IS SEXUAL

HARASSMENT
REAL?
SAFE SPACES ACT
R.A. 11313
PURPOSE OF THE LAW

it seeks to “protect everyone,

especially women & LGBT, from
sexual harassment in the streets,
schools & workplaces.”
Safe Spaces Act or Bawal Bastos Act
was signed into law last April 17,
2019

• Date Signed: April 17, 2019

• Date Published: July 19, 2019
• Date of Effectivity: August 3,
2019

Implementing Rules and Regulations

was approved on October 28, 2019
 WHAT DOES THE SAFE
SPACES ACT COVER?

all forms of gender-based sexual

harassment (GBSH) committed in
public spaces, educational or training
institutions, workplace,
as well as online space
GENDER-BASED STREETS AND PUBLIC
SPACES SEXUAL HARASSMENT

acts which are committed through any

unwanted and uninvited sexual actions or
remarks against any person regardless of
the motive for committing such action or
remarks
PUBLIC SPACES
refer to streets and alleys, public parks,
schools, buildings, malls, bars, restaurants,
transportation terminals, public markets,
spaces used as evacuation centers,
government offices
PUBLIC SPACES
refer to public utility vehicles as well as
private vehicles covered by app-based
transport network services and other
recreational spaces such as, but not limited
to, cinema halls, theaters and spas
WHAT ARE THE ACTS OF GENDER-BASED
SEXUAL HARASSMENT (GBSH) IN PUBLIC
SPACES UNDER SECTION 11?
(a) Cursing, wolf-whistling, Catcalling, leering and intrusive
gazing, Taunting and pursing, unwanted invitations,
misogynistic, transphobic, homophobic, and sexist slurs,
persistent unwanted comments on one’s appearance, relentless
requests for one’s personal details such as name, contact and
social media details or destination, the use of 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
 PENALTY

1ST OFFENSE 2ND OFFENSE 3RD OFFENSE

a fine of One thousand pesos
arresto menor (6 to 10 arresto menor (11 to 30
(₱1,000.00) and community
service of twelve (12) hours days) or a fine of Three days) and a fine of Ten
inclusive of attendance to a thousand pesos thousand pesos
Gender Sensitivity Seminar to
(₱3,000.00) (₱10,000.00)
be conducted by the PNP in
coordination with the LGU and
the PCW
(b) For acts such as making offensive body gestures
at someone, and exposing private parts for the
sexual gratification of the perpetrator with the effect
of demeaning, harassing, threatening or intimidating
the offended party including flashing of private
parts, public masturbation, groping, and similar
lewd sexual actions
 PENALTY

1ST OFFENSE 2ND OFFENSE 3RD OFFENSE

a fine of Ten thousand pesos
arresto menor (11 to 30 arresto mayor (1 month
(₱10,000.00) and community
service of twelve (12) hours days) or a fine of and 1 day to 6 months)
inclusive of attendance to a Fifteen thousand pesos and a fine of Twenty
Gender Sensitivity Seminar, to
(₱15,000.00) thousand pesos
be conducted by the PNP in
coordination with the LGU and (₱20,000.00)
the PCW
 3RD DEGREE OFFENSES:
(TEN YEARS PRESCRIPTION)
• 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
 PENALTY

1ST OFFENSE 2ND OFFENSE 3RD OFFENSE

11-30 days in 1 month and 1 day to 6 4 months and 1 day to 6
prison/P30,000-fine months in prison and months in
with attendance to P50,000-fine prison/P100,000-fine
Gender Sensitivity
Seminar
GENDER-BASED
ONLINE
Sexual Harassment
(GBOSH)
 GENDER-BASED ONLINE
SEXUAL HARASSMENT

GBOSH refers to acts that use information and communications technology in

terrorizing and intimidating victims through:
• Physical, psychological, and emotional threats, 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 cyberstalking and incessant messaging;
 EXAMPLE

An investigation showed the 34-year-old suspect allegedly filmed

the 19-year-old student without her consent while doing her
morning exercise in Barangay Ugong, Pasig City. He then posted
the video on Facebook with the caption: "pg 2mingin ka brocha
ka," a colloquial term that implies a lewd act.
 PENALTY

6 months to 6 years in its medium period or a fine of not less than P

100, 000 but not more than 500,000 or both at the discretion of the
court shall be imposed
 Take note of the URL account of the respondent
1 https://www.facebook.com/juana.cruz/

Suggested Make a printout of the content being complained of

Steps in 2
by opening a browser on a laptop or desktop, going
to the pertinent account/page, and print the said
Saving webpage by pressing on CTRL+P

Digital
Evidence
Contact authorities via PNP ACG’s e-complaint desk
at
3
https://acg.pnp.gov.ph/eComplaint/ or through their
complaint action centers
 IMPLEMENTING BODIES

Pass an ordinance that shall localize the applicability of the law within sixty (60) days
from its effectivity. Such an ordinance shall consider and address the particular
circumstances prevalent in their respective jurisdictions.
IMPLEMENTING BODIES
GENDER-BASED
Sexual Harassment
in the Workplace
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 a
detrimental effect on the conditions of an individual's
employment or education, job performance or
opportunities;
OLD DEFINITION OF SEXUAL NEW DEFINITION OF SEXUAL
HARASSMENT HARASSMENT
• SH in the workplace occurs when sexual • SH occurs when the perpetrator gives
favors are solicited in exchange for unwanted, unwelcome and uninvited
favorable employment conditions and sexual remarks or actions against any
refusal to do so results in adverse working person that threatens the victim’s sense of
conditions personal space and safety
• SH in education and training environment
occurs when sexual favors are solicited in
exchange for a passing grade, granting of
honors, scholarships or payments of
allowance or stipend
 Duties of Employers
Disseminate the law to all persons in the workplace or post
1 a copy of the law in a conspicuous place

