DILG-PCW JMC 2020-001 Localization of Safe Spaces Act
DILG-PCW JMC 2020-001 Localization of Safe Spaces Act
DILG-PCW JMC 2020-001 Localization of Safe Spaces Act
A person must possess the following qualifications before one can be appointed
as an ASH Desk Officer:
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:
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ANNEX 2
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;
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;
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
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:
2. Assess the situation and facilitate the rescue of the victim-survivor, when
necessary, to ensure his/her safety;
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;
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
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ANNEX 4
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.
2. Can speak and understand the local dialect or at least the Filipino
language;
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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;
1. When speaking, stay calm at all times. Speak in the local dialect or at
least in Filipino language;
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;
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
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.
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.
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ANNEX 6
REGION:
PROVINCE:
CITY/MUNICIPALITY:
BARANGAY:
COMPLIANCE CHECKLIST ON THE LOCALIZATION OF THE SAFE SPACES ACT
INDICATORS YES NO
1. Mechanism and System
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ANNEX 7
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.
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ANNEX 8
COVERED
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:
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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.
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.
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.