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REPUBLIC ACT

NO. 11313
Safe Space Act
by Group 3
Section 2: Declaration of Policies
Dignity and Rights: • Gender Equality:

-The State values the - Recognizes women’s role


dignity of every human in nation-building.
person and guarantees full - Ensures the fundamental
respect for human rights. equality of women and men
before the law.
Key Commitments
- Equality, security, and safety for both men and
women in:
- Private spaces
- Streets and public spaces
- Online platforms
- Workplaces
- Educational and training institutions
Section 3: Definition of terms
Catcalling: Unwanted remarks, such as wolf-
whistling and slurs, that are sexist, misogynistic,
transphobic, or homophobic.

Employee: Anyone working under the control of


another, regardless of the type or duration of the
agreement, including subcontracted or seconded
workers.
Employer: A person exercising control
over an employee, regardless of the
employment status or conditions.

Gender: Socially ascribed roles, behaviors,


norms, and relations between men and
women.
Gender-based online sexual harassment: Online acts
causing emotional distress or fear, such as unwanted
comments, threats, sharing photos without consent, cyber
stalking, and identity theft.

Gender identity and/or expression: A person’s self-


identified gender, including transgender individuals
whose identity may differ from their physiological
sex.
Public spaces: Includes streets, parks, public
transport, malls, government offices, and other
recreational spaces accessible to the public.

Stalking: Repeated actions causing fear or


emotional distress, such as persistent proximity
or communication without consent.
Section 4: Gender-Based Streets and
Public Spaces Sexual Harassment
Introduction Overview:

Explanation of gender-based street and public


spaces sexual harassment

Key Point: Unwanted and uninvited sexual


actions or remarks committed in public spaces
Definition of Gender-Based Street and Public Spaces Sexual
Harassment
Main Concept: Any unwanted sexual actions or remarks
regardless of motive

Examples of Behavior:
Catcalling, Wolf-whistling, Unwanted invitations or gestures
Misogynistic, transphobic, homophobic, and sexist slurs
Forms of Gender-Based Sexual Harassment
Verbal Harassment: Persistent comments about appearance, Sexual
comments and suggestions
Relentless requests for personal details
Physical Harassment: Groping, Public masturbation or flashing, Uninvited
advances (physical or verbal)

Public Spaces Affected


Common Locations:Alleys, roads, sidewalks, parks, Buildings,
schools, churches, malls, restaurants.
Public transport (buses, trains, taxis)
Public washrooms, markets, bars, internet shops.
Section 5: Gender-Based Sexual
Harassment in Privately-Owned Public
Places
Introduction Overview: Focus on gender-based sexual
harassment in privately-owned public spaces
(restaurants, bars, cinemas, malls, etc.)

Key Point: The importance of zero-tolerance policies and


actions by these establishments to combat harassment
Zero-Tolerance Policy Against Sexual Harassment
Policy Overview: Restaurants, bars, cinemas, and other privately-owned
places must adopt a zero-tolerance approach to gender-based sexual
harassment.
Key Action: Immediate coordination with local police authorities when
harassment is reported.

Responsibilities of Establishments
Actions for Establishments: Provide assistance to victims by reporting
incidents to the authorities,Make CCTV footage available when ordered by
the court, Create a safe, gender-sensitive environment for victims,
Encourage reporting of incidents as soon as they occur
Section 6 Section 7
Drivers committing gender- Minors committing
based sexual harassment in gender-based sexual
PUVs face penalties, including harassment will be
license cancellation, while
operators may lose their
disciplined by the DSWD
franchise. Such acts also under the Juvenile
presume negligence by the Justice and Welfare
operator, making them jointly Act of 2006.
liable.
section 11: Gender-Based Sexual
Harassment in Public Spaces
Overview of Penalties for Unlawful Acts in Public Spaces

Acts covered: Verbal harassment, lewd actions, stalking,


physical contact

Penalties: Fines, imprisonment, community service, and


mandatory seminars
Verbal Harassment

Examples: Catcalling, slurs, unwanted comments

1st Offense: ₱1,000 fine + 12 hrs community service +


Gender Sensitivity Seminar

2nd Offense: 6-10 days jail or ₱3,000 fine

3rd Offense: 11-30 days jail + ₱10,000 fine


Lewd Actions
Examples: Flashing, groping, public masturbation

1st Offense: ₱10,000 fine + 12 hrs community service + Gender


Sensitivity Seminar

2nd Offense: 11-30 days jail or ₱15,000 fine

3rd Offense: 1-6 months jail + ₱20,000 fine


Physical Contact & Stalking

Examples: Unwanted touching, pinching, brushing

1st Offense: 11-30 days jail or ₱30,000 fine + Gender


Sensitivity Seminar

2nd Offense: 1-6 months jail or ₱50,000 fine

3rd Offense: 1-6 months max jail or ₱100,000 fine


Section 12 - Gender-Based Online Sexual
Harassment
Acts using information and communication technology to
intimidate and terrorize victims through:

Physical, psychological, emotional threats


Misogynistic, transphobic, homophobic, and sexist
remarks
Cyberstalking, privacy invasion, and unsolicited
messaging
Types of Gender-Based Online Harassment

