ORDINANCE LOCALIZING THE APPLICATION OF THE SAFE SPACES ACT OF 2019 IN THE CITY OF MARIKINA AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF OTHERWISE KNOWN AS THE "BAWAL BASTOS ORDINANCE OF 2019

$rpuLliha ng ffTlipinaz SANGGUNIANG PANLUNGSOD NG MARIKINA Ordinance No. 143 Series of20l9 ORDINANCf, LOCALIZING THE APPLICATION OF THE SAFE SPACES ACT OF 2019 IN THE CITY OF MARIKINA AND PROVIDING PENALTIES FORVIOLATIONS (BAWAL THEREOF OTHERWISE KNOWN AS THE BASTOS ORDINANCE OF 2019" Introduced by. Councilor CARL ELI F. AFRICA Councilor LEVY DL. DE GUZMAN Councilor ROMINA KATE N. DE GUZMAN Vice-Mayor MARION S. ANDRES, M.D. Co-sponsored by. Councilor ROMMEL S. ACUNA Councilor SERAFIN Y. BERNARDINO Councilor CLOYD S. CASIMIRO Councilor PAUL B. DAYAO Councilor DONN CARLO B. FAVIS Councilor SAMUEL S. FERRIOL Councilor RENATO B. MAGTUBO Councilor JOEL V. RELLEVE, M.D. Councilor RUBEN R. REYES Councilor THADDEUS ANTONIO M. SANTOS, JR Councilor MANUEL E. SARMIENTO Councilor LOR-ETO F. TOLENTINO, JR Councilor ZIFFRED A. ANCHETA CouncilorJONAS MERVIN D. REYES WIIERf,AS, Section 11, Article tr of the Constitution provides that the State values the dignity ofevery human person and guarantee full respect for human rights; WHEREAS, Section 8 of Republic Act 11313 provides for duties of Local Govemment Units with primary responsibility to enforce certain provisions of said Act, including the passage ofan ordinance to localize applicability of the Act, and impose fines on acts of gender-based sexual harassment, inter alia; WHEREAS, the City Govemment of Marikina is committed to ensuring that all places within its jurisdiction are safe at all times to all people, regardless of appearance, age, background, color, race, sex, gender orientation, identity, or expression; NOW THEREFORE, be it ORDAINED as it is hereby ORDAINED by the Sangguniang Panlungsod ng Marikina, in session duly assembled, that Section l. Title. - This Ordinance shall be known as the "Bawal Bastos Ordinance of 2019" Ordinance No. 143 of Series 2019 2 of Page Section 2. Purpose. - This Ordinance provides local mechanisms for the implementation of Republic Act I l3l3 including those for businesses, organizations, and schools. This Ordinance fu(her prohibits acts of sexual harassment and acts which threaten and violate safe spaces, and provides penalties for violations thereof. Section 3. DeJinition of Terms. - For purposes of this Ordinance, the following terms are hereby defined as used in the Safe Spaces Act of 2019, to wit: a Catcalling - refers to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and misogynistic, transphobic, homophobic and sexist slurs; b. Employee refers to a person who, in exchange lor remuneration, agrees to perform specified services for another person whether natural or juridical, and whether private or public, who exercises fundamental control over the work, regardless ofthe term or duration ol agreement, provided that for the purposes of this law, a person who is detailed to an entity under a subcontracting or secondment agreement shall be considered an employee; c Employer - refers to a person who exercises control over an employee, provided, that for the purposes of this Ordinance, the status or conditions of the latter's employment or agreement shall be disregarded; d. Gender - refers to a set of socially ascribed characteristics, forms, roles, attitudes, value, and expectations identifoing the social behaviour of persons and the relationship between them; e. Gender-based online sexual harassment refers to online conduct targeted at a particular person that causes or likely to cause another mental, emotional, or psychological distress, and fear of personal safety, sexual harassment acts include unwanted sexual advances, remarks and comments, tkeats, uploading or sharing of one's photographs or image without consent, video and audio recordings, cyber-stalking and online identity theft; f. Gender identity and,/or expression - refers to the personal sense ofidentity as characterized, among others, by manner ofclothing, inclinations, and behaviour in relation to masculine and feminine conventions, regardless of physiological characteristics; g. Public spaces - refers to streets and alleys, public parks, schools, building, malls, bars, restaurants, transportation terminals, public markets and other shopping centers, other privately-owned places open to the public, spaces used as evacuation centers. government offices, places of work, public utility vehicles as well as private vehicles covered by app based transport network services, and other such vehicles purporting to be ofpublic