Chapter 1

THE PROBLEM

The Republic Act No. 11313: Safe Spaces Act, also known

as the Bawal Bastos Law, prohibits all instances of gender-

based sexual harassment (GBSH) in public areas, workplaces,

institutions of higher learning, and online. Regardless of

the motivation behind such actions or words, GBSH in streets

and public places is defined as acts that are performed by

any unwanted and unsolicited sexual activities or remarks

against any person. Gender-based Sexual Harassment has been

occurring all throughout the world. And it impacts each

individual's day-to-day life, obstructing them from achieving

their goals and carrying out their tasks and

responsibilities.

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 (Martinez Law, 2023).

Every individual can experience any type of harassment

or combination of discriminatory act. And Office of the Civil

Rights (OCR) is responsible for enforcing laws for protection

against sexual violence , sexual harassment and gender-based

harassment. They must investigate and resolves complaint and

initiate compliance review even without a formal complaint as

long as a credible information that a harassment is occurring

exist. OCR is expected to take prompt action and take step

for effectively eliminate the hostile environment, prevent

its recurrence and help those affected people (OCR, 2021).

According to the Australian Human Rights Commission

(AHRC), an employer is required to have a sexual harassment

policy, train employees on how to identify and respond to

sexual harassment, implement an internal complaints-handling

procedure, and take appropriate corrective action if and when

a sexual harassment complaint is made (Law Council of

Australia 2017-2023).

Hence, PKWA Law 2021. In Singapore, the Protection for

Harassment Act (POHA) 2014 deals with all forms of intentional

harassment and defines harassment as any threatening,

abusive, or insulting words or behavior. It includes any

threatening, abusive or insulting communication or publishing

any identifying information of a person causing harassment,

alarm, or distress to the victim. Singapore’s government also

demonstrated its opposition to sexual harassment by signing

the United Nations Convention on the Elimination of All Forms

of Discrimination Against Women. Sexual harassment is defined

in the convention as "unwanted sexually determined behavior

such as physical contact and advances, sexually colored

remarks, showing pornography, and sexual demands, whether by

words or actions." Criminal remedies are provided under the

Penal Code and the POHA. Any victim of workplace sexual

harassment may submit a police report against the perpetrator

to initiate a criminal inquiry and prosecution.

On the other hand, Thailand Development Research

Institute 2021. In Section 16 of the Thai labor protection

law prohibits an employer, a chief, a supervisor, or a work

inspector from committing sexual abuse, harassment, or

victimization against an employee. Even though Thai labor law

only governs the vertical relationship between employers and

employees, violence and harassment by those in a horizontal

relationship, such as among colleagues, can be prosecuted

under the Penal Code. Aside from such regulations, there are

also "codes of conduct" enacted by various government

organizations in Thailand to prevent and respond to sexual

harassment in the workplace. Sexual harassment can be

conducted by a variety of people, including coworkers,

bosses, subordinates, and third parties such as consumers or

governmental authorities. Sexual harassment, in whatever

shape it takes, creates an uncomfortable and hostile working

environment for the person experiencing it, as well as

witnesses and coworkers who may wonder if such occurrences

will happen to them one day.

The Mines campus community is forbidden from engaging in

gender-based discrimination, sexual harassment, or any other

kind of sexual assault. Anyone who works at Mines is treated

equally regardless of gender, gender identity, or gender

expression. Within the Mines campus community, there will be

zero tolerance for sexual harassment or sexual violence.

Additionally, Mines will not accept any kind of reprisal

against a member of the community who files a complaint,

assists with any relevant investigations or legal actions, or

opposes gender-based discrimination, sexual harassment, or

sexual assault. In light of this, the Board of Trustees passes

this policy outlawing sexual harassment, sexual violence, and

discrimination based on gender (CSM, 2014).

The Western University of Canada developed policies and

procedures on gender-based harassment, and in their policy,

they specifically defined gender-based harassment as a type

of sexual harassment that involves any behavior that

reinforces heteronormative gender roles, including making

gender-related remarks about a person's appearance or

mannerism, treating a person poorly because they don't fit

stereotypical gender roles, bullying, and catcalling, among

other things (Ana Katrina Biance Remoto, et al., 2021).

