Salient Features

of R.A. 11313
(The Safe Spaces Act or
Anti-Bastos Law)
Dandy G Ferriol
Soliman Security Services, Inc.
 The Safe Spaces Act
 On April 17, 2019, President Rodrigo Duterte signed the Safe Spaces Bill,
making the Safe Spaces Act or Bawal Bastos Law or Anti-Bastos Law an official
law.
 The law aims to protect any person especially:
1. Women
2. LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, Queer. The plus sign represents
other sexual identities including pansexual and Two-Spirit.
from gender-based sexual harassment on the:
3. streets and public spaces,
4. online spaces,
5. workplaces, and
6. educational and training institutions.
What does Gender-Based Sexual Harassment
or Violence mean

Gender-based sexual harassment or violence is

an offensive act directed against a person
because of their gender. Both women and men
experience gender-based violence but the
majority of victims are women.
 Sexual Identity and Orientation
 Lesbian: A woman who is attracted to other women
 Gay: Refers to a man who is attracted to other men; this term is also used for anyone who is attracted to another person
with the same gender identity.
 Bisexual: Refers to a person who is attracted to both men and women
 Transgender: Refers to a person whose gender identity (the sense of gender that every person feels inside) or gender
expression is different from the sex that was assigned to them at birth.
 Queer: An umbrella term sometimes used to refer to a person whose attraction and/or identity goes beyond the
traditional definitions associated with sexual orientation and gender identity. Different people use this term to mean
different things.
 Questioning: Refers to a person who is questioning their sexual orientation or gender identity
 Intersex: Refers to a person whose sexual anatomy or chromosomes do not fit with the traditional markers of “female”
or “male”
 Pansexual: Refers to a person who is sexually or emotionally attracted to people of any sex or gender identity.
 2-Spirit: A tradition in many First Nations that considers sexual minorities to have both male and female spirits
 Asexual: Refers to a person who does not identify with any sexual orientation
 Ally: A straight and cisgender person who supports equality for all.
 Places or Circumstances where
Gender-Based Sexual Harassment
can be committed

1. Streets and Public Places

2. Online
3. Workplaces
4. Educational and Training Institution
 Public Places
 Places that are considered “public,” include but are not limited
to:
1. Streets 7.
Bars
2. Alleys 8.
Restaurants
3. Public parks 9.Transportation
terminals
4. Schools 10. Public
markets, and
All Gender Toilet
in Public Places
 1. Streets and Public Spaces Harassment
The unwanted comments, gestures, and actions forced on a person in a public space without their
consent and is directed at them because of their actual or perceived sex, gender, gender expression,
or sexual orientation and identity regardless of the motive for committing such action or remarks.
1. unwanted cursing 8. comments and demands,
2. wolf-whistling 9. following
3. cat-calling 10. flashing
4. Leering 11. public
masturbation
5. Sexist, homophobic or 12. groping
Transphobic slurs 13. stalking
6. persistent telling of sexual jokes 14. and all analogous cases of sexual
7. use of sexual names harassment and/or assault
 Punishable Acts and Penalties
The specific acts that constitute harassment are divided into
three types of violations: light, medium, and severe. They
also have different penalties. (Section 11)
A. Light violations – Cursing, wolf-whistling, cat-calling,
leering; persistent requests for name and contact details; the
use of words tending to ridicule on the basis of actual or
perceived sex, gender expression, or sexual orientation and
identity including sexist, homophobic and transphobic slurs;
or the persistent telling of sexual jokes.
 Penalties:
 A first-time offender will be subject to a P1,000 fine
and/or an eight-hour community service;
 a second offense involves imprisonment (six to ten
days) or a P2,000 fine;
 a third offense involves imprisonment (11 to 30 days)
or a P3,000 fine.
B. Medium violations – 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.
 Penalties:
 Punishment for the first offense is a P3,000
fine and/or eight-hour community service;
 second offense involves 11 to 30 days in
prison or a P4,000 fine;
 and the third offense shall be punished
by one to six months of imprisonment or a
P5,000 fine.
C. Severe violations – Stalking; all the acts mentioned
under the light and medium violations, when
accompanied by touching, pinching, or brushing against
the body of a person; or any touching, pinching, or
brushing against the genitalia, anus, groin, breasts, inner
thighs, face, or buttocks even when not accompanied by
acts mentioned under the light and medium violations.
 Penalties:
 The first offense involves 11 to 30 days of
imprisonment or a P4,000 fine, provided that it
includes attendance in a Gender Sensitivity
Seminar;
 the second offense, one to six months in prison or a
P5,000 fine;
 and the third offense also involves one to six
months in prison or a P10,000 fine.
 Qualified Gender-Based Streets, Public Spaces
and Online Sexual Harassment
 If the act takes place in a common carrier or puv, including, but not limited to, jeepneys, taxis,
tricycles, or app-based transport network vehicle services (TNVS), where the perpetrator is the
driver of the vehicle and the victim is a passenger.
 If the offended party is a minor, a senior citizen, or a person with disability (PWD), or a
breastfeeding mother nursing his child.
 If the offended party is diagnosed with a mental problem tending to impair consent.
 If the perpetrator is a member of the uniformed service, such as PNP, AFP, and the act was
perpetrated while the perpetrator was in uniform.
 If the act takes place in the premises of a government agency offering frontline services to the
public and the perpetrator is a government employee.
 Enforcement of Safe Spaces Act
on Streets and Public Places
 The Metro Manila Development Authority (MMDA) and local units of
the PNP for other provinces will deputize enforcers to be “Anti-Sexual
Harassment Enforcers” (A-SHE). Once deputized, these officers will
address complaints on the street and apprehend offenders.
 For light and medium violations, A-SHEs may impose the fine on the
spot or issue orders for community service. Together with the Women
and Children’s Desk at PNP stations, A-SHEs will keep a ledger of
offenders of this act to keep track of each offender’s offenses (first,
second, or third).
 Safe Space Zones
Safe Space Zones will be established in:
1. restaurants,
2. bars,
3. cinemas,
4. malls,
5. Buildings,
6. and other privately-owned places open to the public
These establishments shall adopt a zero-tolerance policy against
harassment. These establishments should provide assistance to
victims of harassment by helping coordinate with local police
authorities in the immediate aftermath of the reported harassment,
making CCTV footage available, and providing a space gender-
sensitive environment to encourage victims to report harassment
at the first instance.
 2. Online Sexual Harassment
Gender-based online sexual harassment includes acts that
use information and communications technology in
terrorizing and intimidating victims through physical,
psychological, and emotional threats, unwanted sexual
misogynistic, transphobic, homophobic and sexist remarks
and comments online whether publicly or through direct
and private messages, invasion of victim’s privacy through
cyberstalking and incessant messaging, uploading and
sharing without the consent of the victim, any form of
media that contains photos, voice, or video with sexual
content, any unauthorized recording and sharing of any of
the victim’s photos, videos, or 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. (Section 12)
Penalties for Online Sexual Harassment

