Sexual Harassment at Work: What the Law Says

Section 3 says work-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". It does not matter whether the victim gives in.

In a work setting, the law covers these situations (Section 3(a)):

• the sexual favor is made a condition for hiring, employment, re-employment or continued employment, or for better pay, terms, promotions or privileges; or refusing it leads to the employee being limited, segregated or classified in a way that hurts his or her job opportunities;
• the acts would impair the employee's rights or privileges under labor laws; or
• the acts would result in "an intimidating, hostile, or offensive environment for the employee".

A person who directs or induces another to commit sexual harassment, or who cooperates in it so that it would not have happened without him, is also liable.

In Escandor v. People (2020), the Court listed three elements: (1) the offender has authority, influence or moral ascendancy over the victim; (2) that authority, influence or moral ascendancy exists in a work-related, training-related or education-related environment; and (3) the offender makes a demand, request or requirement of a sexual favor. The Court said that what sets this crime apart from other offenses is "first, its setting; and second, the person who may commit it". It also noted that sexual harassment can lead to three kinds of liability: criminal, civil and administrative.

In Domingo v. Rayala (2008), an administrative case against a government official, the Court said the demand for a sexual favor need not be "articulated in a categorical oral or written statement. It may be discerned, with equal certitude, from the acts of the offender." The official's liability was upheld; the penalty that stood was a one-year suspension from service, not dismissal.

Section 16 of RA 11313 covers gender-based sexual harassment in the workplace. It includes unwelcome sexual advances, requests for sexual favors or any act of a sexual nature, done in person or through text messages, email or other technology, that has or could have a harmful effect on a person's job conditions, performance or opportunities. It also covers unwelcome and pervasive conduct that creates an intimidating, hostile or humiliating environment.

Two points matter most:

• Peers are covered. Section 16 says the offense "may also be committed between peers", by a subordinate against a superior officer, by a student against a teacher, or by a trainee against a trainer. RA 7877 needs authority or influence; RA 11313 does not.
• The workplace is broad. The implementing rules say workplaces include "all sites, locations, spaces, where work is being undertaken by an employee within or outside the premises of the usual place of business of the employer" (Section 18).

In Escandor v. People, the Court said the Safe Spaces Act "does not undo or abandon the definition of sexual harassment" under RA 7877. The Court explained that the Safe Spaces Act punishes sexually harassing a person on the basis of sexual orientation, gender identity or expression, while RA 7877 punishes the abuse of authority, influence or moral ascendancy to sexually harass a subordinate.

The Act and its rules, as read for this page, set no specific fine or prison term for the person who commits workplace harassment under Section 16. They do set fines for employers (see below). For harassment by a superior who demands a sexual favor, the penalty is the one in RA 7877.

Under Section 7 of RA 7877, a person convicted is punished by imprisonment of not less than 1 month nor more than 6 months, or a fine of not less than ₱10,000 nor more than ₱20,000, or both, at the court's discretion. In Escandor v. People, the Court affirmed a penalty of six months of imprisonment and a ₱20,000 fine.

The law also keeps other remedies open. Administrative sanctions by the employer "shall not be a bar to prosecution in the proper courts" (Section 4), and the victim may file a separate and independent action for damages (Section 6).

Under Section 4 of RA 7877, the employer must issue rules on how sexual harassment cases are investigated and what administrative sanctions apply, and create a committee on decorum and investigation.

The Safe Spaces Act adds duties (Section 17). The committee must:

• be headed by a woman, with at least half of its members women;
• investigate and decide complaints within ten days or less from receipt (the implementing rules say ten working days);
• protect the complainant from retaliation; and
• guarantee confidentiality as far as possible.

Co-workers also have a duty to report acts of gender-based sexual harassment they witness (Section 18(d)). Under the implementing rules, a report may be anonymous, but unless the victim makes it in her or his own name, it is not a formal complaint (Section 21(c)).

Employers face fines under Section 19: ₱5,000 to ₱10,000 for not implementing the required duties, and ₱10,000 to ₱15,000 for "not taking action on reported acts". The Department of Labor and Employment (private sector) and the Civil Service Commission (public sector) conduct yearly inspections (Section 20). Under the implementing rules, an employer's non-compliance may be reported to DOLE, and a government employee may file an administrative complaint with the Civil Service Commission (Section 19).

Section 5 of RA 7877 makes the employer or head of office solidarily liable for damages arising from sexual harassment in the workplace "if the employer or head of office... is informed of such acts by the offended party and no immediate action is taken thereon". Solidarily liable means the victim may collect the whole amount from either the harasser or the employer.

Section 7 of RA 7877 says any action arising from a violation "shall prescribe in three (3) years". In Escandor v. People, the complaint was filed about nine months after the last act, within the period. For offenses under Section 16 of the Safe Spaces Act, Section 36 sets five years.

These are made-up examples to show how the rules work. They are not advice for any real case.

Ana's supervisor keeps touching her shoulders and hints that her contract renewal "depends on how nice she is to him". He has moral ascendancy over her at work, and following Domingo v. Rayala, a demand for a sexual favor can be discerned from his acts. Under RA 7877 the penalty is 1 to 6 months, a fine of ₱10,000 to ₱20,000, or both.

Carlo keeps sending sexual jokes and comments by chat to a co-worker of the same rank, who has told him to stop. RA 7877 needs authority or influence, which Carlo does not have. Section 16 of the Safe Spaces Act covers acts between peers, and the employer's committee must act on the complaint.

Reporting to the employer's committee does not need a lawyer. Talk to a lawyer if you plan to file a criminal complaint or a civil case for damages, if you were dismissed or pressured to resign after complaining, or if the employer did not act on your report. For dismissal and money claims, see How to file a labor complaint and constructive dismissal. For harassment in the street or public places, see Safe Spaces Act: catcalling and street harassment. For the wider set of workplace rights, see Employee rights.

If you cannot afford a lawyer, see Free legal help in the Philippines.