GOVPH

• What is the Solo Parent Act?

Republic Act No. 8972 otherwise known as the Solo Parents Welfare Act of 2000 declares that it is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development.  It provides for the rights and privileges of eligible solo parents in the country.  In 2021, the Act was amended through Republic Act No. 11861 otherwise known as the Expanded Solo Parents Welfare Act enhancing the benefits and privileges of the eligible solo parents and their children.

          Source: Section 2 of RA 8972 as amended.

• Who is considered a “Solo Parent”?

            A solo parent refers to any individual who falls under any of the following categories

• A parent who provides sole parental care and support of the child or children due to –

1. 1. Birth as a consequence of rape, even without final conviction: Provided, That the mother has the sole parental care and support of the child or children: Provided, further, That the solo parent under this category may still be considered a solo parent under any of the categories in this section;
   2. Death of the spouse;
   3. Detention of the spouse for at least three (3) months or service of sentence for a criminal conviction;
   4. Physical or mental incapacity of the spouse as certified by a public or private medical practitioner;
   5. Legal separation or de facto separation for at least six (6) months, and the solo parent is entrusted with the sole parental care and support of the child or children;
   6. Declaration of nullity or annulment of marriage, as decreed by a court recognized by law, or due to divorce, subject to existing laws, and the solo parent is entrusted with the sole parental care and support of the child or children; or
   7. Abandonment by the spouse for at least six (6) months;

• Spouse or any family member of an Overseas Filipino Worker (OFW), or the guardian of the child or children of an OFW: Provided, That the said OFW belongs to the low/semi-skilled worker category and is away from the Philippines for an uninterrupted period of twelve (12) months: Provided, further, That the OFW, his or her spouse, family member, or guardian of the child or children of an OFW falls under the requirements of this section;
• Unmarried mother or father who keeps and rears the child or children;
• Any legal guardian, adoptive or foster parent who solely provides parental care and support to a child or children;
• Any relative within the fourth (4th) civil degree of consanguinity or affinity of the parent or legal guardian who assumes parental care and support of the child or children as a result of the death, abandonment, disappearance, or absence of the parents or solo parent for at least six (6) months: Provided, That in cases of solo grandparents who are senior citizens but who have the sole parental care and support over their grandchildren who are unmarried, or unemployed and twenty-two (22) years old or below, or those twenty-two (22) years old or over but who are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition, they shall be entitled to the benefits of this Act in addition to the benefits granted to them by Republic Act No. 9257, otherwise known as the ‘Expanded Senior Citizens Act of 2003’; or
• A pregnant woman who provides sole parental care and support to the unborn child or children.”

Source: Section 4 of RA 8972 as amended. 

• How can I get a solo parent ID? 

You apply for a solo parent ID by completing the appropriate application form and the same along with the documentary requirements to the local DSWD office having jurisdiction over your residence. Some localities allow only online applications. 

• What are the requirements for applying for a solo parent ID?

1. Proof of Status as Solo Parent:
   • For those with a deceased spouse: PSA Death Certificate of a spouse
   • For those with detained/imprisoned spouse: Jail Records or Certificate of Detention
   • For those with an incapacitated spouse: Medical certificate from a public medical practitioner
   • For those with separated spouse: Legal declaration of separation, annulment, or nullity
   • PSA CENOMAR
2. Proof of Income:
   • Income Tax Return (ITR) or any document proving income
   • Certificate of Indigency (if applicable)
3. Proof of Residency:
   • Barangay Certificate or any government-issued ID indicating residence within the locality
4. Proof of Custody:
   • PSA Birth Certificate of child/children
5. Other supporting documentation (this may vary as may be required by DSWD):
   • Medical certificate of solo parent and/or child with special needs
   • Certificate of employment, if applicable

• Where do I apply for a solo parent ID?

Applicants should submit their application for solo parent ID at the nearest DSWD office which has jurisdiction over his or her residence. Some localities allow only online applications such as in Quezon City. 

• How long is the validity of the solo parent ID?

Solo parent ID should be renewed every year at the appropriate DSWD office upon its expiration.