According to Sexual Harassment in the European Union: A

Pervasive but Sill Hidden form of Gender-Based Violence,

sexual harassment is considered as sex discrimination and a

violation of the concept of equal treatment for men and women.

However, according to the European Union Agency for

Fundamental Rights (FRA) assessment on violence against

women, sexual harassment is a ubiquitous and regular

experience for many women in the European Union. Depending on

the nature of event, an estimated 83 to 102 million women

(45%-55% of all women) in the 28 EU Member States have

experienced some sort of sexual harassment since the age of

15. It also becomes clear that many women do not discuss their

sexual harassment encounters with anybody, and just a small

percentage report the most serious events to their superiors.

Sexual harassment occurs in a variety of places and through

a variety of media, including the Internet. According to the

FRA survey results, sexual harassment of women encompasses a

variety of perpetrators and includes the use of "new"

technology. According to the survey, sexual harassment

affects younger women disproportionately, and it is more

typically observed and experienced by women with an

educational degree and women in the higher professional

groupings (Latcheva, 2017).

In addition to Rosenbaum (2020) in their study entitled

"Street harassment is marketplace discrimination: The impact

of street harassment on young female consumers’ marketplace

experiences", although it is now commonly acknowledged that

violence in the home constitutes a violation of human rights,

violence against women and girls, particularly sexual

harassment in public places, continues to be a problem that

is largely unaddressed and for which there are few laws or

policies in place to both prevent and remedy it. Consumers

may encounter harassment in three different sorts of service

contexts, according to service research. They classify the

first category as privately held locations, including

clinics, shopping malls, and lifestyle centers with

restaurants, hotels, and other food and beverage businesses.

The second category consists of public service locations

including sidewalks, streets, parks, outdoor spaces, and city

parks. The third kind of environment combines private and

public elements. Examples include urban business districts,

street fairs, outdoor markets, and even parking garages in

urban areas.

As stated to the data conducted by the anti-street

harassment organization Hollaback! Catcalling is mostly

directed towards women and is committed by men, according to

Cornell University in their 2014 survey, 71% of women

experience street harassment for the first time between the

ages of 11 and 17, and more than 50% had been fondled or

grabbed on the street. Street harassment is a dangerous public

issue: publicly and frequently objectifying women creates an

unsafe climate that can and does turn violent. It is not

uncommon for women to be harassed or stalked in public by men

who eventually conduct violence against them, including rape

and murder. Because street harassment is a global issue, the

way it is dealt with socially and legally differs by country.

Some countries have laws against public verbal harassment of

women, while others are working hard just to create a

conversation about catcalling.

In Belgium, since April 2014, sexual harassment and

catcalling have been prohibited . This regulation was enacted

after a 2012 documentary about street harassment sparked a

national discussion about the issue. Femme de la Rue (French

for "Women in the Street"), created by then-film student Sofie

Peeters, gave an eye-opening look into catcalling in

Brussels. The sexual-harassment law in Belgium expressly

specifies that it is forbidden to sexually harass or

intimidate a person based on gender; violating the law is

punishable by a fine or up to a year in prison. Recognizing

street harassment as a gender-motivated crime is a critical

first step in educating the public about institutional

sexism. Making street harassment unlawful in Belgium sends a

message to women that they have a right to safety in public

places. In Portugal, street harassment became criminal only

last August. It was previously forbidden in the workplace,

but now Portuguese legislation makes it criminal to sexually

harass women on the street. The penalty is comparable to that

in Belgium: those found guilty risk up to a year in prison,

or up to three years if the victim of harassment is under the

age of 14.
 In Argentina, there is a high level of femicide (the

murdering of women for reasons other than their gender). The

country's government passed many laws to impose harsher

sentences on men who commit femicide and domestic abuse, but

legislation prohibiting street harassment has yet to be

enacted, despite widespread support from grassroots

organizations. Despite the lack of legislation, a major

women's movement known as Ni Una Menos (Spanish for "not one

less") is battling street harassment and femicide. The

group's large-scale public demonstrations have drawn

international attention to Argentina's street harassment.

