Law Summary
Declaration of Policies
- State policy values human dignity and guarantees respect for human rights.
- Recognizes women’s role in nation-building and equality of women and men before the law.
- Ensures equality, security, and safety for all genders in streets, public spaces, online, workplaces, and educational institutions.
Definitions
- Comprehensive definitions including catcalling, common carriers, cyberstalking, employee, employer, gender-based online sexual harassment, gender identity, public spaces, sexist and transphobic remarks, stalking, and others.
- Includes specific descriptions for terms such as employer, employee, gender identity/expression, and harassment forms.
Gender-Based Streets and Public Spaces Sexual Harassment
- Lists acts constituting gender-based sexual harassment (GBSH) such as catcalling, persistent comments, requests for personal details, lewd acts, groping, stalking, and sexist or homophobic slurs.
- Applies to all persons regardless of motive.
Responsibilities of Establishments and Operators
- Establishments open to the public must adopt zero-tolerance policies against GBSH.
- Requires posting warning signs with hotline numbers and assigning anti-sexual harassment officers.
- Mandates measures including installation of CCTV, assistance to victims, and protocols for handling complaints.
- Private security guards authorized to conduct citizen’s arrests for GBSH caught in the act.
Public Utility Vehicles (PUV)
- LTO and LTFRB empowered to cancel licenses and revoke franchises of perpetrators/operators involved in GBSH.
- Acts by PUV drivers constitute breach of contract, creating presumption of negligence on operators.
Minors and GBSH
- DSWD to take disciplinary and diversion measures for minors committing the offense, including gender sensitivity training.
Duties of Local Government Units (LGUs)
- LGUs must enact ordinances to localize the law and disseminate information.
- Shall provide prevention measures, establish hotlines, coordinate with DILG, and set up referral systems.
- Provide training to barangay officials and establish Anti-Sexual Harassment (ASH) desks.
Role of the Department of the Interior and Local Government (DILG)
- Oversees LGU compliance and provides capacity-building/training.
- Develops guidelines for effective implementation and monitoring.
Implementation Bodies for GBSH in Streets and Public Spaces
- MMDA, PNP, and Women and Children Protection Desk authorized to apprehend perpetrators.
- Deputation of Anti-Sexual Harassment Enforcers (ASHE) with gender sensitivity training.
- DILG mandates Anti-Sexual Harassment Desks in barangays and ensures CCTV installations.
- Coordinates psychosocial support services for victims.
Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces
- Graduated penalties for offenses ranging from fines and community service to arresto mayor and substantial fines depending on severity and repetition.
- Offenses categorized into verbal/non-physical acts, lewd acts, and acts involving physical touching.
Gender-Based Online Sexual Harassment
- Includes cyberterrorism, unwelcome sexual remarks online, cyberstalking, non-consensual sharing of sexual media, impersonation, and filing false abuse reports.
Implementing Bodies and Procedure for Online Sexual Harassment
- PNP Anti-Cybercrime Group (ACG) responsible for complaint reception and perpetrator apprehension.
- DOJ develops protocols for evidence and case-building.
- DICT coordinates monitoring and penalties network involving multiple agencies.
- Confidentiality of victims strictly maintained.
Penalties for Online Sexual Harassment
- Imprisonment or fines imposable on offenders.
- Juridical persons face automatic license or franchise revocation.
- Aliens subject to deportation upon conviction.
- Court orders required for lawful use of online evidence.
Qualified Gender-Based Sexual Harassment
- Higher penalties apply if harassment occurs in common carriers/PUVs, involves minors, seniors, PWDs, breastfeeding mothers, perpetrators with impaired mental consent, uniformed personnel, or government employees.
Gender-Based Sexual Harassment in the Workplace
- Defines workplace GBSH as unwelcome sexual advances or conduct affecting employment or dignity, including digital forms.
- Applies to all work settings and relationships including peers and subordinates to superiors.
Duties and Liabilities of Employers
- Employers must post the law, conduct prevention seminars, and establish a Committee on Decorum and Investigation (CODI).
- Develop code of conduct including procedures and penalties.
- Non-compliance subject to fines and administrative sanctions.
Employees’ Duties
- To refrain from and report GBSH.
- Reports may be anonymous; employers must act on verified reports.
Support for Informal Economy Workers
- DOLE to create guidelines for informal economy and small establishment workers.
Gender-Based Sexual Harassment in Educational and Training Institutions
- Educational institutions must designate officers to receive complaints and maintain confidentiality.
- Must adopt grievance procedures within 150 days; investigation obligations exist regardless of formal complaint.
- Institutions may impose penalties including expulsion.
Duties of School Heads and Liability
- Posting and dissemination of law.
- Prevention measures including training and awareness campaigns.
- Establishment of CODI and code of conduct.
- Liability for non-action and non-implementation.
Committee on Decorum and Investigation (CODI)
- Composed of representatives from management, employees, unions in workplaces; administration, teachers, students in schools.
- Led by a woman; majority women members.
- Members must be impartial; a ten-day period for investigation and decision.
- Ensures due process, confidentiality, and protection against retaliation.
Oversight Mechanism
- Multisector oversight body headed by PCW, DILG, and DICT with representatives from various agencies and CSOs.
- Functions include harmonizing implementation, monitoring, policy recommendations, prevention strategies, and coordination.
Common Provisions
- Rights of victims and accused minors protected.
- Courts may issue restraining orders.
- Psychological counseling and remedies for victims funded by perpetrators.
- Administrative sanctions for government employees.
- LGUs may impose heavier penalties.
- Cultural and breastfeeding exemptions.
Final Provisions
- PNP Women and Children Protection Centers coordinate enforcement.
- Mandatory educational modules on GBSH in all schools.
- National and local awareness campaigns led by PCW and DILG.
- LGUs must conduct safety audits every three years.
- Appropriations to be allocated under the National Budget and GAD funds.
- Prescriptive periods specified for different offense categories.
- Separability and repealing clauses.
- IRR effectivity 15 days after publication.