Source: https://psahelpline.ph/blogs/a-simple-guide-to-obtaining-a-solo-parent-id-from-the-dswd Retrieved on: 7/25/2024 10:27PM

• What are the privileges of a solo parent?

Some of the privileges of a solo parent having a solo parent ID are:

1. Flexible Work Schedule: Employers are encouraged to provide flexible work arrangements to solo parents to accommodate their parental responsibilities.
2. Parental Leave: Solo parents are entitled to seven days of parental leave per year. This is not convertible to cash and is not cumulative if not used.
3. Educational Assistance: Educational assistance for solo parents’ children, including scholarships and grants.
4. Price Reductions: Thanks to RA 11861 (Expanded Solo Parents Welfare Act of 2022), solo parents can now access extra price reductions when buying different items from drug stores, pharmacies, grocery stores, and similar shops.
5. Cash Subsidy: Apart from discounts, eligible solo parents who earn the minimum wage will receive an extra monthly cash subsidy of Php1,000.00.

Source: https://psahelpline.ph/blogs/a-simple-guide-to-obtaining-a-solo-parent-id-from-the-dswd Retrieved on: 7/25/2024 10:27PM

• Does the law provide benefits to a solo parent employee?

Some of the benefits of a solo parent who is employed either in the government or in the private sector are:

1. Flexible Work Schedule: Employers are encouraged to provide flexible work arrangements to solo parents to accommodate their parental responsibilities.
2. Parental Leave: Solo parents are entitled to seven days of parental leave per year. This is not convertible to cash and is not cumulative if not used. The Parental Leave entitlement is available to a Solo Parent ID holder who has rendered at least one year of service, whether continuous or broken. The ID holder must have properly informed his or her employer that he or she will be taking a leave and the notice must have been done within the timeframe prescribed by the employer or as stated in the employment contract or handbook. The employee must present his or her valid Solo Parent ID upon leave application.

Source: https://psahelpline.ph/blogs/a-simple-guide-to-obtaining-a-solo-parent-id-from-the-dswd Retrieved on: 7/25/2024 10:27PM

• What is the Magna Carta for Women? 

Republic Act No. 9710 otherwise known as the Magna Carta for Women is a comprehensive women’s human rights law that seeks to eliminate discrimination through the recognition, protection, fulfillment, and promotion of the rights of Filipino women, especially those belonging to the marginalized sectors of society.

Source: https://pcw.gov.ph/faq-republic-act-9710-the-magna-carta-of-women/ Retrieved on 7/26/2024 at 9:50 A.M.

• What are the rights of women under the Magna Carta for Women?

The following are the rights of women expressly provided under the law:

1. Protection from all forms of violence, including those committed by the State.  This includes the incremental increase in the recruitment and training of women in government services that cater to women victims of gender-related offenses.  It also ensures mandatory training on human rights and gender sensitivity to all government personnel involved in the protection and defense of women against gender-based violence, and mandates local government units to establish a Violence Against Women Desk in every barangay to address violence against women cases;
2. Protection and security in times of disaster, calamities, and other crises, especially in all phases of relief, recovery, rehabilitation, and construction efforts, including protection from sexual exploitation and other sexual and gender-based violence;
3. Participation and representation, including undertaking temporary special measures and affirmative actions to accelerate and ensure women’s equitable participation and representation in the third-level civil service, development councils, and planning bodies, as well as political parties and international bodies, including the private sector;
4. Equal treatment before the law, including the State’s review and when necessary, amendment or repeal of existing laws that are discriminatory to women; 
5. Equal access and elimination of discrimination against women in education, scholarships, and training. This includes revising educational materials and curricula to remove gender stereotypes and images, outlawing expulsion, non-readmission, prohibiting enrollment, and other related discrimination against women students and faculty due to pregnancy outside of marriage; 
6. Equal participation in sports. This includes measures to ensure that gender-based discrimination in competitive and non-competitive sports is removed so that women and girls can benefit from sports development; 
7. Non-discrimination in employment in the field of military, police, and other similar services. This includes the same promotional privileges and opportunities as their male counterparts, including pay increases, additional benefits, and awards, based on competency and quality of performance. The dignity of women in the military, police, and other similar services shall always be respected, they shall be accorded the same capacity as men to act in and enter into contracts, including marriage, as well as be entitled to leave benefits for women such as maternity leave, as provided for in existing laws; 
8. Non-discriminatory and non-derogatory portrayal of women in media and film to raise the consciousness of the general public in recognizing the dignity of women and the role and contribution of women in family, community, and society through the strategic use of mass media; 
9. Comprehensive health services and health information and education covering all stages of a woman’s life cycle, and address the major causes of women’s mortality and morbidity, including access to among others, maternal care, responsible, ethical, legal, safe and effective methods of family planning, and encouraging healthy lifestyle activities to prevent diseases; 
10. Equal rights in all matters relating to marriage and family relations. The State shall ensure the same rights of women and men to: enter into and leave marriages, freely choose a spouse, decide on the number and spacing of their children, enjoy personal rights including the choice of a profession, own, acquire, and administer their property, and acquire, change, or retain their nationality.  It also states that the betrothal and marriage of a child shall have no legal effect.

