Republic Act No.

11313: Safe
Spaces Act (Bawal Bastos Law)
What does the Safe Spaces Act cover?
The law covers all forms of gender-based sexual harassment (GBSH) committed in public spaces, educational
or training institutions, workplace, as well as online space.

Gender-based Streets and Public Spaces Sexual Harassment

GBSH in street and public spaces is defined as acts which are committed through any unwanted and uninvited
sexual actions or remarks against any person regardless of the motive for committing such action or remarks. 
What do public spaces refer to under this law?
What are the acts of gender-based sexual harassment (GBSH) in public
spaces?
a. Catcalling or unwanted remarks directed towards a person, commonly done in the form of
wolf- whistling (paninipol), misogynistic, transphobic, homophobic, and sexist slurs, as well as
unwanted invitations;
 Sexist remarks or slurs-statements that are indicative of prejudice, stereotyping, or
discrimination on the basis of sex, typically against women 
 Homophobic remarks are indicative of fear, hatred or aversion towards persons who are
perceived to be or actually identify as lesbian, gay, bisexual, queer, pansexual and such other
persons of diverse sexual orientation, gender identity or expression, or towards any person
perceived to or actually have experienced same-sex attraction.
 Misogynistic remarks or slurs- statements that are indicative of the feeling of hating women
or the belief that men are inherently better than women
 Transphobic remarks or slurs-statements that are indicative of fear, hatred or aversion
towards persons whose gender identity and/or expression do not conform with their sex
assigned at birth. 
b. Persistent uninvited comments or gestures on a person’s appearance;
c. Relentless requests for personal details;
d. Statement of sexual comments and suggestions;
e. Public masturbation or flashing of private parts, groping, making offensive body gestures at
someone, and other similar lewd sexual actions;
f. Any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of
personal space and physical safety. This may include cursing, leering and intrusive gazing, and
taunting;
g. Persistent telling of sexual jokes, use of sexual names; and
h. Stalking or 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.
What are the penalties for GBSH in public spaces?
Penalties vary according to the act of GBSH committed and how often a person was convicted for
violating the laws.
Local government units may come up with ordinances that impose heavier penalties for the acts
specified in the Safe Spaces Act, subject to the conditions set under the Administrative Code.
.
Additional penalties if the perpetrator is the driver or operator of a PUV:

>Cancellation of license of the driver by the Land Transportation Office (LTO)

>Suspension or revocation of franchise by the Land Transportation Franchising and

Regulatory Board (LTFRB). This sanction may be imposed upon order by the proper court OR
upon order of LTO/LTFRB in an administrative proceeding.

PUVs include motor vehicles considered as public transport conveyance or common carrier duly
registered with the LTO and granted a franchise by the LTFRB including special PUVs such as
school services. PUV also includes public water transport utilities and air carrier or operator as
registered with and/or regulated by the Maritime Industry Authority, the Civil Aviation Authority of
the Philippines, or the Civil Aeronautics Board.
 What are the roles of Local Government Units in
Implementing anti-GBSH in streets and public spaces?

Under the law and its Implementing Rules and Regulations, LGUs shall have the following
duties to address GBSH in public spaces; 
a. Pass an ordinance to localize the law within sixty (60) days from its effectivity;  
b. Disseminate or post in conspicuous places a copy of the law and the corresponding ordinance; The
LGUs may come up with information, education, and communication (IEC) materials which may be
in their respective languages; 
c. Provide measures to prevent GBSH in educational institutions, such as information campaigns and
anti-sexual harassment seminars;
d. Discourage GBSH and impose fines on acts of gender-based sexual harassment as defined in the
law;
e. Establish an anti-sexual harassment hotline where personnel assigned to attend the hotline
knowledgeable on GBSH and the forms of assistance made available by the LGU; 
f. Coordinate with the DILG in implementing the law.

