BAWAL

BASTOS!!!
A Webinar on
REPUBLIC ACT NO. 11313 or the
“SAFE SPACES ACT OF 2018”
Declaration of Policy
• TO VALUE THE DIGNITY OF EVERY HUMAN PERSON
• GUARANTEE FULL RESPECT FOR HUMAN RIGHTS
• RECOGNIZE THE ROLE OF WOMEN IN NATION-
BUILDING
• ENSURE FUNDAMENTAL EQUALITY BEFORE THE
LAW OF WOMEN AND MEN
• BOTH MEN AND WOMEN MUST HAVE EQUALITY,
SECURITY, AND SAFETY NOT ONLY IN PRIVATE, BUT
ALSO ON STREETS, PUBLIC SPACES, ONLINE,
WORKPLACES, AND EDUCATIONAL AND TRAINING
INSTITUTIONS
BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)
BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)
BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)
BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)
 DEFINITION OF TERMS
Catcalling
Refers to unwanted remarks directed towards a person,
commonly done in the form of wolf-whistling and

misogynistic,
transphobic,
homophobic, and
sexist slurs.

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

 DEFINITION OF TERMS
Gender
Refers to a set of
socially ascribed
characteristics, norms,
roles, attitudes, values,
and expectations
identifying the social
behavior of men and
women, and the
relations between them.

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

 DEFINITION OF TERMS
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, private vehicles covered by app-based transport
network services and other recreational spaces

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

 Forms of Sexual Harassment

1. GENDER-BASED STREETS AND

PUBLIC SPACES SEXUAL
HARASSMENT
2. GENDER-BASED ONLINE SEXUAL
HARASSMENT

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

 Forms of Sexual Harassment

3. GENDER-BASED SEXUAL
HARASSMENT IN THE WORKPLACE

4. GENDER-BASED SEXUAL
HARASSMENT IN EDUCATIONAL AND
TRAINING INSTITUTION

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT

How committed?

Through any unwanted and uninvited

sexual actions or remarks against any
person regardless of the motive for
committing such action or remarks.

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT
It includes:
1. Catcalling
2. Wolf-whistling
3. Unwanted Invitations
4. Misogynistic, transphobic, homophobic and sexist
slur
5. Persistent uninvited comments or gestures on
person’s appearance

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT
It includes:
6. Relentless requests for personal details
7. Statement of sexual comments and suggestions
8. Public masturbation
9. Flashing of private parts
10.Groping
11.Any other advances which are 1unwanted, 2has
threatened one’s sense of personal space and physical
safety, and 3committed in public spaces

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT
It may be perpetrated in:
1. Buildings
2. Schools
3. Restaurants
4. Malls
5. Public Washrooms
6. Bars
7. Internet Shops
8. Public markets
9. Transportation terminals
10. Public utility vehicles

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT

For public places and

privately-owned places
open to the Public

They should adopt ZERO-

TOLERANCE POLICY
against gender-based streets
and public spaces sexual
harassment.

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT

For public utility vehicles

If the perpetrator is the driver,

additional consequences
include revocation of license
and breach of contract of
carriage

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT
Penalty:
For acts such as cursing, wolf-whistling, catcalling, leering and
intrusive gazing, taunting, unwanted invitations, misogynistic,
transphobic, homophobic, and sexist slurs, persistent unwanted
comments on one’s appearance, relentless requests for one’s
personal details, use of words, gestures or actions that ridicule on
the basis of sex or gender, persistent telling of sexual jokes, use
of sexual names, comments, and demands, and any statement
which invades person’s personal space or sense of personal
safety, the penalties are:

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT

Penalty:
First Offense ₱1,000 Fine + 12 Hours Community Service &
Attendance to Gender Sensitivity Seminar
Second Offense Arresto Menor (6 to 10 days) or ₱3,000 Fine
Third Offense Arresto Menor (11 to 30 days) + ₱10,000 Fine

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT
Penalty:
For acts such as making offensive body gestures at someone,
flashing private parts for sexual gratification, of the offender,
public masturbations, groping, and other similar lewd designs,
the penalties are:

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT

Penalty:
First Offense ₱10,000 Fine + 12 Hours Community Service &
Attendance to Gender Sensitivity Seminar
Second Offense Arresto Menor (11 to 30 days) or ₱15,000 Fine
Third Offense Arresto Mayor (1 month and 1 day to 6 months) +
₱20,000 Fine

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT
Penalty:

For acts such as stalking and any of the abovementioned acts

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 abovementioned acts:

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT

Penalty:
First Offense Arresto Menor (11 to 30 days) or ₱30,000 Fine;
+Attendance to Gender Sensitivity Seminar
Second Offense Arresto Mayor (1 month and 1 day to 6 months) or
₱50,000 Fine
Third Offense Arresto Mayor (maximum period) or ₱100,000 Fine

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED ONLINE SEXUAL HARASSMENT

How committed?

