Core definitions used by the Act
- “Catcalling” refers to unwanted remarks directed towards a person, commonly done as wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs (Section 3(a)).
- “Employee” refers to a person who, for remuneration, agrees to perform specified services for another person, whether private or public, where the other exercises fundamental control over the work; a person detailed to an entity under a subcontracting or secondment agreement is considered an employee for this Act (Section 3(b)).
- “Employer” refers to a person who exercises control over an employee; the employee’s employment status or conditions of engagement are disregarded for purposes of this Act (Section 3(c)).
- “Gender-based online sexual harassment” refers to 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, including 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 3(e)).
- “Gender identity and/or expression” is the personal sense of identity characterized by, among others, manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions, and includes the concept that a person may have a male or female identity with physiological characteristics of the opposite sex and is considered transgender (Section 3(f)).
- “Public spaces” include streets and alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals, public markets, spaces used as evacuation centers, government offices, public utility vehicles, private vehicles covered by app-based transport network services, and other recreational spaces such as cinema halls, theaters, and spas (Section 3(g)).
- “Stalking” refers to repeated visual or physical proximity, non-consensual communication, or a combination that causes or is likely to cause fear for one’s own safety or the safety of others, or emotional distress (Section 3(h)).
- “Gender” refers to socially ascribed characteristics, norms, roles, attitudes, values, and expectations identifying social behavior of men and women and their relations (Section 3(d)).
- A definition of “Gender-based streets and public spaces sexual harassment” is operationalized through the Act’s operative provisions in Sections 4 and 11.
Gender-based sexual harassment in streets
- Section 4 provides that gender-based streets and public spaces sexual harassment is committed through any unwanted and uninvited sexual actions or remarks against any person, regardless of motive.
- The Act specifies that such harassment includes catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures on a person’s appearance, relentless requests for personal details, public sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any unwanted advances that threaten a person’s sense of personal space and physical safety (Section 4).
- Acts constitutive include those performed in public spaces such as alleys, roads, sidewalks, and parks, and also includes acts performed in buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops, public markets, transportation terminals, or public utility vehicles (Section 4).
- Section 11(a) penalizes acts including cursing, wolf-whistling, catcalling, leering, intrusive gazing, taunting, pursing, unwanted invitations, misogynistic/transphobic/homophobic/sexist slurs, persistent unwanted comments on appearance, relentless requests for personal details (name, contact, and social media details or destination), ridicule based on sex/gender/sexual orientation/identity/expression (including sexist, homophobic, and transphobic statements and slurs), persistent telling of sexual jokes, use of sexual names, comments and demands, and any statement that invades personal space or threatens personal safety (Section 11(a)).
- Section 11(b) penalizes acts including offensive body gestures and exposing private parts for sexual gratification with effect of demeaning, harassing, threatening, or intimidating, including flashing, public masturbation, groping, and similar lewd sexual actions (Section 11(b)).
- Section 11(c) penalizes stalking and the Acts in Section 11(a) and 11(b) when accompanied by touching/pinching/brushing against the body of the offended person, or touching/pinching/brushing against specified body parts including genitalia, face, arms, anus, groin, breasts, inner thighs, face, buttocks, or any part of the victim’s body even when not accompanied by the acts in Section 11(a) and 11(b) (Section 11(c)).
Privately owned public-recreation establishments
- Section 5 requires restaurants, bars, cinemas, malls, buildings, and other privately-owned places open to the public to adopt a zero-tolerance policy against gender-based streets and public spaces sexual harassment.
- These establishments must provide assistance to victims by coordinating with local police authorities immediately after reporting, making CCTV footage available when ordered by the court, and providing a safe gender-sensitive environment to encourage reporting at the first instance (Section 5).
- Establishments must install clearly-visible warning signs against gender-based public spaces sexual harassment, including the anti-sexual harassment hotline number in bold letters (Section 5).
- Establishments must designate at least one (1) anti-sexual harassment officer to receive complaints (Section 5).
- Security guards may be deputized to apprehend perpetrators caught in flagrante delicto and must immediately coordinate with local authorities (Section 5).
Public utility vehicle enforcement consequences
- In addition to penalties under the Act, the Land Transportation Office (LTO) may cancel the license of perpetrators found to have committed acts constituting sexual harassment in public utility vehicles (Section 6).
- The Land Transportation Franchising and Regulatory Board (LTFRB) may suspend or revoke the franchise of transportation operators who commit gender-based streets and public spaces sexual harassment acts (Section 6).
- Where the perpetrator in a PUV is the driver, the act constitutes a breach of contract of carriage for purposes of creating a presumption of negligence on the part of the owner or operator in selection and supervision, making the owner or operator solidarily liable for the offenses of the employee (Section 6).
