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Republic of the Philippines ® pareDEC_1,1
HOUSE OF REPRESENTATIVES TME
Quezon City 1, BY:
“, S
SEVENTEENTH CONGRESS Ke We
Second Regular Session

HOUSE BILL NO. 8770

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

Every Filipino, especially women and minors, has the right to feel safe in
his/her streets, schools, offices, public utility vehicles, and other public spaces. The
State is mandated to exercise all powers necessary to ensure that its people are
safe within its jurisdiction. While there are laws in place, such as the Anti-Rape Law
of 1997 which amended, expanded, and reclassified the crime of rape as a crime
against persons under the Revised Penal Code (RPC) ~ one Filipino is still raped
every hour and thousands suffer from various acts and forms of sexual harassment’.

The RPC likewise enumerates other crimes of perversion that fall outside the
ambit of rape, but are nonetheless tantamount to sexual harassment. The current
laws in place do not differentiate the acts of sexual harassment done in private
spaces from those committed in public, or provide for their penalties.

We are hereby compelled to propose this bill in recognition of the greater
perversity and disrespect of the law that is manifest when one sexually harasses
another in public spaces. Under this bill, tagged as the Safe Streets, Workplaces
and Public Spaces Act of 2018, unwanted comments, gestures, and actions forced
‘on a person in a public space without his/her consent that intend to sexually harass
or result in harassment, fear, or intimidation the basis of the victim's shall be
penalized. Graver penalties shall be imposed on individuals who take advantage of
their position or authority in performance of such acts.

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against-women-,png


There is an urgent call to intensify our sexual harassment prevention efforts in
all public venues. This bill answers the same by incorporating not only penal
sanctions, but also educational policies. Upon effectivity of the law, courses in high
school and college shalll include age-appropriate educational modules against street
and public spaces harassment to be developed by the Department of Education
(DepEd), the Commission on Higher Education (CHED), the Technical Education
and Skills Development Authority (TESDA) and Philippine Commission on Women
(PCW.

For a country that prides itself in the apparent equality between men and
women in the workplace and in society, statistics consistently reveal that thousands
of Filipinas remain unsafe and have fallen victims to sexual harassment of one kind
or the other. It is high time that we put a stop to this.

In light of the foregoing premises, the swift passage of this bill is humbly
sought.

LUIS IUND /fRAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS.
‘Second Regular Session

HOUSE BILL No8770

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
DEFINING AND PENALIZING STREET SEXUAL HARASSMENT AND PUBLIC
SPACES HARASSMENT, EXPANDING THE DEFINITION OF SEXUAL
HARASSMENT, AND AMENDING FOR THIS PURPOSE REPUBIC ACT NO. 7877,
AND FOR OTHER PUEPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. - This act shall be known as the “Safe Streets, Workplaces and
Public Spaces Act of 2018”.

SEC. 2. Declaration of Principles. - \t 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.

ARTICLE 1
STREET AND PUBLIC SPACES HARASSMENT

SEC. 3. Street Sexual Harassment and Public Spaces Harassment. — Street
sexual harassment and public spaces harassment is constitutive of unwanted
comments, gestures, and actions forced on a person in a public space without their
consent, including but not limited to unwanted cursing, wolf-whistling, cat-calling,
leering, persistent requests for someone’s name, number and destination after clear
refusal, persistent telling of sexual jokes, use of sexual names, comments and
demands. Following, flashing, public masturbation, groping, stalking, and all
analogous cases of sexual harassment and/ or assault: Provided, that legitimate
expressions of indigenous culture and tradition with no intent to harass shall not be
penalized. Public spaces shall include but are not limited to, streets and alleys,


Public parks, schools, government buildings, malls, bars, restaurants, transportation
terminals, public markets, and public utility vehicles.

SEC. 4. Specific Arts and Penalties. — The following acts constitutive of street
sexual harassment and public spaces harassment will be penalized under the
corresponding schedule:

(a) Light violations. - Cursing, wolf-whistling, cat-calling, leering; persistent
requests for name and contact details, or the persistent telling of sexual jokes:

1) First offense shall be punished by a fine of One thousand pesos
(P1,000.00) and/or community service of eight (8) hours inclusive of a
Gender Sensitivity Seminar to be conducted by the Philippine National
Police (PNP) in coordination with the local government unit (LGU) and
the Philippine Commission on Women (PCW);

Second offense shall be punished by arresto menor (six to ten days) or
a fine of Two thousand pesos (P2,000.00);

Third offense shall be punished by arresto menor (eleven to thirty days)
or a fine of Three thousand pesos (P3,000.00).

2)

3)

(b) Medium violations. - Making offensive body gestures at someone,
exposing private parts for the sexual gratification of the perpetrator with the effect of
demeaning, harassing, threatening or intimidating the offended party:
1) First offense shall be punished by a fine of Three thousand pesos
(P3,000.00) and/or community service of eight (8) hours inclusive of a
Gender Sensitivity Seminar, to be conducted by the PNP in
coordination with the local government unit and the PCW;
2) Second offense shall be punished by aresto menor (eleven to thirty
days) or a fine of Four thousand pesos (P4,000.00);
3) Third offense shall be punished by arresto mayor (one to six months)
or a fine of Five thousand pesos (P5,000.00).

