The Anti-sexual Harassment Act of 1995

8/11/2019 The Anti-sexual Harassment Act of 1995

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THE ANTI-SEXUAL

HARASSMENT ACT OF 1995

RA NO. 7877


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Sexual Harassment

Is the act of demanding or requesting sexualfavor, by a person having authority or moralascendancy over another, regardless of whetherthe demand or request is accepted or not (sec 3)

It is not about a man taking advantage of awoman by reason of sexual desire- it is aboutpower being exercised by a superior officer overhis women subordinates. The power emanatesfrom the fact that the superior can remove thesubordinate from his workplace if the latterwould refuse his amorous advances (Floralde vCA, 337 SCRA 371)


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The gravamen of the offense of sexualharassment is not the violation of sexuality but

the abuse of power by the superior (PAA vNLRC, 331 SCRA 237)

To fall within the ambit of sexual harassment, itis not necessary that the demand, request or

requirement for sexual favor be articulated incategorical oral or written statement- it may bediscerned , with equal certitude, from the acts ofthe superior. It is not even essential that thedemand, request or requirement be made as a

condition for continued employment or forpromotion- it is enough that the respondentsacts result in creating an intimidating, hostile oroffensive environment for the employee(Domingo v Rayala, 546 SCRA 90)


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Sexual harassment can be

committed in

A work-related environment or

An education or training environment


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When refusal to grant the sexual favor

results in limiting, segregating, or

classifying the employee which in any way

would discriminate, deprive, or diminishemployment opportunities or otherwise

adversely affect said employee

(Sec 3a)


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Sexual harassment in education or

training environment

The sexual favor is made as a condition

for giving of passing grade; granting of

honors and scholarships; or payment of

benefits, privileges or considerations

The sexual advances result in an

intimidating, hostile or offensive

environment for the trainee or apprentice

(sec 3b)


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Obligations of Employer or Head of

educational/training institution

Create a committee on decorum andinvestigation to handle cases on sexualharassment

Promulgate rules and regulations (properdecorum, procedure for investigation andadministrative sanctions) jointly approvedby representatives ofemployees/students/trainees

(sec 4)


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Liability of employer, educational or

training institutions

Solidarily liable for damages arising from

the acts of sexual harassment committed if

they do not take immediate action on any

sexual harassment that has been reportedto them by the offended party

(sec 5)


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cases

There is no sexual harassment if the

parties were not employed with the same

agency, hence it cannot be said that

respondent used his position to procuresexual favors from complainant

(CSC vNierras, 545 SCRA 316)


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PAA v NLRC, 331 SCRA 237

DOMINGO v RAYALA (2008), GR

155831, GR 155840, GR 158700

NARVASA v SANCHEZ JR (2010), GR

169449


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THE SENIOR CITIZENS ACT

RA 7432 as amended by RA 9257 and 9994


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Senior citizen- a resident citizen of the

Philippines at least 60 years old (sec1). It

includes Filipinos with dual citizenship

status, provided they have at least 6months residency in the Philippines (5.1

IRR).


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Privileges of Senior Citizens

1. 20% discount and exemption from VATfor their exclusive use and enjoyment,the following:

Purchase of medicines Professional fees of attending physician

Professional fees of health workers

Medical and dental services, diagnosticand laboratory fees

Actual fare for land transportation travel


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Actual fare for air and sea transportation(domestic)

Utilization of services in hotels, restaurants

and recreation centers Funeral and burial services

Admission fees charged by theaters,

cinema, concert halls, circuses, carnivalsand other similar places of culture, leisureand amusement


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2. Exemption from the payment of individual

income taxes (for minimum wage earners)

3. 5% discount on the monthly utilization of

water and electricity supplied by public

utilities

4. Free medical and dental services in all

government facilities subject to guidelines

to be issued by DOH and Philhealth


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5. Exemption from training fees for socio-economicprograms

6. Educational assistance for post secondary,

tertiary, post tertiary, vocational and technicaleducation as well as short term courses forretooling in both public and private schools thruscholarships, grants, financial aids. Etc

7. If feasible, the continuance of same benefits andprivileges given by GSIS, SSS and Pag-ibig asare enjoyed by those in actual service


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8. Special discounts ins special programs for

senior citizens

9. Express lanes in all commercial and

government establishments or if none,

priority shall be given to them

10. Death benefit assistance of a minimum

of P2,000


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No double discounts

For promotional discounts, senior citizen

can choose between promotional discount

or the 20% discount under the law

whichever is higher and more favorable

If senior citizen is also a person with

disability, he can choose which of the two

to avail

(Sec 9)


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SC discount can be claimed as tax

deduction

Discounts granted by establishments tosenior citizens may be claimed asdeductions from the gross income for the

same taxable year that the discount isgranted provided, that the total amount ofthe claimed tax deductions net of VAT, ifapplicable shall be included in their gross

sales receipts for tax purposes and shallbe subject to proper documentation (art10, RA 9994)


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Additional privileges for indigent

senior citizens

Free vaccination from DOH against

influenza virus and pneumococcal disease

Monthly stipend from the government in

the amount of P500

Philhealth coverage(LGUs)

Death benefit assistance of P2T


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Discount for DSWD-accredited

senior citizens center

50% discount on all electricity, water,

telephone consumption (operation for at

least 6 months with separate meter)


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Additional tax deduction for private

entities that employs senior citizens

Additional deduction from their gross

income, equivalent to 15% of the total

amount paid as salaries and wages to

senior citizens provided: the employmentshall continue for a period of at least 6

months and the annual income of the

senior citizen does not exceed the latestpoverty threshold for the year


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OFFENSES AND PENALTIES

1. Refusal to honor the senior citizen card

pegging a maximum amount of food

purchase subject to 20% discount, etc

Refusal to grant to discount and VAT

exemption on take-out/take-home/drive

thru orders or delivery orders it

appearing for the exclusive use and

enjoyment of senior citizens


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Refusal to grant discount for credit cardpayments

Making a distinction between branded and

generic drugs and medicines in giving the 20%

discount Posting notice that availment of discount is

limited to cash purchases only

Limiting discountable drug and medicinepurchases to certain days of the week only

Restricting purchase time to accommodate SC


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First violation2-6 yrs imprisonment and

fine of P50-100T

Subsequent violation2-6 yrs imprisonment

and fine of P100-200T


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2. Abuse of senior citizen privileges, like

Senior citizen or his representative or aperson who misuse the privilege by usingseveral purchase booklets; availing of thediscount to buy medicines, drugs, etc notfor the use of the senior citizen andunauthorized use of the identification cardof senior citizen

Medical practitioner who gives prescriptionto other persons in the name of the SC orwho gives anomalous prescription


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Imprisonment of 6 months and fine of P50-

100T

All cities ad municipalities are obliged to

have an Office of Senior Citizens Affairs

Documents

The Anti-sexual Harassment Act of 1995