utility, and other recreational spaces such as but not limited to cinema halls, sports arenas, theatres, spas, and swimming pools; and h. Statking - refers to conduct directed to a person involving the repeated visual or physical proximity non-consensual communication, or a combination thereof that cause or likely cause a person to fear for one's own safety or safety of others to suffer emotional distress. Article I Gender-based Streets and Public Spaces Sexual Harassment. .rt' Ordinance No. 143 of Series 2019 3 of Page l2 Section 4, Gender-bosed Slreets and Public Spaces Ssual Harassmenlt. The crimes ofgender- based streets and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks against any person regardless ofthe motive for commrning such action or remarks. Gender-based streets and public spaces sexual harassment including the following are hereby declared unlawful: a. Catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs; b. Persistent uninvited comments or gestures on a person's appearance, c. Relentless requests for personal details including unwelcome asking for name, school, workplace, address, age, and the like; d. Statement of sexual comments and suggestions, telling of offensive and sexuallyJoaded jokes, names, and innuendoes, taunting a person with constant talk about sex; e. Staring or leering maliciously; f Public masturbation or flashing of private parts; g. Showing of offensive, lewd, or pomographic pictures and videos, and flashing the same onto specific persons or passers-by; h. Questioning someone about sexual activities or private relationships during interviews for employment, scholarship grant, admission, or any lawful activity applied for; i. Requiring students or employees to wear lascivious or provocative attire in any instance; j. Demanding, Requesting or requiring sexual favors in exchange ofa passing grade, grant ofscholarship, honors or similar benefit, or as condition for employment, hiring, continued employment, promotion, pay raise, work benefit, privilege, opportunity or the like, regardless of whether the demand, request or requirement for submission is accepted k. Groping, touching, pinching, poking, or brushing up against a person's body unnecessarily or deliberately; l. Kissing or embracing someone without consent; m. Stalking; n. Other analogous acts. Section 5. Gender-based Squal Harassment in Restaurants, Cafes, Bars, Clubs, Resorts, lil/ater Pa*s, Hotek, Cinemas, Malk, Buildings, and Other Privately-Owrud Places Open to the Public, Restaurants, cafes, bars, clubs, resorts, water parks, hotels, cinemas, malls, buildings, and other privately-owned places open to the public shall adopt a zero-tolerance policy against gender-based streets and public spaces sexual harassment. These establishments shall be obliged to provide assistance to victims of gender-based sexual harassment by coordinating with local authorrties immediately after gender-based sexual harassment is reported, making CCTV footage available when ordered by said authorities, and providing a safe gender-sensitive environment to encourage victims to report gender-based sexual harassment at the first instance. Section 6. Gender-based Ssual Harassment in Vehicles. - The agents of the Office of Public Safetv and Security, Philippine National Police, or Barangay Tanods who shall apprehend operators or ddvers committing gender-based sexual haftrssment in vehicles, above citing the person for the specific violation of this Ordinance, shall likewise inform the Land Transportatron Office or Land Transportation Franchise Regulatory Board for cancellation ofthe driver's license or suspension or revocation offranchise ofoperators who commit gender-based sexual harassment, as applicable. Section 7. Implementing Bodies tor Gender-based Streets and Public Spaces Su.ual Harassment. - The Office of Public Safety and Security and its agents, the local agents of the Philippine National Police, Barangay Anti-Violence Against Women and Children (Anti-VAWC) Ordinance No. 143 of Series 2019 Page 4 of l2 Desk Officers and other Tanods, shall have the authority to apprehend perpetrators and/or enforce the law. Those duly deputized to issue ordinance violation tickets shall likewise be authorized to issue violation tickets for gender-based streets and public spaces sexual harassment. The City Mayor or his authorized representatives or agents may likewise issue notices of violations to persons or entities in violation ofthis Ordinance. Section 8. Anti-Suual Harassmcnt Desk. - Anti-VAWC Desks in Barangays are hereby designated as the Anti-Sexual Harassment (ASH) units of Barangay law enforcement