SAFE SPACES
ACT “ANTI-
BASTOS LAW”
R. A 11313
SAFE SPACES ACT “ANTI-BASTOS LAW”
this fills the loopholes of R.A 7877 (Anti-Sexual
Harassment in the Philippines in 1995)
an upgrade of R. A 7877
the Act protects Filipinos from physical or online
sexual harassment (Abad, 2019).
this law recognizes that every man and woman in the
country have the right to equality, security, and safety in
online platforms and public spaces, including schools,
workplace, or even in the streets
WHAT IS A SAFE SPACE?
used to mean private property. When the 1995 law came out, safe spaces were expanded to
the public domain – legally described to be in work, educational facilities.
WHERE IS A SAFE SPACE?
P - Public
O - Online
W - Workplace
E – Educational Institutions; and
T – Training Institutions
WHAT ARE THE DIFFERENT KINDS OF ACTS
PUNISHABLE UNDER THE BAWAL BASTOS
LAW?
(1) Gender-Based Streets and Public Spaces Sexual Harassment
(2) Gender-Based Online Sexual Harassment
(3) Qualified Gender-Based Streets, Public Spaces and Online Sexual Harassment
(4) Gender-Based Sexual Harassment in the Workplace
(5) Gender-Based Sexual Harassment in Educational and Training Institutions
WHO ARE COVERED UNDER
THE BAWAL BASTOS LAW?
BOTH men and women are protected by this law.
This law has a more comprehensive coverage than
the Anti-Sexual Harassment Law.
Any act (sexual in nature) that has the tendency to
offend the feelings of the recipient can be held
punishable under this law.
WHAT ARE SOME OF THE SPECIFIC ACTS
PUNISHABLE UNDER THE BAWAL BASTOS
LAW?
(a) Catcalling – wolf-whistling (sipol), unwanted remarks with sexual innuendos
(b) Name calling – derogatory remarks that have the tendency to offend the other person (“bakla”, “tomboy”,
“pangit”, “pokpok”, etc.)
(c) Staring/Gazing at others – if the other person feels very uncomfortable and feels sexually harassed as a result
(d) Unwanted invitations / persistent unwanted invitations – with sexual innuendos
(e) Requesting for the name/contact number/address or other personal details of the recipient – with sexual innuendos
(f) Uploading or sharing pictures of another person in social media without the latter’s consent
(g) Taking a picture of a fellow passenger inside a jeepney, without the latter’s consent
(h) Masturbating or exposing private parts inside a jeepney
(i) Brushing of the shoulders or arms with another inside the MRT, and the other person feels harrassed/offended as a
result
(j) Persistent telling of sexual jokes
(k) Giving any statement that has made an invasion on a person’s personal space or threatens the person’s sense of
personal safety
IF I HAD NO INTENTION WHATSOEVER TO OFFEND THE
OTHER PERSON WHEN I GAVE THE “REMARK” OR DID
THE SPECIFIC “ACT”, CAN I RAISE THIS AS A DEFENSE?
The law does not take into consideration the
intention of the person doing the act. Intent of said
person is IRRELEVANT. What the law considers is
the feeling/reaction of the receiver of the said
remark/act. Good faith is not a defense.
WHAT ARE THE ACTS CONSIDERED AS
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;
(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 by a subordinate, or to a teacher by a student, or to a trainer by a
trainee.
HOW TO PROMOTE SAFE SPACE IN THE WORKPLACE?
• Promote dialogue – your background and perspective differences with your colleagues should be discuss freely or engage in a healthy debate with them instead of being silent
about it.
• Build trust – according to Stephen M. R. Covey in The SPEED of Trust: The One Thing That Changes Everything, the foundation of trust includes character, competence and
communications.
• Don’t be afraid of uncomfortable discussions – avoiding conflicts is not equal to solving problems. We have to learn how to converse in these uncomfortable issues without
being afraid of being ashamed or punished.
• Foster a gratitude practice – being grateful or practicing gratitude can positively impact our emotional, psychological, and physical attributes.
• Promote diversity and inclusion programming – organizations are encouraged to be initiative or proactive in promoting diversity and inclusivity.
• Go back to basics – uplift empathy in the workplace. Take time to reach out to your colleagues and show them that you care for them.
• Focus on freedom and individuality – everyone has the right to express themselves freely without being excluded or discriminated.
• Invest in leadership – Brad Federman of F&H Solutions Group suggested hiring people with good leadership skills – those who can listen and understand people.
• Focus on your mission – concentrate on your organization’s mission or purpose. It is crucial to make everyone feel and experience inclusivity and security in their workplace.
• Take a stand for the better – if your people are inharmonious, then it might create conflicts. Always aim for the better and that everyone deserves to prosper.
• Establish emotional connection – creating good relationships makes people feel appreciated, valued, and included.
• Start at the top – problems in the workplace should be resolved to avoid more troubles, thus, employers and employees have to eliminate its root cause.
• Build resilience skills – employers can teach their employees to be resilient. Being resilient, you can bounce back from your hurdles.
• Listen to the organization’s humanity – employers and employees are the backbones of a workplace. Both sides should listen, understand, and communicate with each other.
• Give them a safe place to talk – creating a safe space to talk can help the employers and employees to develop connections within the workplace or resolve issues that arise
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
GBSH VS. AS HARASSMENT
Does not concern about Requires quid pro
quid pro quo quo
Does not need to be a Almost always a
sexual favor sexual favor
Can be committed by Requires moral
anyone regardless of ascendancy
position and gender
WHAT IS THE DIFFERENCE BETWEEN ANTI-
SEXUAL HARASSMENT LAW AND BAWAL
BASTOS LAW?