Source: https://pcw.gov.ph/faq-republic-act-9710-the-magna-carta-of-women/ Retrieved on 7/26/2024 at 9:50 A.M.

• What are the benefits of women under the Magna Carta for Women?

Under the Magna Carta for Women as amended by RA 11210 otherwise known as the 105-Day Expanded Maternity Leave Law, the benefits of employed women include entitlement to a paid maternity leave period of 105 days in case of live birth, with an option to extend it for 30 more days, but without pay.  The law also grants an additional 15 days of paid maternity leave for those who qualify as solo parents under RA 8972.  These shall apply regardless of the mode of delivery. In cases of miscarriage or emergency termination of pregnancy, which includes stillbirth, the paid maternity leave shall be 60 days.  In the case of live birth, a female public sector worker may also avail of the additional 30 days of maternity leave without pay or use her earned sick leave credits for extended leave with pay.  Vacation leave credits may also be used if sick leave credits are not sufficient.   Extended maternity leave without pay shall not be considered as a gap in the government service.

• Who is eligible for the Expanded Maternity Leave (EML)?

1. Private Sector – to qualify for the grant of maternity leave benefits, a female member must have paid at least three monthly SSS contributions in the 12 months immediately preceding the semester of the birth, miscarriage, or emergency termination of pregnancy.
2. Public Sector - A pregnant female worker in the government service, regardless of employment status and length of service, in National Government Agencies, Local Government Units, Government-Owned or Controlled Corporations, State Universities and Colleges, or Local Universities and Colleges may avail of the maternity leave benefits.

• What are the requirements for availing EML in the government?

Whenever possible, the pregnant worker should notify the head of the agency of her pregnancy and the date of her maternity leave at least 30 days in advance.  The following documents shall be submitted to the agency to be entitled to the maternity leave benefits: 

1. Accomplished Application for Leave (Civil Service Form No. 6); 
2. Medical Certificate issued by a government or private physician as proof of pregnancy and estimated date of delivery;
3. Accomplished Clearance Form (Civil Service Form No. 7); and
4. Solo Parent ID for solo parents who want to avail of the additional maternity leave of 15 days.

Source: https://pcw.gov.ph/faq-republic-act-11210/ Retrieved on 7/26/2024 at 8:58 A.M.

• Is there a specific government office that focuses on promoting the interests of women in the country?

Yes. The Philippine Commission on Women (PCW) is mandated, among others, to institute the gender responsiveness of national development plans and coordinate the preparation, assessment, and updating of the National Plan for Women, ensure its implementation, and monitor the performance of government agencies in the implementation of the Plan at all levels. For more information, you may visit PCW’s official website at https://pcw.gov.ph/ 

Source: https://pcw.gov.ph/mission-and-vision/ Retrieved on 7/26/2024 9:48 A.M.

• What is the Magna Carta for Disabled Persons?