According to the qualitative study entitled the

experienced of Male Physician with sexual and Gender-Based

Harassment, sexual and gender-based harassment are very

common in medicine. However, the objective of this study was

to learn more about men's experiences with sexual and gender-

based harassment in medicine. The researchers devised and

piloted an interview guide and conducted semi-structured

interviews with male physicians ranging from trainees to

attendings at a tertiary care facility. The result shows that

men experienced sexual and gender-based harassment but were

cautious to label their experiences as such. They had little

emotional suffering as a result of these contacts, but they

were concerned about their professional image and lacked

instruction on how to deal to these encounters. Many have

also observed male patients and coworkers harassing their

female colleagues, but did not respond to or halt the abuse

when it came from a colleague. This study conclude that males

perceive sexual harassment differently than women. Men, in

particular, experience less emotional suffering from these

interactions and frequently do not label these incidents as

harassment. But similar to women, they are unprepared to

respond to incidents of harassment directed at them or others.

Whether to speak out and be part of the solution to sexual

harassment in medicine against themselves or to others

(Farkas, et al., 2020).

In Belangaru, India, at least one woman reports

workplace harassment every 12 hours, and complaints from

those employed in the official sector over the previous five

years and this year indicate that women in the private sector

feel safer than those employed by governmental organizations.

Data from the National Commission for Women (NCW) shows that

60% of the total complaints about harassment at workplace

come from the formal sector, of which a majority is from those

working in the public sector. From January 1, 2013 to December

24, 2017, a total of 3, 973 women filed complaints of

harassment at work, of whom 2,412 (60%) are from the formal

sector, while the remaining 40% (1,561) are from the

unorganized sector. Experts provide two explanations for the

trend. The first is because private companies have effective

internal processes for dealing with harassment, thus victims

have no need to escalate the issue with any governmental body

like NCW. The suppression of cases in the private sector is

the second defense (Kumar, 2018).

In US, according to the report on National Study on

Sexual Harassment and Assault, sexual harassment and assault

is so common for women that most differences by demographic

are insignificant. One example of an exception is disability

status. 40% of women with disabilities reported experiencing

sexual assault compared with 23% of women without

disabilities. Among those who reported experiencing sexual

harassment and assault, 57% of women and 42% of men said it

had happened by age 17. High school-age, 14-to-17-years-old,

was the most frequently selected age people reported for their

first experience (27% women, 20% men). When persons who had

experienced some form of sexual harassment and assault were

asked about the perceived gender of the perpetrator/s in their

most recent incident, 85% of women and 44% of men reported

either one male or two or more males. In contrast, 30% of men

and 3% of women reported one female or two or more

females. For those reporting only sexual harassment, the most

frequently reported perpetrator across their life was a

stranger in person. For those reporting sexual assault, it

was a family member/relative, friend, or romantic partner

(Kearl, 2018).

Sexual harassment in the workplace is a public health

issue that varies depending on gender, setting, and perceived

ideology. Although studies have demonstrated the incidence

and repercussions of workplace sexual harassment around the

world, victims' perspectives and experiences in low and

middle-income countries, particularly Ethiopia, remain poorly

known. Female employees in the hospitality industry, which

includes hotels, bars, restaurants, fast-food restaurants,

and cafeterias, are especially vulnerable (Worke et al,

2021).

According to the Lesson Learnt Through Gender-Based

Travel Data Collection and Related Sexual Harassment in Sub-

Saharan Africa, women all over the world encounter actual and

perceived dangers of gender-based violence, assault, and

harassment when traveling public settings on a regular basis.

This study desire to learn more about the disparities in

travel behavior between men and women, as well as gender-

based sexual harassment exposure in Sub-Saharan Africa's

public transportation. The researchers created a gender-based

travel and sexual harassment perception questionnaire that

was administered in the cities of Lagos (Nigeria) and Blantyre

(Malawi) . Data show that women take on more, shorter journeys

while experiencing much more sexual harassment. And all

aspects of public transportation journeys are affected,

including transit to and from the system, waiting for the

vehicle, and riding in the vehicle (Vanderschuren, 2023).

Based on the study entitled "Perception and experiences

of sexual harassment among women working in hospitality

workplaces of Bahir Dar City, Northwest Ethiopia" the most

prevalent type of WSV, according to our systematic review and

meta-analysis, is workplace sexual harassment (WSH). It has

been examined from a legal, psychological, and societal

standpoint. In a legal setting, it is defined objectively,

while from a psychological one, it is described subjectively.

