RA 11313 Safe Spaces Act or The Bawal Bastos Law
What is RA 11313?
• “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”
• It is an expansion on RA 7877 or the Anti-Sexual Harassment Act.
• It is also called the Bawal Bastos Law
Why is there a need for the Law?
• Prior to the creation of the Safe Spaces Act, harassment done to women are punished only by
the Anti-Sexual Harassment Law, which only covers sexual harassment done in the
workplace.
• Local ordinances done in the Cities of Manila and Quezon are the only ones protecting
women and the LGBTQ+ community from harassment in the streets.
• Safe Spaces Act aims to ensure 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.
• The Safe Spaces Act also extends its protection even to cyberspace and provides for
prohibited acts and their corresponding penalties.
Streets and Online Harassment
• In a global study conducted by Plan International, at least 7 in 10 girls and young Filipinas
has experienced online harassment.
• Further, majority (67 percent) of the Filipino girls and young women surveyed said that they
were harassed by people they know.
• Laws punishing catcalling and harassment in the streets are non-existent. It only covers those
done in the workplace.
Definition of Terms
• Catcalling refers to unwanted remarks directed towards a person, commonly done in the
form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs
• Gender-based online sexual harassment refers to an online conduct targeted at a particular
person that causes or likely to cause another mental, emotional or psychological distress, and
fear of personal safety, sexual harassment acts including unwanted sexual remarks and
comments, threats, uploading or sharing of one’s photos without consent, video and audio
recordings, cyberstalking and online identity theft
• 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 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
• Gender identity and/or expression refers to the personal sense of identity as characterized,
among others, by manner of clothing, inclinations, and behavior in relation to masculine or
feminine conventions. A person may have a male or female identity with physiological
characteristics of the opposite sex in which case this person is considered transgender
• Stalking refers to conduct directed at a person involving the repeated visual or physical
proximity, non-consensual communication, or a combination thereof 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.
Gender-Based Streets and Public Spaces Harassment
• The crimes of gender-based streets and public spaces sexual harassment are committed
through any unwanted and uninvited sexual actions or remarks against any person regardless
of the motive for committing such action or remarks.
• Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts and
Water Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately Owned
Places Open to the Public
• Gender-Based Sexual Harassment in Public Utility Vehicle
• Gender-Based Sexual Harassment in Streets and Public Spaces Committed by Minors
Example of Gender-Based Streets and Public Spaces Harassment
Gretchen Diez, a transwoman, was barred from using the women’s restroom by a janitress who
insisted she use the men’s restroom instead. This treatment goes against Quezon City’s Anti-
Discrimination Ordinance, which prohibits discrimination based on a person’s SOGIE.
Penalties for Gender-Based Streets and Public Spaces Harassment
1) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting,
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
a. The first offense shall be punished by a fine of One thousand pesos (₱1,000.00)
and community service of twelve (12) hours inclusive of attendance to a Gender
Sensitivity Seminar to be conducted by the PNP in coordination with the LGU
and the PCW;
b. The second offense shall be punished by arresto menor (6 to 10 days) or a fine of
Three thousand pesos (₱3,000.00);
c. The third offense shall be punished by arresto menor (11 to 30 days) and a fine of
Ten thousand pesos (₱10,000.00).
2) 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
a. The first offense shall he punished by a fine of Ten thousand pesos (₱10,000.00)
and community service of twelve (12) hours inclusive of attendance to a Gender
Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU
and the PCW;
b. The second offense shall be punished by arresto menor (11 to 30 days) or a fine
of Fifteen thousand pesos (₱15,000.00);
c. The third offense shall be punished by arresto mayor (1 month and 1 day to 6
months) and a fine of Twenty thousand pesos (₱20,000.00).
3) For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a) and
(b), when accompanied by touching, pinching or brushing against the body of the
offended person; or any touching, pinching, or brushing against the genitalia, face, arms,
anus, groin, breasts, inner thighs, face, buttocks or any part of the victim’s body even
when not accompanied by acts mentioned in Section 11 paragraphs (a) and (b)
a. The first offense shall be punished by arresto rnenor (11 to 30 days) or a line of
Thirty thousand pesos (₱30,000.00), provided that it includes attendance in a
Gender Sensitivity Seminar, to be conducted by the PNP in coordination with the
LGU and the PCW;
b. The second offense shall be punished by arresto mayor (1 month and 1 day to 6
months) or a fine of Fifty thousand pesos (₱50,000.00);
c. The third offense shall be punished by arresto mayor in its maximum period or a
fine of One hundred thousand pesos (₱100,000.00).
Gender-Based Online Sexual Harassment
Gender-based online sexual harassment includes 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
victim’s privacy through cyberstalking and incessant messaging, uploading and sharing without
the consent of the victim, any form of media that contains photos, voice, or video with sexual
content, any unauthorized recording and sharing of any of the victim’s photos, videos, or any
information online, impersonating identities of victims online or posting lies about victims to
harm their reputation, or filing, false abuse reports to online platforms to silence victims.