Republic Act (RA) No. 7277 otherwise known as Magna Carta for Disabled Persons as amended by RA 9442 and as further amended by RA 10754 is the law that provides for the rights and privileges of eligible persons differently abled including, among others, the rights of a PWD employee and benefits of their employer.

Source: Section 2 of RA 7277

• Who is considered PWD?

Disabled Persons or PWD are those suffering from the restriction of different abilities, as a result of mental, physical, or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.  Disability can either be apparent or non-apparent. 

1. Apparent disability is manifested by the presence of physical Impairment and impaired mobility or function such as being blind, missing limbs, limping, and the like.
2. Non-apparent disabilities are those that are not manifested physically such as the following:
   • Deaf/Hard of Hearing Disability
   • Intellectual Disability
   • Learning Disability
   • Mental Disability
   • Psychosocial Disability
   • Non-apparent Visual Disability
   • Non-apparent Speech and Language Impairment
   • Non-apparent cancer
   • Non-apparent rare disease

Source: Section 2(a) of RA 7277 and NCDA Administrative Order No. 001 Series of 2021

• How can I get a PWD ID? 
  • What are the requirements for applying for a PWD ID?

1. Two “1×1” recent ID pictures with the names, and signatures or thumb marks at the back of the picture.
2. One valid government ID
   • For children, school ID will be accepted, in the absence of school ID, a photocopy of the Birth Certificate will be required.
   • For applicants of legal age, one valid government ID is required.  In the absence of a valid ID, a Barangay Certificate will be required.  This may also be used as his proof of residence if the ID has no address indicated or if the ID indicates a different or old address.
   • For guardian/representative:
     1. Guardian, proof of guardianship
     2. Authorized Representative, notarized authorization letter
3. Proof of residence
   • Voters ID;
   • Barangay certificate; or
   • Utility bills with exact name and address.

• Where do I apply for a PWD ID?

PWD application forms can be obtained from and submitted to the following:

1. Municipal and City Social Welfare Offices / Persons with Disability Affairs Offices
2. Department of Health
3. National Council on Disability Affairs

Source: NCDA Administrative Order No. 001 Series of 2021

• What are the privileges of a PWD?

Some of the benefits of a PWD with a valid PWD ID are:

1. 20% discount for all services in hotels and similar lodging establishments, restaurants & recreation centers.
2. A minimum of 20% discount on admission fees at theaters, cinema houses, concert halls, circuses carnivals, and other similar places of culture, leisure, and amusement.
3. At least 20% discount for all purchases of medicines in all drugstores.
4. At least 20% discount on medical & dental services including (diagnostic and laboratory fees & professional fees of attending doctors in all private hospitals & medical facilities).
5. At least 20% discount on fares for domestic air and sea travel.
6. At least 20% discount on actual fare for land transportation travel such as, but not limited to, public utility buses or jeepneys (PUBs/PUJs), taxis, Asian utility vehicles (AUVs), shuttle services, and public railways, including Light Rail Transit (LRT), Metro Rail Transit (MRT) and Philippine National Railways (PNR)
7. Educational assistance to pursue primary, secondary, tertiary, post-tertiary, vocational, or technical education in public & private schools through scholarship grants, financial aids, subsidies, and other incentives such as books, learning materials & uniform allowance (DEPED).
8. Continuation of benefits of GSIS, SSS & PAG-IBIG (previously employed ) as the case may be necessary.
9. Special discounts (5%) in special programs for Persons With Disabilities on purchase of basic commodities (with guidelines from DTI & DA).
10. Provision of express lanes for Persons With Disabilities in all commercial and government establishments.

Source: Section 1 of RA 10754 and https://www.dswd.gov.ph/faqs/pwd-privileges/ Retrieved on 7/25/2024 11:00 P.M.

• How do I avail of the PWD benefits?

The benefits and privileges indicated in the Act are available to persons with disability who are Filipino citizens, upon submission of any of the following as proof of his/her entitlement thereto:

1. An identification card issued by the Persons with Disability Affairs Office (PDAO) or the City / Municipal Social Welfare and Development Office (C/MSWDO) of the place where the person with disability resides.
2. The passport of the concerned person with apparent disability.
3. An identification card issued by the National Council on Disability Affairs. This is on a case-to-case basis for emergency purposes only, provided that the PWD ID number coding shall be retained in accordance with the official residence of the person with a disability.

