REPUBLIC ACT No. 11313
(July 23, 2018)
An Act
Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online,
Workplaces, and Educational or Training Institutions, Providing Protective
Measures and Prescribing Penalties Therefor
Be it
enacted by the Senate and House of Representatives of the Philippine Congress
assembled:
Section
1. Short
Title. -This Act shall be known as the "Safe Spaces Act".
Section
2. Declaration
of Policies. -It is the policy of the State to value the dignity of
every human person and guarantee full respect for human rights. It is likewise
the policy of the State to recognize the role of women in nation-building and
ensure the fundamental equality before the law of women and men. The State also
recognizes that both men and women must have equality, security and safety not
only in private, but also on the streets, public spaces, online, workplaces and
educational and training institutions.
Section
3. Definition
of Terms. -As used in this Act:
(a) Catcalling refers
to unwanted remarks directed towards a person, commonly done in the form of
wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs;
(b) Employee refers
to a person, who in exchange for remuneration, agrees to perform specified
services for another person, whether natural or juridical, and whether private
or public, who exercises fundamental control over the work, regardless of the
term or duration of agreement: Provided, That for the purposes
of this law, a person who is detailed to an entity under a subcontracting or
secondment agreement shall be considered an employee;
(c) Employer refers
to a person who exercises control over an employee: Provided, That
for the purpose of this Act, the status or conditions of the latter’s
employment or engagement shall be disregarded;
(d) Gender refers
to a set of socially ascribed characteristics, norms, roles, attitudes, values
and expectations identifying the social behavior of men and women, and the
relations between them;
(e) Gender-based online
sexual harassment refers to an online conduct targeted at a particular
person that causes or likely to cause another mental, emotional or
psychological distress, and fear of personal safety, sexual harassment acts
including unwanted sexual remarks and comments, threats, uploading or sharing
of one’s photos without consent, video and audio recordings, cyberstalking and
online identity theft;
(f) Gender identity and/or
expression refers to the personal sense of identity as characterized,
among others, by manner of clothing, inclinations, and behavior in relation to
masculine or feminine conventions. A person may have a male or female identity
with physiological characteristics of the opposite sex in which case this
person is considered transgender:
(g) Public spaces refer
to streets and alleys, public parks, schools, buildings, malls, bars,
restaurants, transportation terminals, public markets, spaces used as
evacuation centers, government offices, public utility vehicles as well as
private vehicles covered by app-based transport network services and other
recreational spaces such as, but not limited to, cinema halls, theaters and
spas; and
(h) Stalking refers
to conduct directed at a person involving the repeated visual or physical
proximity, non-consensual communication, or a combination thereof that cause or
will likely cause a person to fear for one’s own safety or the safety of
others, or to suffer emotional distress.
SEXUAL HARASSMENT
Section
4. Gender-Based
Streets and Public Spaces Sexual Harassment. -The crimes of
gender-based streets and public spaces sexual harassment are committed through
any unwanted and uninvited sexual actions or remarks against any person
regardless of the motive for committing such action or remarks.
Gender-based
streets and public spaces sexual 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, statement of sexual
comments and suggestions, public masturbation or flashing of private parts,
groping, or any advances, whether verbal or physical, that is unwanted and has
threatened one’s sense of personal space and physical safety, and committed in
public spaces such as alleys, roads, sidewalks and parks. Acts constitutive of
gender-based streets and public spaces sexual harassment are those performed in
buildings, schools, churches, restaurants, malls, public washrooms, bars,
internet shops, public markets, transportation terminals or public utility
vehicles.
Section
5. Gender-Based
Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts and Water
Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-Owned
Places Open to the Public. -Restaurants, bars, cinemas, malls,
buildings and other privately-owned places open to the public shall adopt a
zero-tolerance policy against gender-based streets and public spaces sexual
harassment. These establishments are obliged to provide assistance to victims
of gender-based sexual harassment by coordinating with local police authorities
immediately after gender-based sexual harassment is reported, making CCTV
footage available when ordered by the court, and providing a safe
gender-sensitive environment to encourage victims to report gender-based sexual
harassment at the first instance.