g. Establish a referral system for complainants of GBSH in streets and public spaces. This may
form part of an existing referral system for complainants of other forms of gender-based violence;

h. Provide training on the law for the Punong Barangay and members of the Lupong
Tagapamayapa in cases covered by the Katarungang Pambarangay system, for traffic enforcers
under their jurisdiction, and adopt training modules for concerned LGU personnel down to the
barangay level;

i. Set up Anti-Sexual Harassment (ASH) desks in all barangay, city and municipal halls, preferably
staffed by a woman. VAW Desks may also serve as the ASH desks and the same shall be
strengthened, following the guidelines to be set by the DILG; and

j. Create a mechanism for handling and documentation of complaints including those in cases
covered by the 1st & 2nd offenders of “Verbal” GBSH (Implementing Rules and Regulation)
Where can victims of GBSH in street and
public spaces seek assistance?
 Gender-Based Online Sexual Harassment

Gender-based Online Sexual Harassment includes acts that use information and
communications technology in terrorizing and intimidating victims through:
 threats (physical, psychological, and emotional), unwanted sexual misogynistic, transphobic,
homophobic and sexist remarks and comments online whether publicly or through direct and
private   messages;
 invasion of the 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.
 
 What is cyberstalking?

Cyberstalking is a form by stalking that is committed through an

electronic medium in which online communication takes place. To constitute
an offense, the conduct must be manifested through the (repeated) use of
electronic communications in stalking.

 “Stalking” an online profile which is publicly accessible in itself does not

constitute an offense.
 What are the penalties for online gender-based
sexual harassment?

The penalty of online GBSH violation is prision correctional in its medium period imprisonment
of six (6) months and one (1) day to two (2) years and four (4) months] or a fine of not less
than one hundred thousand pesos (PHP 100,000.00) but not more than five hundred
thousand pesos (PHP 500,000.00), or both, at the discretion of the court.
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 (foreigner) who commits gender-based online sexual harassment shall be subjected to
deportation proceedings after serving sentence and payment of fines.
Where can a victim of online gender-based sexual
harassment file a complaint?

 The victim can file a complaint directly with the National Bureau of
Investigation through its Cybercrime Division, the Philippine
National Police Anti-Cybercrime Group, or the Office of the
Cybercrime of the Department of Justice.
 Practical tips in saving digital evidence and
online report.

 Take note of the Uniform Resource Locator (URL) or the web address of
the website or social media account of the perpetrator 
 Make a printout of the content being complained of by opening a browser
(Google Chrome, Mozilla Firefox, etc.) on a laptop or desktop, going to the
pertinent account/page, and print the said webpage.
 Contact authorities via PNP’s Anti-Cybercrime Group e-complaint desk at 
https://acg.pnp.gov.ph/eComplaint/ or through their complaint action
centers.
 Gender-Based Sexual Harassment in
Workplaces
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.
 Is Sexual Harassment between peers or by a
subordinate to a superior now covered under this
law?

 Yes. The first law to penalize sexual harassment, Anti-Sexual Harassment Act of 1995
(Republic Act No. 7877) recognized that sexual harassment occurs in work, education, and
training environments. However, it requires the existence of authority, influence or moral
ascendancy between the offender and the offended party. It did not specifically address the
issue of “hostile environment” resulting from sexual harassment between peers or co-
employees, or those committed against a superior. The Safe Spaces Act addresses these
gaps by recognizing that sexual harassment can be committed between peers, or by a
subordinate to a superior officer.
What can a victim of workplace GBSH do?
The victim can file an administrative complaint with the Committee on Decorum and Investigation and/or file a
civil and/or criminal case before the courts.
What are the responsibilities of employers under the Safe Spaces Act?
Under the Safe Spaces Act, employers must:
a. disseminate or post in a conspicuous place a copy of the law to all persons in the workplace;
b. provide measures to prevent GBSH in the workplace, such as the conduct of anti-sexual harassment seminars;
c. create an independent internal mechanism or a committee on decorum and investigation (CODI) to investigate and
address complaints of gender-based sexual harassment;
d. develop and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy which
shall:
e. Expressly reiterate the prohibition on gender-based sexual harassment;
f. Describe the procedures of the internal mechanism;
g. Set administrative penalties.

