REPUBLIC ACT 11313

GENDER AND DEVELOPMENT SEMINAR

• The Magna Carta of Women (Republic Act No.
9710) defines Gender and Development
Program (GAD) as the development perspective
and process that is participatory and
empowering, equitable, sustainable, free from
violence, respectful of human rights, supportive
of self-determination and actualization of
human potentials. It seeks to achieve gender
equality as a fundamental value that should be
reflected in development choices and contends
that women are active agents of development,
not just passive recipients of development.
 GENDER AND DEVELOPMENT SEMINAR
• GAD focuses on Gender Mainstreaming or a
strategy for:
• making women’s as well as men’s concerns and
experiences an integral dimension of the design,
implementation, monitoring, and evaluation of
policies, programs, and projects in all social,
political, civil, and economic spheres so that
women and men benefit equally.
• assessing the implications for women and men
of any planned action, including legislation,
policies or programs in all areas and at all levels
ETHICAL CONDUCT IN TIMES
OF PANDEMIC

The pandemic of COVID-19 and the

imposed lockdown, has led to more people
to be confined at home increasingly relying
on the Internet.
BASTOS!
Sino ang bastos?
(A)
(B)
 Ano ang
tipo mong
lalake?
 Republic Act 11313

The Safe Space Act

 FORMERLY KNOWN AS

Anti-Bastos Bill
or
Bawal ang Bastos Bill
 Republic Act 11313
APRIL 17, 2019 (AUGUST 3, 2019)
▸ An Act defining Gender-Based Sexual Harassment
in Streets, Public Places, Online, Workplaces, and
Educational or Training Institutions
▸ Provides Protective Measures
▸ Prescribes Penalties (imprisonment, community
service and/or fine; Expulsion from school and
withholding of diploma; Dismissal from
Employment/Suspension)
▸ It promotes decency, equality, security and safety
of women (and LGBT).
 Now anyone can be an offender
▸ The Safe Spaces Act covers even sexist,
homophobic, and transphobic remarks. That
means you can file a case against someone
who says something like, "Ang mga bakla,
pang-parlor lang dapat 'yan eh. (Gay men
belong to hair salons.)"
"homophobic remarks -having or showing a dislike of or
prejudice against gay people.

Transphobia is fear or hatred of transgender people.

fear, aversion, hatred, violence or anger towards people
who do not conform to social gender expectations.
 Republic Act 11313
STREETS & PUBLIC PLACES
▸ Alleys and roads ▸ Internet Shops,
public markets
▸ Sidewalks and parks
▸ Transportation
▸ Buildings Terminals
▸ Schools and any part ▸ Public Utility
thereof Vehicles
▸ Churches ▸ Training
environments
▸ Restaurants, malls,
public washrooms, ▸ Online spaces
bars ▸ Workplaces
 Republic Act 11313
STREETS & PUBLIC SPACES SEXUAL
HARASSMENT
(FIRST DEGREE OFFENSES)
▸ Unwanted and uninvited sexual ▸ Misogynistic, transphobic,
actions homophobic, and sexist slurs
▸ Unwanted and uninvited sexual ▸ Persistent uninvited comments or
remarks gestures on a persons
appearance, persistent telling of
▸ Catcalling – shouting, sexual jokes
commenting of sexual nature to ▸ Relentless requests for personal
a woman passing by details
▸ Wolf-whistling – whistling ▸ Statement of sexual comments
towards someone to express and suggestions
sexual attraction or admiration
▸ Use of ridiculous actions,
▸ Unwanted Invitation gestures or words based on
sexual orientation or gender.
▸ Unwanted comments on the
appearance of an individual ▸ Use of sexual comments, names
and demands.
 PENALTIES FOR FIRST DEGREE
OFFENSES
▸ First Offense: PhP 1,000.00 fine and
community service within 12 hours and
Gender Sensitivity Seminar.

▸ Second Offense: PhP 3,000.00 fine and six to

ten days imprisonment

▸ Third Offense: PhP 10,000.00 fine and 11 to 30

days imprisonment.
SECOND DEGREE OFFENSES:

▸ Public masturbation
▸ Offensive body gestures
▸ Groping
▸ Flashing of private parts
▸ Similar Lewd Action
PENALTIES FOR SECOND
DEGREE OFFENSES
▸ First Offense: PhP 10,000.00 fine, 12 hours
community service and Gender Sensitivity
Seminar.
▸ Second Offense: PhP 15,000.00 fine and 11 to 30
days in jail.
▸ Third Offense: PhP20,000.00 fine and one to six
months in jail.
THIRD DEGREE OFFENSES:

▸ Sexual gestures and statements with

brushing, and pinching against the body of
another person;
▸ Stalking – repeated visual or physical
proximity. Non-consensual communication
that cause emotional distress or fear for one’s
safety;
▸ Pinching, brushing, or touching against the
face, arms, breast, buttocks, genitalia and
other part of the body.
 PENALTIES FOR THIRD-
DEGREE OFFENSES:
▸ First offense: PhP 30,000.00 fine and
attendance to Gender Sensitivity Seminar,
11 to 30 days in jail;

▸ Second offense: PhP 50,000.00 fine and one

to six months in jail;