Minors and local government enforcement
- If the offense is committed by a minor, DSWD must take necessary disciplinary measures under Republic Act No. 9344, the “Juvenile Justice and Welfare Act of 2006” (Section 7).
- LGUs bear primary responsibility for enforcing Article I and must: localize applicability through an ordinance within 60 days of effectivity, disseminate or post the Act and corresponding ordinance in conspicuous places, provide prevention measures in educational institutions, discourage and impose fines on acts defined in the Act, create an anti-sexual harassment hotline, and coordinate with DILG (Section 8).
- DILG must ensure full implementation by inspecting LGUs’ dissemination/posting, conducting and disseminating surveys and studies on best practices, and providing capacity-building and training activities in coordination with PCW, LGA, and DAP (Section 9).
- For street/public spaces enforcement, MMDA, local units of the PNP for other provinces, and the Women and Children’s Protection Desk (WCPD) of the PNP have authority to apprehend perpetrators and enforce the law, provided they have undergone prior Gender Sensitivity Training (GST) (Section 10).
- MMDA and local PNP units shall deputize their enforcers as Anti-Sexual Harassment Enforcers (ASHE) to receive complaints and immediately apprehend perpetrators caught in flagrante delicto; perpetrators must be brought to the nearest PNP station to face charges (Section 10).
- ASHE units and Women and Children’s Desk units must keep a ledger to determine first-time, second-time, or third-time offenders (Section 10).
- DILG must ensure local bodies expedite receipt and processing of complaints by setting up an Anti-Sexual Harassment Desk in all barangay and city halls and ensure setup of CCTVs in major roads, alleys, and sidewalks within their areas to aid filing and evidence gathering (Section 10).
- DILG, DSWD (in coordination with DOH and PCW) must coordinate, if necessary, to ensure victims receive proper psychological counseling support services (Section 10).
Specific street harassment penalties
- Section 11(a) penalties apply to cursing, wolf-whistling, catcalling, leering/intrusive gazing, taunting/pursuing, unwanted invitations, misogynistic/transphobic/homophobic/sexist slurs, persistent unwanted appearance comments, relentless requests for personal details, sexual jokes/sexual names, and statements invading personal space or threatening personal safety:
- First offense: PHP 1,000.00 fine and 12 hours community service inclusive of attendance to a Gender Sensitivity Seminar conducted by the PNP in coordination with the LGU and the PCW.
- Second offense: arresto menor (6 to 10 days) or PHP 3,000.00 fine.
- Third offense: arresto menor (11 to 30 days) and PHP 10,000.00 fine.
- Section 11(b) penalties apply to offensive body gestures and exposing private parts for sexual gratification with demeaning/harassing/threatening/intimidating effect, including flashing, public masturbation, groping, and similar lewd sexual actions:
- First offense: PHP 10,000.00 fine and 12 hours community service inclusive of attendance to a Gender Sensitivity Seminar conducted by PNP in coordination with LGU and PCW.
- Second offense: arresto menor (11 to 30 days) or PHP 15,000.00 fine.
- Third offense: arresto mayor (1 month and 1 day to 6 months) and PHP 20,000.00 fine.
- Section 11(c) penalties apply to stalking and Acts in Section 11(a) and 11(b) when accompanied by touching/pinching/brushing against the body or specified body parts even without accompaniment of the acts in Section 11(a) and 11(b):
- First offense: arresto menor (11 to 30 days) or PHP 30,000.00, provided it includes attendance in a Gender Sensitivity Seminar conducted by PNP in coordination with LGU and PCW.
- Second offense: arresto mayor (1 month and 1 day to 6 months) or PHP 50,000.00.
- Third offense: arresto mayor in its maximum period or PHP 100,000.00 fine.
- All offenses under Section 11 are determined by offense occurrence tiers (first-time, second-time, third-time) using the ledger described in Section 10.
Gender-based online sexual harassment rules
- Section 12 defines gender-based online sexual harassment as online acts using information and communications technology to terrorize and intimidate through physical/psychological/emotional threats, unwanted sexual misogynistic/transphobic/homophobic/sexist remarks and comments (public or private messages), invasion of privacy through cyberstalking and incessant messaging, uploading/sharing without consent, sexual photo/voice/video content, unauthorized recording and sharing of victims’ photos/videos/information online, impersonation of victims, posting lies to harm reputation, or filing false abuse reports to online platforms to silence victims.
- For online enforcement, PNP Anti-Cybercrime Group (PNPACG) is primarily responsible to receive complaints, develop an online reporting mechanism for real-time acts, and apprehend perpetrators (Section 13).
- Cybercrime Investigation and Coordinating Center (CICC) of DICT must coordinate with PNPACG to prepare effective measures to monitor and penalize gender-based online sexual harassment (Section 13).