Penalties for Gender-Based Online Sexual Harassment
• The penalty of prision correccional in its medium period or a fine of not less than One
hundred thousand pesos (₱100,000.00) but not more than Five hundred thousand pesos
(₱500,000.00), or both, at the discretion of the court shall be imposed upon any person found
guilty of any gender-based online sexual harassment.
• If the perpetrator is a juridical person, its license or franchise shall be automatically deemed
revoked, and the persons liable shall be the officers thereof, including the editor or reporter in
the case of print media, and the station manager, editor and broadcaster in the case of
broadcast media. An alien who commits gender-based online sexual harassment shall be
subject to deportation proceedings after serving sentence and payment of fines.
Gender-Based Sexual Harassment in the Workplace
The crime of gender-based sexual harassment in the workplace includes the following:
a) 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;
b) A conduct of sexual nature and other conduct-based on sex affecting the dignity of a
person, which is unwelcome, unreasonable, and offensive to the recipient, 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;
c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile or
humiliating environment for the recipient: Provided, That the crime of gender-based
sexual harassment may also be committed between peers and those committed to a
superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee;
and
d) Information and communication system refers to a system for generating, sending,
receiving, storing or otherwise processing electronic data messages or electronic
documents and includes the computer system or other similar devices by or in which data
are recorded or stored and any procedure related to the recording or storage of electronic
data messages or electronic documents.
Penalties on Gender-Based Sexual Harassment in the Workplace
• In addition to liabilities for committing acts of gender-based sexual harassment, employers
may also be held responsible for:
a) Non-implementation of their duties under this Act
b) Not taking action on reported acts of gender-based sexual harassment committed in the
workplace.
• Any violator, shall upon conviction, be penalized with a fine of not less than Five thousand
pesos (₱5,000.00) nor more than Ten thousand pesos (₱10,000.00).
• Any violator, shall upon conviction, be penalized with a fine of not less than Ten thousand
pesos (₱10,000.00) nor more than Fifteen thousand pesos (₱15,000.00).
Gender-Based Sexual Harassment in the Educational and Training Institutions
• All schools, whether public or private, shall designate an officer-in-charge to receive
complaints regarding violations of this Act, and shall, ensure that the victims are provided
with a gender-sensitive environment that is both respectful to the victims’ needs and
conducive to truth-telling.
• Every school must adopt and publish grievance procedures to facilitate the filing of
complaints by students and faculty members.
• Once a perpetrator is found guilty, the educational institution may reserve the right to strip
the diploma from the perpetrator or issue an expulsion order.
Examples of Safe Spaces Act Properly Being Implemented in Educational Institutions
• Ateneo de Davao University, despite being a Catholic Jesuit school, implemented an all-
gender restroom in all of its campuses.
• Sessy Maravillo, a 17-year-old senior high school and also a transgender woman was allowed
by her school, Leyte National High School to wear a female uniform, which reflects her
gender identity.
Penalties on Gender-Based Sexual Harassment in Educational and Training Institutions
• In addition to liability for committing acts of gender-based sexual harassment, principals,
school heads, teachers, instructors, professors, coaches, trainers, or any odier person who has
authority, influence or moral ascendancy over another in an educational or training institution
may also be held responsible for:
a) Non-implementation of their duties under this Act
b) Not taking action on reported acts of gender-based sexual harassment committed in the
educational institution.
• Any violator, shall upon conviction, be penalized with a fine of not less than Five thousand
pesos (₱5,000.00) nor more than Ten thousand pesos (₱10,000.00).
• Any violator, shall upon conviction, be penalized with a fine of not less than Ten thousand
pesos (₱10,000.00) nor more than Fifteen thousand pesos (₱15,000.00).
Role of Administrative Bodies of the Government
Administrative bodies of the government such as the DOLE, DepEd, DSWD, PNP, and the
DILG, among others, shall ensure the full implementation of this Act by:
a) Inspecting LGUs if they have disseminated or posted in conspicuous places a copy of this
Act and the corresponding ordinance;
b) Conducting and disseminating surveys and studies on best practices of LGUs in
implementing this Act; and
c) Providing capacity-building and training activities to build the capability of local
government officials to implement this Act in coordination with the Philippine
Commission on Women (PCW). the Local Government Academy (LGA) and the
Development Academy of the Philippines (DAP).
Role of the LGU
Local government units (LGUs) shall bear primary responsibility in enforcing the provisions
under Article I of this Act. LGUs shall have the following duties:
a) Pass an ordinance which shall localize the applicability of this Act within sixty (60) days
of its effectivity;
b) Disseminate or post in conspicuous places a copy of this Act and the corresponding
ordinance;
c) Provide measures to prevent gender-based sexual harassment in educational institutions,
such as information campaigns and anti-sexual harassment seminars;
d) Discourage and impose fines on acts of gender-based sexual harassment as defined in this
Act;
e) Create an anti-sexual harassment hotline; and
f) Coordinate with the Department of the Interior and Local Government (DILG) on the
implementation of this Act.