All
restaurants, bars, cinemas and other places of recreation shall install in
their business establishments clearly-visible warning signs against
gender-based public spaces sexual harassment, including the anti-sexual
harassment hotline number in bold letters, and shall designate at least one (1)
anti-sexual harassment officer to receive gender-based sexual harassment
complaints. Security guards in these places may be deputized to apprehend
perpetrators caught in flagrante delicto and are required to
immediately coordinate with local authorities.
Section
6. Gender-Based
Sexual Harassment in Public Utility Vehicles. -In addition to the
penalties in this Act, the Land Transportation Office (LTO) may cancel the
license of perpetrators found to have committed acts constituting sexual
harassment in public utility vehicles, and 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. Gender-based sexual harassment in public utility
vehicles (PUVs) where the perpetrator is the driver of the vehicle shall also
constitute a breach of contract of carriage, for the purpose of creating a
presumption of negligence on the part of the owner or operator of the vehicle
in the selection and supervision of employees and rendering the owner or
operator solidarity liable for the offenses of the employee.
Section
7. Gender-Based
Sexual Harassment in Streets and Public Spaces Committed by Minors. -In
case the offense is committed by a minor, the Department of Social Welfare and
Development (DSWD) shall take necessary disciplinary measures as provided for
under Republic Act No. 9344, otherwise known as the "Juvenile Justice and
Welfare Act of 2006".
Section
8. Duties
of Local Government Units (LGUs). -local government units (LGUs) shall
bear primary responsibility in enforcing the provisions under Article I of this
Act. LGUs shall have the following duties:
(a) Pass an ordinance which shall
localize the applicability of this Act within sixty (60) days of its
effectivity;
(b) Disseminate or post in
conspicuous places a copy of this Act and the corresponding ordinance;
(c) Provide measures to prevent
gender-based sexual harassment in educational institutions, such as information
campaigns and anti-sexual harassment seminars;
(d) Discourage and impose fines on
acts of gender-based sexual harassment as defined in this Act;
(e) Create an anti-sexual
harassment hotline; and
(f) Coordinate with the Department
of the Interior and Local Government (DILG) on the implementation of this Act.
Section
9. Role
of the DILG. -The DILG shall ensure the full implementation of this
Act by:
(a) Inspecting LGUs if they have
disseminated or posted in conspicuous places a copy of this Act and the
corresponding ordinance;
(b) Conducting and disseminating
surveys and studies on best practices of LGUs in implementing this Act; and
(c) Providing capacity-building
and training activities to build the capability of local government officials
to implement this Act in coordination with the Philippine Commission on Women
(PCW). the Local Government Academy (LGA) and the Development Academy of the
Philippines (DAP).
Section
10. Implementing
Bodies for Gender-Based Sexual Harassment in Streets and Public Spaces. -The
Metro Manila Development Authority (MMDA), the local units of the Philippine
National Police (PNP) for other provinces, and the Women and Children’s
Protection Desk (WCPD) of the PNP shall have the authority to apprehend
perpetrators and enforce the law: Provided, That they have
undergone prior Gender Sensitivity Training (GST). The PCW. DILG and Department
of Information and Communications Technology (DICT) shall be the national
bodies responsible for overseeing the implementation of this Act and
formulating policies that will ensure the strict implementation of this Act.
For
gender-based streets and public spaces sexual harassment, the MMDA and the
local units of the PNP for the provinces shall deputize its enforcers to be
Anti-Sexual Harassment Enforcers (ASHE). They shall be deputized to receive
complaints on the street and immediately apprehend a perpetrator if caught
in flagrante delicto. The perpetrator shall be immediately
brought to the nearest PNP station to face charges of the offense committed.