Unwanted Remarks: Sexual, misogynistic, or discriminatory


comments online

Privacy Violations: Cyberstalking, incessant messaging, and


unauthorized sharing of media

Reputation Damage: Impersonation, false reports, and


spreading lies about victims
Section 14: Penalties for Gender-Based Online
Sexual Harassment
Penalties for Individuals

Main Points:
Penalty: Prisión correccional (medium period) or fine of ₱100,000 to ₱500,000

Court discretion: May impose both imprisonment and fine

Penalties for Juridical Persons

Key Provisions: Automatic revocation of license or franchise

Liable individuals: Officers of the organization,Editors/reporters (print


media),Station managers, editors, broadcasters (broadcast media)
Penalties for Aliens

Deportation proceedings after serving sentence and paying fines

Exceptions:

Authorized Court Orders:


Use of online records as evidence permitted only if:
Written application is submitted, Examination under oath of applicant and
witnesses, Reasonable grounds to believe the crime was or is about to be
committed,Evidence is essential for conviction or prevention of the crime
Inadmissibility of Certain Records

-Any record, photo, or video in violation of these


provisions:

-Cannot be used as evidence in judicial, legislative, or


administrative proceedings
Title: Section 15: Qualified Gender-Based
Streets, Public Spaces, and Online Sexual
Harassment
Penalty next higher in degree applies under certain
aggravating circumstances

Circumstances for Higher Penalties (1/2)

Scenarios:
(a) In common carriers or public utility vehicles (PUVs): Includes
jeepneys, taxis, tricycles, app-based vehicles
Perpetrator is the driver, offended party is a passenger

(b) If offended party is: A minor, senior citizen, or person with


disability (PWD)
A breastfeeding mother nursing her child
Circumstances for Higher Penalties (2/2)

Scenarios:

(c) If offended party has a mental problem impairing consent

(d) Perpetrator is a uniformed services member (e.g., PNP, AFP): Act


committed while in uniform

(e) Act occurs in government agency premises offering frontline


services: Perpetrator is a government employee
Section 16: Gender-Based Sexual
Harassment in the Workplace
Definition of the Crime

Paragraph (a): Acts of Sexual Nature


Includes: Unwelcome sexual advances, requests for
sexual favors, or acts of a sexual nature.
Methods: Verbal, physical, text messaging, email, or
other communication systems.
Impact: Affects employment conditions, job
performance, or opportunities negatively.
Offense Against Dignity

Paragraph (b): Conduct Affecting Dignity


Definition: Unwelcome, unreasonable, and
offensive acts of a sexual nature.
Methods: Can be verbal, physical, or through
technology (e.g., texts, emails).
Impact: Offends the recipient's dignity.
Hostile Environment

Paragraph (c): Intimidation and Hostility


Definition: Pervasive, unwelcome conduct creating
an intimidating, hostile, or humiliating environment.
Applicability: Includes harassment by peers,
subordinates to superiors, students to teachers,
or trainees to trainers.
Technology's Role in Harassment

Paragraph (d): Information and Communication


Systems

Definition: Systems used to send, receive, or store


electronic data (e.g., emails, messaging apps).

Examples: Includes computers, devices, and


procedures used for data storage or communication.
Section 19. Liability of
Employers
In addition to liabilities for committing acts of
gender-based sexual harassment, employers may
also be held responsible for.
Section 21: Gender-Based Sexual
Harassment in Educational and
Training Institutions
Educational institutions should address gender-
based sexual harassment by appointing an officer
to handle complaints and ensuring a gender-
sensitive, respectful environment for victims.
Section 23: Liability
of School Head
Principals, teachers, and school authorities can face
punishment for:

-Not following Section 22 rules.


-Ignoring complaints about gender-based sexual
harassment.

Penalties:
Non-compliance with rules: Fine of ₱5,000 to ₱10,000.
Ignoring complaints: Fine of ₱10,000 to ₱15,000.
Section 24: Liability
of Students
Minors who commit gender-based sexual
harassment:
• Not legally punished.
• Subject to school disciplinary actions
based on the school handbook.
Section 31:
Exemptions
Acts that are legitimate expressions of
indigenous culture and tradition, as well as
breastfeeding in public shall not be
penalized.
Section 32: PNP Women
and Children’s Desks
The women and children’s desks now existing in all police
stations shall act on and attend to all complaints covered
under this Act. They shall coordinate with ASHE officers on
the street, security guards in privately-owned spaces open to
the public, and anti-sexual harassment officers in government
and private offices or schools in the enforcement of the
provisions of this Act.
Section 36: Prescriptive
Period
Overview of Prescriptive Period for Violations:

1. Offenses under Section 11(a): Prescribes in 1 year

2. Offenses under Section 11(b): Prescribes in 3 years

3. Offenses under Section 11(c): Prescribes in 10 years

4. Offenses under Section 12: Imprescriptible (no time limit)

5. Offenses under Sections 16 & 21: Prescribes in 5 years


Does Anyone Have
A Question?MACURO RAY
TUBAG SA
QUESTION NINYO
Thank
You

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