Source: Section 11 of the IRR of RA 10754

• May I avail of the PWD benefits on top of other discounts?

No.  In the purchase of goods and services that are on promotional discount, persons with disability can avail of the establishment’s offered discount or the 20% discount provided herein, whichever is higher and more favorable.  In cases where the person with a disability is also a senior citizen entitled to a 20% discount under his/her valid senior citizen identification card (ID), the person with disability shall use either his/her PWD ID Card or Senior Citizen ID card to avail of the 20% discount.

Source: Section 12 of IRR of RA 10754

• Does the law provide benefits to a PWD employee?

Magna Carta for Disabled Persons provides that PWDs in the workplace shall be entitled to:

1. Equal employment opportunity.
2. Apprenticeship.
3. Sheltered Employment including inclination to ensure a good working atmosphere and efficient production.
4. Protection against discrimination on job application procedures, the hiring, promotion, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

• Is there a specific government office that handles PWD affairs in the Philippines?

Yes. The National Council for Disability Affairs is a government office tasked to lead the implementation of programs and services for PWDs. You may visit their official website at https://ncda.gov.ph/ for more information.

• Senior Citizens Law

Republic Act No. 7432 also known as the Senior Citizen Act which was enacted in 1992 provides for the rights and privileges of Filipino senior citizens in the country.  The law was expanded by Republic Act 9994 otherwise known as the Expanded Senior Citizens Act of 2010.

Source: RA 7432 and RA 9994

• Who are considered Senior Citizens?

Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60) years old.

Source: Section 3 of RA 9994. 

• What are the requirements for applying for a Senior Citizen ID?

The following are the documents you need to comply with before applying for a senior citizen ID card.

1. Proof of Age

• Applicants must provide a document that verifies their age. Accepted documents may include:
• Birth Certificate issued by the Philippine Statistics Authority (PSA) or Local Civil Registry Office
• Baptismal Certificate
• Any valid government-issued identification document that shows the applicant’s date of birth, such as a passport or driver’s license

2. Proof of Citizenship

Applicants need to present documentation that proves their Filipino citizenship. Acceptable documents may include:

• Philippine Passport
• Birth Certificate issued by the Philippine Statistics Authority (PSA) or Local Civil Registry Office
• Certificate of Naturalization or Citizenship issued by the Bureau of Immigration for naturalized citizens

3. Filled Out Application Form

Applicants are required to complete the application form provided by the Office of the Senior Citizens Affairs (OSCA) in their municipality or city.  The form typically includes personal information such as name, address, date of birth, and contact details.

4. Valid Identification

Applicants should present a valid government-issued identification document for identity verification purposes. Acceptable IDs may include:

• Philippine Passport
• Driver’s License
• Social Security System (SSS) ID
• Government Service Insurance System (GSIS) ID
• Professional Regulation Commission (PRC) ID
• Unified Multi-Purpose ID (UMID)

Additional Documents

In some cases, additional documents may be required by the local government unit (LGU) or the Office of the Senior Citizens Affairs (OSCA) to support the application. These additional documents may vary depending on specific requirements set by the LGU.

• Where do I apply for a Senior Citizen ID?

There are two (2) ways to apply for Senior Citizen ID: 

1. Apply to the nearest Office of Senior Citizens Affairs (OSCA) in the locality having jurisdiction over your residence; and 
2. Apply online through the link https://www.oscaportal.com/registration.php. This is the official OSCA portal registration.

Source: https://dswdcashassistance.ph/senior-citizen-id-card-how-to-apply/#:~:text=A%20Senior%20Citizen%20ID%20serves,acknowledges%20their%20contributions%20to%20society.&text=Many%20healthcare%20institutions%20offer%20special%20services%20and%20discounts%20to%20senior%20citizens Retrieved on 7/26/2024 at 1:52 P.M.

• What are the privileges of a Senior Citizen?