The ASHE unit together with the Women’s and Children’s Desk of PNP stations
shall keep a ledger of perpetrators who have committed acts prohibited under
this Act for purposes of determining if a perpetrator is a first-time,
second-time or third-time offender. The DILG shall also ensure that all local
government bodies expedite the receipt and processing of complaints by setting
up an Anti-Sexual Harassment Desk in all barangay and city halls and to ensure
the set-up of CCTVs in major roads, alleys and sidewalks in their respective
areas to aid in the filing of cases and gathering of evidence. The DILG, the
DSWD in coordination with the Department of Health (DOH) and the PCW shall
coordinate if necessary to ensure that victims are provided the proper
psychological counseling support services.
Section
11. Specific
Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public
Spaces. -The
following acts are unlawful and shall be penalized as follows:
(a) For acts such as cursing,
wolf-whistling, catcalling, leering and intrusive gazing, taunting, pursing,
unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs,
persistent unwanted comments on one’s appearance, relentless requests for one’s
personal details such as name, contact and social media details or destination,
the use of words, gestures or actions that ridicule on the basis of sex, gender
or sexual orientation, identity and/or expression including sexist, homophobic,
and transphobic statements and slurs, the persistent telling of sexual jokes,
use of sexual names, comments and demands, and any statement that has made an
invasion on a person’s personal space or threatens the person’s sense of
personal safety –
(1) The first offense shall be
punished by a fine of One thousand pesos (₱1,000.00) and community service of
twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be
conducted by the PNP in coordination with the LGU and the PCW;
(2) The second offense shall be
punished by arresto menor (6 to 10 days) or a fine of Three
thousand pesos (₱3,000.00);
(3) The third offense shall be
punished by arresto menor (11 to 30 days) and a fine of Ten thousand
pesos (₱10,000.00).
(b) For acts such as making
offensive body gestures at someone, and exposing private parts for the sexual
gratification of the perpetrator with the effect of demeaning, harassing,
threatening or intimidating the offended party including flashing of private
parts, public masturbation, groping, and similar lewd sexual actions –
(1) The first offense shall he
punished by a fine of Ten thousand pesos (₱10,000.00) and community service of
twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar, to
be conducted by the PNP in coordination with the LGU and the PCW;
(2) The second offense shall be
punished by arresto menor (11 to 30 days) or a fine of Fifteen
thousand pesos (₱15,000.00);
(3) The third offense shall be punished
by arresto mayor (1 month and 1 day to 6 months) and a fine of
Twenty thousand pesos (₱20,000.00).
(c) For acts such as stalking, and
any of the acts mentioned in Section 11 paragraphs (a) and (b), when
accompanied by touching, pinching or brushing against the body of the offended
person; or any touching, pinching, or brushing against the genitalia, face,
arms, anus, groin, breasts, inner thighs, face, buttocks or any part of the
victim’s body even when not accompanied by acts mentioned in Section 11
paragraphs (a) and (b) –
(1) The first offense shall be
punished by arresto rnenor (11 to 30 days) or a line of Thirty
thousand pesos (₱30,000.00), provided that it includes attendance in a Gender
Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU
and the PCW;
(2) The second offense shall be
punished by arresto mayor (1 month and 1 day to 6 months) or a
fine of Fifty thousand pesos (₱50,000.00);
(3) The third offense shall be
punished by arresto mayor in its maximum period or a fine of
One hundred thousand pesos (₱100,000.00).
Section 12. Gender-Based Online
Sexual Harassment. -Gender-based online sexual harassment includes
acts that use information and communications technology in terrorizing and
intimidating victims through physical, psychological, and emotional threats,
unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and
comments online whether publicly or through direct and private messages,
invasion of victim’s privacy through cyberstalking and incessant messaging,
uploading and sharing without the consent of the victim, any form of media that
contains photos, voice, or video with sexual content, any unauthorized
recording and sharing of any of the victim’s photos, videos, or any information
online, impersonating identities of victims online or posting lies about
victims to harm their reputation, or filing, false abuse reports to online
platforms to silence victims.
