PART II: SAFE

SPACES ACT
REVIEW:
SAFE SPACES ACT COVERS:
1. GENDER-BASED STREETS AND PUBLIC SPACES
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
PUBLIC SPACE INCLUDES:
1. Streets and alleys
2. Public parks
3. Schools, buildings
4. Malls, bars
5. Restaurants
6. Transportation terminals
7. Public markets
8. Spaces used as evacuation centers
9. Government offices
10. Public utility vehicles as well as private vehicles covered by app-based transport network
services and other recreational spaces such as, but not limited to, cinema halls, theaters
and spas;
GENDER-BASED SEXUAL HARASSMENT
IN THE WORKPLACE
Who are the offenders in GBSH in the
WORKPLACE?
a) May be committed between peers
b) By a subordinate to a superior officer
■ Gender-Based Sexual Harassment in the Workplace. -The crime of
gender-based sexual harassment in the workplace includes the
following:
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;
a) 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 officer by a subordinate, or to a teacher by a
student, or to a trainer by a trainee; and
b) Information and communication system refers to a system for
generating, sending, receiving, storing or otherwise processing
electronic data messages or electronic documents and includes the
computer system or other similar devices by or in which data are
recorded or stored and any procedure related to the recording or
storage of electronic data messages or electronic documents.
 GENDER-BASED SEXUAL HARASSMENT IN
EDUCATIONAL AND TRAINING INSTITUTIONS
Gender-Based Sexual Harassment in Educational and Training
Institutions.—
All schools, whether public or private, shall designate an officer-in-
charge to receive complaints regarding violations of this Act, and
shall, ensure that the victims are provided with a gender-sensitive
environment that is both respectful to the victims’ needs and
conducive to truth-telling.
1. Every school must adopt and publish grievance procedures to facilitate the filing
of complaints by students and faculty members.
2. Even if an individual does not want to file a complaint or does not request that
the school take any action on behalf of a student or faculty member and school
authorities have knowledge or reasonably know about a possible or impending
act of gender-based sexual harassment or sexual violence, the school should
promptly investigate to determine the veracity of such information or knowledge
and the circumstances under which the act of gender-based sexual harassment
or sexual violence were committed, and take appropriate steps to resolve the
situation.
3. If a school knows or reasonably should know about acts of gender-based sexual
harassment or sexual violence being committed that creates a hostile
environment, the school must take immediate action to eliminate the same
acts, prevent their recurrence, and address their effects.
1. Once a perpetrator is found guilty, the educational institution
may reserve the right to strip the diploma from the
perpetrator or issue an expulsion order.
2. The Committee on Decorum and Investigation (CODI) of all
educational institutions shall address gender-based sexual
harassment and online sexual harassment in accordance
with the rules and procedures contained in their CODI
manual.
PROBLEMS
GENDER-BASED STREETS AND PUBLIC SPACES

EXAMPLES:
• Juan made a remark “Ang mga bakla, pang-parlor lang dapat ‘yan eh.”
• Juan saw a girl passing by, he whistled which made the girl uncomfortable.
• Juan has a huge crush on his girl classmate, he wants to court her. So, Juan made a
move. The girl refused and rejected him but Juan is persistent. He even forced the girl to
give him her number.
• Juan was on a beach, he saw a group of LGBTQ passing by, Juan suddenly flashed his
private part to these people and shouted “Di ba ganahan mo ani, kan-a ni!”. They felt
disrespected by the acts of Juan.
• Juan, while riding a jeep, saw a nursing student. He keeps on staring and even made
some unwanted behavior signifying sexual invites such licking his lips while staring at
the girl. The girl felt uncomfortable.
GENDER-BASED ONLINE SEXUAL HARASSMENT:

Juan has a huge crush on his girl classmate, he wants to court her. So, Juan made a move.
He followed her in all social media account. She keeps on messaging the girl. Even if the girl
already blocked her, he made another account and still pursued the girl. The girl refused and
rejected him but Juan is persistent. The girl felt uncomfortable.

Juan is a bestfriend of Jenny. One day, Jose asked Jennie about her virginity. As a trusted
friend, Jennie told her that she is no longer a virgin. When they got into a heated fight, Juan
posted the conversation between him and Jennie about Jennie’s virginity and made fun out
of it.

Juan is a bestfriend of Jenny. Jenny always sends sexy pictures or swimwear pictures to Juan
because of her trust to Juan. Juan posted these pictures publicly without the consent of
Jennie.
QUALIFIED GENDER-BASED STREETS, PUBLIC SPACES AND ONLINE SEXUAL
HARASSMENT

• Juan, a police officer, who was on a beach, he saw a group of LGBTQ passing by,
Juan suddenly flashed his private part to these people and shouted “Di ba ganahan
mo ani, kan-a ni!”. They felt disrespected by the acts of Juan.
• Juan is a grab driver. He has a passenger. He keeps on staring through the mirror
and even made some unwanted behavior signifying sexual invites such licking his
lips while staring at the girl. The girl felt uncomfortable.
GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE

•Juan is an employee of a certain call center agency. He is about to be promoted but

before the approval of his promotion, Julia, his Team Leader, asked him to have a one
night stand with him.

•Juan and Julia are workmates. During their duty, Julia groped the private part of Juan.
GENDER-BASED SEXUAL HARASSMENT IN EDUCATIONAL AND TRAINING INSTITUTIONS

•Juan is a student. He got a 3W during his midterm and still a 3W on his final exam. He
politely asked his professor if he can give him a special project in order to pass the
subject. The teacher groped his private part and told him that a one night stand is
enough.

•Juan and Julia are classmates. Juan intentionally touched Julia’s boobs.