Question & AnswerQ&A (IRR of Republic Act No. 11313)
The title is the Implementing Rules and Regulations (IRR) of Republic Act No. 11313, otherwise known as the "Safe Spaces Act".
The purpose is to provide guidelines and mechanisms in the implementation of the Safe Spaces Act to protect individuals from gender-based sexual harassment in streets, public spaces, online, workplaces, and educational or training institutions.
It is the commission of any unwanted and uninvited sexual actions or remarks against any person in streets and public spaces, regardless of motive. Examples include catcalling, wolf-whistling, persistent uninvited comments, public masturbation, lewd acts, stalking, and other similar behaviors.
Employee refers to any person performing services for remuneration regardless of employment term, including informal economy workers. Employer refers to those who exercise control over employees, including heads of government agencies and government-owned corporations.
They must adopt a zero-tolerance policy, install warning signs with hotline numbers, designate anti-sexual harassment officers, provide assistance and safe environments to victims, install CCTVs where possible, and follow protocols for addressing complaints.
First offense: Fine of ₱1,000 and 12 hours community service including attendance at a Gender Sensitivity Seminar; Second offense: arresto menor (6-10 days) or fine of ₱3,000; Third offense: arresto menor (11-30 days) and fine of ₱10,000.
Persons found guilty shall be penalized with prision correccional in its medium period or a fine of ₱100,000 to ₱500,000, or both, at the court's discretion. If a juridical person is involved, its license or franchise is automatically revoked.
CODI serves as an independent internal mechanism in workplaces and educational/training institutions to investigate and resolve GBSH complaints, ensure due process, confidentiality, and protection from retaliation, and conduct gender sensitivity trainings for members.
LGUs are responsible for passing ordinances localizing the law, disseminating information, providing preventive measures, establishing hotlines, coordinating with the DILG, setting up anti-sexual harassment desks, and conducting safety audits every three years.
Qualified acts occur when the offended party is a minor, senior citizen, PWD, breastfeeding mother; when committed by government employees or uniformed personnel in uniform; or in common carriers where the perpetrator is driver. These incur the penalty next higher in degree.