Republic Act 11313: Safe Spaces Act

Republic of the Philippines

Congress of the Philippines
Metro Manila
Seventeenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand eighteen

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 Philippines in Congress

assembled:

Section 1. Short Title. – This Act shall be known as the “Safe Spaces Act”.

Sec. 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.

Sec. 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 on the 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.

ARTICLE I
GENDER-BASED STREETS AND PUBLIC SPACES SEXUAL HARASSMENT

Sec . 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.

Sec. 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.

Sec. 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 solidarily liable for the
offenses of the employee.

Sec. 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″.

Sec. 8. Duties of Local Government Units (LGUs). — local government units (LGUs)
shall bear prim ary 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.

Sec. 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).

Sec. 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 counsehng support services.

Sec. 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, cursing, 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 (PI,000.00) and
community service of twelve 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 (P3,000.00)

(3) The third offense shall be punished by arresto menor (11 to 30 days) and a fine of Ten
thousand pesos (P1O, 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 be punished by a fine of Ten thousand pesos (P10,000.00) and
community service of twelve 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 (P15,000.00);

(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 (P20,000.00).

(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 menor (11 to 30 days) or a fine of Thirty
thousand pesos (P30,000.00), 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 (P50,000.00);

(3) The third offense shall be punished by arresto mayor in its maximum period or a fine
of One hundred thousand pesos (P 100,000.00)

ARTICLE II
GENDER-BASED ONLINE SEXUAL HARASSMENT

Sec. 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.

Sec. 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. 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.

Sec. 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
(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 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.

ARTICLE III
QUALIFIED GENDER-BASED STREETS, PUBLIC SPACES AND ONLINE
SEXUAL HARASSMENT

Sec. 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.

ARTICLE IV
GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE
Sec. 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.

Sec. 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 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.

Sec. 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 gender-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.

Sec. 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 (P5,000.00) nor more than Ten
thousand pesos (P10,000.00).

Any person who violates subsection (b) of this section, shall upon conviction, be
penalized with a fine of not less than Ten thousand pesos (P10,000.00) nor more than
Fifteen thousand pesos (P 15,000.00).

Sec. 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.

ARTICLE V
GENDER-BASED SEXUAL HARASSMENT IN EDUCATION AND TRAINING
INSTITUTIONS

Sec.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.

Sec. 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.

Sec. 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 other 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 (P5,000.00) nor more than Ten
thousand pesos (P10,000.00).

Any person who violates subsection (b) of this section, shall upon conviction, be
penalized with a fine of not less than Ten thousand pesos (P10,000.00) nor more than
Fifteen thousand pesos (P15,000.00).
Sec. 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.

Sec. 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.

ARTICLE VI
COMMON PROVISIONS

Sec. 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.

Sec. 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.

Sec. 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.
Sec. 29. Administrative Sanctions. —Above penalties are without prejudice to any
administrative sanctions that may be imposed if the perpetrator is a government
employee.

Sec. 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.

Sec. 31. Exemptions. —Acts that are legitimate expressions of indigenous culture and
tradition, as well as breastfeeding in public shall not be penalized.

ARTICLE 
VII FINAL PROVISIONS

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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 their 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 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 41. Effectivity. – 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.
Approved,

GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 1558 and House Bill No. 8794 was
passed by the Senate of the Philippines and the House of Representatives on February 6,
2019.