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R.A. 11313 - Safe Spaces Act

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The key takeaways are that the act aims to define and prevent gender-based sexual harassment in various spaces like streets, public places, online and workplaces through education and penalization.

The act aims to value human dignity, guarantee human rights and ensure equality and safety for both women and men in public and private spaces as well as online.

The act considers behaviors like catcalling, wolf-whistling, unwanted comments on appearance, groping, public masturbation or flashing of private parts as gender-based street and public spaces sexual harassment if they threaten one's sense of safety and space.

R.A.

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

Sec. 34. Safety Audits – LGUs are required to conduct safety Sec. 39. Separability Clause – If any provision or part hereof is
audits every three (3) years to assess the efficiency and effectivity held invalid or unconstitutional, the remaining provisions not
of the implementation of this Act within their jurisdiction. Such affected thereby shall remain valid and subsisting.
audits shall be multisectoral and participatory, with consultations
undertaken with schools, police officers, and civil society Sec. 40. Repealing Clause – Any law, presidential decree or
organizations. issuance, executive order, letter of instruction, administrative
order, rule or regulation contrary to or inconsistent with the
Sec. 35. Appropriation – Such amounts as may be necessary for provisions of this Act is hereby repealed, modified or amended
the implementation of this Act shall be indicated under the annual accordingly.
General Appropriations Act (GAA). National and local government
agencies shall be authorized to utilize their mandatory Gender Sec. 41. Effectivity – This Act shall take effect fifteen (15) days
and Development (GAD) budget, as provided under Republic Act after its publication in the Official Gazette or in any two (2)
No. 9710, otherwise known as "The Magna Carta of Women" for newspapers of general circulation in the Philippines.
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".

Sec. 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.

Sec. 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.

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