and shall undergo trainings and seminars provided by the Gender and Development Office for proper response to sexual harassment complaints. Section9. Referral Systemfor Gender-based Squal Harassmcnt Cases. - A refenal system shall be established for complainants of Gender-based Sexual Harassment in streets and public spaces to form part ofthe existing Marikina Referral System for complainants on violence against women and other forms of gender-based violence. Article II Gender-based Online Sexual Harassment Section 10. Gender-based Online Squal Harassn ent. - Gender-based online sexual harassment includes acts that use information and communications technology in terrorizing and intimidating victims through: a. Physical, psychological, and emotional threats, unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages; b. lnvasion of victim's privacy through cyberstalking and incessant messaging; c Uploading and sharing without the consent ofthe victim, any form of media that contains photos, voice, or video with sexual content; d. Any unauthorized recording and sharing of any of the victim's photos, videos, or any information online; lmpersonating identities of victims online or posting lies about victims to harm their reputation; or f. Filing, false abuse reports to online platforms to silence victims Section ll. Relerral Systemfor Gender-Based Online Saual Harassmcnl - Reports of Gender- Based Online Sexual Harassment shall immediately be endorsed to the PNP Women's and Children's Desk which shall have the primary duty to refer the case to the PNP Anti-Cyber Crime Group. Article III Gender-Based Sexual Harassment in the llorkplace Section 12. Gender-Based Squal Harassment in the Workplace. - The crime of gender-based sexual harassment in the workplace includes the following: , t Ordinance No. 143 of Series 2019 Page 5 of l2 a. An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use oftechnology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions ofan individual's employment or education,job performance or opportunities; b. A conduct ofsexual nature and other conduct-based on sex affecting the dignity ofa person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or though the use of technology such as texl messaging or electronic mail or through any other forms of information and communication systems; c A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient: Provided,Tlvtlhe crime ofgender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee, and d. Information and communication system refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of electronic data messages or electronic documents. Section 13. Duties of Employers. Employers or other persons of authority, influence or moral ascendancy in a workplace shall have the duty to prevent, deter, or punish the performance ofacts of gender-based sexual harassment in the workplace. Towards this end, the employer or person of authority, influence or moral ascendancy shall: a. Disseminate or post in a conspicuous place a copy of this Ordinance to all persons in the workplace; b. Provide measures to prevent gender-based sexual harassment in the workplace, such as the conduct of anti-sexual harassment seminars; c. Create an independent intemal mechanism or a committee on decorum and investigation to investigate and address complaints ofgender-based sexual harassment which shall: 1. Adequately represent the management, the employees from the supervisory rank, the rank-and-file employees, and the union, ifany; 2. Designate a woman as its head and not less than half of its members should be women; 3. Be composed of members who should be impartial and not connected or related to the alleged perpetrator; 4. Investigate and decide on the complaints within ten (10) days or less upon receipt thereof; 5. Observe due process; 6. Protect the complainant from retaliation; and 7. Guarantee confidentiality to the greatest extent possible; Ordinance No. 143 Series of 2Ol9 Page 6 of d. Provide and disseminate, in consultation with all persons in the workplace, a cde of conduct or workplace policy which shall: L Expressly reiterate the prohibition on gender-based sexual harassment; 2. Describe the procedures of the intemal mechanism created under Section 15(c) ofthis Ordinance; and 3. Set administrative penalties without prejudice to p€nalties as herein provided. e. Submit to the Gender and Development Office their compliance to this Ordinance. Section 14. Duties of Employees and Co-Workers, - Employees and co-workers shall have the duty to: a. Refrain from committing acts of gender-based sexual harassment; b. Discourage