April has been devoted to and dubbed as SAAM or Sexual Assault Awareness Month.

It
is an annual campaign to raise public awareness about sexual assault and educate
communities and individuals on how to prevent sexual violence. For this very reason, we
are going to talk about RA 11313 otherwise known as the Safe Spaces Act.

Before we begin, I would like to state that our topic today may be sensitive for our
young/minor listeners. Parental guidance is advised.

1. What is the “Safe Spaces Act”?

- In April 2019, President Rodrigo Duterte signed into law Republic Act No.
11313 An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces,
Online, Workplaces, and Educational or Training Institutions, Providing Protective
Measures and Prescribing Penalties Therefor (known simply as the “Safe Spaces Act”)
(aka Bawal Bastos Law or Anti-Bastos Law) with the aim of ensuring the equality,
security, and safety of every individual, in both private and public spaces, including
online and in workplaces. So, we are actually celebrating the second year of Safe Spaces
Act.

- This law is meant to widen the scope of what is considered sexual harassment
and placing safeguards against it.

- Gender-based Sexual Harassment is a form of Gender-based Violence or GBV.

2. What does gender-based violence (GBV) mean?

- Gender-based violence is violence directed against someone on the basis of

their gender or sex, which results in physical, sexual or psychological harm. These acts
violate an individual’s human rights.

- It is commonly perpetrated by men against women. However, men can also be

a victim of Gender Violence.

- Here, RA 11313 focuses gender-based violence which results in sexual harm or

what is commonly know as sexual harassment.

3. Why do we need this law when there already is an existing law against sexual
harassment?

Before the enactment of the safe spaces act, the only law that tackled sexual
harassment is the Republic Act 7877 or the Anti-Sexual Harassment Act of 1995.
However, this law is very limited in scope as it only punishes sexual harassment
committed in employment, education or training environment, and for other purposes
committed by very specific persons. Quoting Section 3 of RA 7877, sexual harassment in
this law is defined as:

SECTION 3. Work, Education or Training -Related, Sexual Harassment

Defined. – Work, education or training-related sexual harassment is committed
by an employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person who, having authority,
influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from
the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.
 Essentially, only persons in authority could be charged as offenders. There are no
provisions for harassment by subordinates or peers.

(Now, anyone can be an offender).

In contrast, sexual harassment as embodied in the safe spaces act is not confined
to being only committed by a senior, boss or a person having the authority or moral
ascendancy in the workplace or educational and training institution but also by any
person public spaces and online. Also, the safe spaces act does not limit the acts
considered as sexual harassment a pre-condition to remain employed or to get a passing
grade. Rather, it punishes acts of sexual harassment against anyone, men, women, and
other persons who choose to identify as non-binary whether it involves a condition or
not.

Further, the Anti-Sexual Harassment Law has the primary element of “moral
ascendancy” (in law, refer to a position of authority that can be abused, usually an
aggravating circumstance in cases of sexual coercion.. 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 Safe Spaces Act, 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 RA 11313.

Further, The Safe Spaces Act covers even sexist, homophobic, and transphobic
remarks. That means you can file a case against someone who says something like, "Ang
mga bakla, pang-parlor lang dapat 'yan eh. (Gay men belong to hair salons.)"

It is important to note that the new law does not supersede the original Anti-
Sexual Harassment Act. If someone’s offense qualifies under both the Safe Spaces and
Anti-Sexual Harassment acts, they can be charged for counts under both laws. Offenses
can also intersect other laws like the Anti-Violence Against Women and Children Act.

4. What is considered “bastos” under RA 11313?

- First, let us determine ‘how’ bastos is used in a given context.

- It can be translated into any of the following words:
- discourteous
- rude
- impolite
- vulgar
- uncouth
- disrespectful
- Generally, all those acts, words, remarks directed towards
another person tainted with SEXUAL undertones/innuendos.

5. What are the different kinds of acts punishable under the “Safe Spaces Act”?

(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

Before, the law was enacted, an offense could be committed only in a workplace,
educational, or training environment. In sexual harassment in streets and public spaces,
it is committed “through any unwanted and uninvited sexual actions or remarks against
any person regardless of motive for committing such actions or remarks”

6. Who are covered under the “Safe Spaces Act”?

- 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.

7. What are some of the specific acts punishable under the “Safe Spaces Act”?

(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

8. Question: 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.

9. What covers “public spaces”?

- We have to remember the title of the Act, that is An Act Defining Gender-
Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and
Educational or Training Institutions, Providing Protective Measures and Prescribing
Penalties Therefor. Clearly, it covers public places. So what covers “public places”?

(a) Streets and alleys

(b) public parks

(c) schools

(d) buildings

(e) malls

(f) bars

(g) restaurants

(h) transportation terminals

(i) public markets

(j) spaces used as evacuation centers

(k) government offices

(l) public utility vehicles

(m) private vehicles covered by app-based transport network services (like Grab)

(n) Other recreational spaces such as, but not limited to, cinema halls, theaters, and
spas.

We have to understand that public spaces covers establishments that are privately
owned but are open to the public. So, when acts are committed in violation of RA
11313, the owners of these private establishments bears some responsibilities.

Despite these physical spaces specified under the law, safe spaces “follow persons”.
Whether you are in a private or public space, you have a safe, inviolable space around
your body that can only be encroached with your consent, regardless whether or not it
was done online or offline.

10. What are the responsibilities of these establishments under the “Safe Spaces Act”?

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.

11. If the perpetrator is the driver of a public utility vehicle, the employer, owner,
operator will be held solidarily liable with the driver-perpetrator. Why?

The employer, owner or operator may be held solidarily liable (meaning,

the victim may file a case against the either the driver-perpetrator OR
the employer, owner or operator). 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.

12. 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 (hatred or prejudice against women), transphobic

(hatred or prejudice against transexual or transgender people), homophobic (hatred
or prejudice against bisexual, lesbian and gay people) 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.

13. What are the penalties for violation of the Safe Spaces Act?

Depending on the frequency and nature of the offense, the following are the penalties
thay 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

Now, violation of this Act may be qualified. 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.

Now, what will happen if the offense is considered QUALIFIED?

The penalty next higher in degree will be applied.

14. 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.

15. 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.

16. What are the exempted acts under the Safe Spaces Act?

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.