DILG-PCW JMC 2020-001 Localization of Safe Spaces Act

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ANNEX 1

QUALIFICATIONS OF AN ASH DESK OFFICER

A person must possess the following qualifications before one can be appointed
as an ASH Desk Officer:

1. Attitude that shows empathy and understanding of the victim-survivor and


committed to keep the confidentiality of the cases;

2. Familiarity with appropriate ways to handle cases of gender-based violence


and sensitive to the needs of victim-survivors and complainants in each
possible scenario;

3. Basic knowledge on gender-based violence and the different forms of sexual


harassment and on diverse sexual orientations and gender identities and
expressions; and

4. Has no derogatory records related to violation of laws protecting women and


commission of acts constituting gender-based violence.

Provided that, after the appointment, the ASH Desk officer must obtain the
following trainings and orientation to develop his/her skills and capacities necessary in
the performance of his/her functions:

1. Gender Sensitivity Training

2. Salient provisions of the Safe Spaces Act

3. Salient provisions of other laws protecting women, children and members of


SOGIE, including but not limited to, the following:

a. Anti-Sexual Harassment Act (R.A. No. 7877)


b. Anti-Violence Against Women and their Children Act (R.A. No. 9262)
c. Anti-Photo and Video Voyeurism Act (R.A. No. 9995)
d. Anti-Child Pornography Act (R.A. No. 9775)
e. Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act (R.A. No. 7610)
f. Anti-Trafficking in Persons Act (R.A. Nos. 9208 and 10364)
g. Provisions of the Revised Penal Code which are related to gender-based
violence
h. Relevant provisions of the Family Code

4. Existing services of the city/municipal government and those provided under


the ASH Referral Network

5. Protocols in handling gender-based sexual harassment

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ANNEX 2

PROTOCOLS IN HANDLING GBSH IN STREETS AND PUBLIC SPACES


COMPLAINT FROM THE VICTIM-SURVIVORS

The ASH Desk Officer shall observe the following protocols when responding to
complaints of gender-based sexual harassment from victim-survivors:

1. Make the victim-survivor and his/her companion/s, if any, comfortable in a safe and
private room, and provide water and other immediate needs, if any;

2. After the victim-survivor has stabilized, conduct an initial investigation in a


gender-sensitive and non-judgmental manner, and in a language understood by
the victim-survivor;

3. Assess the situation and get initial information to determine the risks at hand.
Record the details of the incident (date, time, place, and description), relevant
information about the victim-survivor and the alleged perpetrator. If needed,
immediately facilitate referral to the nearest police station or medical facility;

4. Inform the victim-survivor of his/her rights, the remedies available, and the
procedures and processes involved;

5. If the case involves a minor, immediately refer the case to C/MSWDO;

6. If the incident is covered by the katarungang pambarangay, assist the


victim-survivor and refer the case to the lupong tagapamayapa within four hours
from receipt of the complaint;

7. For all other incidents, refer and report the cases to the police station through the
Women and Children Protection Desk (WCPD) within four hours from receipt of
the complaint; and

8. Monitor the status of cases of gender-based sexual harassment five (5) working
days after the case has been referred to.

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ANNEX 3

PROTOCOLS IN HANDLING GBSH IN STREETS AND PUBLIC SPACES


COMPLAINT OTHER THAN THE VICTIM-SURVIVORS

The ASH Desk Officer shall observe the following protocols when responding to
reports of gender-based sexual harassment from persons other than the
victims-survivors:

1. Verify the information and seek assistance from the Anti-Sexual


Harassment Enforcers (ASHEs) or the local police station, if needed;

2. Assess the situation and facilitate the rescue of the victim-survivor, when
necessary, to ensure his/her safety;

3. If the victim-survivor is rescued or appears before the ASH Desk, follow


the same protocols in responding to direct complaints from
victim-survivors;

4. In all cases, record the details of the incident (date, time, place, and
description), and relevant information about the victim-survivor, the
alleged perpetrator and the person reporting;

5. If the case involves a minor, refer and report the case to C/MSWDO within
24-hours upon receipt of the report;

6. If the incident is covered by the katarungang pambarangay, assist the


victim-survivor and refer the case to the lupong tagapamayapa within
24-hours from receipt of the complaint;

7. For all other incidents, refer and report the case to the local police station
through the Women and Children Protection Desk (WCPD) within four
hours from receipt of the complaint; and

8. Monitor the status of gender-based sexual harassment cases five (5)


working days after the case has been referred to.

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ANNEX 4

ESTABLISHMENT OF ANTI-SEXUAL HARASSMENT (ASH) HOTLINE

On the establishment of ASH hotline, the LGU will ensure that the personnel assigned to
attend the hotline are knowledgeable on gender-based sexual harassment (GBSH) and
the forms of assistance made available by the LGU.

