[ IRR of REPUBLIC ACT NO. 11313, October 28, 2019 ]
THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11313 OR "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", OTHERWISE KNOWN AS THE "SAFE SPACES ACT"
a) Catcalling, wold-whistling, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs;
b) Persistent uninvited comments or gestures on a person's appearance;
c) Relentless requests for personal details;
d) Statement of sexual comments and suggestions;
e) Public masturbation or flashing of private parts, groping, making offensive body gestures at someone, and other similar lewd sexual actions;
f) Any advances, whether verbal or physical, that is unwanted and has threatened one's sense of personal space and physical safety. This may include cursing, leering, and intrusive gazing, and taunting;
g) Persistent telling of sexual jokes, use of sexual names; and
h) Stalking.
1) Installation in their business establishments of clearly visible warning signs against gender-based public spaces sexual harassment, including the anti-sexual harassment hotline number(s), which may include that of the nearest police station, in bold letters. The warning signs must be readable, written in a language that is understandable by customers, and placed in a conspicuous area within the vicinity of the establishment.
2) Designation of at least one (1) anti-sexual harassment officer to receive GBSH complaints. Provided that, the offer must be competent and knowledgeable on GBSH and on the appropriate assistance to be provided to victims.
1) Provision of assistance to victims of GBSH by coordinating with local police authorities immediately after GBSH is reported. This includes accompanying the victim to the police authorities, wherever necessary;
2) Where it is required, and/or whenever possible, installation of functional closed-circuit television (CCTV) cameras. To the extent possible, the CCTV footages shall be made available to victims of GBSH as part of the package of assistance;
(3) Making CCTV footage available when ordered by the court. This is without prejudice to the prerogative/practice of establishments to make CCTV footage accessible even without a court order;
4) Provision of a safe gender-sensitive environment to encourage victims to report GBSH as soon as it happens. This includes, among others, having a secure and private area where the victim can narrate the events of GBSH, and whenever possible, providing an online platform for reporting GBSH incidents;
5) Development of protocols to be followed in cases of GBSH in their establishment. This will include procedures to speedily and effectively address reports and/or complaints of instances of GBSH. The complaint may be made immediately in person or online to the management of these places that are open to the public.
a) When, in the presence of the private person, the person to be arrested has committed, is actually committing or is attempting to commit GBSH; and
b) When GBSH has in fact just been committed, and the private person has personal knowledge of facts indicating that the person to be arrested has committed it.
a) Pass on ordinance that shall localize the applicability of the law within sixty (60) days from its effectivity. Such an ordinance shall consider and address the particular circumstances prevalent in their respective jurisdictions.
Ordinances passed pursuant to this law shall, to the extent possible: contain measures that will prevent the occurrence of GBSH such as provision of gender sensitivity training (GST), orientation on the law, creation of offices and appointment of people that will be responsible to address GBSH, including instances falling within the Katarungang Pambarangay system; create measures to efficiently respond to the issue such as clear protocols of reporting and responding to GBSH, and programs to help the victims as well as perpetrators; and ensure that there are mechanisms, people and budget to effectively respond to GBSH. Provided, however, that the passage of an ordinance shall not serve as a prerequisite for the implementation of the law by LGUs. The pendency of proceedings to adopt such local ordinance shall not be construed as a bar for LGUs from implementing the law;
b) Disseminate or post in conspicuous places a copy of the law and the corresponding ordinance. The LGUs may come up with information, education, and communication (IEC) materials on the law and/or ordinance which may be in their respective local languages;
c) Provide measures to prevent GBSH in educational institutions, such as information campaigns and anti-sexual harassment seminars;
d) Discourage GBSH and impose fines on acts of GBSH as defined in the law;
e) Establish an anti-sexual harassment hotline;
The LGU will ensure that the personnel assigned to attend the hotline are knowledgeable on GBSH and the forms of assistance made available by the LGU. The hotline shall have the following functions, among others:
1) Receive and record reports/complaints; and
2) Act as a referral mechanisms for complainants;
f) Coordinate with the Department of the Interior and Local Government (DILG) on the implementation of the law;
g) Establish a referral system for complainants of GBSH in streets and public spaces. This may form part of an existing referral system for complainants of other forms of gender-based violences;
h) Provide training on the law for the Punong Barangay and members of the Lupong Tagapamayapa in cases covered by the Katarungang Pambarangay system, for traffic enforces under their jurisdiction, and adopt training modules for concerned LGU personnel down to the barangay level;
i) Set up Anti-Sexual Harassment (ASH) desks in all barangay, city and municipal halls, preferably staffed by a woman, VAW Desks may also serve as the ASH desks and the same shall be strengthened, following the guidelines to be set by the DILG; and
j) Create a mechanism for handling and documentation of complaints including those in cases covered by the Katarungang Pambarangay system.
