Implementation Rules of Safe Spaces Act

Core definitions for enforcement

Catcalling refers to unwanted remarks directed towards a person, commonly done in wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs. Section 4(a).
Common carriers refer to persons, corporations, firms or associations engaged in carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public. Section 4(b).
Cyberstalking is a form of stalking committed through an electronic medium where online communication takes place. Section 4(c).
Employee refers to a person who performs specified services for another in exchange for remuneration, including employees in the informal economy, where fundamental control is exercised regardless of the agreement’s term or duration; a person detailed to an entity under a subcontracting or secondment agreement is considered an employee for purposes of the law and these rules. Section 4(d).
Employer refers to a person who exercises control over an employee, disregarding the status or conditions of employment or engagement; in the public sector, it refers to the head of government agencies and related instrumentalities exercising control. Section 4(e).
Gender means socially ascribed characteristics, norms, roles, attitudes, values, and expectations identifying social behavior of men and women and the relations between them. Section 4(f).
Gender-based online sexual harassment is an online conduct targeted at a particular person that causes or likely causes mental, emotional, or psychological distress and fear of personal safety, including gender-based sexual harassment acts such as unwanted sexual remarks and comments, threats, uploading or sharing photos without consent, video and audio recordings, cyberstalking, and online identity theft. Section 4(g).
Gender identity and/or expression covers a person’s personal sense of identity, including where gender identity does not correspond to sex assigned at birth or primary/secondary sex characteristics; this covers a person considered transgender. Section 4(h).
Homophobic remarks or slurs are statements indicative of hatred, aversion, or prejudice towards persons who are perceived to be or actually identify as lesbian, gay, bisexual, queer, pansexual and similar persons of diverse sexual orientation, gender identity, or expression. Section 4(i).
Information and communication system covers systems for generating, sending, receiving, storing, or processing electronic data messages or electronic documents, including computer systems or similar devices by or in which data are recorded or stored, and procedures related to recording or storage. Section 4(j).
Information and communications technology or ICT means the totality of electronic means to access, create, collect, store, process, receive, transmit, present, and disseminate information. Section 4(k).
Misogynistic remarks or slurs are statements indicative of hatred of women or belief that men are inherently better than women. Section 4(l).
Public spaces include a broad list of places openly accessible or offered to the public, including streets and alleys, roads, sidewalks, parks, buildings and institutions, public washrooms, malls, internet shows, restaurants and cafes, transportation terminals, public markets, evacuation centers, government offices, common carriers, PUVs, private vehicles under app-based transport network services, and recreational spaces regardless of ownership. Section 4(m).
Sexist remarks or slurs are statements indicative of prejudice, stereotyping, or discrimination based on sex, typically against women. Section 4(n).
Transphobic remarks or slurs are statements indicative of fear, hatred, or aversion towards persons whose gender identity and/or expression do not conform with sex assigned at birth. Section 4(o).
Stalking is conduct directed at a person involving repeated visual or physical proximity, non-consensual communication, or a combination that causes or is likely to cause fear for safety of oneself or others, or emotional distress. Section 4(p).

Gender-based streets and public spaces harassment

Gender-based streets and public spaces sexual harassment includes any unwanted and uninvited sexual actions or remarks against any person regardless of motive. Section 5.
The listed examples include catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs. Section 5(a).
Other included examples include persistent uninvited comments or gestures on appearance and relentless requests for personal details. Section 5(b)–(c).
The listed examples include statement of sexual comments and suggestions. Section 5(d).
The listed examples include public masturbation or flashing of private parts, groping, offensive body gestures, and similar lewd sexual actions. Section 5(e).
The listed examples include unwanted verbal or physical advances that threaten personal space and physical safety, including cursing, leering, intrusive gazing, and taunting. Section 5(f).
The listed examples include persistent telling of sexual jokes and use of sexual names. Section 5(g).
The listed examples include stalking. Section 5(h).

