Understanding the Safe

Spaces Act & Anti-

Hazing Law in the
ATTY. MARLOU JADE L. ELIAB,

PhilippinesJ.D.
San Pedro College
Office of Student Affairs
ELIAB Law & Consultancy
 Republic Act 11313
Safe Spaces Act
ATTY. MARLOU JADE L. ELIAB, J.D.
Assistant Head, Office of Student Affairs
ELIAB Law & Consultancy
 Objectives
1. Understand the spirit behind the enactment of R.A. 11313

2. Learn about the salient points of Safe Spaces Act

3. Review about the prohibited acts and corresponding penalties of

the offense

SEXUAL HARASSMENT IN WORK ENVIRONMENT

Catharine MacKinnon published her book
"Sexual Harassment of Working Women"
"Sexual harassment is discrimination 'based
on sex' within the social meaning of sex, as
the concept is socially incarnated in sex
roles. Pervasive and 'accepted' as they are,
these rigid roles have no place in the
allocation of social and economic
resources."
 Legal Baselines
Article II, 1987 Philippine Article II, 1987 Philippine
Constitution Constitution

Section 11. Section 14.

The State values the dignity of The State recognizes the role of
every human person and guarantees women in nation-building, and shall
full respect for human rights. ensure the fundamental equality
before the law of women and men.

SEXUAL HARASSMENT IN WORK ENVIRONMENT

 Legal Baselines
Article XIII, 1987 Philippine
Constitution

Section 1. The Congress shall give highest priority to

the enactment of measures that protect and enhance
the right of all the people to human dignity, reduce
social, economic, and political inequalities, and
remove cultural inequities by equitably diffusing
wealth and political power for the common good.
 Signed in 2019, the Republic Act 11313 or the
Safe Spaces Act/Bawal Bastos Law penalizes wolf
whistling, catcalling, misogynistic and
homophobic slurs, unwanted sexual advances, and
other forms of sexual harassment in public places,
workplaces, and schools as well as in online
spaces.

SEXUAL HARASSMENT IN WORK ENVIRONMENT

Gender-Based Sexual Harassment in the Workplace
includes the following:

• 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;
• 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 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

SEXUAL HARASSMENT IN WORK ENVIRONMENT

 • 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 [Article IV, Section 16, RA
11313].

SEXUAL HARASSMENT IN WORK ENVIRONMENT

Where committed?
• Gender-based streets and public
places harassment.
• Gender-based harassment in
restaurants and cafes, bars and
clubs, resorts and water parks,
hotels and casinos, cinemas,
malls, buildings, and other
privately-owned places open to
the public
Where committed?

• Gender-based harassment in
public utility vehicles

• Gender-based sexual
harassment in streets and
public spaces committed
by minors
Where committed?

• Gender-based online
sexual harassment
• Qualified gender-based
streets, public spaces,
and online sexual
harassment
Where committed?

• Gender-based sexual
harassment in the
workplace
• Gender-based sexual
harassment in
educational and
training institutions
ESCANDOR v. PEOPLE
G.R. No. 211962, 06 July 2020
• BOSS kept on telling her that he has fallen in love
with her and has been attracted to her for a long
time already, maliciously grabbing her hands,
embracing her
• planting a kiss on her forehead; telling her that if it
were possible, he would have prevented her marriage
with her husband;
• asking her for a date;
ESCANDOR v. PEOPLE
G.R. No. 211962, 06 July 2020
• BOSS groped her thigh;
• sending her winpop messages showing his amorous
concern for her;
• on the office Christmas party of 2002, by grabbing
her on a stairway and kissing her on the lips; giving
her gifts of chocolates, wine and a bracelet on that
same Christmas, and
• sending her text messages suggestive of sex
 First Degree Offenses
• Cursing, Catcalling, Wolf-whistling, Leering and
intrusive gazing
• Taunting, unwanted invitations
• Misogynistic, transphobic, homophobic, and sexist
slurs
• Persistent unwanted comments on one’s appearance
and requests for personal details
Penalty
1st offense: P1,000-fine and 12-hour community
service with Gender Sensitivity Seminar
2nd offense: 6-10 days in prison/P3,000 fine3rd
offense: 11-30 days in prison and P10,000-fine
 First Degree Offenses
• Use of words, gestures, or actions that ridicule on
the basis of sex, gender, or sexual orientation;
• identity and/or expression
• Persistent telling of sexual jokes
• Use of sexual names, comments, and demands
• Invasion of a person’s personal space or safety
Penalty
1st offense: P1,000-fine and 12-hour community
service with Gender Sensitivity Seminar
2nd offense: 6-10 days in prison/P3,000 fine3rd
offense: 11-30 days in prison and P10,000-fine
 First Degree Offenses Penalty