This study examines WSH from a psychological standpoint and

focuses on the experiences of victims. WSH, then, encompasses

unwanted verbal, nonverbal, or physical sex-related behavior

that the recipient finds offensive and that has a negative

impact on the victim's well-being and productivity at work.

In the literature, workplace sexual harassment's

accessibility, endurance, and effects in a variety of

workplaces have been extensively covered (Worke, et al.,

2021).
 Additionally, Gender-based violence (GBV) is a prominent

component of humanitarian catastrophes and a global public

health concern. However, it is not inescapable but its

occurrence can be anticipated and avoided. The purpose of

this study is to further our understanding of this topic and

to explore how Filipino humanitarian actors may collaborate

with men and boys to stop GBV after disasters. The study uses

a qualitative research methodology to examine the state of

the field's knowledge and practice through a survey of the

literature and 18 key informant interviews with humanitarian

actors in the Philippines. The study concludes that

comprehensive long-term multi-sectoral activities involving

a wide variety of actors are required to effectively prevent

the perpetration of GBV following disasters. Humanitarian

actors can be crucial in this endeavor to spur change.

According to the study, humanitarian actors should aim to

improve men's access to safe places, peer support networks,

and mental health services within the context of their current

operations. They should also encourage males to adopt more

flexible gender roles and non-violent coping strategies.

Programs should also strengthen women's empowerment, broaden

community support for social change, and enable discussion

between men and women to coordinate their respective social

reforms (Molin,2018).
 As indicated in the Case Study: At the forefront of

addressing workplace sexual harassment, the Philippine

National Bank (PNB)in the Philippines has been taking steps

to give its workers a respected, safe, and supportive work

environment that preserves their rights and supports the

advancement of their careers. The bank strengthened its

(Addressing Sexual Harassment) ASH policy and its

implementation in accordance with national legislation and a

stringent moral and ethical code to dispel any misconceptions

regarding sexual harassment at work and any reluctance to

act. PNB understands that taking a zero-tolerance approach to

sexual harassment can assist maintain its corporate brand and

mitigate reputational risk associated with incidents that may

be widely reported. PNB has proactively established rules and

mechanisms to prevent any instance of sexual harassment and

to deal swiftly and fairly should these occur, much to how it

manages other operational risks (PBCWE, 2021).

Violence against women appears to be a widespread issue

in the country. According to the Philippine Statistics

Authority's 2017 National Demographic and Health Survey, one

in every four Filipino women aged 15 to 49 has suffered

domestic violence, and despite efforts to eradicate the

problem, VAW persists. This research presents an in-depth and

comprehensive assessment of the experiences of women who have

been victims of domestic violence in Samar. Four themes

emerged from the interviews: sexual abuse, physical abuse,

emotional and psychological abuse, and economic abuse. The

children's well-being is always the mothers' top priority.

Thus, despite the violence, women remain in the relationship

in the hope that the relationship can be saved for the sake

of their children (Labrague et al, 2022).

According to journal, sexual harassment is an issue that

affects people all over the world. It can happen in the

workplace, or even in a school setting. In this descriptive

study, we looked at how well the College has implemented RA

7877, based on the responses of randomly selected college

students. We used a research-based survey questionnaire and

an interview schedule to gather data. The data was analyzed

using percentages, averages and t-tests. The results showed

that the College has implemented the anti-sexual harassment

law to a moderate degree. The school has implemented measures

and is spreading the law’s provisions. The schools

stakeholders, students, and faculty/staff are moderately

satisfied with the implementation of the law. However, this

indicates that the school needs to step up its efforts to

make the law known to the stakeholders, involve stakeholders

in fighting sexual harassment, provide comprehensive

information campaigns during meetings, and make sure that the

laws and provisions are included in manuals/handbooks and IT-

based community platforms.

Based on a Case Study on Gender-Based Sexual Harassment

in the Promotion of the Safe Spaces Act in Negros Occidental,

the coping techniques used by victims of gender-based

harassment differ. Some people take it too lightly, while

others take it too seriously and even risk ruining their own

lives. If gender-based harassment can actually wreck the

lives of the victims, one must thus seriously consider its

negative effects and how the Local Government Units and

relevant authorities can provide a safe environment for every

resident in each of the towns and municipalities in Negros

Occidental (Garcela Villalobos, et al., 2021).