1. Qualifications of ASH Hotline Operator

The ASH Hotline Operator must possess the following qualifications:

1. Good communication and active listening skills;

2. Can speak and understand the local dialect or at least the Filipino
language;

3. Attitude that show empathy and understanding of the victim-survivor and


committed to keep the confidentiality of the complaints/reports;

4. Familiarity on gender-sensitive manner in handling complaints/reports of


gender-based sexual harassment; and

5. Trainings and orientation on the following:

a. Anti-Sexual Harassment Act (R.A. No. 7877)


b. Anti-Violence Against Women and their Children Act (R.A. No. 9262)
c. Anti-Photo and Video Voyeurism Act (R.A. No. 9995)
d. Anti-Child Pornography Act (R.A. No. 9775)
e. Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act (R.A. No. 7610)
f. Anti-Trafficking in Persons Act (R.A. Nos. 9208 and 10364)
g. Provisions of the Revised Penal Code which are related to
gender-based violence
h. Relevant provisions of the Family Code
i. Existing services of the city/municipal government and those
provided under the ASH Referral Network
j. Protocols in handling gender-based sexual harassment

2. Functions of the ASH Hotline Operator

The ASH Hotline Operator shall have the following functions:

1. Receive complaints/reports involving gender-based sexual harassment;

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2. Assess the nature of the assistance needed and facilitate the referral to
ASH Desk or to the appropriate service providers for legal, medical,
psycho-social, safety, security, and other assistance or services;

3. Record, maintain and update a database of complaints/reports received


through the ASH Hotline; and

4. Perform other related functions as may be assigned.

3. Protocols in Handling Complaints/Report Received through the ASH


Hotline

The ASH Hotline Operator must observe the protocol in handling


complaints/reports received through the ASH Hotline:

1. When speaking, stay calm at all times. Speak in the local dialect or at
least in Filipino language;

2. Get as many details as possible, including the personal circumstances of


the caller and/or the victim-survivor, to have a clear picture of the incident
being reported;

3. Ask the caller what specific assistance is being sought. If the caller has
no specific request, assess the nature of the complaint/report and
determine what assistance may be given to him or her. Provided, that the
consent of the caller is obtained first before referral is made;

4. Written records and audio recordings of complaints/reports, if available,


reports, and inquiries involving sexual harassment shall be preserved
and kept confidential and separate from the other emergency reports at
all times. Such records shall be preserved for at least one1 (1) year. As
such, the ASH Hotline Operator shall ensure that no use, viewing,
copying, disclosure or publication of such written records, audio
recordings and reports shall be made unless, the same is ordered by the
court or other body with competent jurisdiction; and

5. For calls which are mere queries related to the Safe Spaces Act and other
related laws, ordinances, rules, and regulations, the caller may be
directed to the ASH Desk Officer to give ample time for explanation.

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The LGU may decide a different period for this.

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ANNEX 5

ESTABLISHMENT OF AN ANTI-SEXUAL HARASSMENT (ASH)


REFERRAL NETWORK

An ASH Referral Network is a mechanism in the city, municipality and barangay


established to strengthen the coordination among public and private service providers in
addressing the needs of victim-survivors of gender-based sexual harassment. It shall
provide legal, medical, psychosocial, safety, security, and other relevant services.

Further, the members of ASH Referral Network shall receive and efficiently act on
referrals from the ASH Desk and ASH Hotline for the provision of services needed by
victim-survivors and witnesses of gender-based sexual harassment. Protocols in this
connection shall be formulated through an executive order, ordinance or memorandum
of agreement among the service providers.

1. Members of the ASH Referral Network

The referral network may be composed of the following service providers:

1. VAW/ASH Desk of every barangay in the city/municipality;

2. City/Municipal Health Office;

3. City/Municipal Social Welfare and Development Office;

4. Law enforcement agencies such as, PNP-Women and Children Protection


Desk and the NBI-Women and Children Unit;

5. Legal aid providers such as Office of the Prosecutor, Public Attorney’s


Office and other legal associations;

6. Educational Institutions; and

7. Non-Government Organizations (NGOs) / Civil Society Organizations


(CSOs) / Faith-Based Organizations (FBOs) involved in gender equality and
human rights and those providing medical, psycho-social, economic, legal
and social services.

The respective representative/s of the different offices, agencies, institutions


and organizations shall be responsible for the processing of referrals made to them
and for the efficient delivery of their respective services.

