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NOTING
that the present law on sexual harassment did not deter
the commission of that crime, legislators representing
the women sector are seeking to add more teeth to the
law by amending it and providing for stiffer penalties.
Party-list Reps. Liza Maza and Luzviminda Ilagan of
Gabriela said that while the antisexual harassment law,
or Republic Act (RA) 7877, has been in existence for
more than 10 years now, sexual harassment cases remain
rampant and that prosecutions under the said law are
just a few.
In
filing House Bill 3704, the legislators sought the
amendment of Section 3 of RA 7877 on the Definition of
Work, Education or Training-related Sexual Harassment to
provide that sexual harassment is committed as follows:
• in the
place of employment, training or education by any person
who engages in any unwanted or unwelcome sexual advance,
request or demand for sexual favors or other verbal or
physical conduct of a sexual nature against an employee,
employer, trainee, trainor, student, instructor, teacher
or professor; and
•
outside the place of employment, training or education
by an employer, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor,
or any other person, who, having authority, influence or
moral ascendancy over another’s work, training or
education, makes any unwanted or unwelcome sexual
advance, request or demand for sexual favor or other
verbal or physical conduct of a sexual nature.
The bill
also seeks to amend Section 4 on the Duty of the
Employer or Head of Office in a Work-related, Education
or Training Environment so that the employer, head of
office in a work-related, education or training
environment or institution shall hereby be mandated to
adopt a comprehensive, detailed, written policy on
sexual harassment and so that there shall be a 48-hour
deadline within which to act on complaints against
sexual harassment in these places.
Likewise, the employer or head of the office is prima
facie presumed to have knowledge of sexual harassment
act or acts if: the management failed to comply with the
preceding section; a complaint was made before the
committee or authority designated to receive complaints
or investigate cases as provided in the rules and
regulations; and the harassment is openly practiced or
well-known among employees, students or trainees.
They
also proposed that Section 7 on penalties be also
amended so that violators shall face imprisonment of one
month to six months, or pay a fine of P50,000 to
P200,000, or penalized with both. The maximum penalties
shall be imposed if the perpetrator is the employer,
manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other
person who has authority, influence or moral ascendancy
over another’s work, training or education. |