In the Philippines, harassment is not defined by a single, monolithic statute. Instead, it is addressed through a web of special laws and the Revised Penal Code, depending on the context—whether it occurs in the workplace, an educational institution, the streets, or online.
Understanding the legal landscape requires looking at the specific elements of each applicable law.
1. Sexual Harassment in the Workplace and Education (R.A. 7877)
The Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877) is the primary law governing harassment in professional and academic environments.
The Legal Definition
Under R.A. 7877, sexual harassment is committed when a person with authority, influence, or moral ascendancy over another demands, requests, or otherwise requires any sexual favor from the other, regardless of whether the demand is accepted.
Key Elements:
The Setting: It must occur in a work, education, or training environment.
The Relationship: There must be a hierarchy. The offender must be an employer, manager, supervisor, teacher, instructor, or anyone who has authority over the victim.
The Conduct:
In Work: The sexual favor is made a condition in the hiring, re-employment, or continued employment of said individual, or the refusal results in limiting opportunities.
In Education/Training: The sexual favor is made a condition to the giving of a passing grade, the granting of honors/scholarships, or the payment of a stipend.
The Result: The act results in an intimidating, hostile, or offensive environment for the employee or student.
2. Gender-Based Streets and Public Spaces Sexual Harassment (R.A. 11313)
Commonly known as the Safe Spaces Act (Bawal Bastos Law), this expanded the definition of harassment to cover acts committed between peers or even by strangers in public.
The Legal Definition
It encompasses any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks.
Categories and Elements:
- Public Spaces: This includes catcalling, wolf-whistling, unwanted invitations, misogynistic/transphobic slurs, persistent uninvited comments on appearance, and stalking.
- Online Sexual Harassment: This includes the use of information and communications technology to terrorize or intimidate victims through physical, psychological, and emotional threats, or the unauthorized recording/sharing of photos/videos of a sexual nature.
- Key Distinction from R.A. 7877: Under the Safe Spaces Act, authority is not required. A co-worker or a random passerby can be held liable.
3. Harassment as a Form of Violence (R.A. 9262)
The Anti-Violence Against Women and Their Children Act of 2004 addresses harassment within the context of intimate relationships.
The Legal Definition
Harassment here falls under Psychological Violence. It involves acts or omissions causing or likely to cause mental or emotional suffering to the victim.
Key Elements:
- The Victim: Specifically women and their children.
- The Offender: A husband, former husband, or any person with whom the victim has or had a sexual or dating relationship.
- The Conduct: This includes stalking, peering into windows, lingering outside the residence, or following the victim’s movements, which creates a pattern of conduct that places the victim in fear for their safety.
4. Harassment under the Revised Penal Code (RPC)
When an act of harassment does not involve sexual overtones or specific domestic/work relationships, it may fall under general crimes:
- Unjust Vexation (Article 287): A "catch-all" provision. It is defined as any human conduct which, although not productive of some physical injury, would unjustly annoy or irritate an innocent person. The main element is intent to cause annoyance, irritation, or vexation.
- Grave or Light Coercion: If the harassment involves using violence or intimidation to prevent someone from doing something lawful or compelling them to do something against their will.
- Grave or Light Threats: If the harassment involves promising the infliction of a wrong (a crime) upon the person, honor, or property of the victim.
5. Summary Table of Harassment Framework
| Law | Governing Context | Key Requirement |
|---|---|---|
| R.A. 7877 | Work/Education | Authority/Moral Ascendancy |
| R.A. 11313 | Public/Online | Unwanted/Uninvited Sexual Conduct |
| R.A. 9262 | Domestic/Dating | Intent to cause Emotional Distress |
| Art. 287, RPC | General/Social | Unjust Vexation (Annoyance) |
Liability and Obligations
Under Philippine law, specifically for R.A. 7877 and R.A. 11313, the employer or head of office has a legal obligation to:
- Prevent or deter the commission of acts of sexual harassment.
- Create a Committee on Decorum and Investigation (CODI) to handle complaints.
- Be held solidarily liable for damages if they are informed of the harassment and no immediate action is taken.