JAZKAREN CORPUZ

BS CRIMINOLOGY 4B

ILS HOLDS SAFE SPACES ACT WEBINAR

Published: 29 September 2022

Manila – The Institute for Labor Studies, through its Gender and Development Committee
(GAD), successfully held a Learning Session on the Safe Spaces Act or Republic Act No. 11313
(Bawal Bastos Law) last September 14 via the Zoom platform and broadcast live via the Official
ILS Facebook page.

“We must ensure that workplaces continue to be a safe space for workers where they are
respected, secure, and free of verbal, emotional, psychological, and physical harm. The Safe
Spaces Act serves as a mechanism to ensure that workers are physically and emotionally safe,
guaranteeing full respect for human rights,” highlights ILS Executive Director Ahmma Charisma
Lobrin-Satumba in her Opening Remarks.

The session was led and facilitated by Atty. Claire de Leon, from the Commission on Human
Rights. The event provided an overview of the Act, and discussed how the law can be observed
and amplified within workplaces. The webinar tackled the pertinent provisions covering all
forms of gender-based sexual harassment (GBSH) committed in public spaces, educational or
training institutions, workplace, and online space.

Preliminaries dealt with a discussion on the background and significance of the Act. It likewise
focused on the important definitions and LGBTQI inclusive provisions such as catcalling, slurs,
and remarks that are homophobic, misogynistic and transphobic.

Atty. de Leon also touched on various forms of gender-based harassment, which could be
perpetrated in places such as streets and public spaces, online spaces, workplace and in
educational and training Institutions.

This was followed by an Open Forum which was participated by all members of the audience.
Host Ms. Fameronag also served as the Moderator during the Q and A. GAD Chair Franchesca
Rose S. Castillo delivered the Closing Remarks on behalf of ILS Deputy Executive Director Atty.
Mary Grace L. Riguer-Teodosio. “Each and every one of us has role to make spaces safe for all
people, and we can also take a stand to empower others against gender-based violence and
sexual harassment to reinforce gender equality. Everyone has a responsibility to respect the
rights of other people. Everyone has a role to play in ending gender-based violence and sexual
harassment. Dahil lahat tayo ay may magagawa, dahil lahat ay makikinabang.”
Republic Act No. 11313 or “The Safe Spaces Act” - Addressing Gender-Based
Sexual Harassment
On April 17, 2019, the Safe Spaces Act, or previously the “Bawal Bastos” bill, was signed into
law.

With the aim of ensuring an individual’s sense of personal space and public safety, the Safe
Spaces Act addresses gender-based sexual harassment in public areas such as streets, privately-
owned places open to the public, and public utility vehicles, among others. It also extends the
protection even to cyberspace, and provides for prohibited acts and their corresponding
penalties. Below is a summary of the acts punished under the Safe Spaces Act and their
corresponding penalties:

Punishable Acts Penalty

(as further defined in RA No. 11313)
Gender-based sexual harassment in streets and First offense: fine of one thousand pesos (P1,000.00) and
public spaces: community service of twelve (12) hours inclusive of
attendance to a Gender Sensitivity Seminar
Cursing, wolf-whistling, catcalling, leering and
intrusive gazing, taunting, unwanted invitations, Second offense: arresto menor (6 to 10 days) or a fine of
misogynistic, transphobic, homophobic, and sexist three thousand pesos (P3,000.00)
slurs, persistent unwanted comments on one’s
appearance, relentless requests for one’s personal Third offense: arresto menor (11 to 30 days) or a fine of
details such as name, contact and social media ten thousand pesos (P10,000.00)
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
Gender-based sexual harassment in streets and First offense: fine of ten thousand pesos (P10,000.00) and
public spaces: community service of twelve (12) hours inclusive of
attendance to a Gender Sensitivity Seminar
Making offensive body gestures at someone,
exposing private parts for the sexual gratification of Second offense: arresto menor (11 to 30 days) or a fine of
the perpetrator with the effect of demeaning, fifteen thousand pesos (P15,000.00)
harassing, threatening or intimidating the offended
party including flashing of private parts, public Third offense: arresto mayor (1 month and 1 day to 6
masturbation, groping, and similar lewd sexual months) and a fine of twenty thousand pesos
actions (P20,000.00)
Gender-based sexual harassment in streets and First offense: arresto menor (11 to 30 days) or a fine of
public spaces: thirty thousand pesos (P30,000.00), provided that it
includes attendance in a Gender Sensitivity Seminar
Stalking, any of the acts mentioned in 11(a) or 11(b)
when accompanied by touching, pinching or Second offense: arresto mayor (1 month and 1 day) or a
brushing against the body of the offended person; fine of fifty thousand pesos (P50,000.00)
any touching, pinching, or brushing against the
genitalia, face, arms, anus, groin, breasts, inner Third offense: arresto mayor in its maximum period or a
thighs, buttocks or any part of the victim’s body fine of one hundred thousand pesos (P100,000.00)
even when not accompanied by acts mentioned in
11(a) and 11(b)
Gender-based online sexual harassment Prision correccional in its medium period or a fine of not
less than one hundred thousand pesos (P100,000.00) but
not more than five hundred thousand pesos
(P500,000.00), or both at the discretion of the court
Qualified gender-based sexual harassment Penalty next higher in degree
Gender-based sexual harassment in the workplace Administrative penalties as provided for by the
and educational or training institutions employer’s Committee on Decorum and Investigation,
and without prejudice to other applicable criminal
violations and penalties
Failure of employers or school heads to implement Fine of not less than five thousand pesos (P5,000.00) nor
their duties under the Safe Spaces Act (i.e. including more than ten thousand pesos (P10,000.00)
setting of administrative penalties to violations of
gender-based sexual harassment in the workplace)
Failure of employers or school heads to take action Fine of not less than ten thousand pesos (P10,000.00) nor
on reported acts of gender-based sexual more than fifteen thousand pesos (P15,000.00)
harassment committed in the workplace or in the
educational institution