Section
13. Implementing
Bodies for Gender-Based Online Sexual Harassment. -For gender-based
online sexual harassment, the PNP Anti-Cybercrime Group (PNPACG) as the
National Operational Support Unit of the PNP is primarily responsible for the
implementation of pertinent Philippine laws on cybercrime, shall receive
complaints of gender-based online sexual harassment and develop an online
mechanism for reporting real-time gender-based online sexual harassment acts
and apprehend perpetrators.1âшphi1 The Cybercrime
Investigation and Coordinating Center (CICC) of the DICT shall also coordinate
with the PNPACG to prepare appropriate and effective measures to monitor and
penalize gender-based online sexual harassment.
Section
14. Penalties
for Gender-Based Online Sexual Harassment. -The penalty of prision
correccional in its medium period or a fine of not less than One
hundred thousand pesos (₱100,000.00) but not more than Five hundred thousand
pesos (₱500,000.00), or both, at the discretion of the court shall be imposed
upon any person found guilty of any gender-based online sexual harassment.
If the
perpetrator is a juridical person, its license or franchise shall be
automatically deemed revoked, and the persons liable shall be the officers
thereof, including the editor or reporter in the case of print media, and the
station manager, editor and broadcaster in the case of broadcast media. An
alien who commits gender-based online sexual harassment shall be subject to
deportation proceedings after serving sentence and payment of fines.
Exemption
to acts constitutive and penalized as gender-based online sexual harassment are
authorized written orders of the court for any peace officer to use online
records or any copy thereof as evidence in any civil, criminal investigation or
trial of the crime: Provided, That such written order shall
only be issued or granted upon written application and the examination under
oath or affirmation of the applicant and the witnesses may produce, and upon
showing that there are reasonable grounds to believe that gender-based online
sexual harassment has been committed or is about to be committed, and that the
evidence to be obtained is essential to the conviction of any person for, or to
the solution or prevention of such crime.
Any
record, photo or video, or copy thereof of any person that is in violation of
the preceding sections shall not be admissible in evidence in any judicial,
quasi-judicial, legislative or administrative hearing or investigation.
Section
15. Qualified
Gender-Based Streets, Public Spaces and Online Sexual Harassment. -The
penalty next higher in degree will be applied in the following cases:
(a) If the act takes place in a
common carrier or PUV, including, but not limited to, jeepneys, taxis,
tricycles, or app-based transport network vehicle services, where the
perpetrator is the driver of the vehicle and the offended party is a passenger;
(b) If the offended party is a
minor, a senior citizen, or a person with disability (PWD), or a breastfeeding
mother nursing her child;
(c) If the offended party is
diagnosed with a mental problem tending to impair consent;
(d) If the perpetrator is a member
of the uniformed services, such as the PNP and the Armed Forces of the
Philippines (AFP), and the act was perpetrated while the perpetrator was in
uniform; and
(e) If 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
16. Gender-Based
Sexual Harassment in the Workplace. -The crime of gender-based sexual
harassment in the workplace includes the following:
(a) An act or series of acts
involving any unwelcome sexual advances, requests or demand for sexual favors
or any act of sexual nature, whether done verbally, physically or through the
use of technology such as text messaging or electronic mail or through any
other forms of information and communication systems, that has or could have a
detrimental effect on the conditions of an individual’s employment or
education, job performance or opportunities;
(b) A conduct of sexual nature and
other conduct-based on sex affecting the dignity of a person, which is
unwelcome, unreasonable, and offensive to the recipient, whether done verbally,
physically or through the use of technology such as text messaging or
electronic mail or through any other forms of information and communication
systems;
(c) A conduct that is unwelcome
and pervasive and creates an intimidating, hostile or humiliating environment
for the recipient: Provided, That the crime of gender-based
sexual harassment may also be committed between peers and those committed to a
superior officer by a subordinate, or to a teacher by a student, or to a
trainer by a trainee; and
(d) Information and communication
system refers to a system for generating, sending, receiving, storing or
otherwise processing electronic data messages or electronic documents and
includes the computer system or other similar devices by or in which data are
recorded or stored and any procedure related to the recording or storage of
electronic data messages or electronic documents.