Private public places: zero tolerance duties

The management of restaurants, cafes, bars, clubs, resorts and water parks, hotels and casinos, cinemas, malls, buildings, and other privately owned places open to the public must adopt a policy of zero tolerance against gender-based streets and public spaces sexual harassment. Section 6.
The zero-tolerance policy applies to all persons within the establishment’s area or vicinity. Section 6.
The prevention measures must include clearly visible warning signs in bold letters, readable and in a language understandable to customers, placed conspicuously, including anti-sexual harassment hotline number(s) which may include the nearest police station. Section 6(a)(1).
The prevention measures must include designation of at least one (1) anti-sexual harassment officer to receive complaints, who must be competent and knowledgeable on gender-based sexual harassment and the assistance to be provided to victims. Section 6(a)(2).
The response measures must include immediate coordination with local police authorities after a report, including accompanying the victim to police authorities where necessary. Section 6(b)(1).
The response measures must include installation of functional CCTV cameras where required and/or whenever possible, and making CCTV footage available to victims as part of the assistance package to the extent possible. Section 6(b)(2).
CCTV footage must be made available when ordered by the court, without prejudice to establishments making CCTV accessible even without a court order. Section 6(b)(3).
The response measures must include providing a safe gender-sensitive environment to encourage reporting, including a secure and private area for narration, and whenever possible, an online reporting platform. Section 6(b)(4).
The response measures must include developing protocols to speedily and effectively address reports or complaints, which may be made immediately in person or online to management. Section 6(b)(5).
When gender-based sexual harassment happens, a security guard or any person who witnessed the crime may conduct a citizen’s arrest and apprehend the perpetrator in accordance with the law. Section 6.
Security guards in these places may be deputized to apprehend perpetrators caught in flagrante delicto and must immediately coordinate with local authorities, and the PNP shall issue guidelines on deputization. Section 6.
Citizen’s arrest is allowed when: (a) in the presence of the private person, the person to be arrested has committed, is actually committing, or is attempting to commit gender-based sexual harassment; and (b) when gender-based sexual harassment has just been committed and the private person has personal knowledge of facts indicating the person to be arrested committed it. Section 6.
Awareness of the law must form part of trainings for security agencies and security guards before license renewal. Section 6.

Public utility vehicles and minors involved

For gender-based sexual harassment in public utility vehicles (PUVs), the LTO may cancel the perpetrators’ license, and the LTFRB may suspend or revoke the franchise of transportation operators who commit the acts. Section 7.
If the perpetrator in a PUV is the driver, the act constitutes a breach of contract of carriage, creating a presumption of negligence on the part of the owner or operator in selection and supervision, and the owner or operator is solidarily liable for the offenses of the employee. Section 7.
In cases involving PUVs, the LTO or LTFRB may suspend or revoke the use of the driver’s license after finding of substantial evidence, subject to LTO administrative procedure on suspension or revocation. Section 7.
When a case is filed in the appropriate court and guilt is found, the court may order cancellation of the perpetrator’s license or revocation or suspension of the franchise, and the LTO or LTFRB shall order such cancellation, suspension, or revocation. Section 7.
If the court decision does not include such order, the LTO and LTFRB may, after filing an administrative case and a hearing, order cancellation, suspension, or revocation, and the court decision may be used as evidence presented by the complainant. Section 7.
If the offense in streets and public spaces is committed by a minor, the DSWD must take necessary disciplinary measures and diversion program under R.A. No. 9344 (Juvenile Justice and Welfare Act of 2006). Section 8.
The diversion program must include age-appropriate gender sensitivity training and anti-sexual harassment awareness activities. Section 8.
The rules and regulations implementing R.A. No. 9344, as amended by R.A. No. 10630, govern when the offense is committed by a minor. Section 8.