The Philippines is one of the Western Pacific’s most

gender-balanced countries. However, it is clear that the

socio-cultural landscape is lagging behind: 1 out of every 4

Filipino women experiences gender-based violence. And 41% of

victims don’t seek help. Despite the existence of laws and a

large local VAW movement, there are multiple obstacles to

help-seeking. Ultimately, it is the economic, socio-political

and cultural structures that prevent VAW victims in the

Philippines from seeking help. Like in other Asian nations,

Filipino women are oppressed by a patriarchal society that

emphasizes male dominance in family and larger social

structures. Men are considered household leaders and

breadwinners, women are considered subservient, and economic

abuse is prevalent in VAW cases. Women’s pleasures are seen

as objects to be sought after or controlled, and there is a

high acceptability of justified wife beating. Few women seek

help due to expectations of self-sacrifice, sacrificing

safety and security, and sacrificing family reputation. When

women defy gender norms, they are objectified, shamed, and

even accused of being victims of violence. This perpetuates

victim-blaming culture (Valdez, et al., 2022).

In the Philippines, over 7 out of 10 girls and young

women, or 68 percent, have encountered online abuse,

particularly on social media, according to the poll. The

majority of these girls also stated that harassment occurs

frequently (50%) or very frequently (33%). 8 out of 10

females, or 79%, stated they or other girls they know have

received sexual violence threats on social media.

Furthermore, the majority (67 percent) of Filipino girls and

young women polled reported being harassed by someone they

knew. "The prevalence of online violence against girls and

young women is concerning." "Girls are more at risk than ever

in this global pandemic and in an increasingly digital world,"

says Mona Mariano, Gender Specialist at Plan International

Philippines. "We must recognize that it may have an offline

impact on the lives of girls." Harassment or abuse online can

have a significant impact on a girl's confidence and well-

being” (Narvaez , 2020).

Pursuant to the case of JOSE ROMEO C. ESCANDOR,

PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT, in

accordance with the Information dated 21 March 2007, Jose

Romero C. Escandor, a public official of the National

Endowment for Democracy (NEDA), was accused of committing an

offense in the period from July 1999 to November 2003 in the

city of Cebu, Philippines, under the jurisdiction of the

Honorable Court. He is alleged to have committed the offense

by making or soliciting unwelcome sexual advances, verbal or

physical, and demanding, soliciting and requesting sexual

favors from Ms. Cindy Sheldrake-Gamallo, who was then a

contractual employee of the National Endowments for

Development Assistance (NEDA) regional office No. 7 and a

representative of the United Nations Children's Fund (UNICEF)

Fifth Country Program (CPCV). He told Cindy that he had been

in love with her for a while and would have stopped her

marriage if it were possible. He asked her for a date, touched

her thigh, sent her win pop messages, kissed her on the lips,

gave her chocolates and wine, and sent her text messages with

hints of sex. All of this caused Cindy and her family to be

uncomfortable and humiliated, so it was considered sexual

harassment (Leonen,2020).

In the news entitled "Around a fifth of Filipino

employees have experienced workplace harassment — poll"

Manila, Philippines — According to a research by the Lloyd's

Register Foundation and pollster Gallup, 22% of women and 18%

of men in the Philippines have faced violence and harassment

at work. Because they were afraid of the consequences and

thought nothing would come of the encounter, many of the

victims—47% of women and 60% of men—did not report the

incident. Additionally, according to the World Risk Poll:

2021, psychological harassment affected more than 50% of men

who were subjected to violence and harassment, compared to

47% of women. The results of a poll of 1,000 Filipinos

conducted as part of the same study showed that 60% of

Filipinos who had experienced workplace violence and

harassment said it had occurred "three or more times." These

findings are consistent with the study's overall findings

(Philstar, 2023).

As mentioned by the Year-end 2022 report of Foundation

of Media Alternatives, Modern technology-enabled gender-based

violence regularly infringes on the rights of women and girls.

The Foundation for Media Alternatives (FMA) has been tracking

an increase in incidences of gender-based violence online

since 2012. In the Philippines, there have been 659

occurrences of online gender-based violence registered by FMA

between 2012 and December 2022. These primarily come from

media stories, emails and comments from individuals, and the

firsthand accounts of survivors who have given public

speeches in various areas across the nation. Most victims-

survivors in all known cases are young women, 18 and older,

as well as young girls. Several of them are employed students.

