Republic Act No.

11313
“An Act Defining Gender-Based Sexual

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Harassment in Streets, Public Spaces, Online,
Workplaces, and Educational or Training
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Institutions, Providing Protective Measures and
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Prescribing Penalties Therefor” or the ”Safe Spaces

Act”
OUTLINE
I.Safe Space
II.Comparison of RA 11313 vs. RA 7877

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III. Republic Act No. 11313: The Safe Spaces Act
a. Gender-Based Online Sexual Harassment
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b. Gender-Based Sexual Harassment in Education and
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Training Institutions
c. Creation of Committee on Decorum and Investigation
(CODI)
 SAFE SPACE
is formal or informal place where
a person feels comfortable, physically and
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emotionally safe, and enjoy the freedom of self-

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expression
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without the fear of judgment or harm.

(UNFPA, 2015)
 The State recognizes that both men and women
must have equality, security, and safety not only
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in private but also on the streets, public spaces,
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online, workplaces, and educational and training
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institutions.
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(Section 3, Declaration of Policies)

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Philippine Commission on Women https://pcw.gov.ph

 RA 7877 RA 11313
“Anti-Sexual Harassment Act of 1995” “Safe Spaces Act of 2019
Committed either in work-related or employment Committed through any unwanted or uninvited
environment or in education or training sexual actions/remarks against any person
environment regardless of the motive for committing such
action/remarks

The offender must have authority, influence, or The offender is not limited to persons in
moral ascendancy over the victim in a work or authority.
training environment

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Sexual favor is made as a condition: Committed in the following environments:

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_ ● Streets, Public Places, Public Utility Vehicles
For work- related/employment environment: for ● Restaurants, Clubs, Resorts, Malls, Cinemas,
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hiring, re-employment, or continuous employment, and other privately-owned establishments open

in granting favorable compensation or privileges to the public
● Online
For education/training environment: for granting of ● Workplace
passing grade, honor, stipend, allowance or other ● Education or Training Institutions
benefit
DEFINITION OF TERMS

• Catcalling - unwanted remarks directed towards a person commonly in the form of wolf-
whistling, misogynistic, transphobic, homophobic, and sexist slurs

• Cyberstalking – refers to the use of the internet and other technologies to harass or stalk
another person online.

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• Gender – refers to a set of socially ascribed characteristics, norms, roles, attitudes,

relations between them

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values and expectations identifying the social behavior of men and women, and the

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• Homophobic remarks or slurs – any statement in whatever form or however delivered,

indicative of fear or hatred towards a person who identifies as LGBTQ+, and such other
persons of diverse sexual orientation, gender identity or expression, or towards any
person perceived to or actually have experienced same-sex attraction.

• Misogynistic remarks or slurs – statement in whatever form or however delivered

indicative of hatred towards women or belief that men are inherently better than women
DEFINITION OF TERMS

• Sexist remarks or slurs - any statement in whatever form or however delivered, that
are indicative of prejudice, stereotyping, or discrimination on the basis of sex, typically
against women

• Transphobic – any statement in whatever form or however delivered, that are

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indicative of fear, hatred towards persons whose gender identity do not conform to

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their sex assigned at birth

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• Stalking – refers to conduct directed at a person involving the repeated visual or

physical proximity, non-consensual communication, or a combination thereof that
cause or will likely to cause a person to fear for one’s own safety or others, or to suffer
emotional distress.
GENDER BASED ONLINE SEXUAL
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HARASSMENT
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GENDER BASED ONLINE SEXUAL HARASSMENT

Acts that use information and communications technology in terrorizing and

intimidating victims through:
1. Physical, psychological, and emotional threats, unwanted sexual
misogynistic, transphobic, homophobic and sexist remarks and comments
online whether publicly or through direct and private messages;

messaging;
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2. Invasion of victim’s privacy through cyberstalking and incessant

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3. Uploading and sharing without the consent of the victim, any form of
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media that contains photos, voice, or video with sexual content;

4. Any unauthorized recording and sharing of any of the victim’s photos,
videos;
5. Any information online, impersonating identities of victims online or
posting lies about victims to harm their reputation, or filing, false abuse
reports to online platforms to silence victims.
GENDER BASED ONLINE SEXUAL HARASSMENT

Suggested steps in handling GBOSH:

Take note of the URL account of the respondent

https://www.facebook.com/juana.cruz/

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Make a printout of the content being complained of by opening a browser on a
laptop or desktop, going to the pertinent account/page, and printing/saving
the said webpage
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Contact authorities via PNP ACG’s e-complaint desk at

https://acg.pnp.gov.ph/eComplaint/ or through their complaint action
centers, or:

Report through the Learners TeleSafe Contact Center Helpline

GENDER BASED ONLINE SEXUAL HARASSMENT

Penalties:

The imposable penalty for violation of the previously mentioned section is

prision correccional in its medium period OR a fine of not less than
P100,000.00 but not more than P500,000.00.

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If the perpetrator is a juridical person, its license or franchise shall be

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automatically deemed revoked, and the persons liable shall be the officers
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thereof, including the editor or reporter in the case of print media, and the
station manager, editor and broadcaster in the case of broadcast media.

