I. Republic Act No.

11313 or “The Safe Spaces Act”

Anti-Bastos Law
Addressing Gender-Based Sexual Harassment

II. Signed into law – April 2019

III. Addressing Gender-Based Sexual Harassment

(side note: It is a special law which seeks to eradicate all forms of sexual harassment by
recognizing that both men and women must have EQUALITY, SECURITY AND SAFETY not
only in private spaces)

IV. (side note: 88% of women aged 18-24 years old experienced sexual harassment in the
streets;
While wolf-whistling and catcalling are the more common cases, other forms of sexual
harassment include lascivious language, stalking, rubbing or touching, exhibitionism and
public masturbation

58% of these incidents take place on the streets and small alleys. They have also been
reported to happen in public vehicles, washrooms, schools and workplaces

V. RA NO. 7877: ANTI-SEXUAL HARASSMENT OF 1995

a. Committed by a person who, having AUTHORITY, INFLUENCE, OR MORAL ASCENDANCY
over another
b. In a WORK, EDUCATION OR TRAINING ENVIRONMENT
c. DEMANDS, REQUESTS, REQUIRES sexual favor as a condition in the hiring or in the
employment, or in granting said individual favorable compensation, terms, conditions,
promotions or privileges

(limit coverage, sexual harassment between those without moral ascendancy (peer to peer),
or those committed in public spaces such as public transport remains unchecked and
unregulated. With the aim of ensuring an individual’s sense of personal space and public
safety, Anti Bastos Law was passed.

VI. Anti Bastos Law extends protection against gender-based sexual harassment in public areas:
a. Streets
b. Privately-owned places open to the public (malls, etc)
c. Public utility vehicles
d. Cyberspace
VII. Any PERSON, not only women, but men and children are also protected.
(Side note: Safe spaces act recognizes that anyone can perpetuate sexual harassment and
anyone can be a victim of sexual harassment)

VIII. SALIENT FEATURES OF THE SAFE SPACES ACT

 Gender-based sexual harassment (Upholds the right to equality, security and safety of
all persons regardless of gender)
Expands the scope of Anti-Sexual Harassment Act of 1995
Strengthens the administrative mechanisms against sexual harassment in workplaces
and in educational and training institutions
Recognizes that sexual harassment can be committed between peers or by a
subordinate to a superior, by a student to a teacher or by a trainee to a trainer
Penalizes sexual harassment which also occurs in other environments such as public
spaces and online platforms
Outlines the additional duties and corresponding liabilities for employers and heads of
schools/training institutions
ST
IX. 1 DEGREE OFFENSES
Cursing, wolf-whistling, catcalling, leering and intrusive gazing
Taunting, cursing, 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
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 slur
Persistent telling of sexual jokes, use of sexual names, comments and demands
Any statement that has made an invasion on a one’s personal space

X. 1st DEGREE OFFENSES - PENALTIES

1st OFFENSE – Php1,000 fine + 12 hours community service with Gender Sensitivity
Seminar
2nd OFFENSE – 6 to 10 days imprisonment or Php3,000 fine
3rd OFFENSE – 11 to 30 days imprisonment + Php10,000 fine

XI. 2nd DEGREE OFFENSES

Making offensive body gestures at someone
Flashing of private parts, public masturbation, groping, and similar lewd sexual actions

2nd DEGREE OFFENSES - PENALTIES

1st OFFENSE – Php10,000 fine + 12 hours community service with Gender Sensitivity
Seminar
2nd OFFENSE – 11 to 30 days imprisonment or Php15,000 fine
3rd OFFENSE – 1 month and 1 day to 6 months imprisonment + Php20,000 fine

XII. 3rd DEGREE OFFENSES

Stalking
 Touching, pinching, or brushing against the genitalia, face, arms, anus, breasts, inner
thighs, butt, or any part of the victim’s body

3rd DEGREE OFFENSES - PENALTIES

1st OFFENSE – 11 to 30 days imprisonment or Php30,000 fine with Gender Sensitivity
Seminar
2nd OFFENSE – 1 month and 1 day to 6 months imprisonment or Php50,000 fine
3rd OFFENSE – 6 months imprisonment or Php10,000 fine

XIII. GENDER-BASED ONLINE SEXUAL HARASSMENT

Physical, psychological and emotion threats
Unwanted 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
Filing false abuse reports to online platforms to silence victims

PENALTIES
Prision correctional (6 months and 1 day to 6 years) or a fine of not less than
Php100,000 but not more than Php500,000

XIV. DUTIES OF EMPLOYERS

Disseminate or post in a conspicuous place a copy of Safe Spaces Act to all persons in
the workplace
Provide measures to prevent gender-based sexual harassment in the workplace such as
conduct of anti-sexual harassment seminars
Create an independent internal mechanism or committee on decorum and
investigation to investigate and address complaints of gender based sexual harassment

XV. LIABILITY OF EMPLOYERS

Non-implementation of their duties – not less than Php5,000 and not more than
Php10,000
Not taking action on reported acts – fine of not less than Php10,000 and not more than
Php15,000