the conduct of gender-based sexual harassment in the workplace; c. Provide emotional or social support to fellow employees, co-workers, colleagues or peers who are victims of gender-based sexual harassment; and d. Report acts of gender-based sexual harassment witnessed in the workplace. Section 15. Routine Inspection. - The Business Permits and Licensing Office (BPLO) together with the Labor Relations and Public Employ.rnent Services Office (LRPESO) for the private sector and the City Administrator or the Secretary of the Sangguniang Panlungsod for executive and legislative offrces ofthe City, respectively, shall conduct yearly spontaneous inspections to ensure compliance ofemployers and employees with their obligations under this Ordinance. Article IV Gender-Based Sexual Horassment in Educational and I'rdining Inslilutions Section 16. Gender-Based Ssual Harassmenl in Educational and Training Institations.- All schools, whether public or private, shall designate an officer-in-charge to receive complaints regarding violations of this Ordinance, and shall, ensure that the victims are provided with a gender-sensitive environment that is both respectful to the victims' needs and conducive to truth- telling. Every school must adopt and publish grievance procedures to facilitate the filing of complaints by students and faculty members. Even if an individual does not want to file a complaint or does not request that the school take any action on behalf of a student or faculty member and school authorities have knowledge or reasonably know about a possible or impending act ofgender-based sexual harassment or sexual violence, the school should promptly investigate to determine the veracity of such information or knowledge and the circumstances under which the act of gender- based sexual harassment or sexual violence were committed, and take appropriate steps to resolve the situation. If a school knows or reasonably should know about acts of gender-based sexual harassment or sexual violence being committed that creates a hostile environment, the school must take immediate action to eliminate the same acts, prevent their recurrence, and address their effects. ,, n Ordinance No. 143 of Series 2019 7 ol Page Once a perp€trator is found guilty, the educational institution may reserve the right to strip the diploma from the perpetrator or issue an expulsion order. There shall be created a Committee on Decorum and Investigation (CODI) in all educational institutions which shall address gender-based sexual harassment and online sexual harassment in accordance with the rules and procedures contained in their CODI manual and shall likewise be tasked wrth administrative investigations and the imposition of administrative penalties including but not limited to expulsion or any other suitable academic penalty. Section 17. Duties of School Heads" School heads shall have the following duties: a. Disseminate or post a copy of this Ordinance in a conspicuous place in the educational institution; b. Provide measures to prevent gender-based sexual harassment in educational institutions, like information campaigns; c Create an independent internal mechanism or a CODI to investigate and address complaints of gender-based sexual harassment which shall: l. Adequately represent the school administration, the trainers, instructors, professors or coaches and students or trainees, students and parents, as the case may be; 2. Designate a woman as its head and not less than half of its members should be women; 3. Ensure equal representation of persons of diverse sexual orientation, identity and/or expression, in the CODI as far as practicable; 4. Be composed of members who should be impartial and not connected or related to the alleged perpetrator; 5. Investigate and decide on complaints within ten ( 10) days or less upon receipt, thereof; 6. Observe due process; 7. Protect the complainant from retaliatioq and 8. Guarantee confidentiality to the greatest extent possible. d. Provide and disseminate, in consultation with all persons in the educational institution, a code of conduct or school policy which shall: I Expressly reiterate the prohibition on gender-based sexual harassment, 2. Prescribe the procedwes ofthe internal mechanism created under this Ordinance, and 3. Set administrative penalties without prejudice to penalties as herein provided. e. Submit to the Gender and Development Office their compliance to this Ordinance. Ordinance No. 143 of Series 2019 Page 8 of Section 18. Routine lwpection.