An alien who commits gender-based online sexual harassment shall be

subject to deportation proceedings after serving sentence and payment of
fines.
 GENDER BASED SEXUAL
HARASSMENT IN
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EDUCATIONAL AND TRAINING
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INSTITUTIONS
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GENDER BASED SEXUAL HARASSMENT IN
EDUCATIONAL AND TRAINING INSTITUTIONS

Who can commit GBSH in Educational and Training Institutions?

1. Principals
2.
3.
Schools Heads
Teachers
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4.
5. Coaches/Trainers L
Instructors/Professors R _ m ce
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6. Any person who has authority, influence or moral ascendancy over

another
7. Students
8. Trainees
GBSH IN EDUCATIONAL AND TRAINING INSTITUTIONS

Duties and Responsibilities of School Heads and Heads of Training

Institutions:

(a) Disseminate or post a copy of this Act in a conspicuous place in the

educational institution;
1. sending copies
2. posting a copy online
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3. Conduct orientation to teachers and students
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(b) Provide measures to prevent GBSH

1. information campaign
2. express inclusion in the student handbook
3. orientation of student organizations
4. training of teaching and non-teaching staff, students, security officers,
and other members of the school community
GBSH IN EDUCATIONAL AND TRAINING INSTITUTIONS

(c) Create a Committee on Decorum and investigation (CODI)

(d) Provide and disseminate, in consultation with all persons in the educational

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or training institution, a code of conduct or school policy which shall:
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1. expressly reiterate the prohibition on GBSH

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2. prescribe procedures of the internal mechanism
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3. set administrative penalties

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(e) Designate an office or person to receive complaints of sexual harassment

GBSH IN EDUCATIONAL AND TRAINING INSTITUTIONS

Penalties School Heads and Heads of Training Institutions:

Failure to implement duties specified in the law shall be penalized

with a fine of not less than Five thousand pesos (P5.000.00) nor

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more than Ten thousand pesos (P10,000.00).

Failure to act on reported R

Lacts of GBSH committed in the educational
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institution shall be penalized with a fine of not less than Ten

thousand pesos (P10.000.00) nor more than Fifteen thousand
pesos (P15,000.00).
GBSH IN EDUCATIONAL AND TRAINING INSTITUTIONS

Section 29 (IRR of RA 11313)

Minor students who are found to have committed acts of

GBSH shall only be held liable for administrative sanctions by
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the school as stated in their handbook.
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Section 30 (IRR of RA 11313)

Nothing shall preclude the victim of education or training-
related GBSH from instituting a separate and independent
action for damages and other affirmative relief.
CODE OF CONDUCT AND THE COMMITTEE ON
DECORUM AND INVESTIGATION

1.Designation of office or person to receive complaints –

must be knowledgeable on gender, gender-based violence
such as sexual harassment, mental health, counselling, and
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other relevant knowledge and skills

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2.Ensure confidentiality _ m ce
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3.Adopt and publish grievance procedures

4.Conduct an investigation, on its own initiatives
5.Support parties in GBSH-Related Court Proceedings
CODE OF CONDUCT

Contents:
1. Define GBSH, its coverage, forms, classifications, appropriate penalties,
when and where it may be committed and by whom.

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2. Specify the procedures in filing of cases, investigation, and resolution

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and appeal thereof that will be the bases of the functions of the CODI.
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3. Specify the functions, responsibilities, composition, and qualifications of

the members of the CODI, including the penalties to be imposed on
members of the CODI in cases of nonperformance or inadequate
performance of functions.
COMMITTEE ON DECORUM AND
INVESTIGATION
Composition and Function:

1. At least one (1) representative each:

a. school administrator

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b. trainers
c. instructors
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d. professors/coaches ce
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e. students/trainees
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f. parents

- The SH may include other groups in the CODI as may be applicable,

provided, there is equal representation of persons of diverse sexual
orientation, gender identity/expression, ad far as practicable.
COMMITTEE ON DECORUM AND
INVESTIGATION
2. The CODI shall be headed by a woman and not less than half of its
members shall be women.

3. Every CODI shall be imposed of members who should be impartial and

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not connected or related to the alleged perpetrator within the fourth

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degree of consanguinity or affinity, and have no
involvement as respondent, defendant, or accuses
prior record of
in any case of
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whatever nature on Sexual Harassment.

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4. The CODI shall ensure the protection of the complainant from

retaliation without causing her/him any disadvantage, diminution of
benefits or displacement, and without compromising his/her security of
tenure
 JURISPRUDENCE

A.C. NO. 5900, Re: Anonymous Complaint Against Atty. Cresencio P. Co

Untian, Jr.
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According to the Supreme
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L Court, sexual harassment does not only connote
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categorical remarks stating “lets have sex” but includes subconscious effects
that has sexual undertones.
 JURISPRUDENCE

- Educators should be conscious of their language and statements

uttered to their students. In the same vein, students should also

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avoid using offensive and indecent words directed to other

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students, teachers, and personnel.
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- It is not necessary that sexual favor is articulated in words. A

simple remark with sexual undertone that tends to offend another
person is punishable under the law.
Thank
P O you!
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Soli Deo Gloria