Local enforcement: LGUs, DILG, and ASH desks

LGUs bear primary responsibility for enforcing Article I (Gender-Based Streets and Public Spaces Sexual Harassment) of R.A. No. 11313. Section 9.
LGUs must pass an ordinance localizing applicability within sixty (60) days from the law’s effectivity, addressing local circumstances. Section 9(a).
Local ordinances must, to the extent possible, include measures preventing GBSH such as gender sensitivity training (GST), orientation on the law, creation of offices and appointment of responsible persons, including handling under the Katarungang Pambarangay system. Section 9(a).
LGUs must ensure local ordinances create efficient response measures including clear reporting/responding protocols and programs for victims and perpetrators. Section 9(a).
Local ordinances must ensure mechanisms, people, and budget to effectively respond to GBSH. Section 9(a).
LGU ordinance passage is not a prerequisite for LGU implementation of the law, and pending proceedings to adopt the ordinance does not bar LGUs from implementing the law. Section 9(a).
LGUs must disseminate or post in conspicuous places a copy of the law and the corresponding ordinance, and may use IEC materials in local languages. Section 9(b).
LGUs must provide measures to prevent GBSH in educational institutions through information campaigns and anti-sexual harassment seminars. Section 9(c).
LGUs must discourage GBSH and impose fines on acts defined in the law. Section 9(d).
LGUs must establish an anti-sexual harassment hotline. Section 9(e).
Hotline personnel must be knowledgeable on GBSH and the LGU assistance available, and the hotline must at least receive and record reports/complaints and act as a referral mechanism for complainants. Section 9(e)(1)–(2).
LGUs must coordinate with the DILG on implementation. Section 9(f).
LGUs must establish a referral system for complainants in streets and public spaces, potentially as part of an existing referral system for other gender-based violence complaints. Section 9(g).
LGUs must train the Punong Barangay and Lupong Tagapamayapa members for Katarungang Pambarangay-covered cases, train traffic enforcers under their jurisdiction, and adopt training modules for concerned LGU personnel down to the barangay level. Section 9(h).
LGUs must set up Anti-Sexual Harassment (ASH) desks in all barangay, city and municipal halls, preferably staffed by a woman; VAW desks may serve as ASH desks and must be strengthened following DILG guidelines. Section 9(i).
LGUs must create a mechanism for handling and documentation of complaints, including Katarungang Pambarangay cases. Section 9(j).
The DILG must ensure full implementation by: inspecting dissemination/posting compliance; conducting and disseminating surveys and studies on best practices; providing capacity-building and training in coordination with PCW, LGA, and DAP; and assisting LGUs in localizing applicability through guidelines and mechanisms including Katarungang Pambarangay interface and VAW desk strengthening. Section 10.

Street enforcement: MMDA, PNP, WCPD, and ASHE

The MMDA, local units of the PNP for provinces, and the Women and Children Protection Desk (WCPD) of the PNP may apprehend perpetrators and enforce the law for gender-based sexual harassment in streets and public spaces. Section 11(a).
The PNP and MMDA must ensure their Anti-Sexual Harassment Enforcers (ASHE) undergo gender sensitivity training (GST) covering topics including gender, sexual orientation, gender identity, gender expression, discrimination manifestations including sexual harassment, and solutions to minimize or eliminate discrimination. Section 11(a).
LGUs may designate their traffic enforcers to respond to gender-based sexual harassment committed in streets, and such enforcers must undergo the same GST. Section 11(a).
In special economic zones, zone police must apprehend perpetrators, and administrators must ensure zone police undergo GST. Section 11(a).
The authority of MMDA, local PNP units, WCPD, and local traffic enforcers is suppletory to existing law enforcement, apprehension, and arrest authorities. Section 11(a).
The MMDA and the PNP must deputize their enforcers to be ASHE, and ASHE must: receive street complaints; immediately apprehend perpetrators caught in flagrante delicto; immediately bring perpetrators to the nearest PNP station; and keep a ledger of perpetrators to determine first-time/second-time/third-time status, with records forwarded by women’s and children’s desks to the Women and Children Protection Center (PNP WCPC). Section 11(b)(1)–(4).
The DILG must set up an Anti-Sexual harassment Desk in all barangays and in municipal and city halls, and ensure CCTVs on major roads, alleys, and sidewalks to aid filing of cases and gathering evidence; every city and municipality must set up an ASH desk and assign a person-in-charge. Section 11(c).
If necessary, the DILG and DSWD, in coordination with DOH and PCW, must coordinate to ensure victims access proper psychological counseling support and other services in consonance with R.A. No. 11036; LGUs may tap other service providers. Section 11(d).

