RA 7877 vs. RA 11313
RA 7877 vs. RA 11313
RA 7877 vs. RA 11313
Punishable Acts - (Only covers sexual Punishable Acts – (expanded the coverage
harassment in work, education or training and defined different kinds of sexual
related) harassment which could be committed in
public places, public utilities, online,
workplace, educational and training
institutions)
Section 3. Work, Education or Training Section 4. Gender-Based Streets and
-Related, Sexual Harassment Defined. - Public Spaces Sexual Harassment. -The
Work, education or training-related sexual crimes of gender-based streets and public
harassment is committed by an employer, spaces sexual harassment are committed
employee, manager, supervisor, agent of the through any unwanted and uninvited sexual
employer, teacher, instructor, professor, actions or remarks against any person
coach, trainor, or any other person who, regardless of the motive for committing such
having authority, influence or moral action or remarks.
ascendancy over another in a work or training
or education environment, demands, Gender-based streets and public spaces
requests or otherwise requires any sexual sexual harassment includes catcalling, wolf-
favor from the other, regardless of whether whistling, unwanted invitations, misogynistic,
the demand, request or requirement for transphobic, homophobic and sexist slurs,
submission is accepted by the object of said persistent uninvited comments or gestures on
Act. a person’s appearance, relentless requests
for personal details, statement of sexual
(a) In a work-related or employment comments and suggestions, public
environment, sexual harassment is masturbation or flashing of private parts,
committed when: groping, or any advances, whether verbal or
physical, that is unwanted and has
(1) The sexual favor is made as a threatened one’s sense of personal space
condition in the hiring or in the and physical safety, and committed in public
employment, re-employment or spaces such as alleys, roads, sidewalks and
continued employment of said parks. Acts constitutive of gender-based
individual, or in granting said streets and public spaces sexual harassment
individual favorable compensation, are those performed in buildings, schools,
terms of conditions, promotions, or churches, restaurants, malls, public
privileges; or the refusal to grant the washrooms, bars, internet shops, public
sexual favor results in limiting, markets, transportation terminals or public
segregating or classifying the utility vehicles.
employee which in any way would
discriminate, deprive or diminish Section 6. Gender-Based Sexual
employment opportunities or Harassment in Public Utility Vehicles. -In
otherwise adversely affect said addition to the penalties in this Act, the Land
employee; Transportation Office (LTO) may cancel the
license of perpetrators found to have
(2) The above acts would impair the committed acts constituting sexual
employee's rights or privileges under harassment in public utility vehicles, and the
existing labor laws; or Land Transportation Franchising and
Regulatory Board (LTFRB) may suspend or
(3) The above acts would result in revoke the franchise of transportation
an intimidating, hostile, or offensive operators who commit gender-based streets
environment for the employee. and public spaces sexual harassment acts.
Gender-based sexual harassment in public
(b) In an education or training utility vehicles (PUVs) where the perpetrator
environment, sexual harassment is is the driver of the vehicle shall also
committed: constitute a breach of contract of carriage, for
the purpose of creating a presumption of
(1) Against one who is under the negligence on the part of the owner or
care, custody or supervision of the operator of the vehicle in the selection and
offender; supervision of employees and rendering the
owner or operator solidarity liable for the
(2) Against one whose education, offenses of the employee.
training, apprenticeship or tutorship
is entrusted to the offender; Section 12. Gender-Based Online Sexual
Harassment. -Gender-based online sexual
(3) When the sexual favor is made a harassment includes acts that use
condition to the giving of a passing information and communications technology
grade, or the granting of honors and in terrorizing and intimidating victims through
scholarships, or the payment of a physical, psychological, and emotional
stipend, allowance or other benefits, threats, unwanted sexual misogynistic,
privileges, or consideration; or transphobic, homophobic and sexist remarks
and comments online whether publicly or
(4) When the sexual advances result through direct and private messages,
in an intimidating, hostile or invasion of victim’s privacy through
offensive environment for the cyberstalking and incessant messaging,
student, trainee or apprentice. uploading and sharing without the consent of
the victim, any form of media that contains
photos, voice, or video with sexual content,
Any person who directs or induces
any unauthorized recording and sharing of
another to commit any act of sexual
any of the victim’s photos, videos, or any
harassment as herein defined, or who
information online, impersonating identities of
cooperates in the commission thereof by
victims online or posting lies about victims to
another without which it would not have
harm their reputation, or filing, false abuse
been committed, shall also be held liable
reports to online platforms to silence victims.
under this Act.
Section 16. Gender-Based Sexual
Harassment in the Workplace. -The crime
of gender-based sexual harassment in the
workplace includes the following:
Section 7. Penalties. - Any person who Any person who violates subsection (b) of
violates the provisions of this Act shall, upon this section, shall upon conviction, be
conviction, be penalized by imprisonment of penalized with a fine of not less than Ten
not less than one (1) month nor more than six thousand pesos (P10,000.00) nor more than
(6) months, or a fine of not less than Ten Fifteen thousand pesos (P15,000.00).
thousand pesos (P10,000) nor more than
Twenty thousand pesos (P20,000), or both SEC. 23. Independent Action for
such fine and imprisonment at the discretion Damages. — Nothing shall preclude the
of the court. victim of work-related GBSH from instituting a
separate and independent action for
Any action arising from the violation of the damages and other affirmative relief.
provisions of this Act shall prescribe in three
(3) years. **NOTE: Sexual Harassment in Workplace
under this law does not provide penalties
to the offender. Further, the aggrieved
party under this law may likewise file a
separate sexual harassment complaint
before the courts under RA 7877 even if
an administrative complaint under this law
is pending before the CODI.