Policy, purposes, and core approach
- The State values the dignity of every human person and guarantees full respect for human rights.
- The State recognizes the role of women in nation-building and guarantees fundamental equality before the law of women and men.
- The State recognizes equality, security, and safety for both men and women not only in private but also on streets, public spaces, online, workplaces, and educational and training institutions.
- The IRR operationalizes a gender-sensitive, victim-centered approach through enforcement, reporting, investigation, and prevention measures.
Defined terms for enforcement
- Catcalling refers to unwanted remarks directed towards a person, commonly done in wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs.
- Common carriers are persons, corporations, firms, or associations engaged in transporting passengers or goods (or both) by land, water, or air for compensation and offering their services to the public.
- Cyberstalking is stalking committed through an electronic medium where online communication takes place.
- Employee refers to a person who performs specified services for remuneration for another who exercises fundamental control over the work, including those in the informal economy; a person detailed under a subcontracting or secondment agreement is considered an employee. In the public sector, “employee” includes persons in the service of government agencies and instrumentalities, including government-owned and controlled corporations with or without an original charter, and state universities or colleges with a regional charter.
- Employer refers to a person who exercises control over an employee, disregarding the employment or engagement status; in the public sector, “employer” refers to the head of government agencies, divisions, subdivisions, instrumentalities, and government-owned and controlled corporations or state universities/colleges with a regional charter that exercises control.
- Gender-based online sexual harassment is online conduct targeted at a particular person that causes or likely causes mental, emotional, or psychological distress and fear for personal safety, including sexual harassment acts such as unwanted sexual remarks and comments, threats, uploading/sharing of photos without consent, video/audio recordings, cyberstalking, and online identity theft.
- Gender identity and/or expression includes identity characterized by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions, including transgender persons.
- Public spaces include a wide range of areas openly accessible or offered for access to the public, including streets, roads, sidewalks, parks, buildings, schools, churches, public washrooms, malls, internet shows, restaurants and cafes, transportation terminals, public markets, evacuation centers, government offices, common carriers, public utility vehicles (PUVs), private vehicles under app-based transport network services, and other recreational spaces such as cinemas, theaters, spas, bars and clubs, resorts and water parks, hotels and casinos, and other areas regardless of ownership.
Gender-based streets and public spaces harassment
- Gender-based streets and public spaces sexual harassment consists of any unwanted and uninvited sexual actions or remarks against any person regardless of the motive.
- The prohibited conduct includes, among others: catcalling/wolf-whistling, unwanted invitations, misogynistic/transphobic/homophobic/sexist slurs, persistent uninvited comments or gestures on appearance, relentless requests for personal details, sexual comments/suggestions, public masturbation or flashing, lewd advances that threaten personal space and physical safety (including cursing, leering, intrusive gazing, taunting), persistent sexual jokes/sexual names, and stalking.
Zero-tolerance policies in private places open to public
- The management of restaurants, cafes, bars and 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.
- The zero-tolerance policy must include measures to prevent occurrence, including:
- Clearly visible warning signs in bold letters with readable language understandable to customers and including anti-sexual harassment hotline number(s), which may include the nearest police station, placed in a conspicuous area.
- Designation of at least one (1) anti-sexual harassment officer competent and knowledgeable on gender-based streets and public spaces sexual harassment and appropriate victim assistance.
- The zero-tolerance policy must include measures to address occurrence, including:
- Immediate coordination with local police authorities after reports, including accompanying the victim to police authorities where necessary.
- Where required and/or possible, installation of functional CCTV cameras and making CCTV footages available to victims as part of assistance, and making CCTV footage available when ordered by court.
- Provision of a safe gender-sensitive environment for victims to report, including a secure/private area for narration and, when possible, an online reporting platform.
- Development of protocols for speeding and effectively addressing reports/complaints, with complaints made immediately in person or online to management.
- Security guards or any person who witnessed the crime may conduct a citizen’s arrest in accordance with law, and security guards may be deputized to apprehend perpetrators caught in flagrante delicto, provided they coordinate immediately with local authorities; the Philippine National Police (PNP) issues guidelines on deputization.
- A citizen’s arrest is authorized when the person to be arrested has committed, is actually committing, or is attempting to commit gender-based streets and public spaces sexual harassment in the presence of the private person, or when gender-based streets and public spaces sexual harassment has just been committed and the private person has personal knowledge of facts indicating commission by the person.
