Question & AnswerQ&A (LTO ADMINISTRATIVE ORDER NO. 008-2004)
The official 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.
Catcalling refers to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs.
It includes unwanted and uninvited sexual actions or remarks such as catcalling, wolf-whistling, unwanted invitations, persistent uninvited comments on appearance, public masturbation, groping, stalking, and other similar lewd sexual actions.
They must adopt a zero-tolerance policy, install visible warning signs including hotline numbers, designate anti-sexual harassment officers, provide assistance to victims, install functional CCTVs where possible, and develop protocols to address GBSH promptly.
The first offense shall be punished by a fine of One Thousand Pesos (P1,000.00) and community service of twelve hours inclusive of attendance to a Gender Sensitivity Seminar.
Gender-based online sexual harassment includes acts that use information and communications technology to intimidate or harass victims through unwanted sexual remarks, invasion of privacy through cyberstalking, unauthorized sharing of media, impersonation, and false abuse reports.
The Philippine National Police Anti-Cybercrime Group (PNP ACG) is primarily responsible.
The penalty is prision correccional in its medium period or a fine of not less than One Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand Pesos (P500,000.00), or both, at the discretion of the court.
The CODI serves as an independent internal grievance mechanism investigating and resolving cases of GBSH, ensuring due process, confidentiality, protection from retaliation, and rendering decisions within ten working days.
Employers must disseminate copies of the law, conduct anti-sexual harassment seminars and trainings, create a grievance mechanism or CODI, and develop and communicate a code of conduct including procedures and administrative penalties.
The Department of Social Welfare and Development (DSWD) shall take necessary disciplinary measures and implement a diversion program including age-appropriate gender sensitivity training pursuant to the Juvenile Justice and Welfare Act.
LGUs must pass ordinances localizing the law, disseminate information, provide prevention measures, establish hotlines and referral systems, coordinate with national agencies, and set up Anti-Sexual Harassment desks down to the barangay level.
The LTO may cancel the driver's license of perpetrators, and the Land Transportation Franchising and Regulatory Board (LTFRB) may suspend or revoke the franchise of transportation operators involved.
When the act takes place in common carriers or PUVs with the perpetrator as driver, the offended is a minor, senior citizen, PWD, breastfeeding mother, when the offender has mental impairment, is in uniform from uniformed services, or a government employee in a government agency providing frontline services.
Offenses under Section 11(a) shall prescribe in one (1) year.