Local government units are mandated to pass ordinances localizing the applicability of the Safe
Spaces Act. The Metro Manila Development Authority (MMDA), the Philippine National Police
(PNP), and the Women and Children’s Protection Desk (WCPD) of the PNP have been given the
task of apprehending violators of the law. With regard to online cases, the task falls on the Anti-
Cybercrime Group of the PNP (PNPACG).

In addition to penalizing acts of gender-based sexual harassment in public places, the Safe
Spaces Act also expands the 1995 Anti-Sexual Harassment Act. Formerly, sexual harassment
was only punished when committed by someone who has authority, influence, or moral
ascendancy over the victim. Under the Safe Spaces Act, acts committed between peers, by a
subordinate to a superior officer, by a student to a teacher, or by a trainee to a trainer are now
covered as punishable sexual harassment.
“Safe Spaces Act” Unravels in Schools

by: Evelyn Gapero

Wow seksi! Witwiw! Guys, beware of these words because you might end up in jail.
With the implementation of RA 11313 or the “Safe Spaces Act” which is also known
as the “Bawal Bastos Law”, people should watch out of their actions and the words
they utter. This is a policy of the state to value the dignity of every human person. It
also guarantees full respect for human rights and to recognize the role of women in
nation-building and to ensure equality among men and women. According to the
implementing guidelines of RA 11313, the state recognizes that both men and women
must have quality, security, and safety not only in private, but also on the streets,
public spaces, online, workspaces and educational training institutions. This law took
effect on September 3, 2019; however, many seem to be taking this law lightly, so,
some institutions and schools are inviting lawyers or proper authorities to discuss this
matter in their workplace. Some of these schools include Pines City National High
School.
As part of the gender and development or GAD activity, Pines City National High
School included Safe Spaces Act as part of the topics in the school in-service training.
It is in this topic where the audience were enlightened and were updated regarding
sexual harassment. Sexual harassment is no longer about a superior harassing his
female colleague who has a lower position. It already involves a wider scope where it
includes gender-based streets and public spaces sexual harassment where crimes are
committed through any unwanted and uninvited sexual actions or remarks against any
person regardless of the motive for committing such action or remarks. This now
poses a bigger responsibility to everyone to be careful with the words he/she utters
and to be careful in giving comments to others and even in social media. In addition,
gender-based online sexual harassment even has a greater punishment than physical
abuse because of the greater number of audience which can reach millions reactions
of viewers.

“BAWAL BASTOS” A webinar on Safe Spaces Act R.A No. 11313

Home2022January13“BAWAL BASTOS” A webinar on Safe Spaces Act R.A No. 11313

In celebration of the 18-Day Campaign to End VAW, a webinar entitled “Orientation on Safe Spaces Act
(RA 11313)” was successfully conducted last November 25, 2021. It was held by Cavite State University
in collaboration with the Gender and Development Resource Centre that was quite pertinent and
relevant in our society. The webinar was held via Zoom platform and streamed through Facebook live
with hundreds of participants. The University President, Dr. Hernando D. Robles, delivered the welcome
remarks where he acknowledged the resource speaker, university officials, faculty members, employees,
students and other Facebook live viewers. Mr. Mark Denver P. Almarez Admin Staff, GADRC, explained
the objectives of the webinar and the house rules.

Atty. Eric Paul D. Peralta, an assistant professor at the University of the Philippines Los Baños (UPLB) who
is also the current Director of the Human Resource Development Office in UPLB and a Certified Member
of the National GAD Resource Pool of the Philippine Commission on Women shared his expertise as
resource speaker. He thoroughly discussed the said law and how it applies to the work environment. He
mentioned that, safe spaces are places where people feel physically and emotionally safe where they
may freely express themselves without the fear of criticism and violence. These exhibits respect for the
dignity of all human beings and complete respect for human right, guaranteeing that both men and
women enjoy quality, security and safety not only in private but also in streets, public spaces, online,
workplaces and educational and training institutions. In addition, he explained how crucial it is to
comprehend declaration policies, important definitions and general acts punishable in Gender Based
Sexual Harassment, revealing that Committee on Decorum and Investigation (CODI) is extremely
significant in institutions. Furthermore, a quick demonstration of CSC MC No. 11 series of 2021, ensuring
that the Rules on Administrative Cases in the Civil Service (RACCS) are in accordance with what is
provided by RA 11313.

