RA 11313 SAFE SPACE ACT PPT - Workplace.pptx

Gender-based Sexual harassment law

1. RA 11313 Safe Spaces Act or Bawal Bastos Law PROVINCIAL LEGAL OFFICE https://www.facebook.com/PLOAgSur/

2. Signed into Law on April 17, 2019, by Pres. Rodrigo Roa Duterte

3. What is RA 11313? It is an act that defines and penalizes all forms of gender-based sexual harrasment committed in public spaces, educational or training institutions, workplace, as well as online spaces.

4. What is Gender-Based Sexual Harassment? conducts that cause or likely to cause mental, emotional or psychological distress to a person based on gender, gender identity and/or expression.

5. ANTI-SEXUAL HARASSMENT Anti- Sexual Harassment Act of 1995 (RA 7877) The Anti-Sexual Harassment Act is limited to the context of work, education, and/or training requires that the offender has authority, influence or moral ascendancy over the victim SAFE SPACE ACT Safe Spaces Act also covers the streets, public spaces, internet or cyberspace Does not require that the offender has authority, influence or moral ascendancy over the victim Directly addressed against the commission of harassments that are gender-based

6. Gender-based Sexual Harassment (GBHS) in Streets and Public Spaces GBSH in street and public spaces is defined as acts which are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks. 

7. What do public spaces refer to under this law? Streets and alleys Restaurants and Café Government offices Roads and sidewalks Buildings Public parks Schools and churches Malls and Public markets Transportation terminals and common carriers Spaces used as evacuation centers Public Utility Vehicle (PUV’s) Public Washrooms All other areas, regardless of ownership, are open and accessible or offered to be accessed by the public.

8. 1st DEGREE OFFENCES (VERBAL) cursing, wolf-whistling, catcalling, and intrusive gazing; taunting, pursing, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs; persistent unwanted comments on one’s appearance; relentless request of personal details or destination; the use of words, gestures or actions that ridicule based on sex, gender, sexual orientation, identity and/or expression;

9. 1st DEGREE OFFENSES (VERBAL) persistent telling of sexual jokes, use of sexual names, comments and demands; any statement that has made an invasion on a person’s personal space or threatens the person’s sense of personal safety

10. 1st OFFENSE PHP 1,000.00 FINE Community Service of 12 hrs Attendance to a Gender Sensitive Seminar conducted by the PNP in coordination with the LGU and the Philippine Commission on Women (PCW)

11. 2nd OFFENSE Arresto menor (6 to 10 days) imprisonment; or Php 10,000.00 fine

12. 3rd OFFENSE Arresto menor (11-30 days) imprisonment; and Php 10,000.00 fine

13. 2nd DEGREE OFFENSES (DEMONSTRATED) Making offensive body gestures at someone; flashing of private parts public masturbation, groping, and similar lewd sexual actions

14. 1st OFFENSE PHP 10,000.00 FINE Community Service of 12 hrs Attendance to a Gender Sensitive Seminar conducted by the PNP in coordination with the LGU and the Philippine Commission on Women (PCW)

15. 2nd OFFENSE 11 - 30 days of imprisonment; or Php 15,000.00 fine

16. 3rd OFFENSE 1 month and 1 day - 6 months of imprisonment; and Php 20,000.00 fine

17. 3rd DEGREE OFFENSES stalking touching, pinching, or brushing against the genetalia , face, arms, anus, groin, breast, inner thighs, buttocks or any part of the victim’s body even when not accompanied by acts under 1st and 2nd offenses.

18. 1st OFFENSE 11 - 30 days of imprisonment; or Php 30,000.00 Fine Attendance to GST

19. 2nd OFFENSE 1 month and 1 day to 6 months of imprisonment; or Php 50,000.00 fine

20. 3rd OFFENSE 6 months imprisonment; or Php 100,000.00

21. A dditional penalties if the perpetrator is the driver or operator of a PUV: Cancellation of license of the driver by the Land Transportation Office (LTO) Suspension or revocation of franchise by the Land Transportation Franchising and Regulatory Board (LTFRB).

22. WHERE TO SEEK HELP?

23. DUTIES OF LGU Pass an ordinance localizing the applicability of the law; Establish an anti-sexual harassment hotline; Establish a referral system for complainants;

24. DUTIES OF LGU Provide training for barangay officials; Set up Anti-Sexual Harassment (ASH) desks in all barangays; and Create mechanisms for handling and documentation of complaints including those in cases covered by the Katarungang Pambarangay system, among others. (Section 9, IRR of R.A. 11313)

25. ONLINE GBHS A cts that use information and communications technology in terrorizing and intimidating victims through: threats (physical, psychological, and emotional), unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private  messages;

26. ONLINE GBHS invasion of the 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; 

27. ONLINE GBHS 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.

28. PENALTIES GBHS Online 6 months and 1 day to 6 years of imprisonment or a fine of not less than Php 100,000.00 but not more than Php 500,000.00 or both at the discretion of the court

29. PRACTICAL TIPS IN SAVING DIGITAL EVIDENCE AND ONLINE REPORT Take note of the Uniform Resource Locator (URL) or the web address of the website or social media account of the perpetrator  Screen shot or make a printed copy the said webpage. Contact authorities via PNP’s Anti-Cybercrime Group e-complaint desk at  https://acg.pnp.gov.ph/eComplaint/  or through their complaint action centers .

