INTRODUCTION

Laws are enacted to apply according to the needs of the times. The current state of affairs and circumstances are reflected in the salient provisions of these statutes taking into account past occurrences and events that more often than not becomes the catalyst that moves the legislature in creating a law to address the ever growing need of society for order, under the rule of law. Though the legislature in enacting a law try to take into consideration every pertinent variable, seldom do they try to anticipate unforeseen events and circumstances far away into the future. The wisdom behind this practice is that the constitution itself has provided set mechanisms to remedy the imperfections as circumstances evolve and unfold, via the tools of amendment or revision. Verily, the wisdom of the constitution in providing for the twin provisions on amendment and revision, is to cure laws previously passed that are no longer in tune with the present circumstances of the times. Hence, as society and circumstances evolve, so must the laws that preserve the orderly administration of justice, order and peace be attuned to maintain its balance. This paper therefore, seeks to review Republic Act 7877 “AN ACT DECLARING SEXUAL HARASSMENT IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.” This paper in its review, shall endeavour to determine whether the salient provisions of Republic Act 7877 can still be deemed attuned to the circumstances of the present. If as a result, a revision or amendment is found to be proper, a suggestion of the proposed provision shall be given in order to make it more attuned to the present needs of the times. Aside from the review of the current provisions of Republic Act 7877, this paper shall also seek to determine whether additional provisions are needed to be incorporated into the current law in order to address even more comprehensively and embrace all pertinent variables that have been seen to be lacking in the course of the application of the present law.

DISCUSSION

After careful review of the full text of Republic Act 7877, the following observations have been noted, to wit;
• Section 5, which provides for the Liability of the Employer, Head of Office, Educational or Training institution, states that the Employer, 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.
*While this section is not flawed in any way, it is deemed severely lacking as it provides a liability only for failure to immediately act on a complaint for violation of R.A. 7877.
*Additionally therefore, the law should further provide that the Employer, Head of Office, Educational or Training institution be also liable in the event of its failure to institute the mechanisms for the implementation of the provisions of this law in their environment.
• Section 7, which provides for the penalties for violation of the said law, states that the violator upon conviction shall 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 (Php 10,000.00) nor more than Twenty thousand pesos (Php 20,000.00), or both such fine and imprisonment at the discretion of the court.
*This law has been enacted not only to punish the commission of such acts of sexual harassment but more importantly to deter the commission of these acts in the environments specifically provided for.
*Section 7, which provides for the penalty for violation of the law, seems to provide a very weak deterrent as the penalties prescribed are deemed in the present to be somewhat light. A substantial increase in both the monetary fine and number of years of incarceration should henceforth be provided in order breathe life to the noble intent of this law.
• There is an absence of provisions on “Confidentiality,” which seals the records of the complaint and proceedings, for the protection of both accused and victim/complainant.
*More often than not, the social stigma that attaches to both accused and victim has been found to be most debilitating. A provision on Confidentiality therefore is a must to protect both parties, so that from the inception of the complaint until way after its final resolution, the records of the case and its proceedings should be sealed tight so as not to add an unnecessary injury to an already embarrassed victim or to a wrongfully accused respondent.

• There is an absence of much needed provisional protection orders such as: a) those directing the accused to stay away from the victim/complainant and designated family or household member at a distance specified by the tribunal, b) the prohibition on the accused from further harassing, annoying, contacting or otherwise communicating with the victim/complainant, c) a gag order prohibiting the accused and members of the tribunal from talking about the issue/complaint of harassment outside of the proceedings, and d) a provision preventive suspension.
*It must be kept in mind that in all cases of sexual harassment, the battle is always between the “Superior” versus the “Subordinate.” Unfortunately, the victim or aggrieved party in such encounters is always the “subordinate.”
*Adequate protection therefore should be afforded for the protection of the victims/complainants in cases of sexual harassment cases. The aforementioned provisional protection orders are not provided for in the present law and hence, must be additionally provided for. Otherwise, the poor “subordinate” will always be in peril of succumbing to the “superior” force that dangles the former’s future in the balance.