Public utility vehicles and minors’ coverage
- In addition to penalties under the Safe Spaces Act, LTO may cancel perpetrators’ licenses, and LTFRB may suspend or revoke transportation operators’ franchises for gender-based streets and public spaces sexual harassment acts.
- Gender-based streets and public spaces sexual harassment in PUVs where the perpetrator is the driver constitutes a breach of contract of carriage, creating a presumption of negligence in the vehicle owner/operator’s selection and supervision of employees and making the owner/operator solidarily liable for offenses of the employee.
- The LTO or LTFRB may suspend or revoke the use of a driver’s license after finding of substantial evidence that the perpetrator committed a violation, subject to LTO’s administrative procedure.
- When a case is filed in the appropriate court, upon finding of guilt, the court may order cancellation of the license or revocation/suspension of franchise, and the LTO/LTFRB must order the corresponding action.
- Where the court decision does not include such order, the LTO and LTFRB may, after filing and hearing of an administrative case, order cancellation/suspension/revocation; the court decision may be used as evidence presented to the LTO/LTFRB.
- For offenses committed by a minor, the DSWD takes necessary disciplinary measures and diversion programs under R.A. No. 9344, as amended by R.A. No. 10630, including age-appropriate gender sensitivity training and anti-sexual harassment awareness activities.
- The rules and regulations implementing R.A. No. 9344, as amended by R.A. No. 10630, govern cases involving minors.
LGUs and DILG implementation duties
- Local government units (LGUs) bear primary responsibility in enforcing the Safe Spaces Act provisions on gender-based streets and public spaces sexual harassment.
- LGUs must localize applicability by passing an ordinance within sixty (60) days from the law’s effectivity; such ordinance must consider jurisdictional circumstances and should include prevention measures (including gender sensitivity training (GST), law orientation, offices and responsible personnel including under Katarungang Pambarangay), efficient response protocols, victim and perpetrator assistance programs, and mechanisms/people/budget to respond effectively.
- LGU ordinance passage does not bar implementation; the pendency of proceedings to adopt the ordinance does not prevent LGUs from implementing the law.
- LGUs must disseminate or post copies of the law and the corresponding ordinance in conspicuous places, and may produce IEC materials in local languages.
- LGUs must provide preventive measures for gender-based sexual harassment in educational institutions, including information campaigns and anti-sexual harassment seminars.
- LGUs must discourage gender-based sexual harassment and impose fines on acts defined in the law.
- LGUs must establish an anti-sexual harassment hotline staffed by knowledgeable personnel, with hotline functions including receiving/recording reports/complaints and acting as a referral mechanism.
- LGUs must coordinate with the Department of the Interior and Local Government (DILG).
- LGUs must establish a referral system for complainants in streets and public spaces as part of existing referral systems for other gender-based violence cases.
- LGUs must provide training on the law for the Punong Barangay and members of the Lupong Tagapamayapa for cases covered by Katarungang Pambarangay, for traffic enforcers, and adopt training modules down to barangay level.
- LGUs must set up Anti-Sexual Harassment (ASH) desks in barangay, city, and municipal halls, preferably staffed by a woman; VAW desks may serve as ASH desks, strengthened under DILG guidelines.
- LGUs must create a mechanism for handling and documenting complaints, including those under Katarungang Pambarangay.
- The DILG ensures full implementation by inspecting LGUs’ dissemination/posting of law and ordinance, monitoring compliance through monitoring and reportorial mechanisms, conducting surveys/studies and disseminating best practices, providing capacity-building and training in coordination with the PCW, Local Government Academy (LGA), and Development Academy of the Philippines (DAP), and developing guidelines and mechanisms (including interface with Katarungang Pambarangay and strengthening of VAW desks) with consultation of other agencies and civil society organizations.
Implementing bodies and enforcement
- The Metro Manila Development Authority (MMDA), local PNP units for provinces, and the Women and Children Protection Desk (WCPD) of the PNP have authority to apprehend perpetrators and enforce the law.
- The PNP and MMDA must ensure Anti-Sexual Harassment Enforcers (ASHE) undergo gender sensitivity training (GST) covering gender, sexual orientation, gender identity, gender expression, sources and manifestations of gender discrimination and sexual harassment, roles of institutions perpetuating discrimination, and solutions to minimize or eliminate discrimination.