a) Inspecting LGUs if they have disseminated or posted in conspicuous places a copy of the law and the corresponding ordinance. This may be done through monitoring LGU compliance, and other reportorial mechanisms;
b) Conducting and disseminating surveys and studies on best practices of LGUs in implementing the law. The DILG shall provide avenues for exchanges of ideas among LGUs concerning their policies on the localization of the law;
c) Providing capacity-building and training activities to build the capability of local government officials to implement the law in coordination with the Philippine Commission on Women (PCW), the Local Government Academy (LGA) and the Development Academy of the Philippines (DAP); and
d) Assisting the LGUs in localizing the applicability of the law. The DILG shall lead in the development of guidelines and mechanisms to ensure the effective implementation and monitoring of the law and for such purpose, may consult other relevant agencies and civil society organizations (CS)s). This shall include guidelines on the interface of the law with the Katarungang Pambarangay System and the strengthening of the VAW desk.
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 perpetrators and enforce the law.
The PNP and MMDA, shall ensure that their Anti-Sexual Harassment Enforcers (ASHE) undergo gender sensitivity training (GST), which shall cover topics, among others, gender, sexual orientation, gender identity, gender expression, sources of gender discrimination, the roles of different institutions in society in perpetuating discrimination, sexual orientation, gender identity, gender expression, the different manifestations of discrimination, including sexual harassment, and the solutions to minimize or eliminate such forms of discrimination.
LGUs may designate their traffic enforces to respond to GBSH committed in the streets. The LGUs shall ensure that such designated traffic enforcers will undergo GST as mentions above. In the case of special economic zones, its police shall also be tasked to apprehend perpetrators and the administrators of these areas shall ensure that its police force will undergo GST.
The authority vested on MMDA, local units of PNP, WCPD of PNP and the local traffic enforcers under the preceding paragraphs is suppletory to the authority vested on appropriate persons under existing rules on law enforcement, apprehension, and arrest.
b) The MMDA and the PNP shall deputize its enforcers to be Anti-Sexual harassment Enforcers (ASHE). The ASHE shall:
1) Receive complaints on the street;
2) Immediately apprehend a perpetrator if caught in flagrante delicto or in the act of committing the crime;
3) Immediately bring the perpetrator to the nearest PNP station; and
4) Together with the Women's and Children's Desk of PNP stations, keep a ledger of perpetrators who have committed acts prohibited under the law for purposes of determining if a perpetrator is a first-time, second-time or third-time offender. The Women's and Children Desk shall forward its records to the Women and Children Protection Center (PNP WCPC).
c) The DILG shall ensure that all local government bodies expedite the receipt and processing of complaints by setting up an Anti-Sexual harassment Desk in all barangays, municipal 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. Every city and municipality shall set-up an anti-sexual harassment desk and ensure the assignment of a person-in-charge thereof.
d) The DILG and the DSWD in coordination with the Department of Health (DOH) and the PCW shall coordinate if necessary to ensure that LGUs facilitate the access of victims to proper psychological counseling support services and other services, in consonance with R.A. No. 11036 or the Philippine Mental Health Law. For this purpose, the LGUs may tap other service providers.
1) The first offense shall be punished by a fine of One thousand pesos (P1,000.00) 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. The PNP shall issue the certificate of completion of community service;
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 (P10,000.00).
1) The first offense shall be punished by a fine of Ten thousand pesos (P10,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar, to be conducted by the PNO in coordination with the LGU and the PCW. The PNP shall issue the certificate of completion of community service;
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 fine of Twenty thousand pesos (P20,000.00).
