An Act Defining Gender-Based Sexual Harassment

In Streets, Public Spaces, Online, Workplaces, and

Educational or Training Institutions Providing Protective
Measures, and Prescribing Penalties Therefor
DENR XI, Legal Division 2020
/pau/
 Learning Objectives
• What is R.A. No.
11313?
• Definition of Sexual
Harassment; how is it
committed?
• Types of Sexual
Harassment; how
committed, penalties
therefor
• Duties of LGUs,
employers, co-workers,
CODI
• How to prevent GBSH
 .
SALIENT FEATURES
 It is closely related to the first Anti-Sexual Harassment
Act (RA 7877) of 1995.

HOW IT DEVIATES FROM THE OLD LAW: The original

law has a limited definition of sexual harassment and
who can be considered the offender. Now anyone can
be an offender. Know?
The Safe Spaces Act covers even sexist, homophobic,
and transphobic remarks.

The new law does not supersede the original Anti-

Sexual Harassment Act.
 In the new law, privately-owned public places, employers, schools,
local government units (LGUs), and national government agencies
(NGAs) are responsible for ensuring protection.

Before the law was enacted, an offense could be committed only in a

workplace, educational, or training environment. Now there are more
physical spaces that are under the protection of the law.
law
 Definition:
Unwelcome sexual
advances.

Requests for sexual

favors.
Sexual Harassment Verbal or physical
conduct of a sexual
nature connected to
decisions about
employment.

An intimidating, hostile
or offensive work
environment.
Definition of Terms

Catcalling
Definition of Terms

unwanted remarks directed towards a

person, commonly done in the form of
wolf-whistling and misogynistic,
transphobic, homophobic, and sexist
slurs
Definition of Terms

Gender-based online
Sexual harassment
Definition of Terms

online conduct targeted at a particular person

that causes mental, emotional, or psychological
distress, fear of personal safety
Definition of Terms

Homophobic remarks or slurs

Definition of Terms

any statement which is indicative of fear, hatred,

aversion towards persons who are perceived to be or
who identify themselves as LGBQ, pansexual, or
other persons with diverse sexual orientation
Definition of Terms

Misogynistic remarks or slurs

Definition of Terms

Statements that are indicative of the

feeling of hating women or the belief that
men are inherently better that women
Definition of Terms

Stalking
Definition of Terms

conduct involving the repeated visual or physical

proximity, non-consensual communication, that
cause or will likely cause a person to fear for one's
own safety or the safety of others, or to suffer
emotional distress.
Definition of Terms

Public Spaces
Definition of Terms

streets and alleys, roads, sidewalks, public parks, buildings,

schools, churches, public washrooms, malls, internet shops,
restaurants and cafes, transportation terminals, public
markets, spaces used as evacuation centers, government
offices, common carriers, public utility vehicles (PUVs) as well
as private vehicles covered by app-based transport network
services, other recreational spaces such as, but not limited to,
cinema halls, theaters and spas, bars and clubs, resorts and
water parks, hotels and casinos, and all other areas,
regardless of ownership, openly accessible or offered to be
accessed by the public
 .
Why Victims Don’t Speak Out:
Why Victims Don’t Speak Out:
Fear of:
Being Accused of Not
• Loss of Job Having a Sense of
Opportunities Humor
• Being labelled as Being Labeled:
“praning” or
“presumptuous” • Trouble Maker
• Not Being Believed • Feminist
• Of Being “Wrong”
• Overly Sensitive
• Rejection from
Co-Workers • Mentally Unstable
• Retaliation
Important Facts about Sexual Harassment:
Generally occurs when
there is a disparity of
power – not just when
men & women are
working together.
Does not have to be
intentional.
What is offensive is in the
“eye of the beholder.”
Men can be sexually harassed.
Men can harass men; women
can harass women.
Harassment does not have to
be directed at a particular
individual.
Offenders can be supervisors,
co-workers or non-employees
(customers, vendors or
suppliers) .
Implementing Bodies for GBSH:
MMDA

Local units of PNP for the

provinces (PNP Women and
Children Protection
Centers/Desks)

DILG

PCW

DSWD

DOH

LGUs
 Pass and disseminate
ordinance for GBSH
prevention
Discourage GBSH
Establish anti-sexual
Duties of LGUs harassment hotline
Coordinate with DILG
Provide training for
barangay
Set up anti-sexual
harassment desks in
baranggay
 •Disseminate R.A.
No. 11313
•Provide measures
to prevent GBSH
Duties of Employers
•Create CODI
•Disseminate a
code of conduct
on GBSH, and set
admin penalties
 •Refrain from
committing acts of
GBSH
•Discourage the
Duties of Co-workers conduct of GBSH
•Provide emotional
or social support
•Report acts of
GBSH witnessed in
the workplace
 .
WORKSHOP
Situation #1

MAJA was seated in a sofa of the Engineering Office watching

Eat Bulaga when ZANJOE suddenly sat beside her and
cornered her. ZANJOE tickled her right knee. Despite her
protestations, ZANJOE also held her on her waist causing her
to hit her left elbow in the nearby cabinet when she freed
herself from ZANJOE. She told her a female collegue in the
office. When her female colleague said she cried and told the
incident to her workmates, instead of apologizing, ZANJOE
taunted her and with a smirk uttered ‘Oh, Umiyak ka daw’.