Section
17. Duties
of Employers. -Employers or other persons of authority, influence or
moral ascendancy in a workplace shall have the duty to prevent, deter, or
punish the performance of acts of gender-based sexual harassment in the
workplace. Towards this end, the employer or person of authority, influence or
moral ascendancy shall:
(a) Disseminate or post in a
conspicuous place a copy of this Act to all persons in the workplace;
(b) Provide measures to prevent
gender-based sexual harassment in the workplace, such as the conduct of
anti-sexual harassment seminars;
(c) Create an independent internal
mechanism or a committee on decorum and investigation to investigate and
address complaints of gender-based sexual harassment which shall:
(1) Adequately represent the
management, the employees from the supervisory rank, the rank-and-file
employees, and the union, if any;
(2) Designate a woman as its head
and not less than half of its members should be women;
(3) Be composed of members who
should be impartial and not connected or related to the alleged perpetrator;
(4) Investigate and decide on the
complaints within ten (10) days or less upon receipt thereof;
(5) Observe due process;
(6) Protect the complainant from
retaliation; and
(7) Guarantee confidentiality to
the greatest extent possible;
(d) Provide and disseminate, in
consultation with all persons in the workplace, a code of conduct or workplace
policy which shall:
(1) Expressly reiterate the
prohibition on gender-based sexual harassment;
(2) Describe the procedures of the
internal mechanism created under Section 17(c) of this Act; and
(3) Set administrative penalties.
Section
18. Duties
of Employees and Co-Workers. -Employees and co-workers shall have the
duty to:
(a) Refrain from committing acts
of gender-based sexual harassment;
(b) Discourage the conduct of
gander-based sexual harassment in the workplace;
(c) Provide emotional or social
support to fellow employees, co-workers, colleagues or peers who are victims of
gender-based sexual harassment; and
(d) Report acts of gender-based
sexual harassment witnessed in the workplace.
Section
19. Liability
of Employers.— In addition to liabilities for committing acts of
gender-based sexual harassment, employers may also be held responsible for:
(a) Non-implementation of their
duties under Section 17 of this Act, as provided in the penal provisions; or
(b) Not taking action on reported
acts of gender-based sexual harassment committed in the workplace.
Any person
who violates subsection (a) of this section, shall upon conviction, be
penalized with a fine of not less than Five thousand pesos (₱5,000.00) nor more
than Ten thousand pesos (₱10,000.00).
Any person
who violates subsection (b) of this section, shall upon conviction, be
penalized with a fine of not less than Ten thousand pesos (₱10,000.00) nor more
than Fifteen thousand pesos (₱15,000.00).
Section
20. Routine
Inspection. -The Department of Labor and Employment (DOLE) for the
private sector and the Civil Service Commission (CSC) for the public sector
shall conduct yearly spontaneous inspections to ensure compliance of employers
and employees with their obligations under this Act.
Section
21. Gender-Based
Sexual Harassment in Educational and Training Institutions.— All schools,
whether public or private, shall designate an officer-in-charge to receive
complaints regarding violations of this Act, and shall, ensure that the victims
are provided with a gender-sensitive environment that is both respectful to the
victims’ needs and conducive to truth-telling.
Every
school must adopt and publish grievance procedures to facilitate the filing of
complaints by students and faculty members. Even if an individual does not want
to file a complaint or does not request that the school take any action on
behalf of a student or faculty member and school authorities have knowledge or
reasonably know about a possible or impending act of gender-based sexual
harassment or sexual violence, the school should promptly investigate to
determine the veracity of such information or knowledge and the circumstances
under which the act of gender-based sexual harassment or sexual violence were
committed, and take appropriate steps to resolve the situation. If a school
knows or reasonably should know about acts of gender-based sexual harassment or
sexual violence being committed that creates a hostile environment, the school
must take immediate action to eliminate the same acts, prevent their
recurrence, and address their effects.