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 in includes attendance in a Gender Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and the PCW. The PNP shall issue the certificate of completion of community service;
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 (P100,000.00).
a) Physical psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages;
b) Invasion of the victim's privacy through cyberstalking and incessant messaging;
c) Uploading and sharing without the consent of the victim any form of media that contains photos, voice, or video with sexual content;
d) Any unauthorized recording and sharing of any of the victim's photos, videos or any information online;
e) Impersonating identities of victims online or posting lies about victims to harm their reputation; or
f) Filing false abuse reports to online platforms to silence victims.
a) The development of a monitoring and evaluation system, including a database for gender-based online sexual harassment, tools and/or process to see whether the law is effectively being implemented.
b) The recommendation of policies, law, issuances, and measures for the effective implementation and enforcement of the provisions of gender-based online sexual harassment, based, among others, on the results of the monitoring and evaluation.
QUALIFIED GENDER-BASED STREETS,
PUBLIC SPACES AND ONLINE SEXUAL HARASSMENT
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 offender party is diagnosed with a mental condition 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. For the purpose of these rules, persons who belong to reserve units of the AFP are considered to be members of the uniformed services only when they are undergoing active duty training or are mobilized upon order of the President.
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.
a) An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual factors 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 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.
Dissemination of the law may be done through, among other:
1) Sending copies of the law and its rules through official notices or means of communications to heads of different departments, bureaus, offices, units or such subdivisions in a workplace for proper information of their members;
2) Posting a copy of the law and its rules online or in the official website of the workplace;
3) Conducting orientations on the law and its rules and providing its employees with copies in print or electronic form as well as preparing information material's such as primers, frequently asked questions and the like.
Trainings on gender sensitivity, orientations on gender-based violence, and other relevant topics may also be conducted, in addition to the conduct of anti-sexual harassment seminars. Such trainings and orientations, when conducted, should form part of their staff development and basic knowledge of employees;
1) Expressly reiterate the prohibition on GBSH;
2) Describe the procedures of the internal mechanism created under Section 17(c) of the law; and
3) Set administrative penalties.
a) Refrain from committing acts of GBSH;
b) Discourage the conduct of GBSH in the workplace;
c) Provide acts of GBSH witnessed in the workplace. Reports may be made by any person to the employer or any agent of the employer. A report may be anonymous and, unless made by the victim in her/his own name, shall not constitute a formal complaint. Any such report shall constitute sufficient notice to the employer who shall thereafter verify and refer the matter to the CODI. An employee may choose to report directly to the CODI, in which case the CODI guidelines and procedures shall be observed.
a) Non-implementation of their duties under Section 17 of the law, as provided in penal provisions;
b) Not taking action on reported acts of GBSH committed in the workplace.
a) Assign an office or a person that must be readily accessible to receive complaints on GBSH. The educational and training institutions shall ensure that received complaints are processed in a manner that is most efficient and convenient to the complainant. The officer-in-charge shall also determine, upon receipt of the complaint, if the offended party needs immediate assistance, such as counseling, and/or medical services, and the same shall, to the extent possible, be provided, should the complainant choose to avail of such. The complaints shall be forwarded to the CODI within forty-eight (48) hours from receipt therefrom.
The office or the person assigned to receive complaints shall be knowledgeable about gender, gender-based violence such as sexual harassment, mental health, counseling and other relevant knowledge and skills in handling the subject class. The task will be part of the usual assignment of the office or the person, and will be included in the determination of salaries and benefits, if applicable, and the performance shall be part of any regular work-related assessments.
b) Ensure confidentiality in the process of accepting the complaint. The area where the offended party may stay to receive counseling or narrate the incident shall be comfortable and safe, keeping in mind the privacy and general well-being of the offended party.
For purposes of these rules, educational and training institutions, include those that offer courses or programs online, alternative learning systems and other non-conventional forms of higher education. Government agencies with educational or training academies either for its employees or for the public are also covered by these rules. These rules shall also cover educational and training institutions with their own charter, or those created by law.
Students refer to those enrolled full-time or part-time in regular courses or short-term and special training offered by the educational or training institutions.
Notwithstanding this provision, an offended party may directly file a complaint with the CODI.