Street/public spaces penalties by act and repetition

Offenses under Section 12 apply to acts described under the law for streets and public spaces harassment, with escalating penalties by offense number. Section 12.
For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, unwanted invitations, misogynistic/transphobic/homophobic/sexist slurs, persistent unwanted appearance comments, relentless requests for personal details (including name, contact, social media details or destination), ridicule-based words/gestures/actions, and persistent sexual jokes/sexual names/comments that invade personal space or threaten personal safety:
- First offense: PHP 1,000.00 fine and 12 hours community service including attendance to a Gender Sensitivity Seminar conducted by the PNP in coordination with LGU and PCW; PNP issues certificate of completion. Section 12(a)(1).
- Second offense: arresto menor (6 to 10 days) or PHP 3,000.00 fine. Section 12(a)(2).
- Third offense: arresto menor (11 to 30 days) and PHP 10,000.00 fine. Section 12(a)(3).
For acts such as making offensive body gestures, exposing private parts for sexual gratification with effect of demeaning/harassing/threatening/intimidating, including flashing, public masturbation, groping, and similar lewd sexual actions:
- First offense: PHP 10,000.00 fine and 12 hours community service including attendance to Gender Sensitivity Seminar conducted by the PNP in coordination with LGU and PCW; PNP issues certificate of completion. Section 12(b)(1).
- Second offense: arresto menor (11 to 30 days) or PHP 15,000.00 fine. Section 12(b)(2).
- Third offense: arresto mayor (1 month and 1 day to 6 months) and PHP 20,000.00 fine. Section 12(b)(3).
For stalking, and for acts in Section 12(a) and Section 12(b) when accompanied by touching/pinching/brushing against the body of the offender’s target, or touching/pinching/brushing against the genitalia, face, arms, anus, groin, breast, inner thighs, face, buttocks, or any part of the victim’s body even when not accompanied by the acts in Section 12(a) and Section 12(b):
- First offense: arresto menor (11 to 30 days) or PHP 30,000.00 fine, with community service including attendance to a Gender Sensitivity Seminar conducted by the PNP in coordination with LGU and PCW; PNP issues certificate. Section 12(c)(1).
- Second offense: arresto mayor (1 month and 1 day to 6 months) or PHP 50,000.00 fine. Section 12(c)(2).
- Third offense: arresto mayor in its maximum period or PHP 100,000.00 fine. Section 12(c)(3).

Gender-based online sexual harassment: acts and enforcement

Gender-based online sexual harassment is committed through acts using information and communications technology to terrorize and intimidate victims through: threats (physical/psychological/emotional) and unwanted sexual misogynistic/transphobic/homophobic/sexist remarks or comments (public or via direct/private messages); invasion of privacy through cyberstalking and incessant messaging; uploading and sharing without consent sexual photos/voice/video; unauthorized recording and sharing of photos/videos/information online; impersonating victims online or posting lies to harm reputation; and filing false abuse reports to online platforms to silence victims. Section 13(a)–(f).
The PNP Anti-Cybercrime Group (PNP ACG) is the national operational support unit primarily responsible for receiving complaints, developing an online mechanism for real-time reporting, and apprehending perpetrators for gender-based online sexual harassment. Section 14.
The DOJ leads in developing protocols and standards for gathering evidence and case build-up. Section 14.
The Cybercrime Investigation and Coordinating Center (CICC) of the DICT coordinates with the PNP ACG, NTC, NPC, and other relevant agencies to prepare measures to monitor and penalize gender-based online sexual harassment, including: a monitoring and evaluation system with a database for gender-based online sexual harassment and tools/process to assess effective implementation; and recommendations of policies/issuances/measures based on monitoring and evaluation results. Section 14(a)–(b).
The CICC may submit reports to the Oversight Body when necessary. Section 14.
Agencies receiving complaints and implementing penalties must ensure confidentiality, privacy, and security of the victim at all times. Section 14.
The DOJ, PNP, and NBI must develop procedures and protocols for receiving complaints and addressing gender-based online sexual harassment, including preliminary measures to immediately address reports, within one hundred fifty (150) days from the effectivity of these rules. Section 15.
Penalty for any person found guilty of gender-based online sexual harassment is prision correccional in its medium period or a fine of not less than PHP 100,000.00 but not more than PHP 500,000.00, or both, at the discretion of the court. Section 16.
If the perpetrator is a juridical person, its license or franchise is automatically deemed revoked, and the persons liable are its officers, including the editor or reporter in print media, and the station manager, editor, and broadcaster in broadcast media. Section 16.
An alien convicted must undergo deportation proceedings after serving sentence and payment of fines. Section 16.
An exemption is allowed only through authorized written court orders permitting any peace officer to use online records or copies as evidence in civil, criminal investigation, or trial, granted only upon written application, oath examination of the applicant and witnesses, and showing of reasonable grounds that gender-based online sexual harassment has been committed or is about to be committed and that the evidence sought is essential to conviction or solution/prevention. Section 16.
Any record, photo, video, or copy thereof of a person that violates the preceding prohibitions is not admissible in evidence in any judicial, quasi-judicial, legislative, or administrative hearing or investigation. Section 16.

