In the Philippine jurisdiction, sexual harassment in the workplace is not merely an administrative or civil matter; it is a criminal offense. Victims have the right to seek redress through the judicial system under two primary statutes: Republic Act No. 7877 (The Anti-Sexual Harassment Act of 1995) and the more expansive Republic Act No. 11313 (The Safe Spaces Act).
1. The Legal Framework
Republic Act No. 7877: The Anti-Sexual Harassment Act of 1995
This is the foundational law addressing harassment in work, education, or training environments. It focuses on the abuse of authority and the "quid pro quo" (this for that) nature of harassment.
- The Requisite Relationship: Under R.A. 7877, the offender must be an employer, manager, supervisor, agent of the employer, or any person who has authority, influence, or moral ascendancy over the victim.
- The Criminal Act: It is committed when the offender demands, requests, or otherwise requires any sexual favor, regardless of whether the demand is accepted, provided that:
- The favor is made a condition in the hiring, re-employment, or continued employment of said individual; or
- The refusal to grant the favor results in limiting, segregating, or classifying the employee in a way which would discriminate against or deprive said employee of employment opportunities; or
- The above acts would impair the employee's rights or privileges under existing labor laws; or
- The above acts result in an intimidating, hostile, or offensive environment for the employee.
Republic Act No. 11313: The Safe Spaces Act (Bawal Bastos Law)
Enacted in 2019, this law significantly expanded the definition of sexual harassment. Unlike R.A. 7877, it does not require a relationship of authority or moral ascendancy.
- Peer-to-Peer Harassment: Under this law, a co-equal (colleague) or even a subordinate can be charged with gender-based sexual harassment in the workplace.
- Broadened Definitions: It criminalizes acts such as:
- Catcalling, wolf-whistling, and unwanted invitations.
- Misogynistic, transphobic, homophobic, and sexist slurs.
- Persistent uninvited comments or gestures on appearance.
- Stalking and any other physical, verbal, or psychological behavior that is sexual in nature and creates an intimidating or offensive environment.
2. Duties of the Employer
The law places a heavy burden on the employer to prevent harassment. Failure to act can lead to independent civil liability for the company.
- Creation of a COCOA: Every workplace must establish a Committee on Decorum and Investigation (CODI). This committee is responsible for investigating complaints.
- Policy Dissemination: Employers must create a clear internal policy prohibiting sexual harassment and ensure all employees are aware of it.
- Liability for Inaction: If the employer or head of office is informed of sexual harassment and fails to take immediate action, they can be held solidarily liable for damages.
3. The Procedure for Filing Criminal Charges
Filing a criminal case is distinct from filing an internal administrative complaint with the HR department or the CODI.
Step 1: Documentation and Evidence
Before filing, the complainant should gather evidence. This includes:
- Affidavit-Complaint: A sworn statement detailing the "who, what, when, and where."
- Corroborating Witness Statements: Affidavits from colleagues who witnessed the act or the hostile environment.
- Physical Evidence: Screenshots of messages, emails, CCTV footage, or audio/video recordings (subject to the Anti-Wiretapping Law, though usually admissible if recorded in a context where there is no reasonable expectation of privacy, such as a public office space).
Step 2: Filing the Complaint-Affidavit
The victim must file the Complaint-Affidavit with the Office of the City or Provincial Prosecutor where the crime was committed.
Step 3: Preliminary Investigation
The Prosecutor will conduct a preliminary investigation to determine probable cause.
- The respondent (accused) will be issued a subpoena to submit a Counter-Affidavit.
- If the Prosecutor finds probable cause, an "Information" (the formal criminal charge) will be filed in court.
Step 4: Trial
The case will proceed to the Municipal Trial Court or Regional Trial Court. The victim will testify as the complaining witness, and the State (represented by the Public Prosecutor) will prosecute the case.
4. Penalties and Prescription Periods
| Law | Penalty | Prescription Period |
|---|---|---|
| R.A. 7877 | Imprisonment of 1 to 6 months OR a fine of ₱10,000 to ₱20,000 (or both). | 3 years |
| R.A. 11313 | Varies by offense (range of fines from ₱10,000 to ₱100,000 and possible jail time). | Varies (up to 10 years for some offenses) |
Important Note: A victim can file an administrative case (for dismissal of the employee), a civil case (for damages), and a criminal case simultaneously. One does not bar the other.
5. Key Defenses and Challenges
- The "Consent" Defense: The accused often claims the acts were consensual. However, Philippine courts have consistently ruled that in a workplace with a power imbalance, "acquiescence" is not the same as "consent."
- Prescription: If the complaint is filed after the prescription period (3 years for R.A. 7877), the case will be dismissed.
- The "Hostile Environment" Standard: In cases where no physical touch occurred, the prosecution must prove that the conduct was sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment.