Republic Act 11313, also known as the Safe Spaces Act, was signed into law by President

Rodrigo Duterte on April 17, 2019. It was principally authored by Senator Risa Hontiveros
and co-authored by several senators in the Philippines.

Aimed at preventing and penalizing gender-based harassment in public spaces. It

addresses various forms of harassment, such as catcalling, wolf-whistling, and other unwanted
sexual advances or gestures done in public areas. Safe Spaces in public areas where people
can report incidents of harassment and seek assistance. It also imposes penalties on
individuals found guilty of committing gender-based harassment.

To women and lgbtq+

Catcalling
Stalking
Street harassment: Any unwanted comments, gestures, or actions of a sexual nature made in
public places that intimidate, offend, or humiliate the victim.
Sexist slurs: Using derogatory or offensive language that discriminates against someone
based on their gender or sexual orientation.
Unwanted sexual advances: Making unwelcome or inappropriate sexual proposals, requests,
or advances toward someone, especially in public spaces.
Online sexual harassment
Physical harassment

Warning or Community Service:

First-time offenders may receive a warning or be required to undergo community service,

such as attending gender sensitivity training or performing community-related tasks.
Fines: Individuals found guilty of committing gender-based harassment may be fined an amount
ranging from PHP 1,000 to PHP 100,000, depending on the gravity of the offense and the
court's discretion.
Imprisonment: 1 day to 6 months
Articles 1163-1176

ARTICLE 1163- Every person obliged to give something is also obliged to take care of it
with proper deligence of a good father of a family, unless the law or stipulation of the
parties requires another standard of care.

something- is it specific or generic

specific/determinate thing- particularly designayed / cannot be substitute even if same kind
without consent of the creditor
- watch im wearing/ my dog tekla

Generic/indeterminate- class/ specie/ debtor can give anything as long as it is same kind.
- police dog, sum of 1m pesos

duties of debtor to give determinate thing:

1preserve the thing- take care of thing with diligence of good father of a family pending
delivery.
a. Diligence of a good father of a family- ordinary care/ average person do in his own
property
b. another standard of care- if another party provides other standard of care (slight or
extraordinary diligence) it must prevail.
ex. shoppee delivery "fragile handle with care" different to handling clothes.
c. Factors to be considered- standard of care always should be the standard of his own
property/ debtor is not liable if his failure is not due to his own fault but because of events or
force majeure.
d. reason for debtor's obligation- accesory duty without it debtor is not liable
-deliver the fruits of the things
- accessions and accessories
-the thing itself
-answer for damage incase of nonfulfillment or breach

duties of debtor to deliver generic thing

- deliver a things which is quality intended by the parties

- be liable for damages in case of fraud negligence or delay

ARTICLE 1164 Creditor has right to the fruits of the things from time obligation deliver
arises/ however he has no right till it is delivered to him.

Different kind of fruits

Refers to natural, industrial and civil fruits
1Natural fruits- products of soil, young, product of animals
ex. plants/grass grew without human labor/ anak ng tokwa aso

2Industrial fruits- produced by lands of any kind through cultivation or labor

ex. sugar cane, rice brought by human labor

3Civil fruits- derived by virtue of a juridical relation

ex. rents of buildings, price of lease

Right of creditor to the fruits

-entitled to the fruits of the thing to be delivered by the time obligation make delivery arises

when obligation to deliver fruits arises

-pagnagpay na sa thing siya na entitled sa anak nun
1perfection of contract- meeting of minds between parties
2.suspensive condition or period- ex. di magtetake effect till di ma approve ang loan sa bank,
if di na approved then walang effect ang contract.
3 in contract of sale- arises from perfection of contract even if theres a suspensive period/ pag
nabayaran na ung aso kahit nanganak pa sa dating amo ung tuta dun na sa bumili/ sa sales
part kahit may palugit ung obligation need magawa sa napagusapan niyong date
4. obligation arising from law quasi contract, delicts and quasi delicts specific provision..

personal right- right to demand creditor to debtor fullfilment to obli to give, to do and not to do./
definitive active subject and definitive passive subject/ binding by specific person

real right- right or interest over specific thing like possesion or ownership/ theres DA subject but
no DP subject/ against the whole world.
ex. I own a land with my name active subject, mga pede kong kasuhan is ung mga taong
papasok sa lupain ko- walang definitive passive subject

ownership acquired by delivery- he is not yet the owner till the specific thing is delivered to him.

S is selling horse to b on july 25, he will only take ownership if the horse is delivered, if july 30
he will acquire ownership in that exact date. if s sold it to c on july 20, c has no knowledge of
contract bet b and s, c is the owner and s is liable for damage to b.

ARTICLE 1165-
if determinate- creditor can compel debtor to make delivery
If generic- complied at the expense of debtor (ipagawa sa iba pero si debtor ang
magbabayad)
If 2 creditor- debtor is incharge of forfuitous event
Remedies of the creditor in real obligation
if determinate- demand to deliver/ recission or cancellation with right to damages/ demand
payment to damages.
ex. s sells dress to b , but did not do. B can ask s to give it, B can cancel and ask for
compensation, B can ask for refund.

if indeterminate- demand for fulfillment (kase generic naman easy palitan) / ask 3rd person to
fulfill but obligor ang magbabayad.

If promise to deliver 2 creditor- dahil sa dalawa binenta ni creditor pagnasira ung bahay kahit
dahilan pa ng earthquake si creditor padin ang magbabayad.

ARTICLE 1166
Obligation to give determinate thing should include accesions and accesories

accessions- fruits and additional/ even without accessions the thing will be used.
ex. fruits in land, offspring of animal

accessories- things joined in the principal things/ it will not work without accessories
Phone without charger
key of a house

right of creditor to a&a

-accessory follows the principal

ARTICLE 1167
remedies of creditor in personal obligation:
- if d is obliged to do something but fails the same should be executed at his cost. (
Debtor will pay)
-same rule contravention of the obligation, poorly done be undone (debtor will still pay)

fails to comply: creditor has the right to do it himself or 3rd person but Debtor will pay or
recover damages.
ex. emma told john to fix toilet, but john did not do it. Emma can do it herself or 3rd person but
John needs to pay for the expense and damages

-contravention/ poorly done: - have it undone by debtor or 3rd person to debtors payment
ex. emma wants to paint her wall white but john painted it brown. emma can ask john to repaint
it white, or she can ask 3rd to repaint it but john will pay it.

- ask for indemnification of damages pay refund

ARTICLE 1168 Obligation to not do but obliger does the forbidden it shall be undone at
his expense

ex. anna told leah to not put nails on the house but leah still did it, it should be removed at
leah's expense.

ARTICLE 1169- those obliged to deliver incure in delay from time obligee juridically(korte)
or extra juridically(tinawagan/sinulatan) demands from the fulfillment of their obligation

however demand by creditor should not be necessary in order delay to exist (automatic delay)

- when law says the schedule/kasulatan

-time /controlling motive
- demand is useless/ nawala ung item

in reciprocal obli, neither party is in delay if both of them does not comply yet, If one party fulfills
obli the other became delay (automatic delay)

delay- pagnag demand and may automatic

ordinary delay- failure to perform on time
legal delay MORA- fail to perform constitute breach of oblig (may karapatan si C to ask
compensation kay D)

kinds of delay

Mora solvendi- debtor (to give or to do)

Ex re- delay real obligation to give
Ex personna- delay in personal obligations

mora accipiendi- delay of creditor to accept the performance of obligation

Compensatio Morae- if C and D are both delayed

Requisites of delay by debtor

1. failure to peform in agreed time
2. demand from creditor judicial (legal)
3. Failure debtor to comply (mora solvendi)

ex. d obliges himself to deliver car plate no.009 to c a car on sep 15

d fails to deliver car on sept 15 no demand from C so ordinary delay lang. di pa illegal delay

c made a demand on sep 20 D fails to deliver d is in legal delay.

c filed a demand to d sep 20 legal delay ung payment ng damages will start sep 15 when he
made extra judicial demand.