Related Jurisprudence: Escandor vs People
Facts
Jose Romeo Escandor (Escandor), the Regional Director of the National Economic and
Development Authority (NEDA) Region 7, Cebu City, was charged with violating Republic Act
No. 7877 otherwise known as the Anti-Sexual Harassment Act of 1995. It was alleged that
Escandor performed or made series of unwelcome sexual advances or verbal or physical
behavior of sexual nature, and demanded, solicited, and requested sexual favors from Mrs. Cindy
Gamallo (Gamallo), then a contractual employee of the NEDA, thus, Escandor’s subordinate,
thereby exercising authority, influence or moral ascendancy over Gamallo in her work place.
Issue
Whether or not Escandor was guilty of sexual harassment.
Ruling
Yes. Republic Act No. 7877, otherwise known as the Anti-Sexual Harassment Act of 1995, was
the first criminal statute enacted in the Philippines to penalize sexual harassment. It was adopted
pursuant to the declared policy that "the State shall value the dignity of every individual, enhance
the development of its human resources, guarantee full respect for human rights, and uphold the
dignity of workers, employees, applicants for employment, students or those undergoing
training, instruction or education."
Sexual harassment as defined and penalized under Republic Act No. 7877 requires three
elements for an accused to be convicted: (1) that the employer, employee, manager, supervisor,
agent of the employer, teacher, instructor, professor, coach, trainor, or any other person has
authority, influence, or moral-ascendancy over another; (2) the authority, influence, or moral
ascendancy exists in a work-related, training-related, or education-related environment, and (3)
the employer, employee, manager, supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor, or any other person who has authority, influence, or moral-ascendancy
over another makes a demand, request, or requirement of a sexual favor.
On the first requisite, it is clear that Escandor had authority over Gamallo. He was the Regional
Director of the National Economic and Development Authority Region 7, while Gamallo was a
contractual employee in that office.117 Escandor's authority also existed in a work-related
environment; thereby satisfying the second requisite for sexual harassment.
While the third requisite calls for a "demand, request, or requirement of a sexual favor," this
Court has held in Domingo v. Rayala118 that it is not necessary that these be articulated in a
categorical oral or written statement. It may be discerned from the acts of the offender.119 Thus,
the Court found in that case that the accused's acts of "holding and squeezing Domingo's
shoulders, running his fingers across her neck and tickling her ear, having inappropriate
conversations with her, giving her money allegedly for school expenses with a promise of future
privileges, and making statements with unmistakable sexual overtones"120 satisfy the third
requisite.
In addition to Republic Act No. 7877, Congress has since enacted Republic Act No. 11313,
otherwise known as the Safe Spaces Act. Signed into law on July 15, 2019, it penalizes gender-
based sexual harassment, and is founded on, among others, the recognition that "both men and
women must have equality, security and safety not only in private, but also on the streets, public
spaces, online, workplaces and educational an training and training institutions."115 It addresses
four (4) categories of gender-based sexual harassment: gender-based streets and public spaces
sexual harassment; gender-based online sexual harassment; gender-based sexual harassment in
the workplace; and, gender-based sexual harassment in educational and training institutions.
In line with fundamental constitutional provisions regarding human dignity and human rights,
the Safe Spaces Act expands the concept of discrimination and protects persons of diverse sexual
orientation, gender identity and/or expression. It thus recognizes gender-based sexual-harassment
as including, among others, "misogynistic, transphobic, homophobic and sexist slurs."
The Safe Spaces Act does not undo or abandon the definition of sexual harassment under the
Anti-Sexual Harassment Law of 1995. The gravamen of the offenses punished under the Safe
Spaces Act is the act of sexually harassing a person on the basis of the his/her sexual orientation,
gender identity and/or expression, while that of the offense punished under the Anti-Sexual
Harassment Act of 1995 is abuse of one's authority, influence or moral ascendancy so as to
enable the sexual harassment of a subordinate.
All the elements of sexual harassment, as penalized by Republic Act No. 7877, are present in this
case.
References:
Escandor vs People G.R. No. 211962, July 06, 2020
CHR Statement on discrimination of Gretchen Diez. Retrieved from:
https://chr.gov.ph/statement-of-the-chr-spokesperson-atty-jacqueline-ann-de-guia-on-the-
discrimination-faced-by-transwoman-gretchen-diez/#:~:text=Diez%2C%20a%20transwoman
%2C%20was%20barred,based%20on%20a%20person's%20SOGIE.
Transgender Tacloban student earns buzz as school allows her to wear female uniform. Retrieved
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Safe Spaces: A List of “Whatever Gender” Bathrooms in Metro Manila (And Beyond). Wonder.
Retrieved from: https://wonder.ph/life/unisex-public-toilet/
Philippines’ streets should be safer for women with new law signed. Inter-aksyon. Retrieved
from: https://interaksyon.philstar.com/trends-spotlights/2019/05/29/149719/safe-streets-public-
spaces-act/
7 in 10 girls and young women in PH experience online harassment – Plan International study.
Plan International. Retrieved from: https://plan-international.org/philippines/news/2020/10/16/7-
in-10-girls-and-young-women-in-ph-experience-online-harassment-plan-international-study/
Republic Act No. 11313. Retrieved from:
https://www.officialgazette.gov.ph/2019/04/17/republic-act-no-11313/
