelines page 17 Republic Act No. 7877 & Guidelines page 18
 Republic of the Philippines Section 2. What Constitutes Sexual Harassment
DEPARTMENT OF LABOR AND EMPLOYMENT
Manila Any unwanted or unwelcome sexual advance, demand or request for sexual favor,
or other act or conduct of sexual nature whether written, oral or physical, shall constitute
sexual harassment when the act is committed by a DOLE official or employee upon
ADMINISTRATIVE ORDER NO. 68 his/her co-official, co-employee, applicant for employment or any other client of the
Series of 1992 DOLE, and such act is:

AMENDING ADMINISTRATIVE ORDER NO. 80 1. committed to take advantage of the weakness, vulnerability, status and
Policy Against Sexual Harassment professional, social and economic standing of the official, employee or client; or

2. explicitly or implicitly imposed as a condition for securing employment,

WHEREAS, Administrative Order No. 80, series of 1991, besides defining and advancement, promotion or preferential treatment; or
laying down the policy of the Department of Labor and Employment (DOLE) against
sexual harassment, also attempts to lay down mechanisms that would help deter such acts 3. adversely interfering with the official’s or employee’s performance; or
or ensure protection of victims of such acts committed by or against employees or
officials of the Department; 4. bound to create a hostile, offensive, intimidating or uncomfortable work
environment.
WHEREAS, some of the provisions of said Order need to be further strengthened
and clarified; Sexual harassment constitutes a disgraceful and immoral act which is classified
and penalized as a grave offense under the Grounds for Disciplinary Action of the DOLE
WHEREAS, the Department recognizes the need to come up with more concrete Manual on Disposition of Administrative Cases. Such classification and its
measures to ensure and effectuate protection of victims against sexual harassment as such corresponding penalties shall be adopted by this Order without prejudice to the filing of
offense violates the principle of merit and fitness in the civil service, undermines the other cases involving the same act with the regular courts.
integrity of the workplace, creates a hostile working atmosphere and adversely affects
workers’ performance and productivity;
Section 3. Fact-Finding Committee: Creation and Composition
THEREFORE, in the light of the foregoing, Administrative Order No. 80, series
of 1991 is hereby amended as follows: A Special Fact-Finding Committee is hereby created to receive and
investigate/hear sexual harassment complaints and submit reports/recommendations to
Section 1. Declaration of Policy the Secretary.

In furtherance of the Constitutional provision relative to public office and human The Committee shall be composed of the following:
rights, as well as the protection of workers and equality of employment opportunities for
all, the Department of Labor and Employment shall not tolerate sexual harassment 1. DOLE Resident Ombudsperson - Chairperson
committed by DOLE officials, employees, applicants for employment or any person
transacting official business with DOLE. It shall take disciplinary measures against 2. Chairperson, DOLE Philippine
official or employee, whether permanent, casual or contractual, who subjects any fellow Development Plan for Women (PDPW)
official or employee, applicant for employment or client, to sexual harassment. Focal Point - Co-Chairperson

3. Assistant Secretary for Management Services - Member

4. Director, Human Resource Development Service - Member

5. Director, Legal Service - Member

Republic Act No. 7877 & Guidelines page 19 Republic Act No. 7877 & Guidelines page 20
 6. President, DOLE or its Concerned Agency
Employees Union - Ad Hoc Member

7. Resident Ombudsperson of the Agency

Concerned - Ad Hoc Member

Any member of the Committee who complains of or is complained against any

act of sexual harassment shall inhibit himself/herself from participating in the
deliberations of the Committee.

Section 4. Secretariat

The Legal Service shall act as the Secretariat of the Fact-Finding Committee.

Section 5. Procedure in the Disposition of Sexual Harassment Cases

The Secretary shall promulgate rules and regulations implementing this

Administrative Order.

Section 6. Awareness Raising Campaign/Information Dissemination

Concerned agencies shall undertake information dissemination campaigns to raise

awareness on the policy against sexual harassment and to prevent incidence of the same.

This Order shall take effect immediately.

(Sgd.) MA. NIEVES R. CONFESOR

Acting Secretary

25 March 1992

Republic Act No. 7877 & Guidelines page 21