The senior citizens shall be entitled to the following:

• Twenty percent (20%) discount and exemption from the value-added tax (VAT), if applicable, on the sale of certain goods and services from all establishments, for the exclusive use and enjoyment or availment of the senior citizen.
• Exemption from the payment of individual income taxes of senior citizens who are considered to be minimum wage earners by Republic Act No. 9504;
• The grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and electricity supplied by the public utilities, subject to certain conditions;
• Exemption from training fees for socioeconomic programs;
• Free medical and dental services, diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans, and blood tests, in all government facilities, subject to the guidelines to be issued by the DOH in coordination with the PhilHealth;
• The DOH shall administer free vaccination against the influenza virus and pneumococcal disease for indigent senior citizen patients;
• Educational assistance to senior citizens to pursue post secondary, tertiary, post-tertiary, vocational, and technical education subject to certain conditions;
• To the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), the Social Security System (SSS), and the PAG-IBIG, as the case may be, as are enjoyed by those in actual service;
• Retirement benefits of retirees from both the government and the private sector shall be regularly reviewed to ensure their continuing responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at par with the current scale enjoyed by those in actual service;
• To the extent possible, the government may grant special discounts in special programs for senior citizens on the purchase of basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA);
• Provision of express lanes for senior citizens in all commercial and government establishments; in the absence thereof, priority shall be given to them; and
• Death benefit assistance of a minimum of Two thousand pesos (Php2,000.00) shall be given to the nearest surviving relative of a deceased senior citizen which amount shall be subject to adjustments due to inflation by the guidelines to be issued by the DSWD.

Source: Section 4 of RA 9994.

• Does the law provide benefits to a senior citizen employee?

Yes. Under the law, Senior citizens who have the capacity and desire to work, or be re-employed, shall be provided information and matching services to enable them to be productive members of society. The terms of employment shall conform with the provisions of the Labor Code, as amended, and other laws, rules, and regulations.  Private entities that will employ senior citizens as employees, upon the effectivity of this Act, shall be entitled to an additional deduction from their gross income, equivalent to fifteen percent (15%) of the total amount paid as salaries and wages to senior citizens, subject to the provision of Section 34 of the NIRC, as amended: Provided, however, that such employment shall continue for at least six (6) months: Provided, further, that the annual income of the senior citizen does not exceed the latest poverty threshold as determined by the National Statistical Coordination Board (NSCB) of the National Economic and Development Authority (NEDA) for that year.  The Department of Labor and Employment (DOLE), in coordination with other government agencies such as, but not limited to, the Technology and Livelihood Resource Center (TLRC) and the Department of Trade and Industry (DTI), shall assess, design and implement training programs that will provide skills and welfare or livelihood support for senior citizens.

Source: Section 5 of RA 9994.

• Do I need a Senior Citizen ID to avail of the privileges of a senior citizen?

Yes. In the availment of the privileges mentioned above, a senior citizen, or his/her duly authorized representative, may submit as proof of his/her being entitled  thereto any of the following: 

1. an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place where the senior citizen resides: Provided, that the identification card issued by the particular OSCA shall be honored nationwide; 
2. the passport of the senior citizen concerned; and 
3. other documents that establish that the senior citizen is a citizen of the Republic and is at least sixty (60) years of age as further provided in the implementing rules and regulations.

Source: Section 4 of RA 9994.

• Can I avail of the senior citizens discount on top of the prevailing store discount?

No. In the purchase of goods and services that are on promotional discount, the senior citizen can avail of the promotional discount or the discount provided herein, whichever is higher.

Source: Section 4 of RA 9994.

• What is the Safe Spaces Act?

Republic Act No. 11313 otherwise known as the Safe Spaces Act enacted in 2018 defines gender-based sexual harassment in streets, public spaces, online, workplaces, and educational or training institutions, providing protective measures and prescribing penalties therefor.

Source: RA 11313

• What are the prohibited acts under the Safe Spaces Act? 