The Code of Conduct to be developed by the employer may provide for penalties to be imposed on members of
the CODI in cases of non-performance or inadequate performance of functions –Sec. 32. Development of Code
of Conduct, RA 11313 IRR
 The CODI to be established by the employer
should:

1. Adequately represent the management, the employees from the supervisory rank, the rank-and-file
employees, and the union/s or employee’s association if any;
2. Designate a woman as its head and not less than half of its members should be women;
3. Be composed of members who should be impartial and not connected or related to the alleged
perpetrator;
4. Investigate and decide on the complaints within ten (10) days or less upon receipt thereof;
5. Observe due process;
6. Protect the complainant from retaliation without causing her/him any disadvantage, diminution of
benefits or displacement without compromising his/her security of tenure; and 
7. Guarantee gender-sensitive handling of cases, and confidentiality to the greatest extent possible;
 
What are the penalties for the employers?
 Gender-Based Sexual Harassment in
Educational and Training Institutions

What are the duties of heads of educational and training institutions

under the Safe Spaces Act?
The same requirements and corresponding penalties imposable upon employers are
also applicable to heads of educational and training institutions. So these heads are also
required to disseminate the law, develop their own Code of Conduct and establish and/or
update the composition of the CODI. Note that these heads have to harmonize the CODI
for their employees and for their students.
In addition to such duties, it also requires them to:
1. Designate an officer-in-charge to receive complaints regarding violations of the law and
forward them to the CODI;
2. Impose administrative disciplinary measures for students who commit acts of GBSH against
their fellow students or teachers;
3. If a school knows or reasonably should know about acts of gender-based sexual harassment
or sexual violence being committed that creates a hostile environment, the school must
take immediate action to eliminate the same acts, prevent their recurrence, and address their
effects;
4. Educate students from the elementary to tertiary level about the provisions of the law and
how they can report cases of gender-based streets, public spaces and online sexual
harassment committed against them.

School heads and heads of training institutions covered by the Commission on Higher
Education (CHED), Department of Education (DepED), and Technical Education and Skills
Development Authority (TESDA) shall comply with the standards set by the said agencies.
 The CODI to be established by the education and
training institution should:

1. Be composed of representatives from 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. Be composed of members who should be impartial and not connected or related to the alleged
perpetrator;
4. Investigate and decide on the complaints within ten (10) days or less upon receipt thereof;
5. observe due process;
6. Protect the complainant from retaliation without causing her/him any disadvantage, diminution of
benefits, or displacement, and without compromising his/her security of tenure; and
7. Guarantee gender-sensitive handling of cases, and confidentiality to the greatest extent possible.
 What are the penalties for GBSH in education and
training institutions under SSA?

Note: Minor students who are found to commit GBSH shall be held liable for administrative sanctions by the
school, as provided in their student handbook.
 Other Salient Features
Restraining Order
 
Where appropriate, the court, even before rendering a final decision, may issue an order directing the perpetrator to stay away
from the offended person at a distance specified by the court or to stay away from the residence, school, place of employment,
or any specified place frequented  by the offended person.
Psychological and Counseling Services
A victim of GBSH may avail of appropriate remedies as provided for under the law as well as psychological counseling
services with the aid of the LGU and the DSWD (in coordination with the DOH).  Any fees to be charged in the course of a
victim’s availment of such remedies or psychological counseling services and other services in consonance with R.A. No. 11036
or the Philippine Mental Health Law shall be borne by the perpetrator.
LGUs and concerned agencies may partner with private entities in the provision of psychological counseling services and
other related processes such as the development of a referral system. In all instances, any fees that may be charged or incurred
in the course of the counseling shall be borne by the perpetrator.

 
 
Exemptions

Acts that are legitimate expressions of indigenous culture and tradition, as well as
breastfeeding in public shall not be penalized under the SSA.
Expressions of indigenous culture and tradition include, among others, the wearing of
traditional attires of tribes or clans that may show partial nudity. Provided that, such
expressions of indigenous culture and tradition do not discriminate against women, girls,
and persons of diverse sexual orientation, gender identity, and expression.
Confidentiality
The RA 11313 requires that at any stage of the investigation, prosecution, and trial
of an offense under RA 11313, the rights of victim and the accused who is a minor shall
be recognized. 

The law requires that confidentiality should be observed at all times by employers
and heads of schools and training institutions in complaints to GBSH in their institutions.
 
THANK YOU
&
GOD BLESS 