Republic Act No.

11313
DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS,
PUBLIC SPACES, ONLINE, WORKPLACES, AND EDUCATIONAL OR
TRAINING INSTITUTIONS, PROVIDING PROTECTIVE MEASURES AND
PRESCRIBING PENALTIES THEREFOR

ATTY. JOVANNI CHRISTIAN D. PLATEROS

It is a Special Law, which seeks to eradicate
all forms of sexual harassment by recognizing
that both men and women must have equality,
security, and safety not only in private, but
also on the streets, publc spaces, online, as
well as in work places and educational
institutions.
 Gender-based Sexual Harassment

 Expands the scope of the Anti-Sexual Harassment

Act of 1995 (Republic Act 7877)

 Strengthens the administrative mechanisms

against sexual harassment in workplaces and in
educational and training institutions.

 Recognizes that sexual harassment can be

committed between peers or by a subordinate to
a superior, by a student to a teacher or by a
trainee to a trainer.
 Penalizes sexual harassment which also occurs in
other environments, such as public spaces and
online platforms

 Outlines the additional duties and corresponding

liabilities for employers and heads of schools and
training institutions to ensure that sexual
harassment complaints in their respective
institutions are addressed appropriately.

 A “Game Changer”. It will promote policy change,

behavioral change, and cultural change.
1. Gender-Based Streets and Public Spaces Sexual
Harassment.
This includes:

 cursing, wolf-whistling, catcalling, leering and intrusive gazing,

taunting, pursing, unwanted invitations, misogynistic, transphobic,
homophobic, and sexist slurs, persistent unwanted comments on
one’s appearance, relentless requests for one’s personal details
such as name, contact and social media details or destination, the
use of words, gestures or actions that ridicule on the basis of sex,
gender or sexual orientation, identity and/or expression including
sexist, homophobic, and transphobic statements and slurs, the
persistent telling of sexual jokes, use of sexual names, comments
and demands, and any statement that has made an invasion on a
person’s personal space or threatens the person’s sense of
personal safety;
1. Gender-Based Streets and Public Spaces Sexual
Harassment.

This includes:

 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. Gender-Based Streets and Public Spaces Sexual
Harassment.

This includes:

 stalking, and any of the acts earlier mentioned 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 earlier
mentioned;
2. Gender-Based Online Sexual Harassment.
This 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.
2. Gender-Based Online Sexual Harassment.

EXCEPTION…

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.
2. Gender-Based Online Sexual Harassment.

PENALTY
Prision Correccional in its medium period (imprisonment from
2 years, 4 months and 1 day to 4 years and 2 months) or a fine
of not less than ₱ 100,000.00 but not more than ₱ 500,000.00,
or both, at the discretion of the court.
3. 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;
4. Gender-Based Sexual Harassment in the
Workplace.
This includes:

 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;

 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;
4. Gender-Based Sexual Harassment in the
Workplace.
This includes:

 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

 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.
4. Gender-Based Sexual Harassment in the
Workplace.
 Duties of Employers:

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; and

d. Provide and disseminate, in consultation with all persons in the workplace, a code
of conduct or workplace policy
4. Gender-Based Sexual Harassment in the
Workplace.
 Duties of Employees and Co-Workers:

a. Refrain from committing acts of gender-based sexual harassment;

b. Discourage the conduct of gander-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.
4. Gender-Based Sexual Harassment in the
Workplace.
 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, as provided in the penal provisions

– a fine of not less than ₱5,000.00 nor more than ₱10,000.00; or

b. Not taking action on reported acts of gender-based sexual harassment

committed in the workplace – a fine of not less than ₱10,000.00 nor
more than ₱15,000.00.
5. 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;

 The school should promptly investigate if acts of gender-based sexual

harassment or sexual violence were committed, and take appropriate
steps to resolve the situation;
5. Gender-Based Sexual Harassment in Educational
and Training Institutions.
 Duties of School Heads:

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; and
d. Provide and disseminate, in consultation with all persons in the
educational institution, a code of conduct or school policy which shall:
5. Gender-Based Sexual Harassment in Educational
and Training Institutions.
 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, as provided in the penal provisions
– a fine of not less than ₱5,000.00 nor more than ₱10,000.00; or

b. Not taking action on reported acts of gender-based sexual harassment

committed in the workplace – a fine of not less than ₱10,000.00 nor
more than ₱15,000.00.
5. Gender-Based Sexual Harassment in Educational
and Training Institutions.

 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.
THANK YOU