30. GBHS in Workplaces A n 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 using 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;

31. GBHS in Workplaces 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 using technology such as text messaging or electronic mail or through any other forms of information and communication systems;

32. GBHS in Workplaces a conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient. Workplaces include all sites, locations, spaces, where work is being undertaken by an employee within or outside the premises of the usual place of business of the employer.

33. Duties of Employeers Disseminate or post in a conspicuous place a copy of this Act to all persons in the workplace Provide measures to prevent gender-based sexual harassment in the workplace, such as the conduct of anti-sexual harassment seminars;

34. Duties of Employeers 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;

35. Duties of Employeers (4) Investigate and decide on the complaints within ten (10) 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;

36. Duties of Employeers 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.

37. Liability of Employers Non-implementation of their duties U pon conviction, be penalized with a fine of not less than Five Thousand Pesos (₱5,000.00) nor more than Ten Thousand Pesos (₱10,000.00)

38. Liability of Employers Not taking action on reported acts of gender-based sexual harassment committed in the workplace U pon conviction, be penalized with a fine of not less than Ten Thousand Pesos (₱10,000.00) nor more than Fifteen Thousand Pesos (₱15,000.00)

39. 2017 RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE SALIENT FEATURES

40. COMPLAINT WHO MAY INITIATE? DISCIPLINING AUTHORITY ((MOTO PROPRIO) COMPLAINT OF ANY OTHER PERSON

41. COMPLAINT REQUISITES OF A VALID COMPLAINT AFFIDAVIT OF COMPLAINT - written in a clear, simple and concise language and in a systematic mannet

42. COMPLAINT REQUISITES OF A VALID COMPLAINT FULL NAME AND ADDRESS OF COMPLAINANT FULL NAME AND ADDRESS OF THE PERSON COMPLAINED OF AND HIS/HER POSITION AND OFFICE

43. COMPLAINT REQUISITES OF A VALID COMPLAINT NARRATION OF RELEVANT MATERIAL FACTS WHICH SHOWS THE ACTS OR OMISSIONS ALLEGEDLY COMMITTED CERTIFIED TRUE COPIES OF DOCUMENTARY EVIDENCE AND AFFIDAVITS OF HIS/HER WITNESS, IF ANY

44. COMPLAINT REQUISITES OF A VALID COMPLAINT CERTIFICATION OR STATEMENT OF NON-FORUM SHOPPING

45. COMPLAINT ABSENCE MAY OF REQUIREMENTS MAY CAUSE THE DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE TO ITS REFILING UPON COMPLIANCE OF THE SAME

46. ANONYMOUS COMPLAINT NO ANONYMOUS COMPLAINT SHALL BE ENTERTAINED UNLESS THE ACT COMPLAINED OF IS OF PUBLIC KNOWLEDGE OR THE ALLEGATIONS CAN VE VERIFIED OR SUPPORTED BY DOCUMENTARY OR DIRECT EVIDENCE

47. ANONYMOUS COMPLAINT NO ANONYMOUS COMPLAINT SHALL BE ENTERTAINED UNLESS THE ACT COMPLAINED OF IS OF PUBLIC KNOWLEDGE OR THE ALLEGATIONS CAN VE VERIFIED OR SUPPORTED BY DOCUMENTARY OR DIRECT EVIDENCE

48. WITHDRAWAL OF COMPLAINT WITHDRAWAL OF THE COMPLAINT DOES NOT RESULT IN ITS OUTRIGHT DISMISSAL OR DISCHARGE OF THE PERSON COMPLAINED OF FROM ANY ADMINISTRATIVE LIABILITY

49. COMMITTEE ON DECORUM AND INVETSIGATIGATION (CODI) Functions Recieve complaints of sexual harassment Investigate sexual harassment complaints including preliminary investigation in accordance with the prescribed procedure Submit a report of its findings with the corresponding recommendation to the disciplining authority Lead the conduct of discussions about sexual harassment within the agency to increase understanding and prevent incidents of sexual harassment

50. PRELIMINARY INVESTIGATION a mandatory proceeding undertaken to determine whether a prima facie case exists to warrant the issuance of a formal charge/notice of charge

51. HOW PRELIMINARY INVESTIGATION CONDUCTED? ( FILED BY OTHER PERSON) b. ex-parte evaluation of the records a. submission of coun ter affidavit/comment or other documents from the person complained of within 5 days upon receipt of the complaint c. clarificatory meeting with the parties to discuss the merits of the case

52. HOW PRELIMINARY INVESTIGATION CONDUCTED? ( INITIATED BY THE DISCIPLINING AUTHORITY) failure to submit counter-affidavit shall be considered as waiver DA or authorized representative shall issue a show-cause order directing the person complained of to explain within 5 days why no admin case should be filed against the said person right to counsel may be exercised even during the preliminary investigation

