Below is a comprehensive discussion of how sexual harassment is addressed in the Philippines, focusing on the relevant laws, the government agencies involved, and the legal resources available to victims. Please note: The information provided here is for general educational purposes and does not constitute legal advice. If you or someone you know requires legal assistance, consult a qualified attorney or contact the relevant government agencies directly.

1. Overview and Definitions

1.1. What is Sexual Harassment?

In the Philippine context, sexual harassment is generally understood as unwanted, unwelcome, or coercive sexual behavior or conduct that can occur in the workplace, educational institutions, or other environments. It undermines a person’s dignity, security, and personal autonomy. While it can take many forms—physical, verbal, or visual—it is distinctly characterized by:

Unwanted sexual advances;
Requests for sexual favors;
Physical or verbal conduct of a sexual nature that unreasonably interferes with an individual’s performance or creates an intimidating, hostile, or offensive environment.

1.2. Historical Background

Prior to the 1990s, there was limited legal framework in the Philippines to address sexual harassment specifically. The passage of Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995) marked the first comprehensive legislation addressing this issue, primarily within workplace and educational settings. More recently, Republic Act No. 11313 (Safe Spaces Act or “Bawal Bastos” Law) expanded protections to cover harassment in public spaces, online platforms, and other contexts.

2. Key Laws on Sexual Harassment

2.1. Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995)

Scope and Coverage:

It primarily applies to situations where a person in authority, influence, or moral ascendancy demands, requests, or requires sexual favors from a subordinate in the workplace, training, or education environment.
Commonly covers employer–employee, teacher–student, or trainer–trainee relationships.

Key Provisions:

Acts Punishable: Sexual favors, unwanted advances, or any other verbal or physical conduct of a sexual nature when made as a condition for employment, hiring, or academic standing.
Liability: Employers or heads of offices/educational institutions can be held administratively liable if they fail to take action on reported incidents.
Penalties: Imprisonment ranging from one month to up to six months, or a fine of up to ₱20,000, or both, depending on judicial discretion.

2.2. Republic Act No. 11313 (Safe Spaces Act or “Bawal Bastos” Law)

Scope and Coverage:

Expands the scope of protection to public spaces, online spaces, and workplaces, regardless of the power relations involved.
Covers street harassment (catcalling, wolf-whistling, leering), cyber-harassment (unwanted sexual comments/messages, stalking), and any conduct that creates an intimidating or humiliating environment.

Key Provisions:

Gender-Based Streets and Public Spaces Sexual Harassment: Catcalling, wolf-whistling, unwanted remarks, gestures, or intrusive gazing done in public places are punishable.
Online Sexual Harassment: Includes unwanted sexual comments, remarks, or cyberstalking on social media.
Workplace Sexual Harassment: Builds upon RA 7877 by specifying the responsibilities of private and public workplaces to prevent and address harassment, including establishing internal grievance procedures.
Penalties: Fines, community service, and possible imprisonment, escalating with severity and repetition of offenses.

3. Government Agencies and Their Roles

3.1. Philippine National Police (PNP) – Women and Children Protection Center (WCPC)

Mandate: Investigate cases of violence and abuse against women and children, including sexual harassment.
Role: Receives complaints, conducts interviews, collects evidence, and assists in filing charges. They can also refer victims to shelters or medical services when needed.
Where to Go: Visit your local police station’s Women and Children Protection Desk (WCPD), typically staffed by female officers specially trained to handle such cases with sensitivity.

3.2. Commission on Human Rights (CHR)

Mandate: Protect and promote human rights in the Philippines; sexual harassment and gender-based violence are treated as human rights violations.
Role: Can investigate complaints and provide legal assistance or referrals for victims of harassment. They can also initiate their own investigations if they receive credible information of human rights violations.

3.3. Department of Labor and Employment (DOLE)

Mandate: Regulates and monitors labor practices, ensuring that workplaces comply with labor laws, which include the prohibition of sexual harassment.
Role: Accepts complaints related to employee rights, inspects workplace policies, and requires companies to have anti-sexual harassment measures in place.

3.4. Civil Service Commission (CSC)

Mandate: Oversees discipline and conduct of government personnel.
Role: In public sector workplaces, the CSC has jurisdiction over complaints of sexual harassment. It also issues policies for government agencies on preventing and addressing these cases.

3.5. Barangay Level (Barangay VAW Desks)

Mandate: Grassroots mechanisms established under the Barangay VAW (Violence Against Women) Desks, which handle complaints related to violence against women, including certain forms of sexual harassment.
Role: Provide immediate assistance, record incidents, mediate or refer cases to the proper authorities. They can also guide victims through the next steps in filing formal complaints.

3.6. Public Attorney’s Office (PAO)

Mandate: Provides free legal assistance to indigent or qualified persons.
Role: Offers legal aid for individuals who do not have the financial means to hire a private lawyer. They can help file complaints, draft pleadings, and represent you in court if you qualify under their indigency guidelines.

4. Reporting Process

Gather Evidence and Documentation
- Take note of dates, times, places, names of witnesses, and details of the incident(s).
- If there are messages, emails, or chat logs, make copies and store them securely (printed and in electronic form).
File a Complaint with the Relevant Office or Agency
- Workplace Harassment: If it happens at work, begin with your company’s internal grievance procedures or committee on decorum and investigation (if available). For public-sector workplaces, you may approach the Civil Service Commission or the head of the agency.
- Educational Institution: Report to the school administration or office in charge of student affairs.
- Criminal Complaints: You can directly file a complaint with the PNP (through the Women and Children Protection Desk) or with the Office of the Prosecutor in your locality.
Investigation
- The agency or office involved will collect statements, documents, and evidence from both parties.
- Investigations in the workplace or schools typically involve a fact-finding committee, while police investigations follow criminal procedure protocols.
Legal Proceedings
- For administrative cases (e.g., complaints within government agencies), the penalties may include dismissal, suspension, or fines.
- For criminal cases, the prosecutor’s office decides whether there is probable cause to elevate the case to court. The court process follows the rules of criminal procedure.
After Filing
- Keep track of all follow-up actions.
- It may be helpful to maintain contact with a support group, counselor, or NGO specializing in women’s rights (e.g., Gabriela, Legal Aid Groups, etc.).