Qualified and aggravated circumstances

A penalty next higher in degree applies when: the act takes place in a common carrier or PUV where the perpetrator is the driver and the offended party is a passenger; or the offended party is a minor, senior citizen, or a person with disability (PWD), or a breastfeeding mother nursing her child. Section 17(a)–(b).
A penalty next higher in degree applies when the offender party is diagnosed with a mental condition tending to impair consent. Section 17(c).
A penalty next higher in degree applies when the perpetrator is a member of the uniformed services (PNP or AFP) and the act is perpetrated while in uniform, with AFP reserve unit members treated as uniformed services only when undergoing active duty training or mobilized upon order of the President. Section 17(d).
A penalty next higher in degree applies when the act takes place in the premises of a government agency offering frontline services to the public and the perpetrator is a government employee. Section 17(e).

Workplace sexual harassment rules and duties

Workplace gender-based sexual harassment includes: unwelcome sexual advances, requests or demands for sexual favors, or sexual acts done verbally, physically, or through technology (text messaging, electronic mail, or other ICT) that have or could have a detrimental effect on employment or education conditions, job performance, or opportunities. Section 18(a).
Workplace gender-based sexual harassment includes unwelcome, unreasonable, and offensive conduct based on sex affecting dignity, whether verbal, physical, or through technology. Section 18(b).
Workplace gender-based sexual harassment includes unwelcome and pervasive conduct creating an intimidating, hostile, or humiliating environment. Section 18(c).
Workplace harassment may occur between peers and by a subordinate to a superior officer. Section 18.
“Workplaces” include all sites, locations, and spaces where work is being undertaken by an employee within or outside the employer’s premises of usual place of business. Section 18.
Employers or persons of authority, influence, or moral ascendancy in the workplace must prevent, deter, or punish workplace gender-based sexual harassment, including by disseminating or posting a copy of the law in a conspicuous place in the workplace. Section 19(a).
Dissemination in the workplace may be done by official notices to workplace heads, posting online or on the official website, or conducting orientations and providing copies and information materials such as primers and FAQs. Section 19(a)(1)–(3).
Employers must ensure copies are posted in areas easily visible to employees, especially where they congregate. Section 19(a).
Employers must provide measures to prevent workplace gender-based sexual harassment, including anti-sexual harassment seminars for all employees regardless of rank and status. Section 19(b).
Employers may conduct additional trainings on gender sensitivity and gender-based violence, which must be part of staff development and basic knowledge of employees. Section 19(b).
Employers must create an independent internal mechanism or CODI to investigate and address complaints, carrying out functions under Section 17(c) of the law and further outlined in Section 33 of these rules. Section 19(c).
Employers must develop and disseminate, in consultation with persons in the workplace including employees or their representatives and the union if any, a code of conduct or workplace policy that reiterates prohibition, describes CODI/internal procedure for complaints, and sets administrative penalties. Section 19(d).
Non-compliance in the public sector permits an employee to file an administrative complaint with the Civil Service Commission (CSC). Section 19.
For presidential appointees, elective officials, or AFP officials, an administrative complaint may be filed with appropriate offices such as the Office of the President or the Office of the Ombudsman. Section 19.
Employers’ duty compliance forms part of DOLE’s enforcement function, and non-compliance must be reported to DOLE for inspection and required compliance under existing rules. Section 19.
If workplace harassment is committed by a person other than those enumerated in Section 19, the employer must ensure assistance to the employee as mandated in the company policies, supervised by the CODI and/or Human Resources. Section 19.
Within sixty (60) days from effectivity of these rules, DOLE must develop guidelines on mechanisms and interventions, including redress mechanisms, for workers covered by R.A. No. 10361 (Kasambahay Law), those employed in the informal economy, and those in establishments with ten or fewer employees, in coordination with concerned agencies. Section 20.
Employees and co-workers must refrain from committing gender-based sexual harassment, discourage its conduct, and report acts witnessed in the workplace