Dissemination of the law may be done through, among others:
1) Sending copies of the law and its Rules through official notices or means of communications among heads of different departments, bureaus, offices, units or such subdivisions in an educational or training institution for proper information to members;
2) Posting a copy of the law and its Rules online or in the official website of the educational or training institution;
3) Conducting orientation on the law and providing copies in print or electronically, as well as preparing information materials such as primers, frequently asked questions, and the like.
1) Expressly reiterate the prohibition on GBSH;
2) Prescribe the procedures of the internal mechanism created under the law; and
3) Set administrative penalties;
a) Non-implementation of their duties under Section 22 of the law, as provided in the penal provisions; or
b) Failure to act on reported acts of GBSH committed in the educational institution.
1) Employers or employees to customers or clients of the establishment or agency;
2) Employers or employees in a company, office, or agency acting as a Partner On-The-Job-Training Institution to student interns, if the Code of Conduct covers the workplace;
3) Student interns to employers, employees, or workers in a company, office or agency that is acting as a Partner On-The-Job-Training Institutions, if the Code of Conduct covers the educational or training institutions;
a) For workplaces, the CODI shall be composed of at least one representative each from the management, the employees from the supervisory rank, the rank-and-file employees, and the union/s or employees association, if any. The representatives of the workers shall be selected among them and by vote. The employer shall also ensure that there will be a sufficient number of people who may immediately replace any member of the CODI in case s/he inhibits from any case, or when needed, so as not to cause any delay in the process being undertaken.
b) For educational and training institutions, the CODI shall be composed of at least one (1) representative each from the school administration, the trainers, instructors, professors or coaches and student or trainees, students and parents, as the case may be. The school head or the head of the training institution may include other groups in the CODI as may be applicable. It shall be ensured that there is equal representation of persons of diverse sexual orientation, gender identity and/or expression, as far as practicable. Aside from the regular member of the CODI, the school head or the head of training institution must designate their respective permanent alternate who shall act on their behalf in case of absence of the regular member and must have the authority to render decision so as not to delay the proceedings being undertaken and to ensure continuity of deliberation.
c) Every CODI shall be headed by a woman and not less than half of its member shall be women.
d) Every CODI shall be composed of members who should be impartial and not connected or related to the alleged perpetrator within the fourth degree of consanguinity or affinity, and have no prior record of involvement as a respondent, defendant or accused in any case of whatever nature on Sexual Harassment. Further, in case of relation by consanguinity or affinity to either the complainant or respondent, the CODI member shall inhibit from participating in any part of the proceeding, or be substituted by another.
The complainant or the respondent my request a member of the CODI to inhibit, or the CODI member may, on his/her initiative, cause the inhibition based on conflict of interest, manifest partiality, and other reasonable grounds. Upon such a grant of inhibition, the member shall immediately be replaced so as not to cause a delay in the proceedings.
The CODI shall, at all time, observe due process and, investigate and decide on written complaints within ten (10) working days or less upon receipt thereof. It shall ensure the protection of the complainant from retaliation and guarantee confidentiality to the greatest extent possible. The ten-day period will not include the period of appeal which shall be available to either party.
The CODI, in accordance with the Code of Conduct, shall ensure that the respondent is given the opportunity to be properly notified of and respond to the charge/s and that parties are given information on the hearings and its outcomes. An appeal process will be ensured.
e) The CODI shall ensure the protection of a complainant from retaliation without causing her/him any disadvantage, diminution of benefits or displacement, and without compromising his/her security of tenure.
It shall also guarantee gender-sensitive handling of cases, and confidentiality of the identity of the parties and the proceedings to the greatest extent possible.
All workplaces, educational and training institutions that have existing Code of Conduct or Policy on Sexual Harassment, including a CODI established under Republic Act No. 7877 will heretofore amend them to conform to the law and these rules.
Notwithstanding the duty of every employer to develop CODI guidelines, it may consider as part thereof the guidelines, policies or pertinent issuances on sexual harassment developed by the DOLE for the effective implementation of the law in the private sector. The public sector shall comply with the standards set by the CSC.
School heads or heads of training institutions covered by CHED, DepEd, and TESDA shall comply with the standards set by them, accordingly.
Nothing in these rules prevents the victim from seeking redress in the appropriate courts of justice.