5. Legal Remedies and Consequences

5.1. Administrative Remedies

In workplaces and schools—especially under RA 7877—investigations by a designated committee can impose penalties like written warnings, suspension, or termination of the offender. In the public sector, the Civil Service Commission has guidelines for disciplinary action.

5.2. Criminal Remedies

Both RA 7877 and RA 11313 provide for criminal penalties. Depending on the offense:

Fines ranging from ₱1,000 up to ₱100,000 or more (depending on the severity and repetition).
Imprisonment from one month to six months (or longer if the offense falls under other penal laws).
Other Penalties such as community service (particularly under the Safe Spaces Act).

5.3. Civil Liabilities

Victims may, in some cases, pursue civil damages for emotional distress, medical expenses (if any), lost wages, or other forms of harm directly caused by harassment.

6. Protection and Support Services

Temporary Protection Orders (TPO)
- While more commonly used in domestic violence cases, some forms of harassment may be covered under laws on violence against women. Courts may issue TPOs that prohibit the harasser from contacting or approaching the victim.
Counseling and Psychological Support
- Local government units (LGUs) often have free or subsidized mental health counseling.
- NGOs and women’s rights groups may offer hotlines and face-to-face support.
Shelters
- In extreme cases where victims fear for their safety, LGUs, the Department of Social Welfare and Development (DSWD), and certain NGOs maintain shelters or safe houses.
Legal Aid Clinics and NGOs
- Organizations like Gabriela, Women’s Legal Bureau, and university-based legal aid clinics can provide free or low-cost legal counseling, assistance in drafting pleadings, and representation in court.

7. Preventive Measures and Employer Responsibilities

7.1. Mandatory Policies in the Workplace

Companies are required by law to adopt and disseminate an Anti-Sexual Harassment Policy.
They must establish an Internal Committee on Decorum and Investigation to address complaints promptly and fairly.
Training and Workshops: Employers are encouraged to conduct seminars that promote understanding of sexual harassment issues, safe work environments, and avenues for reporting.

7.2. Safe Spaces in Public and Online

Under the Safe Spaces Act, local governments and establishments (restaurants, malls, etc.) are mandated to post hotlines or contact details for reporting harassment.
Public transport operators are similarly mandated to display notices regarding penalties for sexual harassment.

8. Practical Tips for Victims and Witnesses

Document Everything: Written notes, audio, video, screenshots, or photos can become crucial evidence.
Seek Immediate Help: Approach someone in authority, such as an HR officer, school official, or the barangay.
Know Your Rights: Familiarize yourself with relevant laws and be assertive in demanding a fair investigation.
Consult with a Lawyer Early: Whether from the Public Attorney’s Office or private practice, a lawyer can guide you through the steps, timelines, and possible outcomes.
Support Systems: Reach out to trusted family, friends, or local support groups; emotional support can be vital during these processes.

9. Frequently Asked Questions (FAQs)

1. Can men also be victims of sexual harassment under Philippine law?
Yes. The law protects any individual, regardless of gender. Although statistically more women report sexual harassment, men and members of the LGBTQ+ community are equally covered.

2. If I experience catcalling on the street, can I report it?
Yes. Under the Safe Spaces Act, catcalling is expressly punishable. You may report it to the nearest police station or local officials if you can identify the harasser.

3. How long do I have to file a complaint?
Timelines vary depending on the nature of the violation. Generally, the sooner you file, the better, as evidence and witness recollections remain fresher. For specific prescription periods, consult a lawyer or check the Revised Penal Code and relevant special laws.

4. What if my employer refuses to act on my complaint?
You can escalate the matter to the Department of Labor and Employment (DOLE) if you are in the private sector, or to the Civil Service Commission (CSC) if you are in the public sector. In many cases, you can also directly go to the Prosecutor’s Office to file a criminal complaint.

5. Is mediation possible for sexual harassment cases?
While some disputes can go through mediation (especially in administrative proceedings), criminal aspects may still proceed. Not all harassment cases are amenable to settlement, especially if the offense is severe.

10. Conclusion

Sexual harassment remains a critical issue in the Philippines, affecting countless individuals in workplaces, schools, public spaces, and online platforms. The government has responded by passing laws—RA 7877 and RA 11313—that provide protection, define the scope of punishable acts, and mandate preventive measures. Various government agencies—such as the PNP Women and Children Protection Desk, Commission on Human Rights, Department of Labor and Employment, and the Civil Service Commission—offer pathways for reporting and recourse.

If you or someone you know is a victim of sexual harassment, remember that you have rights. Document incidents, seek legal and emotional support, and report to the proper authorities. Engaging with a lawyer or approaching organizations dedicated to women’s and human rights can help ensure due process and justice. Through collective effort—individual, institutional, and governmental—the fight against sexual harassment in the Philippines continues, aiming to foster safer and more respectful environments for everyone.

Disclaimer: This article is intended only to provide general information and does not provide legal advice. For specific cases, please consult a licensed attorney or approach the relevant government agency.