Law Summary
Declaration of Policies
- The State values human dignity and guarantees respect for human rights.
- It recognizes the role of women in nation-building and ensures equality before the law for men and women.
- Equality, security, and safety must be ensured in private and public domains including streets, online platforms, workplaces, and educational or training institutions.
Key Definitions
- Terms such as catcalling, common carriers, cyberstalking, employee, employer, gender, gender-based online sexual harassment, gender identity/expression, homophobic, misogynistic, public spaces, sexist, transphobic remarks, stalking, and ICT are precisely defined.
- This clarifies the scope and forms of gender-based sexual harassment covered under the law.
Gender-Based Sexual Harassment in Streets and Public Spaces
- Covers unwanted sexual actions or remarks including catcalling, persistent comments, public lewd acts, stalking, and derogatory slurs.
- Businesses like restaurants, malls, and entertainment venues must adopt zero tolerance policies including:
- Posting visible warning signs and hotlines
- Designating anti-sexual harassment officers
- Assisting victims and coordinating with authorities
- Installing CCTV where possible and providing safe reporting environments
- Security guards can conduct citizen’s arrest if witnessing sexual harassment in flagrante delicto.
Regulations Regarding Public Utility Vehicles (PUVs)
- LTO and LTFRB can cancel licenses or revoke franchises for perpetrators and operators involved in GBSH.
- GBSH committed by PUV drivers creates a presumption of negligence by the vehicle owner/operator and solidary liability.
Handling Cases Involving Minors
- The DSWD shall handle disciplinary measures and diversion programs for minors committing GBSH including age-appropriate gender sensitivity training.
Duties and Role of Local Government Units (LGUs)
- LGUs must enforce the Safe Spaces Act locally.
- They must pass localized ordinances, disseminate information, provide training and hotlines, and establish referral systems.
- LGUs cooperate with DILG for coordination and must establish anti-sexual harassment desks at the barangay level.
Role of Department of the Interior and Local Government (DILG)
- Ensures LGUs disseminate the law.
- Conducts training and capacity-building for local officials.
- Develops guidelines for smooth implementation and interfaces with existing community justice systems.
Implementing Bodies for Streets and Public Spaces GBSH
- MMDA, PNP units, and Women and Children Protection Desks are authorized to apprehend offenders.
- Enforcers must undergo gender sensitivity training.
- Deputized Anti-Sexual Harassment Enforcers handle complaints and apprehensions.
- LGUs must establish Anti-Sexual Harassment Desks and install CCTVs.
- Support services for victims coordinated through DILG, DSWD, DOH, and PCW.
Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces
- Three tiers of penalties depending on severity and frequency, including fines and imprisonment.
- Penalties escalate from community service and fines to arresto mayor and higher fines for repeated or severe offenses.
Gender-Based Online Sexual Harassment
- Covers use of ICT to inflict psychological distress, privacy invasion, unauthorized sharing of sexual content, impersonation, and false abuse reports.
- The PNP Anti-Cybercrime Group is the primary agency for receiving complaints and apprehending offenders.
- DOJ develops evidence gathering protocols.
- Cybercrime Investigation Center coordinates monitoring and policy recommendations.
- Strict confidentiality and privacy protections for victims are mandated.
Procedures and Penalties for Online Sexual Harassment
- DOJ, PNP, and NBI to develop complaint handling procedures.
- Offenses punishable by imprisonment or fines ranging from P100,000 to P500,000.
- Juridical persons face automatic license revocation.
- Deportation proceedings for alien offenders post sentence.
Qualified Gender-Based Sexual Harassment
- Higher penalties if offense occurs in common carriers, involves minors, senior citizens, PWDs, breastfeeding mothers, perpetrators with mental impairments, uniformed personnel in uniform, or government employees in government premises.
Gender-Based Sexual Harassment in the Workplace
- Defined to include unwelcome sexual advances or conduct affecting employment conditions or creating hostile work environment.
- Applies to all work locations including remote sites.
Employer’s Duties
- Must prevent, deter, or punish GBSH.
- Post copies of the law, conduct seminars, provide training, and establish independent investigative mechanisms (CODI).
- Develop workplace policies reiterating prohibitions and sanctions.
- Non-compliance may lead to administrative sanctions.
Support for Informal Sector Workers
- DOLE to develop guidelines and mechanisms for informal workers and small establishments.
Duties of Employees and Co-Workers
- Must refrain and discourage GBSH.
- Can report witnessed incidents anonymously or formally.
- Employers liable for not acting on reports.
Employer Liability and Independent Actions
- Liable for failure to perform duties or inaction on reports with fines.
- Victims free to pursue separate civil or criminal remedies.
Routine Inspections
- DOLE and CSC to conduct yearly inspections for compliance in private and public sectors respectively.
Gender-Based Sexual Harassment in Educational and Training Institutions
- Schools must designate officers for complaint receipt, ensure confidentiality, provide counseling, and adopt grievance procedures.
- Educational institutions must investigate and take action even without formal complaints if aware of incidents.
- May strip diploma or expel perpetrators found guilty.
Who Can Commit GBSH in Schools
- Includes principals, teachers, coaches, students, or any person with authority or influence.
Duties and Liabilities of School Heads
- Must disseminate the law, provide preventive measures and training, create investigative committees, enforce school policies.
- Liable for failure to perform duties or act on complaints with fines and possible administrative sanctions.
Liability for Student Offenders
- Minor students subject to administrative sanctions per school regulations.
Inspection and Monitoring of Schools
- DepEd, CHED, and TESDA conduct regular inspections and consult student bodies.
Development of Code of Conduct and Committee on Decorum and Investigation (CODI)
- Employers and educational heads must develop codes of conduct defining GBSH, penalties, reporting procedures.
- CODI composed of management, employees, union representatives or school officials and students.
- CODI must be impartial, headed by a woman, with gender-sensitive and timely complaint resolution protocols.
- CODI protects confidentiality and prevents retaliation.
Oversight Mechanism
- A multisectoral oversight body, co-chaired by PCW, DILG, and DICT, with government agencies and CSOs as members.
- Coordinates implementation, monitoring, policy recommendations, and prevention strategies.
- Meets regularly to ensure effective enforcement.
Common Provisions
- Protects rights and confidentiality of victims and accused minors.
- Courts may issue restraining orders before final decisions.
- Victims entitled to psychological counseling with costs borne by perpetrators.
- Administrative sanctions for government employee perpetrators.
- LGUs may enact ordinances imposing heavier penalties.
- Cultural expressions and public breastfeeding exempt from penalties.
Final Provisions
- Designates Women and Children Protection Centers/Desks to coordinate enforcement.
- Educational modules on the law to be developed for all school levels.
- National and localized awareness campaigns led by PCW and DILG.
- LGUs mandated to conduct safety audits every three years with multisector participation.
- Funding to come from government budgets and gender and development allocations.
- Prescriptive periods for filing offenses under the law specified.
- Legal provisions for separability, repeal of conflicting issuances, and effectivity outlined.