The crimes of gender-based streets and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such actions or remarks.  Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent uninvited comments or gestures on a person’s appearance, relentless requests for personal details, statements of sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety, and committed in public spaces such as alleys, roads, sidewalks, and parks.  Acts constitutive of gender-based streets and public spaces of sexual harassment are those performed in buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops, public markets, transportation terminals, or public utility vehicles.

Source: Section 4 of RA 11313.

• Are acts of harassment committed online included in the punishable act under the Safe Spaces Act?

Yes. Gender-based online sexual harassment is also punishable. They include 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 victims’ 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.

Source: Section 12 of RA 11313.

• Who can benefit from the Safe Spaces Act?

Any person who experiences gender-based harassment whether in streets or public places, in the workplace, or online and social media can benefit from the Safe Spaces Act.

Source: RA 11313

• What are the penalties for a violator of the Safe Spaces Act?

Penalties for committing prohibited acts provided under the Safe Spaces Act vary depending on the gravity of the offense which range from Php1,000.00 to Php500,000.00 fine and/or imprisonment of six (6) days to four (4) years and two (2) months.  Penalties next higher in degree shall be imposed in case of qualified gender-based sexual harassment.

Source: Section 11, 14, and 15 of RA 11313.

• Where do I report when I am a victim of a Safe Spaces Act violation?

1. Workplace. Gender-based sexual harassment committed in the workplace may be reported to the Committee on Decorum Investigation (CODI) or the equivalent body of the office where the harassment was committed. 
2. Online. For online gender-based sexual harassment, the same may be reported to the Philippine National Police Anti-Cybercrime Group (PNPACG). 
3. Other public places.  For sexual harassment in streets and public places, the Metro Manila Development Authority (MMDA), the local units of the Philippine National Police (PNP) for other provinces, and the Women and Children’s Protection Desk (WCPD) of the PNP shall have the authority to apprehend perpetrators and enforce the law.

Source: Sections 10, 13, and 17 of RA 11313

• Is there a fee when I report or file a case for violation of the Safe Spaces Act? 

No. There is no filing fee for filing administrative or criminal cases for violation of the Safe Spaces Act.

• Do I need a lawyer when I file a case for violation of the Safe Spaces Act?

No. When filing a criminal case for violation of the Safe Spaces Act, the complainant may seek assistance from the PNP women’s desk or the public Attorney’s office which can guide you in the legal process of filing a case.  In the case of administrative cases for violation of the Safe Spaces Act, the complainant only needs to seek assistance from his or her employer following the internal mechanism of the company or the office for such cases. Private employers are mandated by law to Create an independent internal mechanism or a committee on decorum and investigation to investigate and address complaints of gender-based sexual harassment. Government offices follow the applicable Civil Service Commission (CSC) rules in investigating cases of gender-based sexual harassment. 

• What is the VAWC Act?

Republic Act No. 9262 otherwise known as the Anti-Violence Against Women and their Children Act of 2004 is a law that seeks to address the prevalence of violence against women and their children (VAWC) by their intimate partners like their husbands or ex-husbands, live-in partners or former live-in partners, boyfriends/girlfriends or ex-boyfriends/ex-girlfriends, dating partners or former dating partners.

• What are the prohibited acts under the VAWC Act? 

• • Physical Violence – acts that include bodily harm (battery)

1. 1. 1. 1. causing/threatening/attempting to cause physical harm to the woman or her child;
         2. placing the woman or her child in fear of imminent physical harm

• • Sexual Violence – the acts which are sexually committed against a woman or her child such as but not limited to:

1. 1. 1. 1. Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing him or her to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser.
         2. Causing or attempting to make the woman or her child perform sexual acts (that do not constitute Rape) by use of force, threats, or intimidation directed against the woman, her child, or her immediate family.
         3. Prostituting the woman or her child.

