Purpose.– The stated purpose of the Act is as stated in its 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[1]. In short, it aims to curtails acts of sexual harassment that are gender-based, in the realm of the internet, in the workplace, in educational institutions, as well as in the streets and other public spaces as defined by law.
Definition of terms.[2]– In penalizing gender-bases sexual harassment, whether done online or face to face, one should be guided by the following definitions:
- Catcalling.- refers to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs;
- Employee. – refers to a person, who in exchange for renumeration, 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;
- Employer. – refers to 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;
- 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;
- Gender-based online sexual harassment refers to an online conduct targeted at a particular person that causes or is 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;
- Gender identity and/or expression refers to the personal sense of identity as characterized. Among other, 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 a transgender;
- Public spaces refer to streets and alleys, public parks, school buildings, mall, 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;
- 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 of other, or to suffer emotional distress.
Gender-Based Streets and Public Spaces Sexual Harassment, how committed. – 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 acts.[3]
Acts constitutive of gender-based streets and public spaces sexual harassment. – 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.
Where committed. – 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, transportations terminals or public utility vehicles.
Duty of Establishments[4]. – 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;
They also obliged to install in their business establishments clearly-visible warning signs against gender-based public spaces sexual harassment, including 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 fragrante delicto and are required to immediately coordinate with local authorities.
Liability of Operators of Public Utility Vehicle Operators and Drivers[5] – Perpetrators who commit gender-based sexual harassment in public utility vehicles, in addition to the penalties provided under the Act, may have their licenses cancelled by the Land Transportation Office; the Land Transportation Franchising Regulatory Board may suspend or revoke the franchise of transportation operators who commit gender-based streets and public spaces sexual harassment acts. Where the perpetrator is the driver of the public utility 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 solidarily liable for the offenses of the employee.
Where the offenders are minors.[6] – 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”.
Implementing agencies for gender-based sexual harassment in streets and public spaces[7]. – 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; however, they must have undergone prior Gender Sensitivity Training. For overseeing the implementation of the Act and formulating polices that will ensure its implementations, the PCW, DILG and the DICT are the national bodies responsible.
Penalty for Gender-Based Sexual Harassment in Streets and Public Spaces.[8] –
- 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. –
- First offense: Fine of One thousand pesos (P1,000) 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;
- Second offense. – arresto mayor (6 to 10 days) or a fine of Three thousand pesos (P3,000.00)
- Third offense- punishable by arresto menor (11 to 30 days) and a fine of Ten thousand pesos (P10,000.00)
- 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-
- First offense- punishable by a fine of Ten thousand pesos (P10,000) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Training Seminar, to be conducted by the PNP in coordination with the LGU and the PCW;
- Second offense- punishable by arresto menor (11 to 30 days) or a fine of Fifteen thousand pesos (P15,000.00)
- Third offense- punishable by arresto mayor (1 month and 1 day to 6 months) and a fine of twenty thousand pesos (P20,000.00)
( c ) For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a) and (b), and 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).
- First offense. – arresto menor (11 to 30 days) or a fine of Thirty thousand pesos (P30,000.00), provided that includes attendance in a Gender Sensitivity Seminar to be conducted by the PNP in coordination with the LGU and the PCW;
- Second offense- arresto mayor (1 month and 1 day to 6 months) or a fine of fifty thousand pesos (50,000.00)
- Third offense. – arresto mayor in its maximum period or a fine of One hundred thousand pesos (P100,000.00).
What constitutes gender-based online sexual harassment[9]. – 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 though direct and private messages, invasion of one’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.
Penalty for gender-based online sexual harassment.[10] – The penalty of prision correctional in its medium period to a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), 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 report 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 for liability.- peace officers, when authorized by written orders of the court to use online records or any copy thereof as evidence in any civil, criminal investigation or trial of the crime, shall be exempted from liability form acts constitutive of gender-based online sexual harassment; 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 he 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 person for, or 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.
Qualified gender-based sexual harassment.[11] – the penalty next higher in degree will be applied in the following cases:
- 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;
- If the offended party is a minor, a senior citizen, or a person with disability (PWD), or a breastfeeding mother nursing her child;
- If the offended party is diagnosed with a mental problem tending to impair consent;
- 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
- 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.
What constitutes gender-based sexual harassment in the workplace.[12] – It includes the following:
- An act or a 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 forms of information and communication systems, that has or could have detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities;
- 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;
- A conduct that is unwelcome and pervasive 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
- 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 of the law mandates the employers and other persons of authority in the workplace to prevent, deter or punish the performance of acts of gender-based sexual harassment in the workplace; while Section 18 of the law contains provisions on how employees and co-workers shall treat each other in the workplace with the end in view of preventing gender-based sexual harassment.
Criminal liability of employers[13].- In addition to liabilities for committing acts of gender-based sexual harassment, employers may also be held liable for:
- Non-implementation of their duties under Section 17 of the Act, which shall be punished by a fine of not less than Five thousand pesos (P5,000.00) nor more than Ten thousand pesos (P10,000.00)
- Not taking any action on reported acts of gender-based sexual harassment committed in the workplace, punished by a fine of not less than Five thousand pesos (P5,000.00) nor more than Ten thousand pesos (P10,000.00)
Gender-based sexual harassment in educational and training institutions[14]. – 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.
Liability of School Heads. – [15] As with employers, school heads are also liable if they fail to implement mandatory policies under Section 22 of the law. 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).
If the perpetrator is a minor student, they shall be held liable for administrative sanctions by the school as stated in their school handbook.
Common provisions. – The law also mandates confidentiality[16] of the proceedings at any of the stages of investigation, prosecution and trial of an offense under the law, and the rights of a victim and the accused who is a minor shall be recognized. 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.[17] A victim of a 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, the fees to be charged to the perpetrator[18]. The impositions of penalties mentioned above are not without prejudice to any administrative sanctions that may be imposed if the perpetrator is a government employee.[19]
Exemptions. – Acts that are legitimate expressions of indigenous culture and tradition, as well as breastfeeding in public, shall not be penalized.[20]
[1] Sec. 2, RA 11313
[2] Sec. 3, RA 11313
[3] Sec. 4, 1st. par., RA 11313
[4] Sec. 5, RA 11313
[5] Sec. 6, RA 11313
[6] Sec. 7, RA 11313
[7] Section 10, RA 11313
[8] Sec. 11, RA 11313
[9] Sec. 12, RA 11313
[10] Sec. 14, RA 11313
[11] Sec. 15, RA 11313
[12] Sec. 16, RA 11313
[13] Sec. 19, RA 11313
[14] Sec. 21, RA 11313
[15] Sec. 23, RA 11313
[16] Sec. 26, RA 11313.
[17] Sec. 27, RA 11313
[18] Sec. 28, RA 11313
[19] Sec. 29, RA 11313
[20] Sec. 31, RA 11313