Dispute Resolution, Litigation, Arbitration
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 (as further defined in RA No. 11313) | Penalty |
Gender-based sexual harassment in streets and public spaces: Cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, 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 | First offense: fine of one thousand pesos (P1,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar Second offense: arresto menor (6 to 10 days) or a fine of three thousand pesos (P3,000.00) Third offense: arresto menor (11 to 30 days) or a fine of ten thousand pesos (P10,000.00) |
Gender-based sexual harassment in streets and public spaces: Making offensive body gestures at someone, 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 | First offense: fine of ten thousand pesos (P10,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar Second offense: arresto menor (11 to 30 days) or a fine of fifteen thousand pesos (P15,000.00) Third offense: arresto mayor (1 month and 1 day to 6 months) and a fine of twenty thousand pesos (P20,000.00) |
Gender-based sexual harassment in streets and public spaces: Stalking, any of the acts mentioned in 11(a) or 11(b) when accompanied by touching, pinching or brushing against the body of the offended person; any touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, buttocks or any part of the victim’s body even when not accompanied by acts mentioned in 11(a) and 11(b) | First offense: arresto menor (11 to 30 days) or a fine of thirty thousand pesos (P30,000.00), provided that it includes attendance in a Gender Sensitivity Seminar Second offense: arresto mayor (1 month and 1 day) or a fine of fifty thousand pesos (P50,000.00) Third offense: arresto mayor in its maximum 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 workplace and educational or training institutions | Administrative penalties as provided for by the employer’s Committee on Decorum and Investigation, and without prejudice to other applicable criminal violations and penalties |
Failure of employers or school heads to implement their duties under the Safe Spaces Act (i.e. including setting of administrative penalties to violations of gender-based sexual harassment in the workplace) | Fine of not less than five thousand pesos (P5,000.00) nor more than ten thousand pesos (P10,000.00) |
Failure of employers or school heads to take action on reported acts of gender-based sexual harassment committed in the workplace or in the educational institution | Fine of not less than ten thousand pesos (P10,000.00) nor more than fifteen thousand pesos (P15,000.00) |
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.
Click here to read the entire text of RA No. 11313 including the complete list of prohibited acts.
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