Anti-Sexual Harassment Law has the primary element of “moral ascendancy”. If there are
sexual favors, sexual harassment, sexual innuendos committed by a person with moral
ascendancy over the other, (ex. between a boss and a subordinate, between a teacher and a
student, between an employer “amo” and a yaya), the Anti-Sexual Harassment Law will apply.
For the Bawal-Bastos law, the element of “moral ascendancy” is not considered. For example,
if the subordinate is the one who sexually harasses his/her boss, the subordinate can be held
liable under the Bawal-Bastos law. Sexual harassment can be committed between or by a
subordinate to a superior, by a student to a teacher, or by a trainee to a trainer.
WHAT ARE THE ACTS THAT MAY BE
CONSIDERED GENDER-BASED ONLINE
SEXUAL HARASSMENT?
(1) Those acts that use information and communications technology in terrorizing and intimidating victims
through physical, psychological, and emotional threats;
(2) unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online
whether publicly or through direct and private messages;
(3) invasion of victim’s privacy through cyberstalking and incessant messaging;
(4) uploading and sharing without the consent of the victim, any form of media that contains photo, voice,
or video with sexual content;
(5) any unauthorized recording and sharing of any of the victim’s photos, videos, or any information
online;
(6) impersonating identities of victims online;
(7) posting lies about victims to harm their reputation;
(8) filing false abuse reports to online platforms to silence victims.
WHAT ARE THE RESPONSIBILITIES OF THESE
ESTABLISHMENTS UNDER THE BAWAL BASTOS
LAW?
These establishments are obliged to provide assistance to victims of gender-based sexual harassment by :
(1) coordinating with local police authorities immediately after the incident is reported;
(2) making CCTV footage available when ordered by the court; and
(3) providing a safe gender-sensitive environment to encourage victims to report gender-based sexual harassment at
the first instance.
(4) All restaurants, bars, cinemas and other places of recreation shall:
(i) instill in their business establishments clearly-visible warning signs against gender-based public spaces sexual
harassment, including anti-sexual harassment hotline number in bold letters; and
(ii) designate at least one (1) anti-sexual harassment officer to receive gender-based sexual harassment complaints.
IF THE PERPETRATOR IS THE DRIVER OF A PUBLIC UTILITY
VEHICLE, THE EMPLOYER, OWNER, OPERATOR WILL BE
HELD SOLITARILY LIABLE WITH THE DRIVER-PERPETRATOR.
WHY?
The law presumes that there is negligence on the
part of the employer, owner or operator of the
vehicle with respect to the selection and
supervision of his/her employees because the
driver hired was NOT of good reputation.
WHAT ARE THE PENALTIES
FOR VIOLATION OF THE
BAWAL BASTOS LAW?
Depending on the frequency and nature of the offense, the following are the penalties that may be
imposed against the perpetrator under this law:
(i) Fine ranging from One Thousand Pesos (P1,000.00) up to Five Hundred Thousand Pesos
(P500,000.00)
(ii) Community Service of twelve (12) hours inclusive of attendance to a Gender Sensitivity
Seminar to be conducted by PNP in coordination with LGU and PCW.
(iii) Attendance in a Gender Sensitivity Seminar to be conducted by PNP in coordination with
LGU and PCW.
(iv) Imprisonment of arresto menor (6 to 10 days) up to prision correccional (6 months, 1 day, to
6 years)
(v) if the perpetrator is a juridical person, automatic revocation of license or franchise
(vi) if the perpetrator is an alien, he/she shall be subject to deportation proceedings after serving
sentence and payment of fines
WHEN IS THE GENDER-BASED STREETS,
PUBLIC SPACES AND ONLINE SEXUAL
HARASSMENT CONSIDERED AS QUALIFIED?
(a)If the act takes place in a common carrier or PUV, including but not limited to
jeepneys, taxis, tricycles, or app-based TNVS, where the perpetrator is the driver
of the vehicle, and the offended party is a passenger;
(b) If the offended party is a minor, a senior citizen, or a person with disability, or
a breastfeeding mother nursing her child;
(c) If the offended party is diagnosed with a mental problem tending to impair
consent;
(d) If the perpetrator is a member of the uniformed services, such as the PNP and
the AFP and the act was perpetrated while the perpetrator was in uniform; and
(e) If the act takes place in the premises of a government agency offering frontline
services to the public and the perpetrator is a government employee.
WHAT WILL HAPPEN IF THE
OFFENSE IS CONSIDERED
QUALIFIED?
The penalty next higher in degree will be applied.
WHAT HAPPENS IF THE
PERPETRATOR IS A MINOR
STUDENT?
Minor students who are found to have committed acts of gender-based sexual harassment in
educational and training institutions shall only be held liable for administrative sanctions by
the school as stated in their school handbook.
The educational institution may reserve the right to strip the diploma from the perpetrator or
issue an expulsion order.
WHAT ARE THE EXEMPTED
ACTS UNDER THE BAWAL
BASTOS LAW?
These acts shall NOT be penalized:
(1) Acts that are legitimate expressions of indigenous culture and tradition;
(2) Breastfeeding in public.
As you can see, any act, demeanor, or remark that has the tendency to offend, harass or
degrade a person may be punishable under the Bawal-Bastos law.
THIS SERVES AS A WARNING TO ALL. LET US OBSERVE COMMON COURTESY AT ALL
TIMES. KEEP IN MIND THAT SINCE WE NOW HAVE THIS LAW IN PLACE, YOUR ACT,
HOWEVER INNOCENT IT MAY BE TO YOU, CAN ALREADY BE OFFENSIVE TO OTHERS.
BE CAREFUL WHAT YOU SAY OR DO FROM NOW ON.
DURA LEX, SED LEX.
THE LAW MAY BE HARSH, BUT IT IS THE LAW.
