Republic of the Philippines City of Baguio SANGGUNIANG PANLUNGSOD (CITY COUNCIL) REGULAR SESSION HELD ON 12 FEBRUARY 2018 PRESENT n. Edison R,Bilog, Ci ENTon. Edison R, Bilog, City Vice-Mayor: Hon. Leandro B, Yangot Jr, Mc Hon Eagar Mt Aviat VenBers Hon. Joel A. Alangsab, Member Hon: Faustino A. Olowan, Member Hon. Elmer. Baiun, Member ember fon. Maria Mylen Vicioria G. Yaranon, ri Hos Hine Dy Senbrane, Wonder as : ion. Peter C. Fianza, Meniber an r Hom Lil Ac Fapnag Memberc™ Tomnorary Presiding Officer Hon. Arthur Ly Allad.i, Member, fon. Benny 0. Bomiogad, Member, Hon Fealec Rober ‘Ortega Vi, Member; and apsenfo™ Michael L. Lawana, Be-Offcio Member. None. VACANT. Officio Member (President, Ped X-Officio Member: lerasyon ng n mniang Kabataan, cig Mayubes (President, Pederasyon ng mga Sangguniang Kabataan, tospeed Bs pn Jal A. Alas, tee ee sa Mone fae Senbi ORDINANCE Numbered 021 (Series of 2018) PROHIBITING GENDER-BASED STREET AND PUBLIC SPACES HARASSMENT IN BAGUIO CIty, AND PRESCRIBING PENALTIES ‘THEREOF, AND FOR OTHER PURPOSES. Explanatory Note Strest harassment isa daily realty for an overwhelming majority of women and lesb, gay, bisexual, and transgenders in the country, however, t Epecificaly address this malaise, ‘Te provisions of the Re joes not cover with exactitude gender-based, misogy: tic and homophobic public ere are no clear-cut laws that ed Penal Code on unjust vexation spaces harassment considering that it did not clearly define or specify the particular acts or omissions punished, whilst provisions on sexual harassment only at, present cover harassment in the Workplace between a superior and subordinate. Hence, an ordinance that penalizes gender-based street and public spaces harassment is long-overdue. This: ordinance provides penalties against unwanted comments, gestures, and forced on a person in a public place without their consent and is directed at them because actions of their actual or perceived sex, gender, gender expression, or sexual orientation and identity, inehuding ‘but nol limited to unwanted cursing, wolf-whistling, cat-celling, leering, sexist, homophobic or transphobic slurs, persistent reguesis for somcone’s name, number or destination after clear Tetusal, persistent felling of sexual jokes, use of sexual names, comments and demands, following, flashing, public masturbation, groping, and stalking, NOW, THEREFORE, on motion of Hon. Farifias, Hon. Alangsab, and Hon. Allad-iw, duly seconded, BE 1T ORDAINED BY THE SANGGUNIANG PANLUNGSOD (CITY COUNCIL) IN SESSION ASSEMBLED THAT: SECTION 1: TITLE. ~ This Ordinance shall be known as the “SAFE STREETS AND PUBLIC SPACES ORDINANCE OF BAGUIO CITY.” SECTION 2: DEFINITION OF TERMS: 1. Gender-based street and public spaces harassment is constitutive of unwanted Stents, pestares, and actions forked on a person in a public space, without tet Songent and is. direcied at them because of their actual or perceived sex, gender, See a eo oe sequal ofienition and ideoity, including but not limited t6 Bender, SAPIESSION, OF Ser Te catcalling’ lesting, sexit, homophobic or transphobic slurs, after clear refusal, and demands, following, flashing, public masturbation, groping, stalking, analogous cages of sexual harassment and/or assault; provided that Te expressions of indigenous culture and tradition with no intent to harass shal penalized; and ‘persistent requests for somegne’s name, number and destination Persistent telling of sexual jokes, use of sexual names, comments and all timate not be 2. Public spaces shall include but are not limited to, streets and alleys, public parks, eyplie Manwerament ouildings, malls, bars, restaurants, transportation terminals, publi sharkets, and public utility vehicles. 3, Wolf-whistling is the act of making a distinctive two-note whistled sound made to Show high interest in or approval of something or someone, especially a ‘viewed as physically or soxtally attractive. ‘womanOrdinanee Numbered 021, Seri 0f 2018, page 2. 4, Cat-calling is the act of making a whistle, shout, or comment of a sexual nature to a ‘woman passing by. 5. Leering is the act of looking with a sidelong glance, especially suggestive of lascivious interest or sly and malicious intention, 6. Sexist meang relating to or characterized by prejudice, stereotyping, or discriminat typically against ‘wouren, On the basis ofsex Se eer ne ce ey 7. Homophobic means having or showing a dislike of or prejudice against homosexual people. 8, Transphobie means intense dislike of or prejudice against trenssexual or transgender people. 9. Slur means an insulting or disparaging remark, 10. Misogynistic means reflecting or exhibiting hatred, dislike, mistrust, or mistreatment of women. SECTION 3: PROHIBITED ACTS AND PENALTIES. - of gepdstbaral Seoat tea bbe pees arateat WA be peasioed wader Be cosenpondg penalties: a. Cursing, wolf-whistling, cat-calling, Setar the use of words tending leering; ‘ending “0 ridicule on the basis of actual or perceived sex, persistent requests for name and contact, gender expression, or sexual orientation and identity includit . ie an FEISS GbE sha ac te potent ing of ental ess Tne HPA HOMeHODK 18 offense —a fine of PhP 1,000.00; 2% offense — a fine of PhP 3,000.00; offense —a fine of PhP 3,000.00. Subsequent Offenses ~ a fine of PhP 5,000.00 or imprisonment for a period not ‘ceeding 6 mouths, or both al the discretion of the court.” b. Making offensive body gestures at someone, exposing private parts for tho sexual Mratiigadon of the perbetator with the