Trigger warning: This piece discusses topics surrounding sexual harassment and abuse.
Have you ever felt uncomfortable because someone made an unwelcome comment about your appearance or touched you inappropriately? You’re not alone. Thousands of Filipinos experience it in one form or another—and those are just the reported cases of sexual harassment in the Philippines. It’s a relentless problem that often leaves victims powerless and unsure of what to do next.
We’re here to help you out. We’ll shed light on the available anti-sexual harassment law in the Philippines, so you’ll know what to do if you ever face such a situation.
Remember, sexual harassment is never your fault. You deserve to feel safe and respected anywhere you go. With that, check out this infographic article to learn how each law for sexual harassment in the Philippines works to protect you and what you can do to uphold your rights.
What is the Anti-Sexual Harassment Act of 1995?
Officially known as Republic Act No. 7877, the Anti-Sexual Harassment Act of 1995 directly addresses the prevalent sexual harassment issue in the Philippines. It declares all forms unlawful within employment, education, and training environments. By defining and prohibiting such behavior, the Act aims to create safer spaces for everyone, free from harassment.
Sexual Harassment Definition
Sexual harassment is defined as unwelcome verbal or physical sexual behavior. The Anti-Sexual Harassment Act of 1995 expounds on this by specifying that it occurs when an:
- Employer
- Manager
- Teacher
- Coach
- Trainer
Or any other person in a position of authority demands, requires, or requests sexual favors from someone, regardless of their consent.
These advancements manifest in different ways, including but not limited to:
1. Work-related sexual harassment
These incidents occur in the workplace. It’s common in hostile work environments when unwelcome sexual behavior creates an intimidating or offensive place of work.
Non-verbal advances, like leering, making sexually suggestive gestures, or displaying pornographic materials, also constitute work-related sexual harassment. One common example is quid pro quo harassment, where employers, supervisors, or other authority figures demand or imply that sexual favors are required in exchange for promotions, pay increases, or other benefits.
2. School, educational, or training sexual harassment
Unwarranted sexual advances are a troubling reality in schools, colleges, and training centers. According to the Cameleon Association, 70% of sexually abused children are between 10 and 18 years old, with 20% being under six years old. Many of these cases occur in academic settings.Â
Such incidents may include sexual coercion, where teachers or instructors pressure students into sexual activities through threats or manipulation of their academic standing. Additionally, some educators may inappropriately touch, hug, or pat students, which can seriously hurt and cause discomfort.
Penalty for Violating the Anti-Sexual Harassment Act of 1995
There’s a considerable sexual harassment penalty in the Philippines. Those found guilty under the law may face:
- Jail time ranging from one to six months
- Fines between PHP 10,000 to PHP 20,000
- A combination of both, at the court’s discretion
There have been efforts to establish stiffer penalties for those who commit sexual harassment, such as House Bill No. 8244 or the Expanded Anti-Sexual Harassment Act. It aims to raise the monetary fine of a harassment conviction to a minimum of PHP 50,000 and a maximum of PHP 200,000.
Duties of the Employer or Head of Office in Preventing Sexual Harassment
Employers and heads of offices are responsible for preventing and addressing sexual harassment within their organizations. Section 4 of the Act outlines their key duties:
- Creating rules and regulations
All parties involved, including employees, students, or trainees, must collaborate to develop comprehensive rules and regulations on sexual harassment.
- Establishing a committee on decorum and investigation
This committee is tasked with maintaining behavioral standards to prevent harassment and investigating reported incidents. They must also meet with all stakeholders to increase their understanding of sexual harassment.
- For workplaces, the committee should include representatives from management, unions, supervisory employees, and rank-and-file workers.
- In educational or training institutions, the committee must consist of representatives from administration, educators, and students.
- Disseminating or posting the Act
Employers or heads of offices must ensure that the Act is well-publicized by posting and distributing copies in prominent locations within the workplace, school, or training institution.
Additionally, under Section 5, if employers, heads of offices, or educational institutions are informed of a sexual harassment incident and fail to act promptly, they may be liable for damages.
What is the Safe Spaces Act?
The Safe Spaces Act, officially RA 11313, strengthens protections against sexual harassment by expanding its scope to cover a wider range of environments. This updated legislation includes:
- Streets and public spaces
- Private areas open to the public
- Public utility vehicles (PUVs)
- Cases involving minors
- Online spaces
How is Sexual Harassment Defined under the Safe Spaces Act?
The Safe Spaces Act defines harassment in various settings to provide comprehensive protection against inappropriate and harmful behaviors. Under the Act, harassment includes:
- Catcalling and wolf-whistling
- Unwanted invitations
- Misogynistic, transphobic, homophobic, and sexist slurs
- Unwarranted comments on appearance
- Persistent requests for personal details
- Sexual comments
- Public masturbation or flashing
- Groping
The Act also lists where these harassment incidents may occur, which include:
Streets and public spaces
These incidents include any unwelcome sexual advances on streets, sidewalks, schools, markets, transportation terminals, PUVs, parks, and other public- or government-owned establishments.