Digital platforms such as Facebook and Messenger, and other

encrypted messaging apps are the most frequently tools

utilized to engage in online gender-based violence are mobile

devices such smartphones and tablets. This shows that gender-

based violence in the online realm is not distinct from

violence in the physical world. It is part of a continuum and

represents another instance of how gender-based violence that

occurs offline can appear online (FMA, 2022).

As per Rappler news, Gretchen Fullido, a reporter and

news woman from Manila, Philippines, was one of the first

news people to come out against sexual harassment in

Philippine media on October 5. Fullido, an ABS-CBN

entertainment reporter, accused her former boss, ex-TV Patrol

supervising producer Cheryl Favila, and segment producer

Maricar Asprec of sending her text messages with sexual

innuendos and requests for favors that she believed to be of

a sexual nature in a criminal complaint she filed with the

Quezon City Prosecutor's Office (Gavilan, 2018).

At the Philippines Commission on Women's virtual forum

on Sexual Harassment in Public and Online Spaces, Lieutenant

Colonel Joy Tomboc reported that of the 193 cases reported,

190 were female, with the remainder being male and not

belonging to the LGBTQ community. During the event, which was

hosted by Lunas Collective, a volunteer group, Levi Reyes, a

cyclist and content creator, recounted their experience of

being catcalled, laughed at, and heckled while cycling on a

beach at Real in Quezon province in August. Reyes said that

when they became aware that their assailants were filming

them, they were shocked and fell silent. However, the saddest

part of the experience was when the perpetrators' wives,

partners and mothers came to apologize to them, rather than

the perpetrators themselves. The event was part of the

campaign to end violence against women, which began on July

18 (Bautista, 2021).

According to the press released by DOLE Laguna, with the

enactment of RA. 11313, inspection efforts began in the first

quarter of the year and compliance has become critical. DOLE

IV-A Regional Director Exequiel Ronie A. Guzman has already

given labor inspectors power to examine enterprises as early

as January of this year. The inspection activity focuses on

anti-sexual harassment policies, which are required to

include measures addressing gender-based sexual harassment in

the workplace. Guido R. Recio, DOLE Laguna Provincial

Director, has been campaigning for compliance with the new

rule. In collaboration with the Philippine National Police

Community Affairs Development Office, a series of workplace

learning workshops on the Safe Spaces Act were held.

Understanding the relevant requirements of the Safe Spaces

Act is critical for implementing a responsive workplace

policy. The law imposes responsibility, not to mention

culpability, not only on perpetrators but also on employers.

Management responsibilities include information

distribution, policy development, and expert consultation.

Otherwise, the corporation may face a fine for failing to

meet its legal requirements. And with the help of these

learning workshops, DOLE Laguna hope to increase the

likelihood that institutions will be able to design an

effective Anti-Sexual Harassment policy in accordance with

the new Safe Spaces Law regulations (Sinay, 2022).

As stated in an article "Laguna Patroller: Mobile

Application for Global Positioning System and Image

Processing for Public Awareness of Violence" (2018), there

have been few research on sexuality conducted locally,

particularly in Laguna. Even Algaba, Peji, and Sta. Bawica

and Maria from only addressed raising public knowledge of the

various forms of violence and the regulations that govern it.

The study's goal is to assist reduce instances of violence in

the community. By offering a route for users to report

incidences of violence to the province of Laguna Authorities

in charge of local law enforcement (Borito, 2022).

On the report of Press Release, using its Rizal

Provincial Office (DOLE-RPO), DOLE CALABARZON helped a

waitress who had the guts to confront her persistent harasser,

who also happened to be a coworker, and report the

inappropriate behavior done to her. She went by the alias

"Aireen" and described how her harasser started the

harassment on December 23, 2020. She could still pinpoint the

exact day of the incident since it had traumatized her. Her

story detailed how the harasser had touched her breasts and

other delicate areas of her body. Her harasser had harassed

her sexually multiple times, even during working hours, so

this was not the only instance. Because her harasser is a

direct regular employee whereas Aireen works for an agency,

she decided against reporting him for fear that he could

retaliate (Baisa, 2023).

