Republic Act No.

11313 or “ The
Safe Spaces Act” – Addressing
Gender-Based Sexual Harassment
Also known as: Anti – Bastos Law

Prepared by:

THERESA R. CALONCE
 Salient Provision of R.A. 11313

• 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:
 A.Gender-Based Sexual harassment in streets and
public spaces

• 1. Cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting,

unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs,
persistent unwanted comment’s on ones appearance, relentless requests
for one’s personal details such as name, contact and social media 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 sense of personal safety.
 Penalty
• First offense:
Fine of one thousand pesos (P1,000.00) and community service of
twelve (12) hours inclusive of attendance to a Gender Sensitivity
Seminar
. Second offense:
Arresto menor (6-10) days or a fine of three thousand pesos
(P3,000.00)
. Third offense:
Arresto menor (11-30) days or a fine of Ten thousand pesos (P10,000.00)
• 2. Making offensive body gestures at someone, exposing private parts for
the sexual gratification of the perpetrator with the effect of demeaning,
harassing, threatening or intimidating the offended party including
flashing of private parts, public masturbation, groping and similar lewd
sexual actions.
 Penalty
• First offense:
• Fine of ten thousand pesos (P10,000.00) and community service of
twelve (12) hours inclusive of attendance to a Gender Sensitivity
Seminar

• Second Offense :
• arresto menor (11-30) day or a fine of Fifteen thousand pesos
(P15,000.00)

• Third Offense :
• arresto mayor (1 month and 1 day) or a fine of Twenty thousand pesos
(P20,000.00)
• 3. Stalking, any of the acts mentioned in 11(a) or 11(b) when accompanied
by touching, pinching or brushing against the body of the offended
person: any touching, pinching or brushing against the genetalia, face,
arms, anus, groin, breasts, inner thighs, buttocks or any part of the
victim’s body even when not accompanied by acts mentioned in 11(a)
and 11(b)
 Penalty
• First Offense:
• arresto menor (11 to 30 days) or a fine of Thirty thousand pesos
(P30,000.00), provided that it includes attendance in a Gender
Sensitivity Seminar

.Second Offense:
• arresto mayor (1 month and 1 day) or a fine of Fifty thousand pesos
• (P50,000.00)

.Third Offense:
. arresto mayor in its maximum period or a fine of one hundred
thousand pesos (P100,000.00)
 B. Gender-based online sexual harassment

• Penalty:

• Prision correctional 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 descrition of the court.
 C. Qualified gender-based sexual harassment

• Penalty:

• Penalty next higher in degree

 D. Gender-based sexual harassment in the workplace
and educational or training institution

• Penalty:

• Administrative penalties as provided for by the employer’s committee

on decorum and Investigation, and without prejudice to other applicable
criminal violations and penalties
 E. Failure of employers or school heads to implement their duties under the
Safe Spaces Act (i.e including setting of administrative penalties to
violations of gender-based sexual harassment in the workplace)

• Penalty:
• Fine of not less than Five thousand pesos (P5,000.00) nor more than
• Ten thousand pesos (P10,000.00)
F. Failure of employers or school heads to take action on reported acts of
gender-based sexual harassment committed in the workplace or in the
educational institution

• Penalty:

• Fine of not less than Ten thousand pesos (P10,000.00) nor more than
Fifteen thousand pesos (P15,000.00)
• 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.
Thank you