Declaration of Policies
- Upholds dignity and human rights of all persons.
- Ensures gender equality and security in various environments including public spaces, work, school, and online.
Definitions
- Catcalling: Unwanted remarks including wolf-whistling and sexist slurs.
- Employee/Employer: Defined broadly including subcontracting and secondment agreements.
- Gender: Socially ascribed behaviors and roles.
- Gender-based online sexual harassment: Online acts causing mental or emotional distress, including cyberstalking and unauthorized sharing of photos.
- Gender identity/expression: Personal identity related to masculine/feminine norms, including transgender.
- Public spaces: Wide range including streets, malls, public transport, recreational areas.
- Stalking: Repeated unwanted proximity or communication causing fear or distress.
Gender-Based Sexual Harassment in Streets and Public Spaces
- Includes any unwanted sexual acts or remarks threatening personal safety.
- Encompasses verbal and physical acts like catcalling, flashing, groping in diverse public areas.
Duties of Establishments Open to the Public
- Zero-tolerance policy on gender-based sexual harassment.
- Must assist victims, coordinate with police, display warning signs, provide hotlines.
- Appoint anti-sexual harassment officers; security guards can act to apprehend offenders.
Sexual Harassment in Public Utility Vehicles
- LTO can cancel driver licenses; LTFRB can suspend/revoke operator franchises.
- Drivers committing acts may create presumption of negligence for operators.
Offenses by Minors
- Subject to disciplinary measures under Juvenile Justice and Welfare Act.
Duties of Local Government Units (LGUs)
- Must localize the Act through ordinances and public dissemination.
- Implement prevention campaigns and establish hotlines.
- Coordinate with DILG for enforcement.
Role of the Department of the Interior and Local Government (DILG)
- Inspect LGUs for compliance.
- Provide training and support to local officials.
Implementing Bodies for Streets and Public Spaces
- MMDA, local PNP units, and Women and Children’s Protection Desk enforce the law.
- Deputize Anti-Sexual Harassment Enforcers (ASHE).
- Maintain offender ledger and support victims with psychological services.
Specific Acts and Penalties for Streets and Public Spaces Sexual Harassment
- Categorized by severity with escalating fines and arrest periods:
- Minor verbal offenses: fines and community service.
- Lewd gestures or exposure: higher fines and longer arrest periods.
- Stalking and physical contact: highest penalties including arresto mayor.
Gender-Based Online Sexual Harassment
- Includes online threats, harassment, unauthorized sharing of sexual content, impersonation, and false abuse reports.
Implementing Bodies for Online Harassment
- PNP Anti-Cybercrime Group primarily responsible.
- Coordination with DICT Cybercrime Center.
Penalties for Online Sexual Harassment
- Imprisonment or fines between ₱100,000 to ₱500,000.
- Revocation of license/franchise for juridical persons; deportation for aliens.
- Exceptions for lawful court-ordered use of online evidence.
Qualified Gender-Based Sexual Harassment
- Penalties increase if offenses involve:
- Public utility vehicles where the perpetrator is the driver.
- Vulnerable groups such as minors, seniors, PWDs, breastfeeding mothers.
- Persons with mental impairment.
- Uniformed government service members committing offenses in uniform.
- Government employees in public service premises.
Gender-Based Sexual Harassment in the Workplace
- Includes unwelcome sexual advances, offensive conduct, and hostile environments.
- Applies to interactions between peers, superiors, subordinates, students, and trainers.
- Technology-mediated harassment included.
Duties of Employers
- Post copies of the Act conspicuously.
- Implement preventive measures like seminars.
- Create independent committees for investigation adhering to gender-sensitive representation and due process.
- Develop codes of conduct prohibiting harassment and detailing procedures and penalties.
Duties of Employees and Co-Workers
- Must refrain and discourage harassment.
- Provide support to victims and report witnessed offenses.
Liability of Employers
- Fines for failure to implement duties or respond to complaints.
Routine Inspections
- DOLE and CSC conduct inspections to enforce compliance.
Gender-Based Sexual Harassment in Educational and Training Institutions
- Schools must appoint officers to receive complaints and ensure gender-sensitive environments.
- Grievance procedures must be published and prompt investigation conducted when knowledge of harassment exists.
- Schools may impose sanctions including diploma revocation and expulsion.
- Committees on Decorum and Investigation handle cases.
Duties of School Heads
- Display Act copies publicly.
- Conduct preventive measures.
- Create independent committees with gender and diversity representation.
- Guarantee due process, protect complainants, and guarantee confidentiality.
- Disseminate codes of conduct.
Liability of School Heads
- Fines for non-implementation or failure to act on complaints.
Liability of Students
- Minor offenders subject to administrative sanctions per school policies.
Routine Inspection of Educational Institutions
- DepEd, CHED, TESDA conduct inspections to ensure compliance.
Confidentiality
- Rights of victims and minor accused protected throughout proceedings.
Restraining Orders
- Courts may issue protective orders prior to final decision.
Remedies and Psychological Counseling
- Victims entitled to legal remedies and counseling services.
- Costs borne by perpetrators.
Administrative Sanctions
- Additional sanctions apply to government employee perpetrators.
Imposition of Heavier Penalties
- LGUs may enact ordinances with stricter penalties.
Exemptions
- Acts of indigenous culture and public breastfeeding are exempt.
Role of PNP Women and Children’s Desks
- Police stations' desks handle complaints and coordinate enforcement.
Educational Modules and Awareness Campaigns
- PCW leads awareness campaigns with LGUs, DICT, and women’s groups.
- Educational institutions to incorporate modules on safe spaces.
Safety Audits
- LGUs must conduct participatory audits every three years to evaluate implementation.
Funding and Budgeting
- Funding to come from General Appropriations Act and gender and development budgets.
- LGUs may use local development allocations.
Prescriptive Periods
- Vary from 1 year for minor offenses to imprescriptible for online harassment.
Joint Congressional Oversight Committee
- Monitors implementation and reviews rules; composed of legislators with gender committee co-chairs.
Implementing Rules and Regulations
- To be formulated by PCW in coordination with relevant agencies and women’s organizations within 90 days.
Separability Clause
- Invalidity of any provision does not affect the rest of the Act.
Repealing Clause
- Repeals inconsistent laws, rules, and orders.
Effectivity
- Effective 15 days after publication.