Article 49Labor and Agrarian Laws and Social Legislation, p. 49

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

scholarships, or the payment of a stipend, allowance or

other benefits, privileges, or consideration; or

(4) When the sexual advances result in an intimidating,

hostile or offensive environment for the student, trainee

or apprentice.

Any person who directs or induces another to commit

any act of sexual harassment as herein defined, or who

cooperates in the commission thereof by another without

which it would not have been committed, shall also be

held liable under this Act.

Section 4. Duty of the Employer or Head of Office in a

Work-related, Education or Training Environment. - It

shall be the duty of the employer or the head of the

work-related,

educational or training environment or

institution, to prevent or deter the commission of acts of

sexual harassment and to provide the procedures for the

resolution, settlement or prosecution of acts of sexual

harassment. Towards this end, the employer or head of

office shall:

(a)

Promulgate

appropriate

rules and regulations in

consultation with and joint1y approved by the employees

or students or trainees, through their duly designated

representatives,

prescribing

the

procedure

for

the

investigation

of

sexual

harassment

cases

and

the

administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution

in

the

proper

courts

for

unlawful

acts

of

sexual

harassment.

The said rules and regulations issued pursuant to this

subsection (a) shall include, among others, guidelines on

proper decorum in the workplace and educational or

training institutions.

(b) Create a committee on decorum and investigation of

cases

on

sexual

harassment.

The

committee

shall

conduct meetings, as the case may be, with officers and

employees,

teachers,

instructors,

professors,

coaches,

trainors,

and

students

or

trainees

to

increase

understanding

and

prevent

incidents

of

sexual

harassment. It shall also conduct the investigation of

alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee

shall be composed of at least one (1) representative each

from the management, the union, if any, the employees

from the supervisory rank, and from the rank and file

employees.

In the case of the educational or training institution, the

committee

shall

be

composed

of

at

least

one

(1)

representative

from

the

administration,

the trainors,

instructors,

professors

or

coaches

and

students

or

trainees, as the case may be.

The employer or head of office, educational or training

institution shall disseminate or post a copy of this Act for

the information of all concerned.

Section 5. Liability of the Employer, Head of Office,

Educational or Training Institution. - The employer or

head of office, educational or training institution shall be

solidarily liable for damages arising from the acts of

sexual

harassment

committed

in

the

employment,

education

or training environment if the employer or head of office,

educational or training institution is informed of such

acts by the offended party and no immediate action is

taken.

Section 6. Independent Action for Damages. - Nothing in

this Act shall preclude the victim of work, education or

training-related sexual harassment from instituting a

separate and independent action for damages and other

affirmative relief.

Section 7. Penalties. - Any person who violates the

provisions of this Act shall, upon conviction, be penalized

by imprisonment of not less than one (1) month nor more

than six (6) months, or a fine of not less than Ten

thousand

pesos

(P10,000)

nor

more

than

Twenty

thousand

pesos

(P20,000),

or

both

such

fine

and

imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of

this Act shall prescribe in three (3) years.

Section

8.

Separability

Clause.

-

If

any

portion

or

provision of this Act is declared void or unconstitutional,

the remaining portions or provisions hereof shall not be

affected by such declaration.

Section 9. Repealing Clause. - All laws, decrees, orders,

rules and regulations, other issuances, or parts thereof

inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

Section 10. Effectivity Clause. - This Act shall take effect

fifteen (15) days after its complete publication in at least

two (2) national newspapers of general circulation.

RA No 7160 | Special Protection of

Children Against Abuse, Exploitation

and Discrimination Act

As amended by RA No 9231, the Anti-Child Labor Law

Rules and Regulations Implementing the Anti-Child

Labor Law

June 17, 1992

AN ACT PROVIDING FOR STRONGER DETERRENCE AND

SPECIAL PROTECTION AGAINST CHILD ABUSE,

EXPLOITATION AND DISCRIMINATION, AND FOR

OTHER PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled:

ARTICLE I Title, Policy, Principles and Definitions

of Terms

Section 1. Title . – This Act shall be known as the

" Special

Protection

of

Children

Against

Abuse,

Exploitation and Discrimination Act ."

Section

2.

Declaration

of

State

Policy

and

Principles . – It is hereby declared to be the policy of the

State to provide special protection to children from all

forms

of

abuse,

neglect,

cruelty,

exploitation

and

discrimination, and other conditions prejudicial to their

development including child labor and its worst forms;

provide sanctions for their commission and carry out a

program for prevention and deterrence of and crisis

intervention in situations of child abuse, exploitation and

discrimination. The State shall intervene on behalf of the

child when the parent, guardian, teacher or person

having care or custody of the child fails or is unable to

protect

the

child

against

abuse,

exploitation

and

discrimination or when such acts against the child are

committed by the said parent, guardian, teacher or

person having care and custody of the same.

It shall be the policy of the State to protect and

rehabilitate children gravely threatened or endangered

by circumstances which affect or will affect their survival

and normal development and over which they have no

control.

The best interests of children shall be the paramount

consideration in all actions concerning them, whether

undertaken by public or private social welfare institutions,

courts of law, administrative authorities, and legislative

bodies, consistent with the principle of First Call for

Children as enunciated in the United Nations Convention

on the Rights of the Child. Every effort shall be exerted to

promote

the

welfare of children and enhance their

opportunities for a useful and happy life.

Section 3. Definition of Terms . –

© Compiled By RGL

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