Request for a Sexual Favor Under Republic Act No. 7877

by ermetes adolfo jr. in Issues, April 30, 2011

All forms of sexual harassment in the employment, education or training environment are declared unlawful as stated in section two of the Republic Act No. 7877, otherwise known as Anti-Sexual Harassment Act of 1995 in the Philippines. For those convicted of sex crimes, probation with mandated treatment along with some jail time is a common disposition. The major goal of treatment for sex offenders is the prevention of sexual offenses in the future.

Request for a sexual favor without consent of the concerned person is against the law of the land and sexual harassment is not allowed under RA 7877, otherwise known as Anti-Sexual Harassment Act of 1995. Most of us have disagreed the notions once the sex offender convicted of the crime that he had committed, he will be prosecuted to the highest extent of the law.

All of us are aware already what would be the punishment once the verdict had been pronounced, passed down or gaveled by the judge. That Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995, provides criminal sanctions for acts constituting sexual harassment. The law also requires the employers or the head of the covered institutions to deter the commission of acts of sexual harassment and to provide for procedures for resolution, settlement or prosecution of acts of sexual harassment. In Republic Act No. 7877, it is clearly stated and I quote:

(1) In a work-related or employment environment, sexual harassment is committed when:

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      (a) 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 or diminish employment opportunities or otherwise adversely affect said employee;

      (b) The above acts would impair the employee’s rights or privileges under existing labor laws; or
      (c) The above acts would result in an intimidating, hostile, or offensive environment for the employee.

(2) In an education or training environment, sexual harassment is committed:

(a) Against one who is under the care, custody or supervision of the offender;

(b) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(c) 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

(d) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.