QuestionsQuestions (IRR of Republic Act No. 11313)
To provide guidelines and mechanisms for the implementation of the Safe Spaces Act.
Catcalling refers to unwanted remarks directed toward a person, commonly done as wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs.
It is an online conduct targeted at a particular person that causes or is likely to cause mental, emotional, or psychological distress and fear of personal safety; it includes unwanted sexual remarks, threats, non-consensual uploading/sharing of photos, video/audio recordings, cyberstalking, and online identity theft.
It covers streets, sidewalks, parks, buildings (including schools/churches/public washrooms), malls, transport terminals, evacuation centers, government offices, common carriers, PUVs, and other areas regardless of ownership that are openly accessible to the public; it also includes private vehicles covered by app-based transport network services.
It is any unwanted and uninvited sexual action or remark against any person; examples include catcalling/wolf-whistling and slurs, persistent uninvited comments/gestures about appearance, relentless requests for personal details, sexual remarks, public masturbation/flashing, lewd advances, persistent sexual jokes/names, and stalking.
Management must adopt a zero-tolerance policy against GBSH in their establishments; it should include prevention measures (e.g., visible warning signs with hotline numbers, designation of anti-sexual harassment officer) and response measures (e.g., coordinate with local police, provide CCTV when possible, assist victims in a safe reporting environment, and create protocols).
When (a) in their presence the person has committed/ is actually committing/ is attempting to commit GBSH; or (b) when GBSH has just been committed and the person has personal knowledge of facts indicating that the arrested person committed it.
In addition to penalties, LTO may cancel the perpetrator’s license and LTFRB may suspend or revoke the franchise; if the perpetrator is the driver, it also constitutes breach of contract of carriage with presumption of negligence on the part of the owner/operator and possible solidary liability for offenses of the employee.
DSWD takes necessary disciplinary measures and diversion programs under R.A. No. 9344 (Juvenile Justice and Welfare Act), as amended; the program should include age-appropriate gender sensitivity training and anti-sexual harassment awareness activities.
LGUs must localize the law via ordinances within 60 days; disseminate/post the law and ordinance; prevent GBSH in educational institutions; discourage GBSH and impose fines; establish hotlines; coordinate with DILG; establish referral systems; provide training (including Katarungang Pambarangay/traffic enforcers); set up ASH desks in barangay/city/municipal halls; and create complaint-handling/documentation mechanisms.
MMDA (Metro Manila), local units of the PNP for provinces, and the Women and Children Protection Desk (WCPD) of the PNP.
Receive complaints on the street; immediately apprehend the perpetrator if caught in flagrante delicto; immediately bring the perpetrator to the nearest PNP station; and keep a ledger to track first-, second-, or third-time offenders, with records forwarded to the PNP Women and Children Protection Center.
Fine of P1,000.00 and community service of 12 hours inclusive of attendance to a Gender Sensitivity Seminar conducted by the PNP in coordination with LGU and PCW; PNP issues certificate of completion.
Prision correccional in its medium period or a fine of not less than P100,000.00 but not more than P500,000.00, or both, at the discretion of the court.
Its license or franchise is automatically deemed revoked; the persons liable are the officers of the juridical person, including editors/reporters for print media and station manager/editor/broadcaster for broadcast media.
Any record/photo/video or copy thereof that violates the preceding sections is not admissible in any judicial, quasi-judicial, legislative, or administrative hearing/investigation; authorized court orders for peace officers may allow use of online records as evidence, subject to written application and sworn examination showing reasonable grounds and essentiality.
They must disseminate/post the law; provide preventive measures (including anti-sexual harassment seminars and related training); create an independent internal mechanism/CODI to investigate complaints; and develop/disseminate a code of conduct or workplace policy reiterating the prohibition, describing complaint procedures, and setting administrative penalties.
They must designate an officer-in-charge accessible for complaints, ensure efficient and confidential handling, assess need for immediate assistance, and forward complaints to the CODI within 48 hours from receipt.
CODI must be independent and composed with specified representatives (management, supervisory rank, rank-and-file, union/employees association for workplaces; administration/trainers/instructors and student/trainees/parents as applicable for schools), and it must be headed by a woman with at least half of its members women.