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er-based-sexual-harassment

Republic Act No. 11313 or “The Safe Spaces Act” - Addressing Gender-Based Sexual
Harassment

On April 17, 2019, the Safe Spaces Act, or previously the “Bawal Bastos” bill, was signed into law.
With the aim of ensuring an individual’s sense of personal space and public safety, the Safe Spaces
Act addresses gender-based sexual harassment in public areas such as streets, privately-owned
places open to the public, and public utility vehicles, among others. It also extends the protection
even to cyberspace, and provides for prohibited acts and their corresponding penalties. Below is a
summary of the acts punished under the Safe Spaces Act and their corresponding penalties:

Punishable Acts Penalty

(as further defined in RA No. 11313)
Gender-based sexual harassment in streets and First offense: fine of one thousand pesos
public spaces: (P1,000.00) and community service of twelve
(12) hours inclusive of attendance to a Gender
Cursing, wolf-whistling, catcalling, leering and Sensitivity Seminar
intrusive gazing, taunting, unwanted invitations,
misogynistic, transphobic, homophobic, and Second offense: arresto menor (6 to 10 days) or
sexist slurs, persistent unwanted comments on a fine of three thousand pesos (P3,000.00)
one’s appearance, relentless requests for one’s
personal details such as name, contact and Third offense: arresto menor (11 to 30 days) or a
social media details or destination, the use of fine of ten thousand pesos (P10,000.00)
words, gestures or actions that ridicule on the
basis of sex, gender or sexual orientation,
identity and/or expression including sexist,
homophobic, and transphobic statements and
slurs, 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 streets and First offense: fine of ten thousand pesos
public spaces: (P10,000.00) and community service of twelve
(12) hours inclusive of attendance to a Gender
Making offensive body gestures at someone, Sensitivity Seminar
exposing private parts for the sexual
gratification of the perpetrator with the effect of Second offense: arresto menor (11 to 30 days) or
demeaning, harassing, threatening or a fine of fifteen thousand pesos (P15,000.00)
intimidating the offended party including
flashing of private parts, public masturbation, Third offense: arresto mayor (1 month and 1 day
groping, and similar lewd sexual actions to 6 months) and a fine of twenty thousand pesos
(P20,000.00)
Gender-based sexual harassment in streets and First offense: arresto menor (11 to 30 days) or a
public spaces: fine of thirty thousand pesos (P30,000.00),
provided that it includes attendance in a Gender
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Stalking, any of the acts mentioned in 11(a) or Sensitivity Seminar
11(b) when accompanied by touching, pinching
or brushing against the body of the offended Second offense: arresto mayor (1 month and 1
person; any touching, pinching, or brushing day) or a fine of fifty thousand pesos
against the genitalia, face, arms, anus, groin, (P50,000.00)
breasts, inner thighs, buttocks or any part of the
victim’s body even when not accompanied by Third offense: arresto mayor in its maximum
acts mentioned in 11(a) and 11(b) period or a fine of one hundred thousand pesos
(P100,000.00)
Gender-based online sexual harassment Prision correccional in its medium period or a fine
of not less than one hundred thousand pesos
(P100,000.00) but not more than five hundred
thousand pesos (P500,000.00), or both at the
discretion of the court
Qualified gender-based sexual harassment Penalty next higher in degree
Gender-based sexual harassment in the Administrative penalties as provided for by
workplace and educational or training the employer’s Committee on Decorum and
institutions Investigation, and without 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 Spaces (P5,000.00) nor more than ten thousand pesos
Act (i.e. including setting of administrative (P10,000.00)
penalties to violations of gender-based sexual
harassment in the workplace)
Failure of employers or school heads to take Fine of not less than ten thousand pesos
action on reported acts of gender-based sexual (P10,000.00) nor more than fifteen thousand
harassment committed in the workplace or in pesos (P15,000.00)
the educational institution

Local government units are mandated to pass ordinances localizing the applicability of the Safe
Spaces Act. The Metro Manila Development Authority (MMDA), the Philippine National Police (PNP),
and the Women and Children’s Protection Desk (WCPD) of the PNP have been given the task of
apprehending violators of the law. With regard to online cases, the task falls on the Anti-Cybercrime
Group of the PNP (PNPACG).