 The penalty of prision correccional in its medium

period or a fine of not less than One hundred
thousand pesos (₱100,000.00) but not more than
Five hundred thousand pesos (₱500,000.00), or
both, at the discretion of the court shall be imposed
upon any person found guilty of any gender-based
online sexual harassment.
 3. Workplace Sexual Harassment
 (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;
 (c) 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
 (d) 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. (Section 16)
Penalties for Workplace Sexual Harassment

 Any person who violates subsection (a) of this section,

shall upon conviction, be penalized with a fine of not less
than Five thousand pesos (₱5,000.00) nor more than Ten
thousand pesos (₱10,000.00).
 Any person who violates subsection (b) of this section,
shall upon conviction, be penalized with a fine of not less
than Ten thousand pesos (₱10,000.00) nor more than
Fifteen thousand pesos (₱15,000.00).
4. Educational and Training Institution Harassment

 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. (Section
21)
Penalties for Educational and Training Institution
Sexual Harassment
 Any person who violates subsection (a) of this section, shall upon conviction,
be penalized with a fine of not less than Five thousand pesos (₱5,000.00) nor
more than Ten thousand pesos (₱10,000.00).
 Any person who violates subsection (b) of this section, shall upon conviction,
be penalized with a fine of not less than Ten thousand pesos (₱10,000.00) nor
more than Fifteen thousand pesos (₱15,000.00).
 Minor students who are found to have committed acts of gender-based sexual
harassment shall only be held liable for administrative sanctions by the school
as stated in their school handbook.
 Prescriptive Period
Any action arising from the violation of any of the provisions of this Act
shall prescribe as follows:
 (a) Offenses committed under Section 11(a) (Light Violation) of this Act
shall prescribe in one (1) year;
 (b) Offenses committed under Section 11(b) (Medium Violation) of this
Act shall prescribe in three (3) years;
 (c) Offenses committed under Section 11(c) (Severe Violation) of this Act
shall prescribe in ten (10) years;
 (d) Offenses committed under Section 12 (Online)of this Act shall be
imprescriptible; and
 (e) Offenses committed under Sections 16 (Workplace) and 21
(Educational Institution) of this Act shall prescribe in five (5) years.
Thank you