(c) Severe violations — Stalking; all the acts mentioned in paragraphs (a) and
(b), when accompanied by touching, pinching or brushing against the genitalia, anus,
groin, breasts, inner thighs, face, or buttocks even when not accompanied by acts
mentioned in paragraphs (a) and (b):

1) First offense shall be punished by aresto menor (eleven to thirty days)
or a fine of Four thousand pesos ( P4,000.00): Provided, That it
includes attendance in a Gender Sensitivity Seminar, to be conducted
by the PNP in coordination with the local government unit and the
PCW;

2) Second offense shall be punished by aresto mayor (one to six months)
or a fine of Five thousand pesos (P5,000.00);

3) Third offense shall be punished by aresto mayor (one to six months) or
a fine of Ten thousand pesos (P10,000.00).


Above penalties are without prejudice to administrative sanctions that may be
imposed if the perpetrator is a government employee. When the perpetrator is a
stranger to the victim, absence of consent is presumed.

SEC. 5. Authority to Apprehend Street Sexual Harassment Perpetrators for
Light and Medium Offenses. — There shall be anti-sexual harassment enforcers (A-
SHE) who will be deputized to receive complaints on the street and immediately
apprehend the offender if the same was caught in flagrante delicto. As such, the
Philippine National Police (PNP) will deputize the MMDA enforcers for Metro Manila,
and the local units of the PNP for other provinces, to act as A-SHEs. For light and
medium offenses, A-SHEs may immediately impose the fine for, or issue orders for
community service. The A-SHE unit, together with the Women and Children's Desk
of PNP stations, will keep a ledger of offenders of this Act for purposes of
determining if the offender is a first, second, or third offender.

SEC. 6. Qualified Street Sexual Harassment and Public Spaces 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 public utility vehicle (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;

(0) 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

(d) If the act takes place in the premises of a government agency offering
front-line services to the public and the perpetrator is a government employee.

SEC. 7. Sexual Harassment in Restaurants, Bars, 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 harassment. These establishments should
provide assistance to victims of harassment by helping coordinate with local police
authorities in the immediate aftermath of the reported harassment, making CCTV
footage available, and providing a safe gender-sensitive environment to encourage
victims to report 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 public spaces harassment, including the anti-harassment
hotline number in bold letters, and shall designate at least one anti-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. Failure to comply with the provision shall result in
the non-renewal of business permit.

SEC. 8. Sexual Harassment in Public Utility Vehicles (PUVs). — In addition to
penalties in Section 4 and Section 6 (a) of this Act, the Land Transportation Office
(LTO) may also cancel the license of the perpetrators, and the Land Transportation
Franchising and Regulatory Board (LTFRB) may suspend or revoke the franchise of
transportation operators, sexual harassment in PUVs where the perpetrator is the
driver of the vehicle, but not its owner/operator. It shall also create a presumption of
negligence on the part of the owner/operator of the vehicle in the selection and
supervision of employees and shall render the former solidarily liable for the offenses
of the latter.

SEC. 9. Duties of Local Government Units (LGUs). - LGUs shall bear primary
responsibility in enforcing the provisions under Article | of this Act. LGUs may:

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 sexual harassment in educational institutions,
such as information campaigns and anti-sexual harassment seminars;

d)

Discourage and impose fines on acts of sexual harassment as defined in this
Act; and

e) Coordinate with the Department of Interior of Local Government (DILG) on the
implementation of this Act.

SEC. 10. Role of the DILG. - The DILG shall ensure the full implementation of this
Act by:
a) Inspecting LGUs if they disseminated or posted in conspicuous places 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

¢) Providing capacity-building and training activities to build the capability of local
government officials to implement this Act in coordination with the PCW, the


Local Government Academy (LGA) and Development Academy of the
Philippines (DAP).

ARTICLE Il
WORKPLACE HARASSMENT

Sec. 11. Sexual Harassment in the Workplace. — Section 3 of Republic Act No.
7877 is hereby deleted and replaced with the following provision:

THE CRIME OF SEXUAL HARASSMENT SHALL BE DEFINED AS:

1. AN ACT OR SERIES OF ACTS INVOLVING ANY UNWELCOME
SEXUAL ADVANCES, REQUESTS OR DEMAND FOR SEXUAL FAVORS OR
ANY ACT OF A SEXUAL NATURE, WHETHER DONE VERBALLY, PHYSICALLY
OR THROUGH THE USE OF TECHNOLOGY SUCH AS TEXT MESSAGING OR
ELECTRONIC MAIL OR COMMUNICATION, THAT HAS OR COULD HAVE A
DETRIMENTAL EFFECT ON THE CONDITIONS OF AN _INDIVIDUAL'S
EMPLOYMENT OR EDUCATION, JOB PERFORMANCE OR OPPORTUNITIES;

2. A CONDUCT OF A 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 COMMUNICATION; AND

3, A CONDUCT THAT IS UNWELCOME AND PERVASIVE AND CREATES
AN INTIMIDATING, HOSTILE OR HUMILIATING ENVIRONMENT FOR THE
RECIPIENT;