Effects of delay

mora solvendi/debtor- guilty of breach paying damages, liable for damages/ even is natural
disaster liable padin si debtor if it's determinate thing

mora accipiendi- creditor/ guilty of breach/ liable of damages to d/ he is liable in case it gets
loss/ pay money d is not liable for interest/ debtor may release himself with the obligation by
consignation or deposit in court of the thing or sum due

compensatio morae: both parties

- no delay
- if it cant be determin which parties is in fault contract will be extinguished and each shall bear
damages.

When demand is not necessary/ automatic delay

when the obligations so provides

ex. d promise to pay on or before nov 7 to c without need of any demand. if d fails to pay on nov
7 it is already automatic delay.

when the law so provides

ex payment of taxes/ p for the fruits of the thing promise to contribute from time they should
have been de,ivered without the need of deman

when time is of essence

- deliver of wedding dress before wedding
- deliver of cake when party started/ in default matic

when demand would be useless/ in default na din

- d needs to deliver a pup to c, but pup dies because of negligence or natural disaster.

when performance in reciprocal obligation

- d is to deliver tv to c for 10k, d delivers the tv but c didnt pay. C is in default without need of
any demand
- if nagdeliver napaaga di kasalanan ni C if di makakabayad
- if D is obliged to deliver by dec5 and c is oblige to pay in dec 10, D failed to deliver by 5 he is
not in fault not till C demanded from d. then nadeliver na ni d sa dec 5 mafafault lang si c
pagnagdemand na si D by dec 10
ARTICLE 1170- those who in performance are guilty of fraud, negligence or delay /
contravention are liable for damages.

damages
- monetary compensation of loss or injury caused by wrongful act

1. DOLO Fraud
- intentional evasion/ nandaya
2 types of fraud
- Incidental fraud (dolo incidente) obligation already existing/ may contract na bebenta ko
phone pero dumating sayo bato

- Causal Fraud (dolo causante) in execution of contract which vitates consent. in order to get
contract dinaya or nagsinungaling

2. Culpa Negligence
voluntary act or omission, being no bad or malice, prevents normal malice./ di sadyaa/ required
extraordinary care diligence di nagawa

3. Delay Mora - in delay claim ng damages

4. contravention of the tenor of the Obligation
violation of terms and condition not due to fortuitous event

ex renter di nagbayad, pede na paallisin tas magbayad ng damage

ARTICLE 1171- RESPONSIBILITY ARISING FROM FRAUD IS DEMANDABLE IN ALL

OBLIGATIONS ANY WAIVER OF ACTION FOR FUTURE FRAUD IS VOID

- refers to incidental fraud

- court has no power to mitigate or reduced damage

waiver of action-
waiver of action for future fraud is void against law and public policy

waiver of action for past fraud- valid act of generosity

- however waiver should be explained in clear language

ARTICLE 1172 OBLI ARISING FROM NEGLIGENCE IN PERFORMANCE OF ANY KIND OF

OBLI IS DEMANDABLE BUT IT MAY BE REGULATED BY THE COURTS ACC TO
CIRCUMSTANCES.

