SEXUAL HARASSMENT is covered by R.A. 7877. The acts which it penalizes are defined in Section 3 thereof, to wit:
SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or training-related sexual harassment is committed by an employer, 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, 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 of 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 ordiminish 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.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the 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 consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
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.
The penalties for sexual harassment are provided in Section 7, thus:
SECTION 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.
Meanwhile, ACTS OF LASCIVIOUSNESS are covered by the Revised Penal Code (Act. No. 3815), particularly by Art. 336 thereof.
The elements of the crime are:
1. The offender commits any act of lasciviousness or lewdness.
2. The act is committed against a person of either sex.
3. It is done under any of the following circumstances:
a. By using force or intimidation.
b. When the offended party is deprived of reason or otherwise.
c. By means of fraudulent machination or grave abuse of authority.
d. When the offended party is under 12 years of age or is demented.
May I ask for guidelines or provisions stating measures to ensure that corporate authorities correctly use provisions of this act and correctly interpret provisions of this act before filing a "sexual Harassment Case against an employee? I felt I have experienced abuse of authority because the administrators of my school have misused the provisions of this act to create an issue againsts me. please help me, Atty. 09164441665. Thank you very much.
Good morning Atty Brion.
I am an employer of a female-majority small business enterprise. My workers are housed in in separate 2-room apartment units. Each room has about 4 occupants. It is only very recently that I found out that one of them (a perceived tomboy), has been making sexual advances by kissing, touching and embracing her room mates in their sleep. What surprised me was the information that this has happened a number of times with 3 different "victims" the past two years. The "victims" are afraid to come out openly to denounce the offender, for fear of retaliation. I found this out when I received two days ago, two confidential notes from two them, detailing the acts made. Can I dismiss the erring employee? Alternatively, I plan to talk to the tomboy and require her to "stay out", instead of staying in the employees quarters. But this will not prevent her from retaliating or threatening. What legal steps can I take in this delicate situation? Please advise. Thank you.