Republic Act No. 11313
“SAFE SPACES ACT”
By. LORNA PATAJO-KAPUNAN
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; and
Gender-Based Streets and Public
Spaces Sexual Harassment
➢ catcalling, wolf-whistling, unwanted invitations, misogynistic,
transphobic, homophobic and sexist slurs, persistent uninvited
comments or gestures on a person’s appearance, relentless requests
for personal details, statement of sexual comments and
suggestions, public masturbation or flashing of private parts,
groping, or any advances, whether verbal or physical
➢ that is unwanted and has threatened one’s sense of personal space
and physical safety, and committed in public spaces such as alleys,
roads, sidewalks and parks. Acts constitutive of gender-based
streets and public spaces sexual harassment are those performed in
buildings, schools, churches, restaurants, malls, public washrooms,
bars, internet shops, public markets, transportation terminals or
public utility vehicles.
Gender-Based Streets and Public
Spaces Sexual Harassment
➢ zero-tolerance policy
➢ assistance to victims of gender-based sexual harassment
➢ coordinating with local police authorities
➢ CCTV footage
➢ clearly-visible warning signs
➢ hotline number in bold letters
➢ designate at least one (1) anti-sexual harassment officer
➢ Security guards in these places may be deputized
➢ utility vehicles
➢ suspend or revoke the franchise of transportation operators
➢ in case the offense is committed by a minor, the Department of
Social Welfare and Development (DSWD) shall take necessary
disciplinary measures
Specific Acts and Penalties for Gender-Based
Sexual Harassment in Streets and Public
Spaces
(a) 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
➢ First offense - fine of One thousand pesos (1,000.00) and community service of
twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar
➢ Second offense - be punished by arresto menor (6 to 10 days) or a fine of
Three thousand pesos (₱3,000.00);
➢ Third offense - be punished by arresto menor (11 to 30 days) and a fine of Ten
thousand pesos (₱10,000.00).
Specific Acts and Penalties for Gender-Based
Sexual Harassment in Streets and Public
Spaces
(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
➢ First offense - fine of Ten thousand pesos (₱10,000.00) and community service
➢ Second offense - arresto menor (11 to 30 days) or a fine of Fifteen thousand pesos
(₱15,000.00);
➢ Third offense - arresto mayor (1 month and 1 day to 6 months) and a fine of
Twenty thousand pesos (₱20,000.00).
Specific Acts and Penalties for Gender-Based
Sexual Harassment in Streets and Public
Spaces
(c) 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)
➢ First offense - arresto rnenor (11 to 30 days) or a line of Thirty thousand pesos
(₱30,000.00)
➢ Second offense - arresto mayor (1 month and 1 day to 6 months) or a fine of Fifty
thousand pesos (₱50,000.00);
➢ Third offense - arresto mayor in its maximum period or a fine of One hundred
thousand pesos (₱100,000.00).
Gender-Based Sexual Harassment in
the Workplace
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;
Gender-Based Sexual Harassment in
the Workplace
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.
Duties of Employers - Employers or other persons of
authority, influence or moral ascendancy in a workplace shall have
the duty to prevent, deter, or punish the performance of acts of
gender-based sexual harassment in the workplace. Towards this end,
the employer or person of authority, influence or moral ascendancy
shall:
a) Disseminate or post in a conspicuous place a copy of
this Act to all persons in the workplace;
b) Provide measures to prevent gender-based sexual
harassment in the workplace, such as the conduct of
anti-sexual harassment seminars;
Duties of Employers - Employers or other persons of
authority, influence or moral ascendancy in a workplace shall have
the duty to prevent, deter, or punish the performance of acts of
gender-based sexual harassment in the workplace. Towards this end,
the employer or person of authority, influence or moral ascendancy
shall:
c) Create an independent internal mechanism or a
committee on decorum and investigation to
investigate and address complaints of gender-based
sexual harassment which shall:
➢ Adequately represent the management, the employees from the supervisory
rank, the rank-and-file employees, and the union, if any;
➢ Designate a woman as its head and not less than half of its members should
be women;
➢ Be composed of members who should be impartial and not connected or
related to the alleged perpetrator;
➢ Investigate and decide on the complaints within ten (10) days or less upon
receipt thereof;
➢ Observe due process;
➢ Protect the complainant from retaliation; and
➢ Guarantee confidentiality to the greatest extent possible;
Duties of Employers - Employers or other persons of
authority, influence or moral ascendancy in a workplace shall have
the duty to prevent, deter, or punish the performance of acts of
gender-based sexual harassment in the workplace. Towards this end,
the employer or person of authority, influence or moral ascendancy
shall:
d) Provide and disseminate, in consultation with all
persons in the workplace, a code of conduct or
workplace policy which shall:
➢ Expressly reiterate the prohibition on gender-based sexual
harassment;
➢ Describe the procedures of the internal mechanism created
under Section 17(c) of this Act; and
➢ Set administrative penalties
Duties of Employees and Co-Workers
❑ Refrain from committing acts of gender-based
sexual harassment;
❑ Discourage the conduct of gander-based sexual
harassment in the workplace;
❑ Provide emotional or social support to fellow
employees, co-workers, colleagues or peers who are
victims of gender-based sexual harassment; and
❑ Report acts of gender-based sexual harassment
witnessed in the workplace.
Liability of Employers.
a) Non-implementation of their duties under Section 17 of this Act,
as provided in the penal provisions; or
b) Not taking action on reported acts of gender-based sexual
harassment committed in the workplace.
Any person who violates subsection (a) of this section, 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 person who violates subsection (b) of this section, 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).
Section 20. Routine Inspection. -The Department of Labor and
Employment (DOLE) for the private sector and the Civil Service Commission
(CSC) for the public sector shall conduct yearly spontaneous inspections to
ensure compliance of employers and employees with their obligations under
this Act.
Gender-Based Sexual Harassment in
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
The Committee on Decorum and Investigation
(CODI) of all educational institutions shall
address gender-based sexual harassment and
online sexual harassment in accordance with
the rules and procedures contained in their
CODI manual.
Duties of School Heads. - School heads
shall have the following duties:
a) Disseminate or post a copy of this Act in a
conspicuous place in the educational
institution;
b) Provide measures to prevent gender-based
sexual harassment in educational
institutions, like information campaigns;
Duties of School Heads. - School heads
shall have the following duties:
c) Create an independent internal mechanism
or a CODI to investigate and address
complaints of gender-based sexual
harassment which shall:
1) Adequately represent the school administration, the trainers, instructors,
professors or coaches and students or trainees, students and parents, as
the case may be;
2) Designate a woman as its head and not less than half of its members
should be women;
3) Ensure equal representation of persons of diverse sexual orientation,
identity and/or expression, in the CODI as far as practicable;
4) Be composed of members who should be impartial and not connected or
related to the alleged perpetrator;
5) Investigate and decide on complaints within ten (10) days or less upon
receipt, thereof;
6) Observe due process;
7) Protect the complainant from retaliation; and
8) Guarantee confidentiality to the greatest extent possible.
Duties of School Heads. - School heads
shall have the following duties:
d) Provide and disseminate, in consultation
with all persons in the educational
institution, a code of conduct or school
policy which shall:
1) Expressly reiterate the prohibition on gender-
based sexual harassment;
2) Prescribe the procedures of the internal
mechanism created under this Act; and
3) Set administrative penalties.