- Section 14 imposes prision correctional 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 court’s discretion.
- If the perpetrator is a juridical person, its license or franchise is automatically deemed revoked, and the liable persons are its officers, including the editor or reporter in print media and the station manager, editor, and broadcaster in broadcast media (Section 14).
- An alien who commits gender-based online sexual harassment is subject to deportation proceedings after serving sentence and payment of fines (Section 14).
- Courts may authorize a written order for any peace officer to use online records or copies as evidence in any civil, criminal investigation, or trial, but only upon written application and examination under oath/affirmation showing reasonable grounds that the act has been committed or is about to be committed and that evidence is essential for conviction, solution, or prevention (Section 14).
- Any record/photo/video or copy thereof of any person that violates the preceding sections is not admissible in evidence in any judicial, quasi-judicial, legislative, or administrative hearing or investigation (Section 14).
Qualified offenses: penalty next higher
- Section 15 provides that the penalty next higher in degree applies when any qualified circumstance exists:
- The act takes place in a common carrier or PUV (including jeepneys, taxis, tricycles, or app-based transport network vehicle services) where the perpetrator is the driver and the offended party is a passenger (Section 15(a)).
- The offended party is a minor, senior citizen, person with disability (PWD), or a breastfeeding mother nursing her child (Section 15(b)).
- The offended party is diagnosed with a mental problem tending to impair consent (Section 15(c)).
- The perpetrator is a member of the uniformed services (including PNP and the AFP) and the act is perpetrated while the perpetrator is in uniform (Section 15(d)).
- 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 15(e)).
Workplace harassment obligations and penalties
- Section 16 defines gender-based sexual harassment in the workplace as acts involving unwelcome sexual advances, requests or demands for sexual favors, or acts of sexual nature (verbal, physical, or via technology like text messaging/e-mail or other information and communication systems) that have or could have a detrimental effect on conditions of employment or education, job performance, or opportunities; and as conduct of sexual nature and other conduct-based on sex affecting dignity that is unwelcome, unreasonable, and offensive; and as unwelcome pervasive conduct creating an intimidating, hostile, or humiliating environment (Section 16).
- The Act expressly covers workplace harassment between peers and when committed by a superior officer by a subordinate, by a teacher by a student, or by a trainer by a trainee (Section 16(c)).
- Section 17 imposes duties on employers or persons of authority, influence, or moral ascendancy to prevent, deter, or punish workplace gender-based sexual harassment; they must disseminate/post a copy of the Act in the workplace, provide measures such as anti-sexual harassment seminars, create an independent internal mechanism/committee on decorum and investigation, provide a code of conduct/workplace policy with prohibited acts, internal procedures, and administrative penalties (Section 17).
- The internal committee must: represent management, supervisory rank, rank-and-file employees, and the union if any; designate a woman as head and require not less than half of its members to be women; ensure impartiality and lack of connection/relationship to the alleged perpetrator; decide/investigate complaints within 10 days upon receipt; observe due process; protect complainants from retaliation; and guarantee confidentiality to the greatest extent possible (Section 17(c)).
- Section 18 requires employees and co-workers to refrain from acts, discourage harassment, provide emotional/social support to victims, and report acts witnessed in the workplace.
- Section 19 provides employer liability for non-implementation of Section 17 duties or failure to act on reported harassment; penalties are:
- For violation of Section 19(a): fine of not less than PHP 5,000.00 nor more than PHP 10,000.00.
- For violation of Section 19(b): fine of not less than PHP 10,000.00 nor more than PHP 15,000.00.
- Routine inspections are required: DOLE for private sector and CSC for public sector must conduct yearly spontaneous inspections to ensure compliance (Section 20).
Educational and training institution requirements
- Section 21 requires all schools (public or private) to designate an officer-in-charge to receive complaints and ensure a gender-sensitive environment conducive to truth-telling.
- Schools must adopt and publish grievance procedures to facilitate complaints by students and faculty; even without filing or a request to act, schools must promptly investigate when they have knowledge or reasonably know of a possible or impending act and must take immediate action to eliminate hostile-environment acts, prevent recurrence, and address effects (Section 21).
- Once a perpetrator is found guilty, the educational institution may reserve the right to strip the diploma from the perpetrator or issue an expulsion order (Section 21).
- CODI of educational institutions must address gender-based sexual harassment and online sexual harassment following CODI manual rules and procedures (Section 21).
- Section 22 imposes duties on school heads: post/disseminate a copy of the Act, implement prevention measures like information campaigns, create an independent internal mechanism or CODI with specified composition and safeguards, investigate and decide within 10 days, observe due process, protect complainants from retaliation, and guarantee confidentiality; and provide/disseminate a code of conduct/school policy reiterating the prohibition, prescribing internal procedures, and setting administrative penalties (Section 22).
