SAFE SPACES ACT
Republic Act No. 11313
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-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 of Privately-Owned Places open to the Public:
Assistance to victim of gender-based sexual harassment
Coordinating with local police authorities
CCTV footage
Clear- visible warning sign
Hotline number in bold letters
Designate at least one (1) anti-sexual harassment officer
Security guard in these place may be deputized
Utility vehicles
Suspend or revoke the franchise of transportation operators
In case the offense is committed by a minor, the Department od Social Welfare and Development (DSWD) shall take
the 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 - a 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 - punished by arresto menor (6 to 10 days) or a fine of Three thousand pesos (₱3,000.00)
third offense - 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 - 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.
Second Offense - punished by arresto menor (11 to 30 days) or a fine of Fifteen thousand pesos
(₱15,000.00)
Third Offense - punished by 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 - 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
Second Offense - punished by arresto mayor (1 month and 1 day to 6 months) or a fine of Fifty
thousand pesos (₱50,000.00)
Third Offense - punished by 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
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
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).
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 and faculty members.
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
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
(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
(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.
