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Sec. 2. Declaration of Policies. – It is the policy of the State to value the dignity of every human
person and guarantee full respect for human rights. It is likewise the policy of the State to recognize
the role of women in nation-building and ensure the fundamental equality before the law of women
and men. The State also recognizes that both men and women must have equality, security and
safety not only in private, but also on the streets, public spaces, online, workplaces and educational
and training institutions.
Punishable Acts Penalty
(as further defined in RA No. 11313)
Gender-based sexual harassment in First offense: fine of one thousand pesos
streets and public spaces: (P1,000.00) and community service of
Cursing, wolf-whistling, catcalling, leering twelve (12) hours inclusive of attendance
and intrusive gazing, taunting, unwanted to a Gender Sensitivity Seminar
invitations, misogynistic, transphobic, Second offense: arresto menor (6 to 10
homophobic, and sexist slurs, persistent days) or a fine of three thousand pesos
unwanted comments on one’s appearance, (P3,000.00)
relentless requests for one’s personal details Third offense: arresto menor (11 to 30
such as name, contact and social media days) or a fine of ten thousand pesos
details or destination, the use of words, (P10,000.00)
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
Gender-based sexual harassment in First offense: fine of ten thousand pesos
streets and public spaces: (P10,000.00) and community service of
Making offensive body gestures at someone, twelve (12) hours inclusive of attendance
exposing private parts for the sexual to a Gender Sensitivity Seminar
gratification of the perpetrator with the effect Second offense: arresto menor (11 to 30
of demeaning, harassing, threatening or days) or a fine of fifteen thousand pesos
intimidating the offended party including (P15,000.00)
flashing of private parts, public masturbation, Third offense: arresto mayor (1 month
groping, and similar lewd sexual actions and 1 day to 6 months) and a fine of
twenty thousand pesos (P20,000.00)
Gender-based sexual harassment in First offense: arresto menor (11 to 30
streets and public spaces: days) or a fine of thirty thousand pesos
Stalking, any of the acts mentioned in 11(a) (P30,000.00), provided that it includes
or 11(b) when accompanied by touching, attendance in a Gender Sensitivity
pinching or brushing against the body of the Seminar
offended person; any touching, pinching, or Second offense: arresto mayor (1 month
brushing against the genitalia, face, arms, and 1 day) or a fine of fifty thousand
anus, groin, breasts, inner thighs, buttocks or pesos (P50,000.00)
any part of the victim’s body even when not Third offense: arresto mayor in its
accompanied by acts mentioned in 11(a) and maximum period or a fine of one hundred
11(b) thousand pesos (P100,000.00)
Prision correccional in its medium period
or a fine of not less than one hundred
thousand pesos (P100,000.00) but not
Gender-based online sexual harassment more than five hundred thousand pesos
(P500,000.00), or both at the discretion of
the court
Qualified gender-based sexual Penalty next higher in degree
harassment
Administrative penalties as provided for
Gender-based sexual harassment in the by the employer’s Committee on
workplace and educational or training Decorum and Investigation, and without
institutions prejudice to other applicable criminal
violations and penalties
Failure of employers or school heads to Fine of not less than five thousand pesos
implement their duties under the Safe (P5,000.00) nor more than ten thousand
Spaces Act (i.e. including setting of pesos (P10,000.00)
administrative penalties to violations of
gender-based sexual harassment in the
workplace)
Failure of employers or school heads to Fine of not less than ten thousand pesos
take action on reported acts of gender- (P10,000.00) nor more than fifteen
based sexual harassment committed in the thousand pesos (P15,000.00)
workplace or in the educational institution
In addition to penalizing acts of gender-based sexual harassment in public places, the Safe
Spaces Act also expands the 1995 Anti-Sexual Harassment Act. Formerly, sexual
harassment was only punished when committed by someone who has authority, influence,
or moral ascendancy over the victim. Under the Safe Spaces Act, acts committed between
peers, by a subordinate to a superior officer, by a student to a teacher, or by a trainee to a
trainer are now covered as punishable sexual harassment.
It involves the
recruitment, It is committed It is done for the
obtaining, hiring, by use of threat or use purpose of
providing, or receipt of force, or other forms exploitation which
of persons with or of coercion, abduction, includes at a
receipt of persons fraud, deception, abuse
with or without the minimum, the
victim’s consent or of power or of position, exploitation or the
knowledge, within or taking advantage of the prostitution of others
across national vulnerability of the or other forms of
borders. person, or, the giving sexual exploitation,
or receiving of forced labor or
payments or benefits to services, slavery,
achieve the consent of servitude or the
a person having removal or sale of
control over another organs.
person.
Any person found guilty of acts of TIP shall be penalized with imprisonment of
15 years and a fine of not less than 500 thousand but not more than 1 million pesos.
3. Use of Trafficked Persons
Any person who buys or engages the services of trafficked persons for prostitution shall be
penalized.
Any person found guilty of acts of TIP shall be penalized with imprisonment
ranging from six (6) years to forty (40) years and fine ranging from 50 thousand to 5
million pesos.
An addition to imprisonment and fine, an offender who is a foreigner shall be
immediately deported and permanently barred from the entering the country after
serving jail terms, while an offender who is a public official shall be dismissed from the
service and suffer perpetual absolute disqualification to hold public office.