• • Psychological Violence – Acts or omissions causing or likely to cause mental or emotional suffering of the victim which includes, but is not limited to the following:

1. 1. 1. 1. Controlling or restricting the woman’s or her child’s movement or conduct
         2. Threatening to or depriving the woman or her child of custody or access to her/his family;
         3. Depriving or threatening to deprive the woman or her child of legal rights;
         4. Causing mental or emotional anguish, public ridicule, or humiliation to the woman or her child, e.g. repeated verbal and emotional abuse, denial of financial support or custody of minor children, or denial of access to the woman’s child/children
         5. Threatening or inflicting physical harm on oneself to control the woman’s actions or decisions;
         6. It includes causing or allowing the victim to witness the physical, sexual, or psychological abuse of a member of the family to which the victim belongs, to witness pornography in any form, or to witness abusive injury to pets or unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
         7. Causing substantial emotional or psychological distress to the woman or her child:
         8. Stalking or following the woman or her child in public or private places; 
         9. Peering in the window or lingering outside the residence or the woman or her child; 
         10. Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; 
         11. Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; 
         12. Engaging in any form of harassment or violence

• • Economic Abuse – Acts that make or attempt to make a woman financially dependent upon her abuser, such as but not limited to the following:

1. 1. 1. 1. Preventing the woman from engaging in any legitimate profession, occupation, business, or activity except in cases wherein the other spouse/partner objects on valid, serious, and moral grounds as defined in Article 73 of the Family Code;
         2. Controlling the woman’s own money or property; or solely controlling the conjugal or common money/properties;
         3. Destroying household property;

• Who can benefit from the VAWC Act?

The following are the persons who are protected by R.A. 9262: 

• 1. Wife;
  2. Former Wife; 
  3. A woman with whom the offender has had sexual relations.  Sexual relation refers to a single sexual act that may or may not result in the bearing of a common child;
  4. A woman with whom the offender has a common child; an
  5. The legitimate or illegitimate child of the woman within or without the family abode

• What are the penalties for the violator of the VAWC Act?

Offenders proven in court to be guilty of the crime shall be penalized with imprisonment ranging from 1 month and 1 day to 20 years, payment of P100,000 to P300,000 in damages, mandatory psychological counseling, or psychiatric treatment.

• Where can I seek help when I am a victim of VAWC Act violation?

The victim or the complainant in a VAWC case may go to the following offices for assistance:

1. • Barangay VAW Desk in your Barangay Hall 
   • Provincial/City/Municipal Social Welfare and Development Office of Local Government Units 
   • Department of Social Welfare and Development (DSWD) Community-Based Services Section (CBSS) 
   • Legarda, Manila
     • Tel. Nos.: 733-0014 to 18 local 116 / 488-2861
   • Philippine National Police (PNP) Women and Children Protection Center Camp Crame, Quezon City

• • • Tel. No.: 410-3213 / 532-6690
    • Aleng Pulis Text Hot-line: 0919-777-7377
    • Emergency Hotline: 911
  • Women and Children Protection Desk of nearest Precinct
  • National Bureau of Investigation (NBI) Anti-Violence Against Women and Children Division (VAWCD)

V-Tech Tower, G. Araneta Avenue, Quezon City

• • • Main Office: (02) 8523-8231 to 38 / (02) 8525-6028
  • PNP Women and Children Protection Center (WCPC)
• • • Main Office: (02) 8532-6690 / 7410-3213 / 7723-0401 local 5260, 5360, 5361
    • Visayas: 0917-7085157 / (032) 410-8483
    • Mindanao: 0917-1806037
    • Aleng Pulis: 0919-7777377 / 09667255961
  •  DOJ – Public Attorney’s Office (DOJ-PAO)
• • • (02) 8929-9436 local 106, 107 or 159 (Local “0” for operator)
  • DOJ Action Center: (02) 8521-2930 / 8523-8481 loc. 403
  • UP-PGH Women’s Desk
• • • Tel. nos.: (02) 8353-0667 / 8542-1512 / 8554-8400 local 2536
  • DOH Hospitals, Women and Children Protection Unit
  • Women’s Crisis Center (WCC) Women and Children Crisis Care and Protection Unit Vito Cruz, Manila
    • Tel. no.: (02) 8514-4104
• • • Mobile: 0920-9677852 / 0917-8250320

Source: https://pcw.gov.ph/faq-republic-act-9262/ Retrieved on 7/26/2024 at 2:56 P.M.

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