Quiz 21

If the statements in this

quiz 21 on Republic Act
No. 11313,
otherwise known
as the “Safe
Spaces Act, are
correct write “true,”
before the statements. If
incorrect, write “false”
without explaining.
What is Republic
Act No. 11313,
otherwise known
as the “Safe
Spaces Act;” and
how is it different
from the Anti-
Sexual
Harassment Act of
1995 (“Anti-
Sexual
Harassment Act”)?
Discuss.
In a move to
address modern
ways of
committing
gender-based
sexual
harassment
(“GBSH”) and
other acts of
sexual abuse not
covered under the
Anti-Sexual
Harassment Act of
1995 (“Anti-
Sexual
Harassment Act”),
Republic Act No.
11313,
otherwise known
as the “Safe
Spaces Act” or
more commonly
known as the
“Bawal Bastos
Law,” took effect
on 03 August
2019, while its
implementing
rules and
regulations (“IRR”)
was approved on
28 October 2019.
Not only does the
Safe Spaces Act
address sexual
harassment
against women,
the law’s
expansive
coverage
penalizes
misogynistic,
transphobic and
homophobic acts.
This means that
the acts or
remarks which are
made punishable
under
the law can be
committed against
men, women and
the LGBTQ++; or
in other words,
ANYBODY.

The Anti-Sexual
Harassment Act
make persons
who hold positions
of authority,
influence and
moral
ascendancy
punishable for
committing sexual
harassment.
Under the Safe
Spaces Act,
GBSH may now
be committed
between peers
and by a
subordinate to a
superior officer in
workplaces, or
wherever work is
being undertaken
by an employee.
Minors can
also be
perpetrators under
the law but will be
liable only for
administrative
sanctions by the
school as stated
in their school
handbook.
Employers and
heads of
educational and
training
institutions
must create a
Committee on
Decorum and
Investigation
(“CODI”) which
will serve as an
independent
internal grievance
mechanism that
will investigate
and resolve
GBSH cases in
the workplace and
educational and
training
institutions.
Each CODI must
be headed by a
woman and have
at least a
representative
from each
employee level
(i.e. rank-and-file,
supervisory, etc.),
with at least half
of its membership
comprised of
women. Each
CODI must also
ensure that there
is equal
representation of
persons of diverse
sexual orientation,
gender identity
and/or expression.

Aside from the

acts committed in
the workplace and
educational or
training
institutions
previously
punished by the
Anti-
Sexual
Harassment Act,
unwanted or
uninvited actions,
remarks or slurs
which
discriminate,
stereotype or
indicate prejudice
on the basis of
sex may now be
committed online
and in the streets
or public spaces.
The crime may be
committed
regardless
of motive of the
person committing
the actions or
remarks
enumerated such
as catcalling,
persistent
uninvited
comments,
gestures or telling
of sexual
jokes/names,
relentless
requests for
personal details,
and unwanted
advances that
threaten one’s
sense of personal
space and safety.

Public spaces
where the
penalized acts or
remarks may be
perpetrated
include streets,
malls, restaurants,
public markets,
government
offices, public
utility or private
vehicles, and
other recreational
spaces such as
theaters and
spas.

The law also

makes the
management of
restaurants, bars,
resorts, casinos
and similar
establishments
provide
assistance to
victims of GBSH
by coordinating
with police
authorities,
installing of and
making footage of
CCTVs available
upon order of the
court, and to
provide a safe
environment for
victims by posting
visible signs
against GBSH.
Whenever
possible, online
platforms for
reporting GBSH
incidents should
also be provided.
A security guard
or any witness to
the commission of
a crime is
authorized by the
law to conduct a
citizen’s arrest
when perpetrators
are caught in the
act. Depending on
the gravity of the
act or remark
committed or
made, GBSH in
public spaces are
penalized with
fines ranging from
PhP1,000.00 to
PhP100,000.00 or
imprisonment of 6
days up to 6
months, or both
fine and
imprisonment.
Prescription can
range from 1 year
to 10 years.
Meanwhile, aside
from the penalties
already
mentioned, GBSH
committed in a
public utility
vehicle (“PUV”)
may give reason
for the
cancellation of a
perpetrator’s
license by the
Land
Transportation
Office (“LTO”) or
suspension or
revocation of a
transportation
operator’s
franchise by the
Land
Transportation
Franchising and
Regulatory Board
(“LTFRB”). Both
the employee and
the owner or
operator of a
common carrier
are made liable by
the law for the
crime committed.
A higher
penalty is likewise
imposed if the
crime is
committed by the
driver and the
victim is a
passenger.

Other
circumstances of
committing the
crime which are
imposed a greater
penalty are when
the crime is: (1)
against a minor,
senior citizen,
person with
disability (“PWD”),
or a breastfeeding
mother nursing
her child; (2)
made by a
member of the
uniformed
services while in
uniform; (3)
committed against
a person
diagnosed with a
mental condition
which tends to
impair
consent; and (4)
committed within
the premises of a
government
agency by a
government
employee.

GBSH committed
online, or through
the use of any
information and
communications
technology
(“ICT”),
include any
terrorizing and
intimidating of
victims through
threats, unwanted
remarks and
comments online
(through public or
private means),
cyberstalking,
uploading or
sharing of any
form of media (i.e.
photos, videos or
voice recordings)
with sexual
content without
the victim’s
consent,
impersonating
identities or
posting lies about
the victim, and
filing of false
abuse reports
online to silence
victims. GBSH
crimes committed
online do not
prescribe and
therefore, can be
punished even
after 10,
20 or 30 years.
Online GBSH
crimes are
penalized with
imprisonment of 6
months and 1 day
to 6 years or a
fine ranging from
PhP100,000.00 to
PhP500,000.00.
If the GBSH is
committed online
by a
juridical person
such as a
corporation or a
partnership, its
license or
franchise will be
automatically
deemed revoked
and its officers will
be held liable. In
case of media, the
perpetrator will be
the editor,
reporter, station
manager or
broadcaster.
Local government
units (“LGUs”) are
held primarily
responsible for
fighting against
GBSH in public
spaces, while the
Department of
Interior and Local
Government
(“DILG”) is tasked
with ensuring the
full
implementation of
the Safe Safes
Act.
As an exemption,
legitimate
expressions of
indigenous culture
and tradition, such
as wearing of
traditional tribal
attires which may
show partial
nudity, and
breastfeeding in
public shall not be
penalized under
the law.