QuestionsQuestions (IRR of Republic Act No. 11313)
It provides guidelines and mechanisms for the implementation of the Safe Spaces Act.
Unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs.
A form of stalking committed through an electronic medium where online communication takes place.
Online conduct targeted at a particular person causing or likely to cause mental, emotional, or psychological distress and fear of personal safety, including unwanted sexual remarks/comments, threats, sharing photos/videos without consent, recordings without consent, cyberstalking, and online identity theft.
Streets and alleys, roads, sidewalks, parks, buildings and other areas openly accessible to the public (regardless of ownership), including public washrooms, malls, transportation terminals, public utility vehicles, app-based transport vehicles, and other recreational spaces and government offices.
Examples include: catcalling/wolf-whistling and slurs; persistent uninvited comments/gestures on appearance; relentless requests for personal details; sexual comments/suggestions; public masturbation/flashing or lewd gestures; unwanted advances threatening personal safety; persistent sexual jokes/sexual names; and stalking.
They must adopt a zero-tolerance policy against gender-based streets and public spaces sexual harassment, applicable to all persons within the establishment or vicinity, and must implement prevention and response measures under the IRR.
Among others: install clearly visible warning signs (including anti-harassment hotline numbers) in conspicuous readable form; designate at least one (1) anti-sexual harassment officer knowledgeable on GBSH and assistance for victims.
Among others: coordinate with local police authorities immediately (accompany victim if necessary); where required/possible install functional CCTV; make CCTV footage available to victims and when ordered by court; provide a safe gender-sensitive environment for reporting; and develop protocols to speedily address reports/complaints.
When a crime is actually being committed or just about to be committed in the presence of the arresting person, or when the crime has just been committed and the arresting person has personal knowledge of facts indicating the arrested person committed it.
In addition to penalties in the law, LTO may cancel the perpetrator’s license, and LTFRB may suspend or revoke the franchise of the operator; GBSH by a driver breaches the contract of carriage and creates a presumption of negligence on the part of the owner/operator, making them solidarily liable.
Under the IRR’s Qualified GBSH provisions, the penalty next higher in degree is applied when the offended party belongs to any of those groups.
They must disseminate/post the law, provide prevention measures such as anti-sexual harassment seminars and gender sensitivity trainings, create an independent internal mechanism/CODI to investigate complaints, and develop and disseminate a code of conduct/workplace policy setting prohibitions, procedures, and administrative penalties.
They must refrain from committing GBSH, discourage it, and report acts witnessed in the workplace to the employer or agents (report may be anonymous, but not a formal complaint unless made by the victim’s own name); the employer must verify and refer the matter to CODI.
It is an independent internal grievance mechanism that serves as the main body in investigation and resolution of GBSH cases in workplaces and educational/training institutions, ensuring due process and confidentiality to the greatest extent possible.
CODI must be headed by a woman; at least half the members must be women; members must be impartial (no relationship within 4th degree of consanguinity/affinity to parties and no prior sexual harassment respondent/accused record); must decide written complaints within 10 working days or less; and must provide opportunities to respond, with confidentiality and protection from retaliation.
Institutions must designate an officer-in-charge to receive complaints, ensure confidentiality and a gender-sensitive environment, forward complaints to CODI within 48 hours, and adopt/publish grievance procedures within 150 days from effectivity; regardless of whether the victim wants to file, the school should promptly investigate when it has knowledge of possible/pending acts.