- court has wide discretion in fixing the measure of damages

- negligence is not as serious as fraud not deliberate
- both parties are negligent/fault are canceled

Waiver of action negligence

-waiver of action in future negligence is valid except where the nature of obli requires
extraordinary diligence
- bad faith is equivalent to fraud/ waiver for future negligence is void.

kinds of negligence
1. contractual negligence/ Culpa contractual- negligence in contract resulting in breach
2.civil negligence/ culpa aquiliana(quasi delects)
3. criminal negligence(culpa criminal) negligence resulting in crime

ex. driver in grab is driving anna but driver got distracted while driving and accidentally hit nica
and she died also resulting to injury in anna

anna may file a complaint to grab culpa contractual

grab may contract na ung driver well trained required to exercise extra ordinary care.

heirs of nica civil action for damages/ criminal action dapat isa lang piliin nila

ARTICLE 1173 FAULT OR NEGLIGENCE OF OBLIGOR DEPENDS ON CIRCUMSTANCES

PERSON, TIME OF PLACE

IF LAW DOES NOT STATES THAT ORDINARY DELIGENCE IS EXPECTED

deligence required
- agreed upon parties
- absence of stipulation required by law extraordinary diligence
- in absence of any provision required padin ang diligence like a good father ordinary diligence

factor to consider when determining the issues in negligence:

1nature of obligation
- carrying gasoline tas nagcigarrete

2. circumstances of person
security guard sleeping

3. c of time
driving without headlight at night but day no
4. c of the place
driving 100kph nlex is permissable pero in school area di consider
measure liablity for damages
a is going to sell rice for 100k to b and b is planning to sell that rice to c for 110k. but a didnt
deliver on time. B bought rice for 110k and delivers to c.
b got angry and got hospitalized bbecause of heart attack

- if talaga sadya ni a valid reason ang makukuha lang ni b kay a is 10k

- if bad faith b is also liable in hospitalization care for b

ARTICLE 1174
obligor in case of natural disaster
except in cases specified by law or when it is otherwise declared by stipulation or when
nature of obli requires assumption risk no person shall be responsible for those events
which could not be foreseen or which though forseen were inevitable.

fortuitous event/force majeure

acts of man- independent of the will of the obligor but not other human wills
ex. war, fire murder

acts of god- natural disasters

ex. flood earthquakw

kinds of fortuitious events

ordinary- common can foresee
ex. rain, typhoon
extra ordinary- uncommon cannt foresee
ex. fire earthquake

requisites of fortuitous events/ to know di makukulong si debtor

- independent of human will/ walang may gusto
-cannt be foreseen , if foreseen invetable
- because of event debtor cant comply his obli
- debtor must be free from any participation , no current negligence on his part

rule of liability in case of fortuitous event

general rule: obligation is extinguesh

exception
1. if law says you have liablity even if fortuitous event
- gulty of fraud
- pag binenta sa 2 creditor
- deliver specific thing arises from crime
- the thing is to be delivered generic
2when declared in contract / napagusapan na si d liable padin pag may fortuitous event
3. when nature of obli requires assumption of risk.

ARTICLE 1175
usurious transactions shall be governed by governed by specail laws.

meaning of simple loan or mutuum

- one of parties deliver another money or consumable thing, upon condition same amount of
same kind and quality shall be paid. gratuitous or with stipulation pay interest

USURY
- considered usury pag super taas ng interet
- contracting or receiving interest more than the amount allowed by law for the loan or use of
money, goods chattels or credits.

requisites for recovery of interest

1. interest must be stipulated
2. must be in writing
3. lawful

usury is now legally non existent

ARTICLE 1176
- the receipt of the principal by the creditor without reservation with respect to the interest, shall
give rise to the presumptionn that said interest has been paid. (nagbayad na ng principal na
resibuhan na considered paid na din interest)
disputable

the receipt of a later installment of debt without reservation prior installments shall likewise raise
the presumption that such installments have been paid. (nagbayad ng month ng august
niresibuhan considered bayad na ung july)
disputable

Presumption
fact not actually known arising from its usual connection with another which is known or
provided

kinds of presumption
1 conclusive presumption- cannot be contradicted
2 disputable or rebuttable presumption- rebutted by presenting proof

not applicable presumptions

1 with reservation to interest (orally)
2 receipt without specific indication
3 receipt for a part of the principal (partial lang ng principal binayadan)
4. payment of taxes
5. non payment proven