2. Establishment of the ASH Referral Network

The Local Chief Executive shall convene the ASH Sub-Committee of the local
Gender and Development Focal Point System (GADFPS) within 30 days upon the

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establishment thereof, to take the lead in the establishment of the ASH Referral
Network.

Thereafter, the ASH Sub-Committee, through its chairperson, shall undertake


the following steps in the establishment of an ASH Referral Network:

1. Convene an initial stakeholder’s meeting. The ASH Sub-Committee


Chairperson shall be guided by the list of government and private service
providers relevant to the issue of gender-based sexual harassment. The
agenda for the meeting/workshop must be clearly stated in the letter of
invitation so that the appropriate representative will be the one in
attendance.

2. Conduct a participatory mapping exercise. The mapping exercise


aims to identify community resources, services available, requirement for
referrals, possible barriers in accessing the support services and other
existing mechanism/structure addressing gender-based sexual
harassment cases.

3. Establish a referral network. As a result of the mapping exercises, a


referral network shall be established and a Directory of Resources must
be created and updated regularly.

The members of the referral network shall define their working


arrangement and clarify their specific roles and responsibilities. A focal
person for each office, agency, institution and organization shall be
identified.

The protocols and procedures to be observed, the forms to be used such


as referral and feedback forms, shall be in writing and each member
provided a copy for reference.

4. Put system in place to develop and support the referral network. A


Memorandum of Agreement with clear terms of reference of all members
and partners is encouraged to be undertaken.

The support and endorsement of the local chief executive or local


sanggunian, through an executive order or ordinance, is paramount in
providing mandate for the referral system and the service providers, and
regular monitoring and evaluation of the referral system.

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ANNEX 6

COMPLIANCE MONITORING REPORT TEMPLATE


As of ____________ 2021

REGION:
PROVINCE:
CITY/MUNICIPALITY:
BARANGAY:
COMPLIANCE CHECKLIST ON THE LOCALIZATION OF THE SAFE SPACES ACT
INDICATORS YES NO
1. Mechanism and System

a. Anti-Sexual Harassment (ASH) Desk is established


b. Designated Anti-Sexual Harassment Enforcers (ASHEs)
c. ASH Hotline is set up
d. ASH Referral Network is established
e. CCTV cameras installed in public spaces

e.1 Major Roads


e.2. Alleys
e.3 Sidewalks
f. Private establishments accessible to the public have
implemented the following measures to prevent and
address gender-based sexual harassment:
f.1 Warning Signs
f.2 Designated ASHEs
f.3 Installed CCTV cameras
f.4 Developed protocols

2. Education and Awareness Campaign

a. Copy of Republic Act No. 11313 (Safe Spaces Act) and


related ordinances posted in conspicuous places
b. IEC materials that raise awareness for and condemn
GBSH in streets and public spaces distributed

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ANNEX 7

EXAMPLE OF EXPENSES THAT CAN BE CHARGED TO GAD BUDGET

In determining what can be or cannot be charged to GAD budget, the primary


consideration is the gender issue being addressed by the expense or activity. If the
gender issue is clear, the expense may be charged to the GAD budget.

1. PPAs that address GAD issues and GAD mandates, including relevant expenses such
as supplies, travel, food, board and lodging, professional fees, among others.
2. Capacity development on GAD (e.g. Gender Sensitivity Training; Gender Analysis,
Gender-responsive Planning and Budgeting, among others.);
3. Activities related to the establishment and/or strengthening of enabling mechanisms
that support the GAD efforts of LGUs (e.g. GFPS, Committee on Decorum and
Investigation (COOl), and Violence Against Women desks, among others);
4. Salaries of LGU personnel assigned to plan, implement and monitor GAD PPAs on a
fulltime basis, following government rules in hiring and creating positions;
5. Time spent by the LGU GFPS members or LGU employees doing GAD-related work.
Overtime work rendered in doing GAD-related PPAs may be compensated through a
compensatory time off (CTO), following government accounting and auditing rules and
regulations;
6. Salaries of police women and men assigned to women's desks;
7. Salaries of personnel hired to manage/operate the GAD Office, if established;
8. LGU programs that address women's practical and strategic needs (e.g., day care
center, breastfeeding rooms, crisis or counseling rooms for abused women and
children, halfway houses for trafficked women and children, and gender-responsive
family planning programs, among others);
9. Construction expenses for gender-responsive or GAD-mandated facilities which
include, but are not limited to, the following:
a) Day care center,
b) VAWC Center,
c) Halfway houses for trafficked women and girls, and
d) Women crisis center;
10. Consultations conducted by the LGU to gather inputs for and/or to disseminate the
GAD plan and budget;
11. Payment of professional fees, honoraria and other services for gender experts or
gender specialists engaged by the LGUs for GAD-related trainings and activities; and
12. IEC activities (development, printing and dissemination) that support the GAD PPAs
and objectives of the LGUs.