PROVIDED, THAT THE CRIME OF 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 TOA
TRAINER BY A TRAINEE

SEC. 12. Duties of Employers. - Employers or other persons of authority, influence
or moral ascendancy in a work place shall have the duty to prevent, deter, or Punish
the Performance of acts of sexual harassment in the work place, 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 work place;

b) Provide measures to prevent sexual harassment in the work place, such
as the conduct of anti-sexual harassment seminars;

c) Create an independent internal mechanism to investigate and address
complaints of 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) Be headed by a woman and not less than half of its members should
be women;

3) Members should be impartial and not connected or related to the
alleged perpetrator;

4) Investigate and decide on complaints within ten (10) days or less;

5) Observe due process;

6) Protect the complainant from retaliation; and

7) Guarantee the confidentiality to the greatest extent possible;

dg)

Provide and disseminate, in consultation with all persons in the

work place, a code of conduct or work place policy which shall:

1) Expressly reiterate the prohibition on sexual harassment;

2) Describe the procedures of the internal mechanism created
under Section 12 (c) of this Act; and

3) Set administrative penalties.

SEC. 13. Duties and Employees and Co-Workers. - Employees and co-
workers shalll have the duty to:

a)Refrain from committing acts of sexual harassment;
b)Discourage the conduct of sexual harassment in the work place; and

©)Provide emotional or social support to fellow employees, co-workers,
colleagues or peers who are victims of sexual harassment.

SEC. 14. Liability of Employers. - In addition to liabilities for committing acts of
sexual harassment, employers may also be held responsible for;
a) Non-implementation of their duties under Section 12 of this Act, as provided
in the penal provisions; or
b) Not taking action on reported acts of sexual harassment committed in the
work place;

SEC. 15. 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 Ill
SEXUAL HARASSMENT IN EDUCATIONAL OR TRAINING INSTITUTIONS

SEC. 16. Scope and Coverage - This Article shall encompass all acts of gender-
based harassment as defined under this Act when committed in public and private
educational facilities, including schools, universities and technical-vocational
institutions. It shall cover 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, as well as


students. Each school, whether grade school, high school, tertiary, or vocational
institutions, shall designate an officer-in-charge of receiving complaints regarding
violations of this Act, and shall ensure that complainants are provided with a gender-
sensitive environment that is both respectful of complainants' needs and conducive
to truth-telling Even if an individual does not want to file a complaint or does not
request that the school take any action on the student's behalf, if a school knows or
reasonably should know about possible sexual harassment or sexual violence, it
must promptly investigate to determine what occurred and then take appropriate
steps to resolve the situation. If a school knows or reasonably should know about
sexual harassment or sexual violence that creates a hostile environment, the school
must take immediate action to eliminate the sexual harassment or sexual violence,
prevent its recurrence, and address Its effects.

SEC. 17. Duties of School Heads. - School heads shall have the following duties:

a) Disseminate or post in a conspicuous place a copy of this Act to all
persons in the educational institution;

b) Provide measures to prevent sexual harassment in educational institutions,
such as information campaigns;

c) Create an independent Internal mechanism to investigate and address
complaints of 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;

Be headed by a woman and not less than half of its members should
be women;

Members should be impartial and not connected or related to the
alleged perpetrator;

4) Investigate and decide on complaints within ten (10) days or less;

5) Observe due process;

6) Protect the complainant from retaliation; and

7) Guarantee confidentiality to the greatest extent possible.

2

3)

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 sexual harassment;
2) Describe the procedures of the internal mechanism created under this
Act, and
3) Set administrative penalties.

SEC. 18. Liability of School Heads. - \n addition to liability for committing acts of
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 17 of this Act, as


provided in the penal provisions; or

b) Failure to act on reported acts of sexual harassment committed in the
educational institution.

SEC. 19. Liability of Students. Minor students who are found to have committed
acts of sexual harassment shall only be held liable for administrative sanctions by
the school as stated in their school handbook.

SEC. 20. 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 IV
FINAL PROVISIONS

SEC. 21. PNP Women and Children’s Desks. — The Women 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 A-SHE officers on the street, security guards in
Privately-owhed 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. 22. Educational Modules. - Courses in high school and college shall include
age-appropriate educational modules against street and public spaces harassment,
such modules to be developed by the DepEd, CHED, TESDA and PCW.

SEC. 23. Safety Audits. - LGUs are required to conduct safety audits every three
years to determine effective implementation of the Act within their jurisdictions. Such
audits shall be multi-sectoral and participatory, with consultations undertaken with
schools, police officers, and civil society organizations.

SEC. 24. 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
(20%) allocation of their annual internal revenue allotments for Local Development
Projects as provided under Section 287 of the Republic Act 7610, otherwise known
as the "Local Government Code of 1991".

SEC. 25. 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. 26. 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. 27. Effectivity. - This Act shall take effect fifteen (15) days after its Publication

in the Official Gazette or in any two (2) newspapers of general circulation in the
Philippines.

Approved,