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  • Strengthening of sexual
    harassment law urged
     
    By Fernan Marasigan
    Reporter
     

    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.

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