The expenditures, although allowed, must still follow government accounting rules and regulations.

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EXAMPLE OF EXPENSES THAT CANNOT BE CHARGED TO GAD BUDGET

1. Programs, projects, activities (PPAs) that are not in the LGU's DILG-endorsed original or
adjusted GAD plan UNLESS these are addressing a newly emerging gender issue that has
not been considered during the GPB preparation and review stage. The inclusion of such
PPAs should, however, be communicated with the appropriate DILG unit;
2. Personal services of women employees UNLESS they are working full time or part time on
GAD PPAs;
3. Honoraria for LGU's GFPS members or other employees working on their LGU GAD
programs;
4. Salaries of casual or emergency employees UNLESS they are hired to assist in GAD-related
PPAs;
5. Provision of contingency funds or "other services" of PPAs; and
6. Purchase of supplies, materials, equipment and vehicles for the general use of the LGU.
7. The following expenses CAN NOT be charged to the GAD budget UNLESS they are justified
as clearly addressing a specific gender issue:
a) Physical, mental and health fitness activities, including purchase of supplies,
materials, equipment and information dissemination materials;
b) Social, rest and recreation activities; and
c) Religious activities and implementation of cultural projects.

Source: PCW-DILG-DBM-NEDA JMC No. 2016-1, dated 12 January 2016, re Amendments to


PCW-DILG-DBM-NEDA JMC No. 2013-01: Guidelines on the Localization of the Magna Carta of
Women

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ANNEX 8

CASES COVERED AND NOT COVERED


UNDER THE KATARUNGANG PAMBARANGAY (KP) SYSTEM

COVERED

Any Anti-Sexual Harassment Enforcer (ASHE), Anti-Sexual Harassment Officer


(ASHO), security guard, or any other officer or person who receives a complaint for sexual
harassment shall refer the complaint to the lupong tagapamayapa if the same falls strictly
within the coverage of the katarungang pambarangay.

The first- and second-time offenses of the following acts of sexual harassment,
found in Section 11 (a) of the Safe Spaces Act, are covered by the katarungang
pambarangay:

a. cursing,
b. wolf-whistling,
c. catcalling,
d. leering and intrusive gazing,
e. taunting,
f. pursing,
g. unwanted invitations,
h. misogynistic, transphobic, homophobic, and sexist slurs,
i. persistent unwanted comments on one's appearance,
j. relentless requests for one's personal details such as name, contact and social
media details or destination,
k. 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,
l. the persistent telling of sexual jokes,
m. use of sexual names, comments and demands, and
n. any statement that has made an invasion on a person's personal space or
threatens the person's sense of personal safety.

NOT COVERED

The following cases of sexual harassment are not covered by the katarungang
pambarangay and shall be referred to the local PNP women and children’s desk or to the
proper officer or court for appropriate action:

a. Offenses under the Anti-Sexual Harassment Act of 1995;


b. Offenses under the Safe Spaces Act, other than the first and second offenses in
Section 11 (a) of the Act;
c. Offenses under the Anti-Violence Against Women and their Children Act, the Anti-
Photo and Video Voyeurism Act, the Anti-Child Pornography Act, the Special

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Protection of Children Against Abuse, Exploitation, and Discrimination Act, and
the Anti-Trafficking in Persons Act;
d. Violations of ordinances punishable by imprisonment exceeding one year or a fine
exceeding P5,000.00;
e. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
f. Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the
parties thereto agree to submit their differences to amicable settlement by an
appropriate lupon;
g. Other cases not covered by the katarungang pambarangay under the Local
Government Code and other relevant laws, rules, and regulations.

When parties may go directly to court

No complaint or action regarding any offense under the Safe Spaces Act that is
covered by the katarungang pambarangay shall be filed or instituted directly in court,
except in the following instances1:

a. where the complainant secures a Certificate to File Action issued by the secretary
of the lupong tagapamayapa or the pangkat ng tagapagkasundo and attested to
by the lupon or pangkat chairperson;
b. where the accused is under detention;
c. where a person has otherwise been deprived of personal liberty calling for habeas
corpus proceedings;
d. where actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property and support pendente lite;
and
e. where the action may otherwise be barred by the statute of limitations.

Conciliation among members of indigenous cultural communities

The customs and traditions of indigenous cultural communities shall be applied in


settling disputes between members of the cultural communities.2

1 Sections 410 and 412 (a) and (b) of the Local Government Code of 1991.
2 Section 412 (c) of the Local Government Code of 1991.

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