- The City Division of Schools together with the City Social Welfare and Development O{fice, for preschools, primary schools, and secondary schools, and the Gender and Development Office for tertiary, vocational, and higher education institutions, shall conduct regular spontaneous inspections to ensure compliance of school heads with their obligations under this Ordinance. Article V Penaltie.s Section 19. Penalties for Gender-based Streets and Public Spaces Ssual Harassment. - The following unlawful acts shall be penalized as follows without prejudice to penalties imposed under in Republic Act I1313: a. For violations of catcalling, wolf-whistling, misogynistic, transphobic, homophobic and sexist slurs; persistent uninvited comments or gestures on a p€rson's appearanc€; relentless requests for personal details including unwelcome asking for name, school, workplace, address, age, and the like; statement of sexual comments and suggestions, telling of offensive and sexuallyJoaded jokes and innuendoes, taunting a person with constant talk about sex; staring or leering maliciously; and other analogous acts, the following penalties shall be meted: l. The first offense shall be punished by a fine of One Thousand Pesos (PHP 1,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by the PNP in coordination with the Gender and Development Office; 2. The second offense shall be punished with a fine of Three Thousand Pesos (PHP 3,000.00); 3. The third and succeeding offense shall be punished with a fine of Five Thousand Pesos (PHP 5,000.00); b. For violations of public masturbation or flashing of private parts; stalking; making offensive body gestures at someone, and other similar lewd acts; the following penalties shall be meted: 1. The first offense shall be punished with a fine of Five Thousand Pesos (PHP 5,000.00) and community service of Twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by the PNP in coordination with the Gender and Development Office; 2. The second offense shall be punished with a fine of Five Thousand Pesos and community service of Twelve ( 12) hours or imprisonment of not less than Eleven days ( I I days) but not more than Thirty days (30 days); 3. The third and succeeding offense shall be punished with a fine of Five Thousand Pesos (PHP 5,000.00) and imprisonment of not less than One month but not more than Six (6) months; c For violations of showing of offensive, Iewd, or pomographic pictures and videos, and flashing the same onto specific persons or passers-by; interrogating someone about sexual activities or private life during interviews for employment, scholarship grant, admission, or any lawful activity applied for; requiring students or employees to wear suggestive or provocative attire in any instanceT Ordinance No. 143 of Series 2019 Page 9 of l. The first offense shall be punished by a fine of Five Thowand Pesos (PHP 5,000.00) and community service of Forty Eight (a8) hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by the PNP in coordination with the Gender and Development Office; 2. The second and succeeding offense shall be punished with a fine of Five Thousand Pesos (PHP 5,000.00) and imprisonment of not less than One ( I ) month but not more than Six (6) months; d. For violations of stalking, requesting or requiring sexual favors in exchange for a good grade, obtaining a goodjob, promotion, pay raise, or the like; groping, touching, pinching, poking, or brushing up against a person's body unnecessarily or deliberately; kissing or embracing someone rvithout consent; or any unwanted bodily contact with a victim's genitalia, face, anus, groin, breasts, inner thighs, buttocks, or any other part ofthe body, or any compounded violations ofSection 4 ofthis Ordinance, the following penalties shall be meted: l. The first offense shall be punished by a fine of Five Thousand Pesos (PHP 5,000.00) and community service of seventy two (72) hours provided that it includes attendance to a Gender Sensitivity Seminar to be conducted by the PNP in coordination with the Gender and Development Office; 2. The second and succeeding offense shall be punished with a fine of Five Thousand Pesos (PFIP 5,000.00) and imprisonment ofnot less than Six (6) months but not more than One (1) year; Section 20.IraDility of Employer* - In addition to liabilities for committing acts of gender-based sexual harassment and without prejudice to penalties prescribed Republic Act 11313, employers may also be held responsible for: a. Non-implementation oftheir duties under Section l3 ofthis Ordinance, as provided in the penal provisions; or b. Not taking action on reported acts of gender-based sexual harassment committed in the workplace. Any employer who violates above-stated subsection (a) & (b) shall be penalized with a fine ofFive thousand pesos (P5,000.00). Section 21. Liability of School Heads.