 Based on the news entitled "DENR CENRO LIPA VOWED TO

MAKE ALL SPACES SAFE" DENR CENRO Lipa held a Communication,

Education, and Public Awareness (CEPA) activity on December

01, 2021, in line with the 18-Day Campaign to End Violence

Against Women (VAW). The theme was "Filipino Marespeto: Safe

Spaces, Kasali Tayo," emphasizing the importance of a

community free from violence against women and girls. Legal

Officer Atty. Janice Gonzales discussed the provisions of

Republic Act No. 9262 and Republic Act No. 11313, focusing on

gender-based online sexual harassment. The 18-Day Campaign to

End Violence Against Women (VAW) advocates for the Safe Spaces

Act, focusing on gender-based sexual harassment in public,

educational, and online spaces, aiming to create a zero-

tolerance community (DENR, 2021).

In an article released by DepEd R-4A CALABARZON Facebook

page, CSC Resolution No. 2100064 amends certain provisions in

the 2017 Rules on Administrative Cases in the Civil Service

(RACCS), specifically those pertaining to the administrative

proceedings for sexual harassment complaints where

the offender is a government employee. The changes in the

2017 RACCS were primarily made to further deter sexual

harassment in the public sector as well as to harmonize said

rules with Republic Act No. 11313 or the Safe Spaces Act and

its Implementing Rules and Regulations. Under the said

resolution, sexual harassment expanded into a sexual

harassment occurring in public spaces and different

institutions that is done physically, verbally or through

text or email. Also, the conduct of sexual nature affecting

the dignity of a person, which is unwelcome, unreasonable and

offensive to the recipient”, or the “unwelcome and pervasive

and creates an intimidating, hostile or humiliating

environment for the recipient” This resolution also

strengthens the role of the Committee on Decorum and

Investigation (CODI) in a government agency and averts

possible delays in their investigation of complaints of

sexual harassment. Notably, the policy also requires that the

CODI “be headed by a woman and not less than half of its

members shall be women” (DepEd R-4A CALABARZON, 2022).

OBJECTIVE OF THE STUDY

This study aims to determine the level of Implementation

of RA 11313 or Safe Space Act in Selected Locality. Hence, to

propose action plan for community safety. Additionally, to

provide recommendations on how to disseminate information

about the said law and ways to strengthen its implementation

to provide more safe places for each individual.

SIGNIFICANCE OF THE STUDY

 The study was conducted meaningfully to serve as well as

to give benefits to the following:

Students. This study may help the students to feel safer

whenever they are in an educational institutions.

Workers. This study may help the employees to feel

protected while performing their duties.

Social Media Users. This study may help the netizens to

feel secured while using any social media platforms.

Commuters. This study may help the commuters to be more

aware in their surroundings during their travel.

Community as a Whole. This study may help the community

to enhance their awareness about gender-based sexual

harassment and the law protecting them from it.

Philippine National Police. This study may provide the

PNP the opportunity to improve their services.

Government Agencies and Institutions. This study may

help the government agencies and institutions in

implementation of the law and imposing penalties.

Future Researchers. This study will serve as a reference

and some of the information may be relevant for the future

researches that they will undertake.

THEORETICAL FRAMEWORK

A significant subfield of sociology is known as feminist

theory, which turns away from male perspective and experience

in favor of that of women. Feminist theory illuminates

societal themes, trends, and problems in a way that the

historically predominately male perspective in social theory

either ignores or misidentifies (Ashley Crossman, 2020).

According to feminist theory, sexual harassment is a

sexist behavior intended to weaken and oppress women while

punishing their attempts to compete with males for status and

employment. This theory rejects the notion that sexual

harassment is a sexual act and encourages researchers to

examine it from a gendered perspective that displays male

dominance and women's subordination, which are persistent

social norms (Henry, 2017).

According to sociocultural theory, all other gender

disparities in behavior are caused by the division of labor

between men and women in a community. For instance, women's

higher nurturing is a result of their assignment to care for

children rather than the cause of it. Because of their

physical superiority, men have historically chosen to engage

in pursuits like combat that have elevated them above women

in prestige, power, and riches. Men's behavior changed as

they assumed those responsibilities, but women's behavior

adjusted by becoming more subservient (Jennifer Petersen, et

al., 2014).