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.

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https://mastercitizen.wordpress.com/tag/ra-11313/

What is Anti-bastos law?

The politically correct term (or title) is Safe Spaces Act or Republic Act No. 11313 and it was signed
by the President last April 17, 2019; however, a copy of the law was only made public last Monday,
July 15. It covers all forms of sexual harassment and slurs done in public, online, and even in
private messages.

What are the forms of sexual harassment and corresponding penalties imposed by the
Safe Spaces Act?

First degree offenses:

 Cursing
 Catcalling
 Wolf-whistling
 Leering and intrusive gazing
 Taunting, unwanted invitations
 Misogynistic, transphobic, homophobic, and sexist slurs.
 Persistent unwanted comments on one’s appearance.
 Relentless requests for personal details such as name, contact, and social media details or
destination.
 Use of words, gestures, or actions that ridicule on the basis of sex, gender, or sexual
orientation; identity and/or expression including sexist, homophobic, transphobic statements
and slurs.
 A persistent telling of sexual jokes.
 Use of sexual names, comments, and demands.
 Any statement that has made an invasion on a person’s personal space or threatens the
person’s sense of personal safety.

Penalties for the first-degree offense:

 First offense: P1,000 fine and 12-hours community service with Gender Sensitivity Seminar
 Second offense: 6-10 days in prison/P3,000 fine
 Third offense: 11-30 days in prison and P10,000-fine
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Second-degree offenses:
 Making offensive body gestures at someone
 Public masturbation
 Flashing of private parts
 Groping
 Similar lewd actions

Penalties for second-degree offenses:

 First offense: P10,000-fine and 12-hours community service with Gender Sensitivity Seminar
 Second offense: 11-30 days in prison/P15,000 fine
 Third offense: 1 month and 1 day to 6 months in prison and P20,000 fine.

Third-degree offenses:
 Stalking
 Sexual advances, gestures, and statements mentioned previously with pinching or brushing
against the body of the offended person.
 Touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner
thighs, face, buttocks, or any part of the victim’s body.

Penalties for third-degree offenses:

 First offense: 11-30 days in prison/P3,000-fine with attendance to Gender Sensitivity Seminar
 Second offense: 1 month and 1 day to 6 months in prison and P50,000-fine
 Third offense: 4 months and 1 day to 6 months in prison/P100,000-fine

Sexual Harassment Online

The law defines it as the use of information and communication technology in terrorizing and
intimidating victims through physical, psychological, and emotional threats.

To further describe what online sexual harassment is, below are specific descriptions:
 Unwanted sexual misogynistic, transphobic, homophobic, and sexist remarks and comments
online whether publicly or through direct and private messages.
 Invasion of the victim’s privacy through cyber-stalking and incessant messaging.
 Uploading and sharing without the consent of the victims, any form of media that contains
photos, voice, or video with sexual content.
 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.
 Filing false abuse reports to online platforms to silence victims.

Penalty for anyone who commits online sexual harassment:

 2 years, 4 months, and 1 day to 4 years, and 2 months in prison or P100,000 to P500,000-fine,
or both.

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The Philippine National Police’s Anti-Cybercrime Group (PNPACG) shall develop an online
mechanism for reporting real-time online sexual harassment. They are also in charge of
apprehending violators online.

Sexual Harassment in Workplaces and Schools

The law defines this as:

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 of
technology such as text messaging or electronic mail or through any other forms of information and
communication systems, that has or could have detrimental effect on the conditions of an
individual’s employment or education, job performance, or opportunities.

Employers are enjoined to form a committee that will address complaints of sexual harassment; this
must be headed by a female employee and half of the member population must be composed of
women.

Responsibility of Public Establishments

The laws also mandate establishments such as restaurants, cinemas, malls, bars and other
privately-owned places to adopt a “zero-tolerance policy” in the implementation of RA
11313. These establishments must cooperate in the timely reporting of sexual harassment in their
areas and make CCTV footage available when ordered by the court.

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