olive of demeaning, harassing, threatening oF {intimidating the offended party, Poffense —a fine of PhP 2,000.00; ‘offense — a fine of PhP3, 000.06; 3" offense — a fine of PRPS, 00.00; Subsequent Offenses ~ a fine of PhP $,000.00 and imprisonment for od no ren eg months. or both atthe dsoreson of he sours Pe c. Stalking; all the acts mentioned in paragraphs a and b, when accompanied by touching, pinching or brus i against te body of a person; or any touching, pinching, Or Drushin Prninet ne genitals, caus, grom, breasts, inaer thighs, face, or BAoeks ev a jacks even when not acotmpanied by acts mentioned th paragraphs a an Mf offense ~ a fine of PhP 3,000.00; 2 offense —a fine of PhP 4,000.00; 3° offense — a fine of PP 5,000.00; Subsequent Offenses - a fine of PhP 5,000.00 and imprisonment for a period not the ‘exceeding 6 months, or both at ihe discretion of ‘court. ‘The, above penalties are without prejudice to. any administrative sanctions that may be imposed to the violator when ap} licable. If the violator isa minor (person below 18), he.or she must HORSE te dhs neweert Socal Wells and Development Otficer for dispensation of appropriate be brought tthe nett, Gayens Justice and Welfare Law) andor to the-school auhorites atthe School where the minor is enrolled. SECTION 4: “NO MEANS NO” PRINCIPLE. - When the victim utters the phrase ‘means no" of i translation sn, the local dialer, the presumption of absence of consent is rendered conclusive, Further, when the violator is a stranger tot victim, absence of consent is also presumed. SECTION 5: a. PHILIPPINE NATIONAL POLICE, WOMEN AND CHILDREN’S DESKS AND BARANGAY VIOLENCE AGAINST WOMEN (VAW) DESKS. The Women and Children’s Desks. “now existing i all police stations well as he Barangay Violence Agninst Women's Desks in the 128 Barangays of "Baguio City shall act on and attend to all complaints covered Under this Ordinaitce. and shall coordinate with the authorities, the Public and Order Safety Divis ions. Officers, Barangay Tanods, the security guards in privately-owned spaces, open to the public, and Shi geal harassment officers in governint and private offices or schools inthe enforceinent ofthe provisions of this Ordinance, Further, the aforementi ot ned Desks shall Keep a ledger of offenders of his Ordinance for purposes of determining if the offender is a first, second, or third offender. Restaurants, bars, cinemas, malls, bui public shall adopt a zero-tolerance policy against harassment ings and other privately-owned places open to the Ch th hese establishments. shall, provide Ragstange 1o victuns of harassment by helping coordinate with the PNP Women and Children’s Desks and he Barangay VAW Des nin ej allah of he reported rast ‘making CCTV Footage availa iz, and providing a safe gender-censitive environment to encourage victims to report Farasement at the ‘ist instance. ‘Securlly guards in these places may be deputized to, appreliend petrtorsegught ip flagrant deli and are eau fe PNP, fomen and Children’s Desks or the Barangay VAW: “ ired to immediately coordinate with t Jesks for appropriate action.Ordinance Numbered 021, Series of 2018, page 3. Further, the Persons-in-charge on the above-enumerated establishments. shall_ prominent! st and ay the “NO TO” GENDER-BASED STREET AND PUBLIC. SPACI JARASSMENT signage in the igcations most visible fo the public, At the very leas, the "NO TO GENDER-BASED STREET AND PUBLIC SPACES HARASSMENT™ signage must be posted at the entrance to the area, which shall be at least 8 x 11 inches in size, The signage shall chow the following information: NO TO GENDER-BASED STREET AND PUBLIC SPACES HARASSMENT As per ORDINANCE NO. 21 series of 2018 ‘Violators can be fined up to Report violations to [Hotline Number of PNP Women and Children's Desks] b. CREATION OF ELECTRONIC DATA BASE. An electronic Data Bese shall purposely be crested for encoding of names of offenders to montoridctemmune if they are fis Second, or thitd lime offenders for easier access of the monitorime agencies, that will capture an save the photo of the offender, for the reagon that it is possible for offenders to hide their true idenity, dnd others may not have identification cards with them. SECTION 6. SAFETY AUDITS. The PNP Women and Children’s Desks and Barangay Violence ‘Against ‘Women's (VAW) Desks mentigned in the preceding section ace hereby Tequired to conduct safety audits every year, to determine effective, implementation of the Ordinance ‘within their jurisdictions. Such audits shail be multi-sectoral and participatory, with consultations undertaken with schoois and civil society organizations. SECTION 7: SEPARABILITY CLAUSE- If any provision’ of this ordinance or application of provision, to any person is declared invalid. or unconstitutional, all other provisions of ihiB measure not afeted by such declaration shall remain in Fores and effect. SECTION 8: REPEALING CLAUSE: All ordinances, resolutions, executive orders, rules ‘and regulations, and other administrative issuances, or the provisions thereof, which are contrary to or inconsistent herewith are hereby repealed or modified accordingly. ): EFFECTIVITY CLAUSE: This Ordinance shall take effect upon approval ofthis onisante in acoaraance with the provisns of he Local Government Code of 5T Passed, Hon, Vice Mayor Bilog, Hon, Avila, and Hon, Datuin were out of the Session Hall during the deliberation and voting. CERTIFIED CORRECT: Attested, BRI |GWAYAN FEB 15 2018 Se ‘Sanggunian APPROVED: May AN city Méjor &. 20 FEB 2010