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Thursday, September 20, 2007
Bill - Hon. Marie Afreel K. Visaya

Polytechnic University of the Philippines
YOUTH CONGRESS
Baguio City

Introduced by: Rep. Marie Afreel K. Visaya

EXPLANATORY NOTE

Work, Education or Training related sexual harassments are cases which are rampantly increasing in our society. Any person, who having authority, influence moral ascendancy over another uses their state to do this kind of act just to fulfill their pleasure. In conformity to what the state should do, which it shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human right, and uphold the dignity of every individual and with the contrary to what is the real cases of sexual harassment in work education or training related environment, government should strengthen their laws regarding this issue.
In 1995, the Philippines made a commitment at the Fourth World Conference on Women in Beijing which the government have adopted a 30-year plan for Gender Responsive Development (1995-2025) aimed at pursuing full equality and development for men and women.
In 1995, the Anti-Sexual Harassment Act was passed, prohibiting sexual harassment in an employment, education and training environments. Despite the enactment of various laws, designed to protect the individual’s human rights the authorities have been heavily criticized by women’s or other groups for poor implementation.
Since these harassment cases are still rampantly increasing, it is fitting that penalties to the person who committed the act must and increased and classify. Increasing the penalty will more protect and uphold the rights of every individual and classifying the penalty will conform to the actions that have been committed.
Passage of this bill will uphold the dignity of the workers, employees, applicants for employments, students or those undergoing training, instruction or education and it will be one way of protecting these individuals who are great contributor to our country.


MARIE AFREEL K. VISAYA
Representative
Youth Congress of the Philippines


Polytechnic University of the Philippines
YOUTH CONGRESS
Baguio City

Introduced by: Rep. Marie Afreel K. Visaya

AN ACT
AMENDING SECTION 7 OF THE ANTI-SEXUAL HARASSMENT ACT OF 1995, AS AMENDED, BY INCREASING AND CLASSIFFYING THE PENALTIES OF ANY PERSON WHO VIOLATES ANY PROVISOINS OF THE SAID ACT

Be it enacted by the Senate and the House of the Representatives of the Philippines in Congress assembled

Section 1. Section 7 of the Anti- Sexual Harassment act of 1995, as amended, is hereby further amended to read as follows:
Section 7. Penalties- Any person who violates the provisions of this Act, shall, upon conviction, be penalized depending on the sexual harassment committed or any act violating the provisions.
a). In the case of sec. 3 a (1)(2)(3), of the Act, the person who is convicted shall be penalized by imprisonment of not less than six (6) months nor more than two (2) years, or a fine not less than, fifty thousand pesos (P50 000) nor more than one hundred thousand pesos (P100 000) or both such fine and imprisonment at the discretion of the court.
b). While in the case of sec. 3n b (1)(2)(3), the person who, the person who is convicted shall be penalized by imprisonment of not less than one (1) year nor more than three (3) years, or a fine not less than seventy five thousand pesos (P75 000) nor more than one hundred fifty thousand pesos (P 150 000) or both such fine and imprisonment at the discretion of the court.
In education or training related environment, any person who having authority, which are convicted may also be suspended or even terminated, upon the discretion of the court.

Section 2. Repealing Clause. All acts or parts of Acts, executive order and their implementing rules inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 3. Separability Clause- All laws, rules and regulations, decrees, issuances or any part opt parts thereof inconsistent with this act are hereby repealed, modified or amended accordingly.

Section 4. Effectivity Clause- The act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation, whichever comes first.

Approved

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