To demonstrate management support for the Gender and Development Resource Centre’s advocacy, the
vice president of the University’s several divisions have issued a Statement of Commitment to End
Violence against Women. Dr. Ma. Agnes P. Nuestro, Vice President for Academic Affairs, was the first to
speak, followed by Dr. Melbourne R. Talactac, Vice President for Research and Extension, Dr. Camilo A.
Polinga, Vice President for Administrative and Support Services and Dr. Marilyn M. Escobar, Vice
President for Planning and Development. Dr. Mary Jane D. Tepora, Director of Human Resource
Development Office, delivered the closing remarks where she ended the event with a statement
guaranteeing the faculty members, students, employees, and their stakeholders that the institution can
provide a comforting, both physically and emotionally safe environment.

To ensure that listeners understood the talk, Atty. Peralta gave a quiz on TILT – Things I Learned Today,
with free one hour or two hours of legal consultation with him as prizes.

Atty. Peralta ended his talk with a quote from former Supreme Court US Justice Ruth Bader Ginsburg:
“Fight for the things that you care about but do it in a way that will lead others to join you.” He also
reiterated that everyone has the responsibility to make a safe environment and a secured community
free from criticism and harm. A VAWC-free community should start with every individual.

The Art of Holding “Safe Space” : Why and Where It Matters Most
Research shows a scarcity of safe spaces in schools and workplaces. A recent study conducted by Youth
Truth Survey Organisation finds “just over half of the students feel safe at school.” The data shows that
“59% feel safe at school in general, 66% feel safe in their classes, 54% feel safe in their hallways,
bathrooms, and locker rooms, while 55% feel safe in school property outside the school building.” In
another 2020 report commissioned by Honeywell International Incorporation and conducted by
Wakefield Research, results state that “68% of workers globally do not feel completely safe working in
their employer’s building.”

These data could not be more alarming. According to the Journal of Adolescent Health by Carolyn Côté-
Lussier of the University of Ottawa and Caroline Fitzpatrick, a researcher affiliated with Concordia’s
PERFORM Centre for Preventive Health,”highschoolers who feel less safe at school have decreased
learning potential and more emotional problems.”

Findings like these show how features of these physical environments alone play a significant role in a
student or an employee’s day-to-day engagement and performance. It remains poignant – each one
deserves a safe space as much as each one needs it. It’s especially important for minorities, members of
the LGBTQIA community, and other marginalized groups. In a 2019 Healthline article by Megan Yee, she
talked of a 2015 fall incident where “a series of student protests over racial tension erupted at the
University of Missouri over safe spaces and their impact on freedom of the press.” A noteworthy line in
her article says that “safe spaces can provide a break from judgment, unsolicited opinions, and having to
explain yourself. It also allows people to feel supported and respected.” Another study states that “due
to increased levels of stigma, discrimination and victimization, Lesbian, Gay, Bisexual, Transgender,
Queer, Questioning or Intersex (LGBTQI+) youth face particular challenges in society.” (Wilson & Cariola,
2020)
Safe Spaces, An In-Depth Look At the Phrase
Oxford Dictionary defined safe space as “a place or environment in which a person or category of people
can feel confident that they will not be exposed to discrimination, criticism, harassment, or any other
emotional or physical harm.”
The origins of the term “safe space” have diverse attributions. One of the original concepts can be traced
back to the German-American psychologist, Kurt Lewin who founded a social psychology and
management theory in the work setting. The objective was “for groups of employees and managers to
speak honestly about working conditions and productivity goals without fear of retaliation or
retribution” (Quy, 2020). His work invented the “sensitivity training” which is a form of group discussion.
“Staff could give honest feedback to each other to allow people to become aware of their assumptions,
implicit biases, and behavior that were holding them back as effective leaders.” (Cayton, 2016)
A 2001 book Mapping Gay L.A. by Moira Kenney speaks of the term “safe spaces” used in the mid-1960s
when it described gay and lesbian bars as places where allied people movements were able to gather
free from attack – a liberation avenue. In the succeeding years, the term was adopted about women
gathering together and occupying space in a “communal and safe way”.
A study conducted by Flensner & der Lippe (2019) suggests the same findings that the concept of safe
space originated from the 1970s women’s and LGBT movement, where these people gathered in an
environment they considered secure to meet and discuss. One of the historical backgrounds of safe
space also indicates that it aims to protect marginalized people from discrimination and offer them that
safe space.By the early 1980s, the term had reached educational institutions. It was used heavily,
specifically by students who embodied certain traits (e.g., female students, members of the LGBTQIA
community, ethnic minorities, and marginalized groups).