- In addition to liability for committing acts of gender- based sexual harassment and without prejudice to penalties prescribed Republic Act 11313, principals, school heads, teachers, instructors, professors, coaches, trainers, or any other person who has authority, influence or moral ascendancy over another in an educational or training institution may also be held responsible for: a. Non-implementation oftheir duties under Section 17 of this Ordinance, as provided in the penal provisions; or b. Failure to act on reported acts of gender-based sexual harassment committed in the educational institution. Any person who violates above-stated subsection (a) & (b) shall be penalized with a fine ofFive (P5,000.00[ thousand Resos Ordinance No. 143 of Series 2019 l0 of Page Section 22. Liability of Students. - Minor students who are found to have committed acts of gender-based sexual harassment shall be held liable for administrative sanctions by the school, as stated in their school handbook, provided, that they shall likewise be subject to measures as provided for in Section 24 of this Ordinance. Students of legal age, however, shall be subject to the penalties provided for in this Ordinance. Section 23. IrcD ility of Restaurants, Cafes, Ba$, Clubs, Resorts, Water Park, Hotels, Cinemns, Malls, Buildings, and Other Privately-Owned Places Open to the Public. - Restaurants, cafes, bars, clubs, resorts, water parks, hotels, cinemas, malls, buildings, and other privately-owned places open to the public which shall fail to comply with their duties and responsibilities as provided in this ordinance shall be meted with a fine of Five Thousand Pesos (PHP 5,000.00) for its first offense, and revocation of its business permit for any succeeding offense. Section 24. Gender-based Saual Harassment in Strcets and Public Spaces Commiaed by Minors. -ln case of violation of this Ordinance is committed by a minor, the City Social Welfare and Development Office shall take the necessary measures following the requirements and procedure of the Juvenile Justice Law, as amended. Section 25. Qualijied Gender-Based Slreets, Public Spaces and Online Ssual Harassmcnt. - The penalty next higher in degree will be applied in the following cases without prej udice to higher penalties provided for in Republic Act I 1313: a. If the act takes place in a common carrier or PUV, including, but not limited to, jeepneys, taxis, tricycles, or app-based transport network vehicle services, where the perpetrator is the driver ofthe vehicle and the offended party is a passenger; b. If the offended party is a minor, a senior citizen, or a person with disability (PWD), or a breastfeeding mother nursing her child; c. Ifthe offended party is diagnosed with a mental problem tending to impair consent; d. If the perpetrator is a member of the unilormed services, such as the PNP and the Armed Forces ofthe Philippines (AIP), and the act was perpetrated while the perpetrator was in uniform; and e. Ifthe act takes place in the premises ofa govemment agency offering frontline services to the public and the perpetrator is a government employee. Section 26. Petwlties tor Gender-Based Online Squal Harassmenl - Should any person be found to have committed gender-based online sexual harassment in whole or in part within the jurisdicfion of this City, that person shall be penalized with a fine ofFive Thousand Pesos (PHP 5,000.00) and imprisonment ofno less than six (6) months and one (l) day but not more than one ( I ) year, without prej udice to the imposition of penalties provided by RA I 1 3 13. If the perpetrator is a juridical person, its business permit shall be automatically deemed revoked, and the persons liable shall be the officers thereof, including but not limited to the editor or reporter in the case of print media, and the station manager. editor and broadcaster in the case ofbroadcast media. An alien who commits gender-based online sexual harassment shall be referred to the Department of Foreign Affairs and subject to deportation proceedings after serving sentence and payment of hnes. Exemption to acts constitutive and penalized as gender-based online sexual harassment are authorized written orders ofthe court for any peace oflicer to use online records or any copy thereof as evidence in any civil, criminal investigation or trial of the crime: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses may produce, and upon showing that there are ,.ff Ordinance No. 143 of Series 2019 Page 11 of reasonable grounds to believe that gender-based online sexual harassment has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction ofany person for, or to the solution or prevention of such crime. Any record, photo or video, or copy thereof of any person that is in violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation. Article VI Common Provisions Section 27. Conftdentiality.