- The CODI must adequately represent administration, trainers/instructors/professors/coaches and students/trainees and students and parents as applicable; designate a woman as head and require not less than half women; ensure equal representation of persons of diverse sexual orientation, identity, and/or expression as far as practicable; and require impartial members not connected/related to the alleged perpetrator (Section 22(c)).
- Section 23 provides liability of school heads and other authority holders for non-implementation of duties under Section 22 or failure to act on reported harassment; penalties are:
- Section 23(a) violation: fine of not less than PHP 5,000.00 nor more than PHP 10,000.00.
- Section 23(b) violation: fine of not less than PHP 10,000.00 nor more than PHP 15,000.00.
- Section 24 limits liability of minor students found to have committed acts of gender-based sexual harassment to administrative sanctions by the school as stated in their school handbook.
- Routine inspections are required: DepEd, CHED, and TESDA must conduct regular spontaneous inspections to ensure school heads’ compliance (Section 25).
Common protective measures and proceedings
- Section 26 provides that at any stage of investigation, prosecution, and trial, the rights of the victim and the accused who is a minor must be recognized.
- Section 27 authorizes the court, where appropriate and even before final decision, to issue a restraining order directing the perpetrator to stay away from the offended person at a distance specified by the court, or to stay away from the offended person’s residence, school, place of employment, or any specified place frequented by the offended person.
- Section 28 provides that victims may avail of remedies under law and psychological counseling services with the aid of LGU and DSWD in coordination with DOH and PCW, and that any fees charged for remedies or counseling services must be borne by the perpetrator.
- Section 29 states that penalties in the Act are without prejudice to administrative sanctions that may be imposed if the perpetrator is a government employee.
- Section 30 allows LGUs to enact ordinances imposing heavier penalties for the acts specified in the Act.
- Section 31 exempts acts that are legitimate expressions of indigenous culture and tradition and breastfeeding in public from penalization.
PNP desks, awareness campaigns, and audits
- Section 32 provides that women and children’s desks existing in all police stations must act on and attend to complaints covered under the Act and coordinate with ASHE officers on the street, security guards in privately-owned spaces open to the public, and anti-sexual harassment officers in government and private offices or schools.
- Section 33 requires PCW to lead a national awareness campaign, working with DILG, duly accredited women’s groups, and DICT for online reach; campaign materials include posters condemning forms of gender-based sexual harassment, informing the public of penalties, and infographics of hotline numbers.
- Schools must educate students from elementary to tertiary about the Act and how to report cases of gender-based streets, public spaces, and online harassment; school courses must include age-appropriate educational modules developed by DepEd, CHED, TESDA, and PCW (Section 33).
- Section 34 requires LGUs to conduct safety audits every 3 years to assess the efficiency and effectivity of implementation within their jurisdiction; audits must be multisectoral and participatory with consultations with schools, police officers, and civil society organizations.
- Section 35 provides funding mechanisms: necessary amounts must be indicated under the annual General Appropriations Act (GAA); national and local agencies may use their mandatory Gender and Development (GAD) budget under Republic Act No. 9710, and LGUs may use their mandatory twenty percent (20%) allocation of annual internal revenue allotments under Section 287 of Republic Act No. 7160 for local development projects.
Prescription periods and oversight/IRR
- Section 36 sets prescription periods for actions arising from violations:
- Offenses under Section 11(a) prescribe in 1 year.
- Offenses under Section 11(b) prescribe in 3 years.
- Offenses under Section 11(c) prescribe in 10 years.
- Offenses under Section 12 are imprescriptible.
- Offenses under Sections 16 and 21 prescribe in 5 years.
- Section 37 creates a Joint Congressional Oversight Committee composed of 5 Senators and 5 Representatives, appointed by the Senate President and the Speaker of the House of Representatives, respectively; it is co-chaired by the chairpersons of specified Senate and House women and gender equality committees.
- Section 38 mandates the formulation of Implementing Rules and Regulations (IRR) within 90 days from effectivity by PCW as lead agency, in coordination with DILG, DSWD, PNP, Commission on Human Rights (CHR), DOH, DOLE, DepEd, CHED, DICT, TESDA, MMDA, LTO, and at least three (3) women's organizations active on gender-based violence issues.
- Section 39 provides separability: invalid or unconstitutional parts do not affect the remaining provisions.
- Section 40 provides a repealing clause: laws, presidential decrees, issuances, executive orders, letters of instruction, administrative orders, rules, or regulations inconsistent with the Act are repealed, modified, or amended accordingly.
How the Act became effective
- The Act was approved on April 17, 2019 and is effective 15 days after publication in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines (Section 41).
- The Act consolidated Senate Bill No. 1558 and House Bill No. 8794 and was passed by the Senate and House on February 6, 2019.