- LGUs may designate traffic enforcers to respond to gender-based streets and public spaces sexual harassment in their areas, and LGUs must ensure those traffic enforcers undergo the same GST; special economic zones police must also be tasked with apprehending perpetrators with similar GST ensured by administrators.
- The authority of MMDA, local PNP units, WCPD of PNP, and local traffic enforcers is suppletory to authority under existing law enforcement, apprehension, and arrest rules.
- The MMDA and the PNP deputize enforcers as ASHE, which must:
- Receive complaints on the street.
- Immediately apprehend a perpetrator if caught in flagrante delicto.
- Immediately bring the perpetrator to the nearest PNP station.
- Keep a ledger of perpetrators for determining first-time, second-time, or third-time offender status, with the WCPD forwarding records to the Women and Children Protection Center (PNP WCPC).
- The DILG must ensure local government bodies expedite receipt and processing of complaints by setting up an anti-sexual harassment desk in all barangay, municipal and city halls, and set up CCTV in major roads, alleys, and sidewalks to aid case filing and evidence gathering, with each city and municipality assigning a person-in-charge.
- The DILG and the DSWD, in coordination with the Department of Health (DOH) and PCW, coordinate to facilitate victim access to psychological counseling support services and other services in consonance with R.A. No. 11036, including by tapping other service providers where needed.
Specific acts and penalties
Category (a): non-touching verbal/gesture/offensive remarks
- For acts including 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 and social media details or destination, sexist/homophobic/transphobic statements and slurs, persistent sexual jokes/sexual names, and invasions on personal space threatening the person’s sense of 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; the PNP issues the certificate of completion.
- Second offense: arresto menor (6 to 10 days) or a fine of PHP 3,000.00.
- Third offense: arresto menor (11 to 30 days) and a fine of PHP 10,000.00.
Category (b): lewd acts involving offensive gestures and exposure
- For acts including offensive body gestures and exposing private parts for sexual gratification with effect of demeaning/harassing/threatening/intimidating, including flashing of private parts, 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 the PNP in coordination with the LGU and the PCW; the PNP issues the certificate of completion.
- Second offense: arresto menor (11 to 30 days) or a fine of PHP 15,000.00.
- Third offense: arresto mayor (1 month and 1 day to 6 months) and a fine of PHP 20,000.00.
Category (c): stalking with touching and specified body areas
- For acts including stalking and acts in Category (a) and (b) when accompanied by touching/pinching/brushing against the body, or any 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 Category (a) or (b) acts:
- First offense: arresto menor (11 to 30 days) or a fine of PHP 30,000.00, provided it includes attendance in a Gender Sensitivity Seminar conducted by the PNP in coordination with the LGU and the PCW; the PNP issues the certificate of completion.
- Second offense: arresto mayor (1 month and 1 day to 6 months) or a fine of PHP 50,000.00.
- Third offense: arresto mayor in its maximum period or a fine of PHP 100,000.00.
Online sexual harassment rules and penalties
- Gender-based online sexual harassment includes online terrorizing and intimidating acts through threats and unwanted sexual misogynistic/transphobic/homophobic/sexist remarks and comments (publicly or via direct/private messages), privacy invasion through cyberstalking and incessant messaging, uploading/sharing without consent of photos/voice/video with sexual content, unauthorized recording and sharing of victim photos/videos/information online, impersonating identities or posting lies to harm reputation, and filing false abuse reports to online platforms to silence victims.
- The PNP Anti-Cybercrime Group (PNP ACG) is the national operational support unit primarily responsible for receiving complaints, developing an online real-time reporting mechanism, and apprehending perpetrators.
- The Department of Justice (DOJ) leads development of protocols and standards for gathering evidence and case build-up.
- The Cybercrime Investigation and Coordinating Center (CICC) of the DICT coordinates with the PNP ACG, National Telecommunications Commission (NTC), National Privacy Commission (NPC), and other agencies to prepare monitoring and penalty-related measures, including:
- A monitoring and evaluation system with a database for gender-based online sexual harassment and tools/process to assess effective law implementation.
- Policy and issuance recommendations for effective implementation and enforcement.
- When necessary, submission of a report to the Oversight Body.
- All agencies involved must ensure confidentiality, privacy, and security of the victim at all times.
- 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.
- Penalty for 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.
- If the perpetrator is a juridical person, its license or franchise is automatically deemed revoked, and liable persons are its officers, including the editor or reporter in print media, and the station manager/editor/broadcaster in broadcast media.
