Crimes of sexual harassment in the streets and public spaces based on gender are committed through any unwanted and uninvited sexual action or remark towards any person, regardless of the motive for carrying out such an action or remark. Gender-based sexual harassment in restaurants and cafes, bars and clubs, resorts and water parks, hotels and casinos, movie theaters, shopping centers, privately owned buildings and other places open to the public. Restaurants, bars, cinemas, shopping malls, buildings and other private places open to the public will adopt a policy of zero tolerance against gender-based sexual harassment in streets and public spaces.
For gender-based street and public space sexual harassment, the MMDA and the local units of the PNP for the provinces shall designate its enforcers as Anti-Sexual Harassment Enforcers (ASHE). The Cybercrime Investigation and Coordination Center (CICC) of the DICT shall also coordinate with the PNPACG to prepare appropriate and effective measures to monitor and punish online gender-based sexual harassment. One hundred thousand pesos (P but not more than five hundred thousand pesos (P or both, at the discretion of the court) shall be imposed on any person found guilty of online gender-based sexual harassment.
Employers or other persons with authority, influence or moral dominance in the workplace have a duty to prevent, deter or punish acts of sexual harassment in the workplace. Failure to act on reported acts of gender-based sexual harassment committed in the workplace. The Committee on Competence and Investigations (CODI) of all educational institutions handles gender-based sexual harassment and online sexual harassment according to the rules and procedures in their CODI handbook.
Minor students found to have committed gender-based sexual harassment shall be held liable only for administrative sanctions by the school as stated in their school handbook.
COMMON PROVISIONS
Any person violating subsection (a) of this section shall, upon conviction, be fined not less than five thousand pesos (P5,000.00) nor more than ten thousand pesos (P10,000.00). Any person violating subsection (b) of this section shall, upon conviction, be fined not less than ten thousand pesos (P10,000.00) nor more than fifteen thousand pesos (P15,000.00). The Department of Education (DepEd), the Commission on Higher Education (CHED) and the Technical Education and Skills Development Authority (TESDA) will conduct regular spontaneous inspections to ensure school principals comply with their obligations under this law.
Nothing in this Act shall prevent LGUs from enacting ordinances providing for more severe penalties for the acts set forth herein. The women and children's desks that now exist in all police stations will act and take into account all complaints contained in this law. They will coordinate with ASHE officers on the streets, security guards in private spaces open to the public and anti-sexual harassment officers in public and private offices or schools to enforce the provisions of this law.
All schools must educate students from elementary to high school about the provisions of this law and how to report gender-based issues in the streets, public spaces and online. LGUs are required to conduct safety audits every three (3) years to assess the effectiveness and efficiency of the implementation of this Act within their jurisdiction. Such sums as may be necessary for the carrying out of this Act shall be provided under the annual General Appropriations Act (GAA).
Any action arising from the breach of any of the provisions of this Act shall prescribe as follows:. There is hereby created a joint congressional oversight committee to monitor the implementation of this law and to Within ninety (90) days from the enactment 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.
Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation inconsistent with or inconsistent with the provisions of this Act is hereby repealed, amended or modified accordingly. This Act shall take effect fifteen days after its publication in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines. 8794 was passed by the Senate of the Philippines and the House of Representatives on February 6, 2019.
REPUBLIC ACT NO. 11313
IMPLEMENTING RULES AND REGULATIONS
Provided that for the purposes of the Act and these rules, a person who is detailed to an entity under a subcontracting or transfer agreement shall be considered an employee. As far as possible, CCTV footage will be made available to GBSH victims as part of the assistance package. The decision of the court may be part of the evidence that may be submitted by the complainant VAGJ or LTFRB.
However, provided that the adoption of an ordinance does not serve as a prerequisite for the implementation of the law by LGUs. The DILG shall ensure the full implementation of R.A. a) Inspection of LGUs if they have distributed or displayed in visible places a copy of the relevant law and ordinance. The DILG will provide avenues for the exchange of ideas between LGUs regarding their policies on the localization of the law.
The DILG will lead in the development of guidelines and mechanisms to ensure the effective implementation and monitoring of the law and may consult other relevant agencies and civil society organizations (CSOs) for such purpose. This will include guidelines on the interface of the law with the Katarungang Pambarangay system and the strengthening of the VAW desk. To respond to GBSH in streets and public spaces,. a) The Metro Manila Development Authority (MMDA), the local units of the PNP for the provinces, and the Women and Children Protection Desk (WCPD) of the PNP shall have the authority to apprehend offenders and enforce the law.
If the employer fails to act on the reports, the employer may be liable under section 19 (b) of the Act. Failure of CODI to act on reports shall be subject to penalties in the Code of Conduct to be prepared in accordance with Section 32 of these Rules. Pending the adoption or absence of such appeal procedures shall not prevent an educational institution or training institution from immediately contacting the GBSH under the Act and these Rules.
All members of CODI must undergo further training in gender sensitivity, gender-based violence, sexual. The school head or the head of the educational institution may include other groups in CODI, as appropriate. It must ensure the complainant's protection against retaliation and guarantee confidentiality to the fullest extent possible.
A supervisory authority consisting of agencies empowered to implement the Act and its rules is established to ensure effective implementation of the Act. In all cases, all costs charged or incurred during counseling are covered by the offender.
FINAL PROVISIONS
Acts that are legitimate expressions of local culture and tradition, as well as breastfeeding in public, will not be penalized. Expressions of indigenous culture and tradition include, among others, the wearing of traditional tribal or clan clothing that may show partial nudity. Provided that such expressions of local culture and tradition do not discriminate against women, girls and persons with different sexual orientations, gender identities and expressions. groups will refer to CSOs that have been recognized as such by any government agency or LGU and with a corresponding mandate and competence;.
In addition, these agencies will ensure that all forms of GBSH covered by law will be included in the communication plans and awareness campaigns. LGUs are required to conduct safety audits every three (3) years on their responsibilities as enumerated in Section 8 of the law and Section 9 of these rules to evaluate the effectiveness and efficiency of the implementation of the law within their jurisdiction. Such audits will be multi-sectoral and participatory, with consultations undertaken with schools, police officers and civil society organisations.
In conducting safety audits, the provinces shall assess the implementation of cities and municipalities within their jurisdictions, and the cities and municipalities shall assess the barangays in the exercise of their general supervision. The DILG and the agencies concerned shall assist the LGUs in developing indicators that will guide the safety audits that cover not only the scope of the people served by this law but also the effectiveness of the law. National and local governments shall be authorized to use their mandatory Gender and Development (GAD) budget as provided in R.A.
Any action arising out of the violation of any of the provisions of R.A. a) Criminal offenses committed under Article 11(a) of the Act expire after one (1) year; All administrative decisions, rules, regulations, memoranda, circulars, local ordinances, resolutions and other issuances or orders contrary to or inconsistent with the provisions of the Safe Spaces Act are hereby repealed, modified or amended accordingly. These implementing rules and regulations shall become effective fifteen (15) days after their publication in the Government Gazette or in a newspaper of general circulation in the Philippines.
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