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.
The
Committee on Decorum and Investigation (CODI) of all educational institutions
shall address gender-based sexual harassment and online sexual harassment in
accordance with the rules and procedures contained in their CODI manual.
Section
22. Duties
of School Heads. -School heads shall have the following duties:
(a) Disseminate or post a copy of
this Act in a conspicuous place in the educational institution;
(b) Provide measures to prevent
gender-based sexual harassment in educational institutions, like information
campaigns;
(c) Create an independent internal
mechanism or a CODI to investigate and address complaints of gender-based
sexual harassment which shall:
(1) Adequately represent the
school administration, the trainers, instructors, professors or coaches and
students or trainees, students and parents, as the case may be;
(2) Designate a woman as its head
and not less than half of its members should be women;
(3) Ensure equal representation of
persons of diverse sexual orientation, identity and/or expression, in the CODI
as far as practicable;
(4) Be composed of members who
should be impartial and not connected or related to the alleged perpetrator;
(5) Investigate and decide on
complaints within ten (10) days or less upon receipt, thereof;
(6) Observe due process;
(7) Protect the complainant from
retaliation; and
(8) Guarantee confidentiality to
the greatest extent possible.
(d) Provide and disseminate, in
consultation with all persons in the educational institution, a code of conduct
or school policy which shall:
(1) Expressly reiterate the
prohibition on gender-based sexual harassment;
(2) Prescribe the procedures of
the internal mechanism created under this Act; and
(3) Set administrative penalties.
Section
23. Liability
of School Heads.— In addition to liability for committing acts of
gender-based sexual harassment, principals, school heads, teachers,
instructors, professors, coaches, trainers, or any odier person who has
authority, influence or moral ascendancy over another in an educational or
training institution may also be held responsible for:
(a) Non-implementation of their
duties under Section 22 of this Act, as provided in the penal provisions; or
(b) Failure to act on reported
acts of gender-based sexual harassment committed in the educational
institution.
Any person
who violates subsection (a) of this section, shall upon conviction, be penalized
with a fine of not less than Five thousand pesos (₱5,000.00) nor more than Ten
thousand pesos (₱10,000.00).
Any person
who violates subsection (b) of this section, shall upon conviction, be
penalized with a fine of not less than Ten thousand pesos (₱10,000.00) nor more
than Fifteen thousand pesos (₱15,000.00).
Section
24. Liability
of Students.— Minor students who are found to have committed acts of
gender-based sexual harassment shall only be held liable for administrative
sanctions by the school as stated in their school handbook.
Section
25. Routine
Inspection.— The Department of Education (DepEd), the Commission on Higher
Education (CHED), and the Technical Education and Skills Development Authority
(TESDA) shall conduct regular spontaneous inspections to ensure compliance of
school heads with their obligations under this Act.
Section
26. Confidentiality.—
At any stage of the investigation, prosecution and trial of an offense under
this Act, the rights of the victim and the accused who is a minor shall be
recognized.
Section
27. Restraining
Order.— Where appropriate, the court, even before rendering a final
decision, may issue an order directing the perpetrator to stay away from the
offended person at a distance specified by the court, or to stay away from the
residence, school, place of employment, or any specified place frequented by
the offended person.
Section
28. Remedies
and Psychological Counselling.— A victim of gender-based street, public
spaces or online sexual harassment may avail of appropriate remedies as
provided for under the law as well as psychological counselling services with
the aid of the LGU and the DSWD, in coordination with the DOH and the PCW. Any
fees to be charged in the course of a victim’s availment of such remedies or
psychological counselling services shall be borne by the perpetrator.
Section
29. Administrative
Sanctions.— Above penalties are without prejudice to any administrative
sanctions that may be imposed if the perpetrator is a government employee.
Section
30. Imposition
of Heavier Penalties.— Nothing in this Act shall prevent LGUs from coming
up with ordinances that impose heavier penalties for the acts specified herein.