- At any stage ofthe investigation, prosecution and trial ofan offense under this Ordinance, the rights ofthe victim and the accused who is a minor shall be recognized. Section 28. Administrative Sanctiorlr.- Above penalties are without prej udice to any administrative sanctions that may be imposed if the perpetrator is a govemment employee. Article VII F'inal Provisions Section 29. Awi-Suual Harassmenl Hotline -The Rescue 16l Hotline shall be trsked to serve as the Anti-Sexual Harassment Hotline. It shall immediately refer to the appropriate enforcement unit or administrative entity any sexual harassment complaint it receives. Section 30. Gender Sensitivitlt and Anli-Squal Harassment Training - The Gender and Development Office together with the City Social Welfare and Development Oflice shall be tasked to formulate modules and programs for gender sensitivity and anti-sexual harassment training for businesses, public officials, officers, employees, and workers, schools, and civil-society organizations. Section 31. Mandatory Truining. - All officers, officials, employees, and workers of the City Government and Barangay Govemments within the City of Marikina shall undergo gender sensitivity and anti-sexual harassment training within one year from the effectivity of this Ordinance. Gender sensitivity and anti-sexual harassment training of administrators, officers, employees, and members shall be made a requirement for arcreditation and reaccreditation of civil society organizations and for application and renewal ofbusiness permits and licenses. All law enforcers including agents of the Philippine National Police in the City and all teachers regardless oflevel, whether public or private, shall likewise undergo the same training. All students, public or private, shall likewise undergo the same ffaining before completion ofGrade 10, before graduation from the K-12 curriculum, and before gaduation from any program ofany technical, vocational, or higher education institution. Section 32. Fees lor Trainings and Seminars fot Pfivate Pe$ons and Instttutions. The Gender and Development Office shall be authorized to prescribe reasonable fees for the conduct ofgender sensitivity and anti-sexual harassment training or seminar for businesses and other private institutions. - dr Ordinance No. 143 of Series 2019 Page 12 of l2 Section 33. Educational Modules and Awareness Campaigns. - The City Gender and Development Office together with the City Social Welfare and Development Office shall lead in City-wide campaigns for awareness ofthis Ordinance. They shall ensure the conduct ofsustained information campaigns together with the Public Information Office which shall utilize all available types of media. Section 34. Implemcnting Rules and Regulations. The City Gender and Development Office, PNP, City Social Welfare and Development Office, City Division of Schools, City Legal Office, and any other executive office designated by the City Mayor shall lormulate the implementrng rules and regulations ofthis Ordinance. Section 35. Appropriation. - The funds to ensure compliance to this ordinance shall be drawn fiom existing available funds ofthe City. Section 36. Separability Clause, - Should any portion of this Ordinance be deemed unconstitutional or be declared unlawful or in conflict with existing laws superior to this Ordinance, it shall have no nullifiing effect on other portions or provisions of this Ordinance. Section 37. Repealing Clause. All laws, ordinances, resolutions, rules, regulations, and other issuances or parts thereof which may be inconsistent with this Ordinance are hereby repealed or modified accordingly. Section 38. Elfecfivity. -This Ordinance shall take effect immediately upon its approval. UNANIMOUSLY ENACTED by thc SANGGUNIANG PANLUNGSOD NG MARIKINA this I 16 day ofDecember 2019. I HEREBY CERTIFY to the passage of the foregoing Ordinance which was duly enacted by the 9s City Council of Marikina during its 22nd Regular Session held on 1 I December 2019. NORALYNh. TINGC NGCO Secretary to the Sanggunian ATTESTED & Cf,RTIFIf,D TO BE DULY APPROVED: ON S. ANDRES, M.D. Ci ice-Mayor/Presiding Offi cer JN t2020 APPROVED by the Honorable City Mayor on T CELINO R. TEODORO City Mayor /aeml