4. Qualified Trafficking
The following are an act of qualified trafficking:
When the trafficked person is a child;
When the adoption is for the purpose of prostitution, pornography, sexual exploitation
and the like;
When the crime is committed by a syndicate;
When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person;
When the offender is a member of the military or law enforcement agency; and
When by reason or occasion of the act, the offended party dies, becomes insane, or
been afflicted by HIV-AIDS
When the offender commits one or more violations of Section 4 over a period of sixty
or more days, continuous or not; and
When the offender directs or through another manages the trafficking victim in
carrying out exploitative purpose of trafficking.
Qualified trafficking shall be penalized by life imprisonment and a fine of not less
than 2 million but not more than 5 million pesos.
5. Attempted Trafficking in Persons
Under R.A. 10364, attempted trafficking is any act to initiate the commission of a
trafficking offense but the offender failed to or did not execute all the elements of the crime due to
accident or by reason of some cause other than voluntary desistance.
If the victim is a child, an act be considered attempted trafficking if a person if:
facilitates the travel of a child without clearance from DSWD or a written permit or
justification from the child’s parental/legal guardian;
executing, for a consideration, an affidavit of consent or written consent for adoption;
simulating a birth for the purpose of selling the child
recruiting a woman to bear a child; simulating a birth; or soliciting a child and requiring
custody through any means from hospital, health centers and the like, all for the purpose of
selling the child.
Any person found guilty of committing attempted TIP shall be penalized with
imprisonment of 15 years and a fine of not less than 500 thousand but not more than 1
million pesos.
When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
When a person, agency, establishment or child-caring institution recruits women or couples to
bear children for the purpose of child trafficking; or
When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking; or
When a person engages in the act of finding children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the
purpose of child trafficking.
Obscene Publications and Indecent Shows.
Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in
obscene exhibitions and indecent shows, whether live or in video, or model in obscene
publications or pornographic materials or to sell or distribute the said materials shall suffer the
penalty of prison mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age,
the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall
cause and/or allow such child to be employed or to participate in an obscene play, scene, act,
movie or show or in any other acts covered by this section shall suffer the penalty of prison
mayor in its medium period.
There is an attempt to commit child trafficking of this Act: 1
When a child travels alone to a foreign country without valid reason therefor and without
clearance issued by the Department of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;
When a person, agency, establishment or child-caring institution recruits women or couples to
bear children for the purpose of child trafficking; or
When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of child trafficking; or
When a person engages in the act of finding children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the
purpose of child trafficking.
What are the distinguishing description of an accomplice liability
and accessory liability in RA 10364?
In RA 10364, one of the new provisions is the liabilities of an accomplice in trafficking.
Under this Act, an accomplice is anyone who knowingly aids, abets, cooperates in the execution of
the offense, whether by previous or simultaneous acts, and shall be punished in accordance with
this law.
Whereas, an accessory is any person that has the knowledge of the commission of the
crime and without having participated therein, takes part in the commission in any of the following
manners:
profiting themselves or assisting the offender to profit by the effects of the crime;
by concealing or destroying the boy of the crime; and
by harboring, concealing or assisting in the escape of the principal of the crime.
An accessory shall be liable to the penalties provided for in this Act.
Who may file the case among the offenders according to the law?
The following persons may file cases of trafficking in persons:
trafficked person;
the parents, spouse, siblings, children or legal guardian of the trafficked person; and
Anyone who has personal knowledge of the crime.
Who may be punished for trafficking in persons according to the law?
The following are identities which can be punished in violation of R.A 10364:
Any person, natural or juridical, found guilty of trafficking.
If the offender is a corporation, partnership, association, club, establishment or any
juridical persons, the penalty shall be imposed upon the owner, president, partner, manager,
and/or any responsible officer who participated in the commissions of the crime, or who
knowingly permitted or failed to prevent is commission.
If the offender is a foreigner, he or she shall be immediately deported after serving his/her
sentence and barred from entering the country.
References:
https://pcw.gov.ph/republic-act-7877-anti-sexual-harassment-act-of-1995/
https://www.officialgazette.gov.ph/2013/09/12/republic-act-no-10627/
https://pcw.gov.ph/republic-act-9262-anti-violence-against-women-and-their-children-act-of-2004/
https://www.dilg.gov.ph/PDF_File/reports_resources/dilg-reports-resources-
2017323_e21a5b9c4f.pdf
III. Learning Activity:
Due to the current situation your involvement in the 18-day campaign to end violence against
women and children (VAWC) will be celebrated through making poster that will showcase your
understanding, appreciation and support to the said campaign.
Each student of GADGRC class may submit a digital art or manual poster in support to the
mandated 18-day campaign to end violence against women & their children.
In at least 5 sentences discuss the message of your poster that reflects the issues &
concerns in consideration with the GAD applicable laws.
The poster will be graded according to these criteria:
Originality 30%
Creativity 20%
Relevance to the theme 50%
100%
You can make a digital art poster (long sized bond paper, by the use of any photo/graphics
editing software) or regular illustration board for manual poster (1/4 size, by the use of your
preferred coloring materials).
You may submit it thru our FB group chat for digital art poster on or before Midterm
Examination Schedule if you do not have access on the internet.