Acts that use information

and communications
technology in terrorizing
and intimidating victims

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED ONLINE SEXUAL HARASSMENT
It can be through:
1. Physical, psychological, and emotional threats
2. Unwanted sexual misogynistic, transphobic, homophobic and
sexist remarks and comments online (whether public or
private messages)
3. Invasion of victim’s privacy through cyber stalking and
incessant messaging, uploading and sharing without consent
of the victim any form of media that contains photos, voice,
or video with sexual content
4. Any unauthorized recording and sharing of any of the
victim’s photos, videos or info online
5. Impersonating identities of victims online or posting lies
about victims to harm their reputation
6. Filing false abuse reports to online platforms to silence victims

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT

Penalty:
Natural Person Prision Correccional (medium period) or ₱100,000-
₱500,000 Fine, or both
Juridical Person License or Franchise shall be revoked.
Officers thereof shall be subject to penalties imposed
upon a natural person

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS, PUBLIC SPACES
AND ONLINE SEXUAL HARASSMENT CAN
BE QUALIFIED
This means that the penalty next higher in degree shall be
applied, in the following cases:
1. The act takes place in a PUV, where the offender is the
driver and victim is the passenger;
2. Offended party is a minor, senior citizen, or PWD or
breastfeeding mother nursing her child;
3. Offended party is diagnosed with mental problem;
4. Offender is a uniformed personnel while on duty;
5. Act takes place in the premises of a government agency
and offender is a government employee

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED SEXUAL HARASSMENT
IN THE WORKPLACE
How committed?

Acts/series of acts involving any unwelcome sexual

advances, requests or demand for sexual favors or
any act of sexual nature which has a detrimental
effect on the employment, education, job
performance or opportunities.
BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)
GENDER-BASED SEXUAL HARASSMENT
IN THE WORKPLACE
How committed?

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 physically, verbally or thru forms of
ICT
BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)
GENDER-BASED SEXUAL HARASSMENT
IN THE WORKPLACE
How committed?

Conduct which is unwelcome, pervasive and creates an

intimidating, hostile, humiliating environment for the
recipient, provided the gender-based SH can be committed
between peers, or to a superior officer by a subordinate, or to
a teacher by a student

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT

Penalty:
For non-implementation of of their duties, a fine of
₱5,000-₱10,000 upon conviction
Employers Fo not taking action on reported acts of gender-based
SH in the workplace, a fine of ₱10,000-₱15,000 upon
conviction

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED SEXUAL HARASSMENT
IN THE EDUCATIONAL/TRAINING INSTITUTION
How committed?
 Against one who is under the care, custody or supervision
of the offender;
 Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
 When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships,
or the payment of a stipend, allowance or other benefits,
privileges, or considerations; or

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED SEXUAL HARASSMENT
IN THE EDUCATIONAL/TRAINING INSTITUTION
How committed?
 When the sexual advances result in an intimidating, hostile
or offensive environment for the student, trainee or
apprentice.

Any person who directs or induces another to commit any act

of sexual harassment as herein defined, or who cooperates in
the commission thereof by another without which it would not
have been committed, shall also be held liable under this Act.

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED SEXUAL HARASSMENT
IN THE EDUCATIONAL/TRAINING INSTITUTION
Who are principally liable?

Gender-based sexual harassment in the educational

institution may be committed by principals, school
heads, teachers, instructors, professors, coaches,
trainers, or any person who has authority,
influence or moral ascendancy over another,
students, and trainees.

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED SEXUAL HARASSMENT
IN THE EDUCATIONAL/TRAINING INSTITUTION
What if the offender is a
student?
Minor students who are found to have committed
acts of GBSH shall be held liable only for
administrative sanctions by the school as stated in
their school handbook, without prejudice to the
right of the school to strip the diploma from the
perpetrator or issue an expulsion order..

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

DUTIES OF EDUCATIONAL
AND TRAINING INSTITUTIONS UNDER THE LAW

Designation of office or person to receive

complaints
An officer-in-charge must be designated to receive
complaints regarding violations of the law, and shall
ensure that victims are provided with a gender-
sensitive environment that is both respectful to the
victims’ needs and conducive to truth-telling

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

DUTIES OF EDUCATIONAL
AND TRAINING INSTITUTIONS UNDER THE LAW

Designation of office or person to receive

complaints
Upon receipt of the complaint, it shall be forwarded
to the CODI within 48 hours from receipt
therefrom.

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

DUTIES OF EDUCATIONAL
AND TRAINING INSTITUTIONS UNDER THE LAW

WITHIN 120 DAYS FROM

EFFECTIVITY OF THE IRR-
-- every education and training institution must
adopt and publish grievance procedures to facilitate
the filing of complaint by students, staff and faculty
member

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

DUTIES OF EDUCATIONAL
AND TRAINING INSTITUTIONS UNDER THE LAW

NOTE:

If an individual does not want to file a complaint or

does not request that the school take any action, the
school authorities should promptly investigate to
determine the veracity of the information or
knowledge of the acts of GBSH or sexual violence

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

GENDER-BASED STREETS AND PUBLIC SPACES
SEXUAL HARASSMENT

Penalty:
For non-implementation of of their duties, a fine of
₱5,000-₱10,000 upon conviction
Principals, School
Heads, Teachers, Fo not taking action on reported acts of gender-based
Instructors, SH in the workplace, a fine of ₱10,000-₱15,000 upon
Professors, conviction
Coaches, trainers
or any other
person who has
authority,
influence, or
moral ascendancy

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

Protections Accorded to the Victim of GBSH

1. Confidentiality
2. Restraining Order issued by the court
against the offender
3. Psychological Counselling

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)

 THANK YOU!

BAWAL BASTOS: A Webinar on SAFE SPACES ACT (RA 11313)