53. DURATION OF PRELIMINARY INVESTIGATION SHALL COMMENSE WITHIN A NON-EXTENDIBLE PERIOD OF 5 DAYS UPON RECEIPT OF COMPLAINT AND SHALL BE TERMINATED WITHIN 20 DAYS MAYBE EXTENDED BY THE DA IN MERITORIOUS CASES INVESTIGATION REPORT SUBMIT INVESTIGATION REPORT WITHIN 5 DAYS FROM THE TERMINATION OF OF THE PE WITH RECOMMENDATION AND COMPLETE RECORDS OF THE CASE TO THE DA

54. DECISION OR REOLUTION AFTER PRELIMINARY INVESTIGATION PRESENCE OF PRIMA FACIE CASE; ISSUANCE OF A FORMAL CHARGE ABSENCE OF PRIMA FACIE CASE; DISMISSAL OF THE COMPLAINT

55. FORMAL INVESTIGATION When held? Shall be conducted when the merits of the case cannot be decided judiciously without conducting such investigation or when the respondent elects to have one. Shall be held not earlier than 5 days or later than 10 days from receipt of the respondent’s answer Shall be finished within 30 days upon issuance of the Formal Charge unless extended by the DA

56. SUBMISSION OF POSITION PAPER/MEMORANDUM At any stage of the prcoeedings, the parties may, based on their mutual consent, submit position paper/memorandum and consider the case submitted for decision without need of further hearing.

57. PRE-HEARING CONFERENCE At the commencement of the formal investigation, the hearing officer shall conduct a pre-hearing conference for the parties to appear to consider and agree on the following: identification and marking of evidence of the parties Stipulation of facts Simplification of issues Waiver of objections to admissibility of evidence Limiting the number of witnesses and their names Dates of subsequent hearings Such matter that may aid in the prompt and just resolution of the case

58. CONTINUOUS HEARING UNTIL TERMINATED; POSTPONMENT Hearings shall be conducted on the hearing dates set by the hearing officer or as agreed upon during the pre-hearing conference Each party may be granted 1 postponement upon oral or written request If respondents fail or refuse to appear or not represented by counsel during a particular hearing despite due notice, the investigation shall proceed and the respondents shall be deemed to have waived the right to present evidence

59. ORDER OF HEARING Prosecution shall present its evidence; The respondent shall present evidence in support to his/her defense There may be rebuttal or sub-rebuttal

60. FORMAL INVESTIGATION REPORT Within fifteen (15) days after the conclusion of the formal investigation, a report containing a narration of the material facts established during the investigation, the findings and the evidence supporting said findings, as well as the recommendations, shall be submitted by the hearing officer to the disciplining authority. The complete records of the case shall be attached to the report of investigation which shall be treated with confidentiality.

61. DECISION WHEN CASE IS DECIDED? The disciplining authority shall decide the case within thirty (30) days from receipt of the Formal Investigation Report.

62. FINALITY OF DECISION A decision rendered by the disciplining authority or CSC ROs whereby a penalty of reprimand, or suspension for not more than thirty (30) days or a fine in an amount not exceeding thirty (30) days' salary is imposed, shall not be appealable it shall be final and executory unless a motion for reconsideration is seasonably filed. However, the respondent may file an appeal or petition for review when the issue raised is violation of due process.

63. FINALITY OF DECISION if the penalty imposed is suspension exceeding thirty (30) days, or fine in an amount exceeding thirty (30) days' salary, the decision shall be final and executory after the lapse of the reglementary period for filing a motion for reconsideration or an appeal and no such pleading has been filed.

64. HOW TO FILE AN ADMINISTRATIVE COMPLAINT? Written in a clear, simple and concise language and in a systematic manner; Source: 2017 Rules on Administrative Cases in the Civil Service

65. HOW TO FILE AN ADMINISTRATIVE COMPLAINT? Apprise the person complained of, of the nature and cause of the accusation Source: 2017 Rules on Administrative Cases in the Civil Service

66. WHAT’S INSIDE THE AFFIDAVIT OF COMPLAINT? Full name and address of the complainant; Full name and address of the person complained of, his/her position and office Source: 2017 Rules on Administrative Cases in the Civil Service

67. WHAT’S INSIDE THE AFFIDAVIT OF COMPLAINT? Narration of relevant and material facts which shows the acts or omissions allegedly committed Source: 2017 Rules on Administrative Cases in the Civil Service

68. WHAT’S INSIDE THE AFFIDAVIT OF COMPLAINT? Certified true copies of documentary evidence and affidavits of witnesses, if any Source: 2017 Rules on Administrative Cases in the Civil Service

69. WHAT’S INSIDE THE AFFIDAVIT OF COMPLAINT? Certification or statement of non-forum shopping Source: 2017 Rules on Administrative Cases in the Civil Service

70. PRESCRIPTIVE PERIODS FOR FILING CASES FOR GBSH? Verbal – 1 year Demonstrated – 3 years Stalking, other acts accompanied by touching of any part of the victim’s body) – 10 years Online GBSH – imprescriptible Workplace & Schools – 5 years

71. Thank You!