- An alien who commits gender-based online sexual harassment is subject to deportation proceedings after serving sentence and paying fines.
- Courts may issue written orders allowing any peace officer to use online records or copies as evidence in civil/criminal investigation or trial, but only upon written application and oath/affirmation examination of the applicant and witnesses, showing reasonable grounds that gender-based online sexual harassment has been committed or is about to be committed and that the evidence is essential to conviction or prevention/solution of the crime.
- Any record/photo/video or copy thereof of any person that violates the online harassment provisions is not admissible in evidence in judicial, quasi-judicial, legislative, or administrative hearings or investigations.
Qualified circumstances requiring higher penalty
- The penalty next higher in degree applies when:
- The act takes place in a common carrier or PUV (including jeepneys, taxis, tricycles, or app-based transport network vehicles) where the perpetrator is the driver and the offended party is a passenger.
- The offended party is a minor, a senior citizen, a person with disability (PWD), or a breastfeeding mother nursing her child.
- The offender is diagnosed with a mental condition tending to impair consent.
- The perpetrator is a member of the uniformed services (PNP or AFP) and the act was perpetrated while in uniform; reserve AFP members are considered uniformed services only when undergoing active duty training or mobilized by presidential order.
- The act happens in the premises of a government agency offering frontline services to the public and the perpetrator is a government employee.
Workplace sexual harassment requirements
- Workplace gender-based sexual harassment includes unwelcome sexual advances, requests, or demands for sexual favors or any sexual act, whether verbal/physical or through technology (text messaging/electronic mail/other information and communication systems), that has or could have a detrimental effect on employment/education conditions, job performance, or opportunities.
- Workplace gender-based sexual harassment includes conduct of sexual nature or conduct based on sex affecting dignity that is unwelcome, unreasonable, and offensive, whether verbal/physical or through technology.
- Workplace gender-based sexual harassment includes unwelcome pervasive conduct creating an intimidating/hostile/humiliating environment.
- Workplace gender-based sexual harassment may be committed between peers and by a subordinate to a superior officer.
- Workplaces include all sites/locations/spaces where work is being undertaken by an employee within or outside the employer’s usual place of business.
- Employers or persons of authority/influence/moral ascendancy must prevent/deter/punish workplace gender-based sexual harassment by:
- Disseminating or posting a conspicuous copy of the law in workplace areas, including by sending copies through official notices to workplace units, posting online or on official workplace websites, and conducting orientations with copies and information materials; copies must be visible in employee-congregation areas.
- Providing measures to prevent workplace gender-based sexual harassment, including anti-sexual harassment seminars provided to all employees regardless of rank/status; trainings on gender sensitivity, orientations on gender-based violence, and relevant topics may be conducted as part of staff development and basic knowledge.
- Creating an independent internal mechanism or a Committee on Decorum and Investigation (CODI) to investigate and address complaints, carrying out functions under Section 17(c) of the law and further outlined in the IRR.
- Developing and disseminating a workplace code of conduct/policy in consultation with workplace persons (including employee representatives and unions, if any), which must reiterate prohibition, describe procedures of the internal mechanism, and set administrative penalties.
- In the public sector, non-compliance by the employer allows an employee to file an administrative complaint with the Civil Service Commission (CSC); for presidential appointees, elective officials, or AFP officials, complaints may be filed with appropriate offices such as the Office of the President or Office of the Ombudsman.
- Employer duty compliance is part of enforcement functions of the Department of Labor and Employment (DOLE), which must inspect and require compliance and may report non-compliance.
- If the act is committed in the workplace by a person other than those enumerated, the employer must ensure assistance to the employee as mandated by company policies, supervised by the CODI and/or Human Resources.
- DOLE must develop, within sixty (60) days from effectivity of these rules, guidelines on redress mechanisms and interventions for employees covered by R.A. No. 10361 (Kasambahay Law), those in the informal economy, and those employed in establishments with ten or fewer employees.
- Employees and co-workers must refrain from committing acts, discourage gender-based sexual harassment, and provide reports of acts witnessed; reports may be made by any person to the employer/agent, may be anonymous, and if not made by the victim in the victim’s own name, does not constitute a formal complaint but constitutes sufficient notice requiring the employer to verify and refer to the CODI; an employee may report directly to the CODI observing CODI procedures.
- Employer failure to act on reports may make the employer liable under Section 19(b) of the law.