Socio-cultural theories investigate the larger social

and political framework in which sexual harassment is

produced and takes place. From this viewpoint, sexism and

gender disparity in society are natural outcomes of one

another, which leads to sexual harassment. Sexual harassment

occurs as a result of the social and cultural roles being

played out in the workplace. Men are therefore more inclined

to commit sexual harassment because it is a means for them to

show their power, whilst women are more likely to become

victims because of their inherent physical frailty and

subservient behavior (Pallavi Kapila, 2017).

CONCEPTUAL FRAMEWORK

This study facilitates the concept to which the

researcher should also rely to understand better the focus

of the implementation of RA 11313 or safe space act (bawal

bastos law) in specific locality: action plan for community

safety.

The Local Government Code, also known as Republic Act

7160, Section 15 defines a local government unit as a body

politic and corporate entrusted with rights to be exercised

by it in compliance with the law. As a result, it serves both

official and private purposes. An LGU is an agency of the

national government when exercising governmental powers and

performing governmental duties. When engaged in corporate

activities, it acts as an agent of the national government.

Governmental functions are those that concern the health,

safety, and advancement of the public good or welfare as

affecting the public generally. Proprietary functions are

those that seek to obtain special corporate benefits or earn

pecuniary profit and intended for private advantage and

benefit (Batas Pinoy, 2011).

According to Local Government Code of the Philippines,

each local government entity must use its authority to

expressly granted, those logically implied thereof, and all

necessary, proper, for its effective and efficient

governance, as well as those that are necessary for the

advancement of the welfare of all. Local governance within

their different territorial boundaries. The preservation and

enrichment of culture are among the things that units must

maintain and support. Strengthen the public’s right to a

thriving, ecologically-balanced environment, encourage the

development of appropriate and independent technology and

scientific capabilities, public morals, economic success,

social fairness, and full employment are all improved

maintain harmony and order among its citizens, and safeguard

the convenience and comfort of their residents.

As per DILG-PCW Joint Memo Circular 2020-1, LGUs should

create Anti-Sexual Harassment (ASH) desks and ASH hotlines in

their city or municipal hall and also designate ASH Enforcers

(ASHEs) or desk officers who will receive complaints on any

forms of Gender-Based Sexual Harassment (GBSH).

Local government units (LGUs) should establish measures

that would reduce the incidents of gender-based sexual

harassment in their area in line with the joint memorandum

circular issued by the Department of the Interior and Local

Government (DILG) and the Philippine Commission on Women

(PCW). In order to assist in the response and delivery of

appropriate interventions to victims of GBSH, LGUs should

also establish a referral network, that LGUs ought to likewise

give stages of preparation and limit building measures to

barangays and individuals for them to know that occurrences

and cases connected with GBSH are not inside their extension

and any case reports ought to be alluded to the specialists.

In contrast, component cities and municipalities should

receive assistance from the provincial government and other

government line agencies involved in law promotion in the

creation of informational materials that will be distributed

to LGUs and barangays (Lomotan, 2022)

Independent Variables
1. Programs implemented in
compliance with RA 11313 for
community safety.
2. Level of effectiveness of
the programs implemented in
compliance of RA 11313 in
terms of:
a. Enforcement Duties of
LGUs? Dependent Variable
3 Significant differences in Level of
the level of effectiveness on implementation of
the programs implemented in RA 11313 or safe
compliance with RA 11313 for space act
community safety in terms of:
b. Enforcement Duties of
LGUs
4. What action plan may be
proposed to strengthen the
implementation of RA 11313
for community safety?

Moderator Variable

Selected Locality

Figure 1. Paradigm of the Study

STATEMENT OF THE PROBLEM

This study aims to determine the level of Implementation

of RA 11313 or Safe Space Act in Selected Locality.

Specifically, it sought to answer the following:

1. What are the programs implemented in compliance with

RA 11313 for community safety?

2. What is the level of effectiveness of the programs

implemented in compliance of RA 11313 in terms of:

a. Enforcement Duties of LGUs

3. Is there a significant differences in the level of

effectiveness on the programs implemented in compliance

with RA 11313 for community safety in terms of:

b. Enforcement Duties of LGUs

4. What action plan may be proposed to strengthen the

implementation of RA 11313 for community safety?

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