Provide measures to prevent GBSH in the

2 workplace such as the conduct of anti-SH
seminars

3 Create a CODI

Provide and disseminate a Code of Conduct or

4 workplace policy which shall:
• Expressly reiterate the prohibition on GBSH
• Describe the procedures of the internal
mechanism
• Set administrative penalties
 Adequately
represent the Investigate and
management, the
CODI decide on the
employees from the complaints within
supervisory rank, ten (10) days or
the rank-and-file less upon receipt
employees, and the thereof;
union if any;

Designate a woman THE Observe due

as its head and not EMPLOYER process;
less than half of its SHOULD
members should be Protect the
women; complainant from
Be composed of retaliation; and
members who
should be impartial Guarantee
and not connected confidentiality to
or related to the the greatest extent
alleged perpetrator; possible;
 PENALTY

Employers who fail to implement these duties (not less than

P5,000.00 but not more than P10,000.00) or do not take action on
reported acts of GBSH in the workplace (not less than P10,000.00
but not more than P15,000.00) shall be fined accordingly.
MONITORING BODIES
 Create and communicate a clear
anti-SH policy

PREVENTION AND Conduct SH training and education

MANAGEMENT OF
SEXUAL Ensure managers and supervisors
understand their obligation to keep
HARASSMENT a zero tolerance for SH
CASES
Ensure employees know their
options if they find themselves in a
situation of SH
 Clearly define the process to submit
a complaint

PREVENTION AND Define clear consequences for

MANAGEMENT OF committing SH

SEXUAL Have a clear process for

HARASSMENT investigating any complaint of SH

CASES
Cultivate a culture where SH is not
tolerated
SAFE SPACES
ORDINANCE
0474-21
Series 2021
 ARTICLE IV. MECHANISMS
TO IMPLEMENT ANTI-GBSH
SEC 6. EVERY BARANGAY MUST ENSURE THAT THIS ORDINANCE
IS ENFORCED BY:
• Creating their (BASHER) Barangay Anti-Sexual Harassment Enforcers
and Responders (Barangay Tanods designated as BASHER)
• Establishing a Committee on Anti-Sexual Harassment (CASH) with
Lupong Tagapamayapa
• Designating the Barangay Council Committee on Women and Children
 ARTICLE IV. MECHANISMS
TO IMPLEMENT ANTI-GBSH
SEC 6. EVERY BARANGAY MUST ENSURE THAT THIS ORDINANCE IS
ENFORCED BY:
• Together with BASHER and CASH to lead the barangay in
implementing Information dissemination campaigns, education
programs, and other advocacy activities on ending all forms of gender
based sexual Harassment in streets and public places;
• Keeping a logbook of complaints containing the names of the parties
involved Acts complained of, date of the incident and status of the case,
among others;
 ARTICLE IV. MECHANISMS
TO IMPLEMENT ANTI-GBSH
SEC 6. EVERY BARANGAY MUST ENSURE THAT THIS ORDINANCE IS
ENFORCED BY:
• Providing necessary services or referral to appropriate institutions and
agencies to address the medical, psychological, legal and other practical
needs of the victim
 ARTICLE IV. MECHANISMS
TO IMPLEMENT ANTI-GBSH
SEC 8. MANDATORY TRAINING FOR BARANGAYS, DCPO AND CTTMO

• All barangay officials, functionaries, personnel as well as the DCPO and

CTTMO enforcers and agents are required to undergo Gender Sensitivity
Trainings which will include the sessions on Gender Based Sexual
Harassment and RA 11313 and this Ordinance
SEC 23. PENALTY FOR GBSH COMMITTED BY INDIVIDUALS

1ST OFFENSE 2ND OFFENSE 3RD OFFENSE

A fine of P1,000 and A fine of P3,000 and A fine of P5,000 and
community service for community service for imprisonment of one
one (1) day fifteen (15) days month
 ARTICLE IV. MECHANISMS
TO IMPLEMENT ANTI-GBSH
SEC 24. PENALTY FOR OPERATORS OF PUBLIC UTILITY VEHICLES,
EMPLOYERS, AND SCHOOL HEADS IN EDUCATIONAL AND TRAINING
INSTITUTIONS.
• Operators of public utility vehicles who are found to have committed
acts committing acts constituting GBSH shall be penalized pursuant to
Section 6, Article I of RA 11313.
SEC 24. PENALTY FOR OPERATORS OF PUBLIC UTILITY VEHICLES, EMPLOYERS, AND
SCHOOL HEADS IN EDUCATIONAL AND TRAINING INSTITUTIONS.

1ST OFFENSE 2ND OFFENSE 3RD OFFENSE

A fine not less than not less than 1,000 but not not less than P3,000 but not
more than P3,000 and/or more than P5,000, and/or
P500 but not more suspension of business permit
revocation of business permit
than P1,000 at the and license to operate for at
and license to operate, at the
least three (3) but not more than
discretion of the court discretion of the court
6 months at the discretion of
the court
Thank you!