Section
31. Exemptions.—
Acts that are legitimate expressions of indigenous culture and tradition, as
well as breastfeeding in public shall not be penalized.
Section
32. PNP
Women and Children’s Desks.— The women and children’s desks now existing in
all police stations shall act on and attend to all complaints covered under
this Act. They shall 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 in the enforcement of the
provisions of this Act.
Section
33. Educational
Modules and Awareness Campaigns.— The PCW shall take the lead in a national
campaign for the awareness of the law. The PCW shall work hand-in-hand with the
DILG and duly accredited women’s groups to ensure all LGUs participate in a
sustained information campaign and the DICT to ensure an online campaign that
reaches a wide audience of Filipino internet-users. Campaign materials may
include posters condemning different forms of gender-based sexual harassment,
informing the public of penalties for committing gender-based sexual harassment,
and infographics of hotline numbers of authorities.
All
schools shall educate students from the elementary to tertiary level about the
provisions of this Act and how they can report cases of gender-based streets,
public spaces and online sexual harassment committed against them. School
courses shall include age-appropriate educational modules against gender-based
streets, public spaces and online sexual harassment which shall be developed by
the DepEd, the CHED, the TESDA and the PCW.
Section
34. Safety
Audits. -LGUs are required to conduct safety audits every three (3)
years to assess the efficiency and effectivity of the implementation of this
Act within their jurisdiction. Such audits shall be multisectoral and
participatory, with consultations undertaken with schools, police officers, and
civil society organizations.
Section
35. Appropriations.—
Such amounts as may be necessary for the implementation of this Act shall be
indicated under the annual General Appropriations Act (GAA). National and local
government agencies shall be authorized to utilize their mandatory Gender and
Development (GAD) budget, as provided under Republic Act No. 9710, otherwise
known as "The Magna Carta of Women" for this purpose. In addition,
LGUs may also use their mandatory twenty percent (20%) allocation of them
annual internal revenue allotments for local development projects as provided
under Section 287 of Republic Act No. 7160, otherwise known as the "Local
Government Code of 1991".
Section
36. Prescriptive
Period.— Any action arising from the violation of any of the provisions of
this Act shall prescribe as follows:
(a) Offenses committed under
Section 11(a) of this Act shall prescribe in one (1) year;
(b) Offenses committed under
Section 11(b) of this Act shall prescribe in three (3) years;
(c) Offenses committed under
Section 11(c) of this Act shall prescribe in ten (10) years;
(d) Offenses committed under
Section 12 of this Act shall be imprescriptible; and
(e) Offenses committed under
Sections 16 and 21 of this Act shall prescribe in five (5) years.
Section
37. Joint
Congressional Oversight Committee.— There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act and
to review the implementing rules and regulations promulgated. The Committee
shall be composed of five (5) Senators and five (5) Representatives to be
appointed by the Senate President and the Speaker of the House of
Representatives, respectively. The Oversight Committee shall be co-chaired by
the Chairpersons of the Senate Committee on Women, Children. Family Relations
and Gender Equality and the House Committee on Women and Gender Equality.
Section
38. Implementing
Rules and Regulations (IRR).— Within ninety (90) days from the effectivity
of this Act, the PCW as the lead agency, in coordination with the DILG, the
DSWD, the PNP, the Commission on Human Rights (CHR), the DOH, the DOLE, the
DepEd, the CHED, the DICT, the TESDA, the MMDA, the LTO, and at least three (3)
women’s organizations active on the issues of gender-based violence, shall
formulate the implementing rules and regulations (IRR) of this Act.
Section
39. Separability
Clause.— If any provision or part hereof is held invalid or
unconstitutional, the remaining provisions not affected thereby shall remain
valid and subsisting.
Section
40. Repealing
Clause.— Any law, presidential decree or issuance, executive order, letter
of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or
amended accordingly.
Section
41. Effectivity.—
This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in any two (2) newspapers of general circulation in the
Philippines.
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