▸ Third offense: PhP 100,000.00 fine and four

to six months in jail.
 Republic Act 11313

Gender-based Online Sexual Harassment

▸ Use of information and communications
technology
▸ Terrorizing and intimidating victims
▸ Physical, psychological or emotional threats
▸ Unwanted sexual misogynistic, transphobic,
homophobic and sexist remarks and comments
online whether in public post or private
messages
 Republic Act 11313

Gender-based Online Sexual Harassment

▸ Cyberstalking that invades a person’s privacy
▸ incessant messaging
▸ uploading or sharing, without the consent of the victim,
any form of media that contains photos, voice, or video
with sexual content
▸ Unauthorized recording or sharing of the victim’s
photos, videos, or any information online
▸ Impersonating identities of victims online or posting of
lies about victims to harm their reputation
▸ Filing false abuse reports to online platforms to silence
victims
 Penalty for Online Sexual
Harassment

▸ Fine of PhP 100,000 to 500,000.00 OR TWO to FOUR

YEARS IMPRISONMENT (Prision Correccional
Medium Period) or both at the discretion of the
Court.

The PNP ANTI-CYBERCRIME GROUP is in-charge to

arrest online violators using real-time reporting.
 COMPARISON OF R.A. 11313 FROM

▸ R.A. 7877 (SEXUAL HARASSMENT ACT)

▸ ORAL DEFAMATION/SLANDER

▸ LIBEL/ONLINE LIBEL

▸ ACTS OF LASCIVIOUSNESS

▸ UNJUST VEXATION
 Republic Act 11313
Gender-based Sexual Harassment in the
Workplaces
▸ Act or series of acts on unwelcome sexual advances,
requests or demand, verbally, physically, or through the
use of technology
▸ Conduct of sexual nature affecting the dignity of a
person, which is unwelcome, unreasonable and offensive
to the recipient
▸ Conduct that is unwelcome and pervasive and creates an
intimidating hostile or humiliating environment for the
recipient
▸ Applicable between peers, co-employees, superior or
subordinate officers, teacher to student or student to
teacher, trainor and trainee.
 QUID PRO-QUO
▸ Favor or advantage granted or expected in return
for something. Necessary under R.A. 7877.
▸ This is not necessary under RA 11313.
▸ A mere co-employee of same rank may be
held liable for the crimes defined under RA
11313 regardless of place of incident.
▸ RA 11313 has stiffer penalties than R.A. 7877
or otherwise known as the Sexual Harassment
Law.
 Republic Act 11313
Gender-based Sexual Harassment in
Schools and Training Environments
▸ Must designate an officer to handle complaints
▸ Must investigate even if the victim does not want to file a complaint
▸ Must investigate even if based on raw knowledge of a possible or
impending act or gender-based sexual harassment or sexual violence
▸ Take appropriate steps to resolve the situation
▸ Create a COMMITTEE ON DECORUM AND INVESTIGATION
(CODI). Representatives of teachers, faculty, students, parents,
employees, administration. Head must be a woman and not less than
half of the composition must be female.
▸ School can strip the diploma of the guilty or impose expulsion;
dismissal of teacher and employee
 Republic Act 11313
Sexual Harassment in Schools
and Workplaces
▸ As stated in the law, SEXUAL HARASSMENT is an act
that involves requests for “sexual favors, unwelcome
sexual advances, or any act of sexual harassment done
either physically or verbally using technology and other
forms of communication system that cause detrimental
effect to a person’s employment, job performance, or
education.”
▸ Employers are encouraged to create a committee that
will cater to sexual harassment complaints. The head of
the committee must be a FEMALE EMPLOYEE. Half of
the number of the committee must be women.
 Republic Act 11313
LIABILITIES OF EMPLOYERS

▸ For non-implementation of the law

▸ Fine from P5,000 to P10,000
▸ Fine of P10,000 to P15,000 if failed to act
on complaint
 Republic Act 11313

LIABILITIES OF SCHOOL
▸ Principals, school heads, teachers, instructors,
professors, coaches, trainers, person in
authority or moral ascendancy may be liable
for:
▸ Non-implementation of the law
▸ Failure to act on reported harassment committed
inside the school
▸ Penalty is P5,000 to P10,000 plus administrative
sanctions
 Republic Act 11313
CONFIDENTIALITY & Restraining
Order

▸ Investigation, prosecution and trial must be

confidential specially if a minor is involved,
whether a victim or an accused.
▸ Court may issue restraining order against the
perpetrator to stay away from the offended
person, residence, school, place of work or any
specified place frequented by the offended party
 Republic Act 11313

PUNISHABLE ALSO UNDER OTHER

SPECIAL LAWS

▸ Violation of this Law shall not bar the

prosecution for other laws like the Revised
Penal Code on Acts of Lasciviousness, Child
Abuse Law, Anti-Bullying Act, Sexual
Harassment Law, Anti-Voyeurism Law, and
other applicable laws which impose higher
penalties of imprisonment for up to 24 years.
 Republic Act 11313

THREE KINDS OF LIABILITIES

1. CRIMINAL
2. CIVIL
3. ADMINISTRATIVE
BAWAL ANG BASTOS!