RULE IX
OVERSIGHT MECHANISM
SEC. 34. Oversight Mechanism. - An oversight body composed of agencies mandated to implement the law and its rules is hereby created to ensure the effective implementation of the law. The Philippine Commission on Women, the Department of the Interior and Local Government and the Department of Information and Communications Technology shall be co-chairs with the following as members:
a) Civil Service Commission;
b) Commission on Human Rights;
c) Department of Justice;
d) Department of Education;
e) Department of Labor and Employment;
f) Department of Social Welfare and Development;
g) Department of Health;
h) Commission on Higher Education;
i) Technical Education and Skills Development Authority;
j) Land Transportation Office;
k) Metro Manila Development Authority;
l) Land Transportation Franchising and Regulatory Board;
m) Philippine National Police;
n) National Bureau of Investigation;
o) Cybercrime Investigation and Coordinating Center; and
p) Three (3) CSOs active on issues of gender-based violence
The oversight shall have the following functions:
1) Harmonize the initiatives in implementing the law and ensure that there are no overlaps in activities;
2) Ensure and facilitate coordination and collaboration among agencies involved;
3) Develop a monitoring and evaluation system including a database for all the forms of Gender-Based Sexual Harassments in the law, tools, and/or process to see whether the law is effectively being implemented;
4) Recommend policies, guidelines, or measures to ensure effective implementation of the law;
5) Develop and recommend strategies for the prevention of GBSH;
6) Formulate a comprehensive and integrated program to prevent and suppress GBSH;
7) Include other agencies and CSOs/NGOs to the oversight body as may be necessary;
8) Meet at least twice a year, or as often as may be necessary; and
9) Perform such other functions necessary to attain the purposes and objectives of the law.
RULE X
COMMON PROVISIONS
SEC. 35. Constitutionality. -At any stage of the investigation, prosecution, and trial of an offense under R.A. No. 11313, the rights of the victim and the accused who is a minor shall be recognized.
In all cases of GBSH as enumerated in the law, the confidentiality of records on the victim, and when the accused is a minor will be protected.
SEC. 36. Restraining Order. - Where applicable, 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. 37. Remedies and Psychological Counseling. - 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 counseling 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 counseling services and other services in consonance with R.A. No. 11036 or the Philippine Mental Health Law shall be borne by the perpetrator.
LGUs and concerned agencies may partner with private entities in the provision of psychological counseling services and other related processes such as the development of a referral system. In all instances, any fees that may be charged or incurred in the course of the counseling shall be borne by the perpetrator.
Psychological counseling and other remedies referred to in this Section may also be provided to victims of workplace and school-based sexual harassment.
SEC. 38. Administrative Sanctions. - The imposition of penalties outlined under R.A. No. 11313 is without prejudice to any administrative sanctions that may be imposed if the perpetrator is a government employee.
SEC. 39. Imposition of Heavier Penalties. - Nothing in the law shall prevent LGUs from coming up with ordinances that impose heavier penalties for the acts specified herein.
SEC. 40. Exemptions. - Acts that are legitimate expressions of indigenous culture and tradition, as well as breastfeeding in public shall not be penalized. Expressions of indigenous culture and tradition include, among others, the wearing of traditional attires of tribes or clans that may show partial nudity. Provided that, such expressions of indigenous culture and tradition do not discriminate against women, girls, and persons of diverse sexual orientation, gender identity, and expression.
RULE XI
FINAL PROVISIONS
SEC. 41. PNP Women, and Children Protection Centers/Desks. - The women and children's desks and the Women and Children Protection Center shall act on and attend to all complaints covered under the law. 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 the law.
SEC. 42. Education Modules. - All schools, whether public or private, including formal and non-formal systems, shall educate students from the elementary to tertiary level about the provisions of the law 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, inclusive and culturally-sensitive educational modules against gender-based streets, public spaces and online sexual harassment which shall be developed by DepEd, CHED, TESDA, and PCW.
Schools and agencies concerned shall ensure that all forms of GBSH shall be included in the development of said educational modules.
SEC. 43. Awareness Campaigns. - Role of agencies in disseminating information on the law:
a) PCW shall take the lead in a national campaign for the awareness of the law;
b) DILG and PCW, together with duly accredited women's group shall coordinate to ensure participation of all LGUs in a sustained information campaign. Duly-accredited women's groups shall refer to CSOs which have been recognized as such by an government agency or LGUs, and with relevant mandate and competence;
c) DICT shall ensure the development of an online campaign that reaches a wide audience of Filipino internet users.