- Failure of the CODI to act on reports is subject to penalties in the Code of Conduct developed under Section 32 of the IRR.
- Employers may also be held responsible for non-implementation of duties under Section 17 of the law and for not taking action on reported workplace gender-based sexual harassment.
- Violations of the non-implementation duty are punishable by a fine of not less than PHP 5,000.00 nor more than PHP 10,000.00 upon conviction.
- Violations of the failure to act on reports are punishable by a fine of not less than PHP 10,000.00 nor more than PHP 15,000.00 upon conviction.
- A victim of work-related gender-based sexual harassment may institute an independent action for damages and other affirmative relief.
- The DOLE for private sector and the CSC for public sector must conduct yearly spontaneous, random, and unannounced inspections for compliance by employers and employees.
Educational and training institutions
- Educational and training institutions (public or private) must designate an officer-in-charge to receive complaints of violations, ensure a gender-sensitive environment, assign a readily accessible office/person, and process complaints efficiently for complainants.
- The officer-in-charge must determine upon receipt whether immediate assistance (counseling and/or medical services) is needed and provide it to the extent possible if the complainant chooses to avail; complaints must be forwarded to the CODI within forty-eight (48) hours.
- Educational and training institutions must ensure confidentiality of complaint acceptance and provide a comfortable and safe area for counseling/narration.
- Educational and training institutions include online course providers, alternative learning systems, non-conventional higher education, government agencies with educational/training academies for employees or the public, and institutions with their own charter or created by law.
- Students are enrolled full-time or part-time in regular courses or short-term/special training.
- An offended party may directly file a complaint with the CODI.
- Within one hundred fifty (150) days from effectivity of these rules, educational and training institutions must adopt and publish grievance procedures to facilitate student/staff/faculty complaint filing; pendency or absence of grievance procedures does not prevent immediate addressing of gender-based sexual harassment.
- Schools must promptly investigate when they know or reasonably should know about acts creating a hostile environment, take immediate action to eliminate such acts, prevent recurrence, and address effects, including conducting investigation on their own initiative and referring offended parties for psychosocial or medical services.
- Once a perpetrator is found guilty by the CODI, the educational institution may strip the diploma or issue an expulsion order.
- CHED, DepEd, TESDA, and other agencies/offices with attached training institutions must formulate guidelines to implement the penalty.
- Perpetrators covered for diploma stripping/expulsion are students currently enrolled at the time of the commission complained of.
- CODIs must address gender-based sexual harassment and online sexual harassment per their CODE manual, which must conform to the law and rules.
- Confidentiality is protected, including privacy of the victim; if the victim proceeds to court, the institution must make proper referral for legal assistance.
- Educational institutions must consider excusing absences of parties involved in court proceedings due to attendance needs.
- Gender-based sexual harassment in educational/training institutions may be committed by principals/school heads, teachers, instructors, professors, coaches, trainers, or persons with authority/influence/moral ascendancy; and by other persons described as having authority over students/trainees.
- School heads and heads of training institutions must:
- Disseminate/post the law conspicuously, including online posting and orientations with copies and information materials; law and IRR must be posted where students congregate and may be translated into language easily understandable to students/trainees.
- Provide preventive measures including information campaigns, express inclusion in student handbooks, orientation of student organizations, and training of teaching/non-teaching staff, student/security officers, and other school community members; ensure age-appropriate training for all students on gender sensitivity and GAD topics as may be relevant.
- Create an independent internal mechanism or CODI to investigate and address complaints carrying out the law and IRR functions.
- Provide and disseminate in consultation a code of conduct/school policy that reiterates prohibition, prescribes internal mechanism procedures, and sets administrative penalties.
- Designate an office/person to receive sexual harassment complaints.
- School heads and authorized personnel may be held responsible for non-implementation of duties and failure to act on reported acts.
- Violations for non-implementation under subsection (a) are punishable upon conviction with a fine of not less than PHP 5,000.00 nor more than PHP 10,000.00.
- Violations for failure to act under subsection (b) are punishable upon conviction with a fine of not less than PHP 10,000.00 nor more than PHP 15,000.00.
- These liabilities do not prejudice administrative cases against school heads with the appropriate disciplinary authority.
- Minor students found to have committed acts of gender-based sexual harassment are held only liable for administrative sanctions under school handbook.
- A victim of education/training-related gender-based sexual harassment may institute an independent action for damages and other affirmative relief.
- DepEd, CHED, and