Privately owned places open to the public
Even private, non-government areas are subject to the law, provided that members of the public can come and go. These spaces cover restaurants, bars, resorts, casinos, cinemas, hotels, and malls.
Property owners and managers must adopt a zero-tolerance policy against gender-based sexual harassment and coordinate with local authorities immediately if an incident occurs within their property. For example, they should make CCTV footage available and create an environment where victims can freely report sexual harassment without retaliation or embarrassment.
Public utility vehicles
Harassment incidents also occur within PUVs, including tricycles, traditional and modernized jeepneys, taxis, and buses. The Land Transportation Office (LTO) may cancel their license if the perpetrator is a driver or conductor. Franchise operators are also at fault because their negligence in selecting and supervising their staff resulted in harassment.
The perpetrator is a minor
If the perpetrator is under 16, the Department of Social Welfare and Development (DSWD) will handle the case in accordance with the Juvenile Justice and Welfare Act of 2006.
Online spaces
This incident encompasses all forms of sexual harassment conducted via social media, messaging apps, and other digital platforms. For instance, the culprit might intimidate victims through sexual comments, obscene messages, cyberstalking, or sharing the victim’s sexual content without consent. The Philippine National Police Anti-Cybercrime Group (PNPACG) handles such cases.
What is the Penalty for Violating the Safe Spaces Act?
Sections 11 and 14 of the Act outline penalties for sexual harassment based on the severity of the offense and whether it is a repeated crime. For behaviors such as slurs, catcalls, leering, requesting personal details, unwarranted comments, and invasions of personal space, the penalties are as follows:
- First offense: PHP 1,000 fine and 12 hours of community service, including attendance at a Gender Sensitivity Seminar
- Second offense: 6 to 10 days of imprisonment or a PHP 3,000 fine
- Third offense: 11 to 30 days of imprisonment and a PHP 10,000 fine
For offenses involving offensive body gestures, public exposure of private parts, public masturbation, groping, or lewd sexual actions, the penalties are:
- First offense: PHP 10,000 fine and 12 hours of community service, including attendance at a Gender Sensitivity SeminarÂ
- Second offense: 11 to 30 days of imprisonment or a PHP 15,000 fine
- Third offense: Jail time ranging from one month and one day to six months and a PHP 20,000 fineÂ
For cases of sexual harassment involving stalking and physical contact with the victim, the penalties are:
- First offense: 11 to 30 days of imprisonment or a PHP 30,000 fine, along with attendance at a Gender Sensitivity Seminar
- Second offense: Jail time ranging from one month and one day to six months or a PHP 50,000 fineÂ
- Third offense: Six months of imprisonment or a PHP 100,000 fine
For online harassment cases, the penalties are imprisonment from six months and one day to six years and a fine ranging from PHP 100,000 to PHP 500,000.
What to Do When You’ve Been Sexually Harassed
Were you a victim of sexual harassment? Take the necessary steps to protect yourself and ensure authorities address the issue appropriately.
1. Talk to higher-ups
Start by reporting the incident to someone in a position of authority, such as a supervisor, HR representative, teacher, or counselor. Provide a detailed account of what occurred. It’s important to remember that they have a legal obligation to address sexual harassment cases, take action against perpetrators, and prevent further incidents.
2. Compile detailed records of the incident
Record each harassment incident, noting the exact date, time, location, and narrative. It will also significantly help your case to capture photos or record videos. This documentation is invaluable when reporting the harassment to police and during litigation, as it provides concrete evidence to support your claims.
3. Ask them to stop
If you feel safe, such as in a room with other people, clearly tell the perpetrator their behavior is unwelcome and must stop. Doing so makes it explicitly clear that what they’re doing is harassment. Take someone with you as a witness, or ask your HR or supervisor to accompany you.
4. If all else fails, report it to the authorities
If the harassment persists despite your efforts, consider reporting the incident to the authorities. You can file a formal complaint with the following offices:
- PNP Women and Children Protection Center: 0919 777 7377 (SMART) | 0966 725 5961 (Globe)
- PNP Anti-Cybercrime Group: (02) 8723 0401 | 0968 867 4302 (SMART) | 0967 136 0322 (Globe)
- National Bureau of Investigation: 8523 8231 to 38
- Bantay Bata Helpline: 163
- DSWD: 0919 911 6200 (SMART) | 0917 110 5686 and 0917 827 2543 (Globe)
- Department of Labor and Employment (DOLE): 1349
- National Center for Mental Health (NCMH) Crisis: 1553 | 0908 639 2672 (SMART) | 0917 899 8727 and 0966 351 4518 (Globe)
- Public Attorney’s Office (PAO): (02) 8929 9436 | (02) 8426 2075 | (02) 8426 2801 | (02) 8426 2450 | (02) 8426 2987 | (02) 8426 2683
- NCMH Women and Child Protection Unit: 8 541 9001 (Loc 383)
Stay Safe Out There!
If you’ve recently experienced sexual harassment, remember you’re not alone. There are laws designed to protect you and ensure your safety. While reporting harassment can feel daunting, it’s crucial for stopping the behavior and preventing it from affecting others.
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We’re here to support you. Remember, help is available, and you don’t have to go through this alone.