Information, education, and communication (IEC) materials such awareness campaigns may include all forms of media condemning different forms of GBSH, informing the public of penalties for committing GBSH,and infographics of hotline numbers of authorities.
In addition, these agencies shall ensure that all forms of GBSH covered by the law will be included in the communication plans and awareness campaigns.
SEC. 44. Safety Audits. - LGUs are required to conduct safety audits on their responsibilities enumerated in Section 8 of the law and Section 9 of these rules every three (3) years to access the efficiency and effectivity of the implementation of the law within their jurisdiction. Such audits shall be multisectoral and participatory, with consultations undertaken with schools, police officers, and civil society organizations.
In conducting safety audits, 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 DLG and concerned agencies shall assist the LGUs in developing indicators that will guide the safety audits, covering not only the extent of the people served by this law but also the effectivity of the law.
SEC. 45. Appropriations. - Such amounts as may be necessary for the implementation of R.A. No. 11313 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 R.A. 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 R.A. No. 7160, otherwise known as the Local Government Code of 1991.
SEC. 46. Prescriptive Period. - Any action arising from the violation of any of the provisions of R.A. No. 11313 shall prescribe as follows:
a) Offenses committed under Section 11(a) of the law shall prescribe in one (1) year;
b) Offenses committed under Section 11(b) of the law shall prescribe in three (3) years;
c) Offenses committed under Section 11(c) of the law shall prescribe in ten (10) years;
d) Offenses committed under Section 12 of the law shall be imprescriptible; and
e) Offense committed under Sections 16 and 21 of the law shall prescribe in five (5) years.
SEC. 47. Separability Clause. - If any provision or part hereof of these rules is held invalid or unconstitutional, the remaining provisions not affected thereby shall remain in full force and effect.
SEC. 48. Repealing Clause. - All administrative orders, rules, regulations, memoranda, circulars, local ordinances, resolutions, and other issuances or orders contrary to the provisions of the Safe Spaces Act or inconsistent herewith are hereby repealed, modified or amended accordingly.
SEC. 49. Effectivity. - These implementing Rules and Regulations shall take effect fifteen (15) days after its publication in the Official gazette or in a newspaper of general circulation in the Philippines.
Approved: October 28, 2019
IRR Drafting Committee for Republic Act No. 11313:
(SGD.) J. PROSPERO E. DE VERA III |
(SGD.) JOSE LUIS MARTIN C. GASCON |
Chairperson |
Chairperson |
Commission on Higher Education |
Commission on Human Rights |
(SGD.) LEONOR MIRASOL MAGTOLIS-BRIONES |
(SGD.) FRANCISCO T. DUQUE III |
Secretary |
Secretary |
Department of Education |
Department of Health |
(SGD.) GREGORIO B. HONASAN |
(SGD.) SILVESTRE H. BELLO |
Secretary |
Secretary |
Department of Information and Communications Technology |
Department of Labor and Employment |
(SGD.) EDUARDO M. A O |
(SGD.) ROLANDO JOSELITO D. BAUTISTA |
Secretary |
Secretary |
Department of the Interior and Local Government |
Department of Social Welfare and Development |
(SGD.) EDGAR C. GALVANTE |
(SGD.) DANILO D. LIM |
Assistant Secretary |
Chairperson |
Land Transportation Office |
Metro Manila Development Authority |
(SGD.) RHODORA T. MASILANG-BUCOY |
(SGD.) ARCHIE FRANCISCO F. GAMBOA |
Chairperson |
Chief |
Philippine Commission on Women |
Philippine National Police |
(SGD.) ISIDRO S. LAPE A |
(SGD.) ELIZABETH C. ANGSIOCO |
Director General |
National Chairperson |
Technical Education and Skills Development Authority |
Democratic Socialist Women of the Philippines |
(SGD.) MARIE HAZEL E. LAVITORIA |
(SGD.) JELEN C, PACLARIN |
Executive Director |
Executive Director |
Sentro ng Alternatibong Lingap Panlegal |
Women's Legal and Human Rights Bureau |