When called upon, ZANJOE justified himself that he just had

the best intentions in making a moment lighthearted with his
workmates while watching a noontime television show.
Situation # 2
Conversation between BARBIE and JM (her supervisor)

August 1998
JM: “Barbs, gumaganda ka yata?“ (whispering to her ear)

Sept. 1998
JM: “Barbie, I like you a lot. Naiiba ka sa lahat.” (Only both of
them are in JM’s office)
---
JM: “May boyfriend ka na ba?”
B: “Dati nagkaroon po.”
JM: “Nasaan na siya?”
B: “Nag-asawa na ho.”
JM: “Bakit hindi kayo nagkatuluyan?”
B: “Nainip po.”
JM: “Pagkatapos mo ng kurso mo ay kumuha ka ng Law at ako
ang bahala sa iyo, hanggang ako pa ang Chairman dito.”
Situation # 2 (cont.)
Conversation between BARBIE and JM (her supervisor)

JM handed money to Barbie, while saying,

JM: “Kuhanin mo ito.”
B: “Huwag na ho hindi ko kailangan.”
JM: “Hindi sige, kuhanin mo. Ayusin mo ang dapat ayusin.
Paglabas mo itago mo ang pera. Ayaw ko ng may makaka- alam nito.
Just the two of us.
B: “Bakit naman, Sir?”
JM: “Basta. Maraming tsismosa diyan sa labas. But I don’t give them
a damn. Hindi ako mamatay sa kanila.”

Another incident on September 1998:

JM: Barbie, may ka live-in ka ba?
B: Sir, wala po.
JM: Bakit malaki ang balakang mo?
B: Kayo, Sir ha! Masama sa amin ang may ka live-in.
JM: Bakit, ano ba ang relihiyon ninyo?
B: Catholic, Sir. Kailangan ikasal muna.
JM: Bakit ako, hindi kasal.
Situation #3

During lunchbreak, Aljur was viewing pornographic videos in

Pornhub in his desk which is located in the entrance of the
office as he is an office receptionist/ frontliner. He also made a
fake Facebook account to anonymously message Kylie, his
officemate, pictures of his private parts. He also forwards in the
office groupchat, memes and caricatures like these:
WORKPLACE BULLYING…

WHAT DOES IT LOOK LIKE?

IS IT HARASSMENT ?
 BULLYING:

Bullying may be direct, such as

severe verbal abuse, or
indirect, such as spreading
rumors or lies. Cyber bullying is
just as serious. Internet or
cyber bullying might include
sharing inappropriate pictures
of someone, posing as
someone else to spread Social Media:
rumors or lies, or sending using social media (i.e.,
harassing messages and Facebook) to bully
abusive emails others at work (even
if not written on
workplace property)
is considered
bullying!
Some Signs of Bullying:
Being left out from work-
related social events
Coworkers storming out of the
work area when you enter
Being given the “silent
treatment”
Not being given the praise you
thought you deserved
Being treated rudely or
disrespectfully
Others responding slowly to
requests that were important to
you
Being yelled or shouted at
Receiving put-downs about your
intelligence or competence
Your telephone calls,
contributions, or other
communications are ignored
Someone interferes with or
sabotages your work
Being given little or no feedback
about your performance
Being the recipient of mean
pranks
REMEMBER. . .

WHAT IS
OFFENSIVE and . SEXUAL is
in the “eye of the beholder”/
what the recipient perceives
it to be
 . II
Part
How to Prevent GBSH
in the Workplace
What to do if you are being Sexually
Harassed?
a) Respond quickly, firmly, and
professionally to unwelcome words
or behavior;
b) Explain that the conduct is
unwanted and that you want it to
stop;
c) Report to your affirmative action
coordinator behavior that doesn’t
stop or an incident you consider
serious or part of a pattern.
How to prevent Sexual Harassment?
1. Understand the definition of sexual
harassment;
2. Incorporate training on
harassment and discriminatory
treatment in your workplace.
Mandate regular and ongoing training
for employees and supervisors.
Provide refresher training on an
annual or as-needed basis;.
How to prevent Sexual Harassment?
3. Raise awareness;
4. Deal with any allegations and
concerns immediately;
5. Zero tolerance policy
6. Report any concerns immediately
What to do if you are a witness:

ASSIST – Victim if necessary

REPORT – Immediately

SUPPORT- Victim as
appropriate
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