1st offense: P10,000-fine and 12-hour community

• Making offensive body gestures at someone
• Public masturbation
• Flashing of private parts
• Groping
• Similar lewd actions
service with Gender Sensitivity Seminar
2nd offense: 11-30 days in prison/P15,000 fine
3rd offense: 1 month and 1 day to 6 months in prison
and P20,000 fine
 First Degree Offenses
• Stalking
• Sexual advances, gestures
• Touching, pinching, or brushing against the
genitalia, face, arms, anus, groin, breasts, inner
thighs, face, buttocks, or any part of the
victim’s body
SEXUAL HARASSMENT IN WORK ENVIRONMENT
Penalty
1st offense: 11-30 days in prison/P30,000-fine with
attendance to Gender Sensitivity Seminar
2nd offense: 1 month and 1 day to 6 months in prison
and P50,000-fine
3rd offense: 4 months and 1 day to 6 months in
prison/P100,000-fine
 First Degree Offenses Penalty

• Physical, psychological, and emotional threats

The penalty of prision correccional in its
• Unwanted sexual misogynistic, transphobic,
medium period or a fine of not less than
homophobic, and sexist remarks and comments online
P100,000 but not more than P500,000
whether on public posts or through private messages
• Invasion of the victim’s privacy through cyber stalking
If the perpetrator is a juridical person, its
and incessant messaging
license or franchise will be revoked

SEXUAL HARASSMENT IN WORK ENVIRONMENT

 First Degree Offenses Penalty

• Recording or sharing any of the victim’s photos, videos,

The penalty of prision correccional in its
or information without permission– Impersonating
medium period or a fine of not less than
victims’ identities
P100,000 but not more than P500,000
• Posting lies about victims to harm their reputation, and
filing false abuse reports to online platforms to silence
If the perpetrator is a juridical person, its
victims
license or franchise will be revoked

SEXUAL HARASSMENT IN WORK ENVIRONMENT

Duties of Employees and Co-Workers
1. Refrain from committing acts of gender-
based sexual harassment;
2. Discourage the conduct of gender-based
sexual harassment in the workplace;
3. Provide emotional or social support to
fellow employees, co-workers, colleagues
or peers who are victims of gender-based
sexual harassment; and
4. Report acts of gender-based sexual
harassment witnessed in the workplace
[Article IV, Section 18, RA 11313].
Routine inspections
Yearly spontaneous inspections shall
be conducted to ensure compliance
of employers and employees with
their obligations. is treated equally:

Who conducts?

1. DOLE – for private sector;

2. CSC – for public sector.
E_O_ION_L S_PP_RT
C_T_A_LIN_G &
S_X_AL HA_A_ _ME_T
 ANTI-HAZING
LAW
R.A. 11053
ATTY. MARLOU JADE L. ELIAB, J.D.
Assistant Head, Office of Student Affairs
ELIAB Law & Consultancy
Nganong naa may
Anti Hazing Law?
 Objectives
1. To completely prohibit all forms of hazing and regulate other forms of
initiation rites of fraternities, sororities, and other organizations;

2. To strengthen the existing mechanism for deterrence of the commission of

crimes in the conduct of initiation rites of fraternities, sororities, and other
organizations;

3. To provide rules in the conduct of initiation rites and;

4. To provide rules in case hazing is committed in the conduct of initiation rites

of fraternities, sororities, and other organizations.
Legal Baseline
What is HAZING?
1. Any act that results in physical or
psychological suffering, harm, or injury
inflicted on a recruit, neophyte, applicant, or
member as part of an
o initiation rite or practice made as a
o prerequisite for admission or a
requirement for continuing membership in
a fraternity, sorority, or organization
Including but not limited to
o paddling, whipping, beating, branding,
forced calisthenics, exposure to the
weather,
o forced consumption of any food, liquor,
beverage, drug or other substance, or any
o other brutal treatment or forced physical
activity which is likely to adversely affect the
physical and psychological health of such
recruit, neophyte, applicant, or member.
This shall also include any activity, intentionally
made or otherwise,
o by one person alone or acting with others,
that
o tends to humiliate or embarrass, degrade,
abuse, or endanger,
o by requiring a recruit, neophyte, applicant, or
member to do mental, silly, or foolish tasks.
 What is
INITIATION
RITES?
o Ceremonies, practices, rituals, or other acts,
whether formal or informal, that a person
must perform or take part in order to be
accepted into fraternity, sorority,
organization as a full-fledged member.
o It includes ceremonies practices, rituals, and
other acts in all stages of membership in a
fraternity,sorority.
 VILLAREAL VS. PEOPLE
February 1, 2012
In February 1991, seven freshmen law students
(including Leonardo "Lenny" Villa) of the Ateneo de
Manila University School of Law signified their
intention to join the Aquila Legis Juris Fraternity
(Aquila Fraternity).
 1 Day of Initiation
st

• Indian Run – which required the neophytes to run a

gauntlet of two parallel rows of Aquilans, each row
delivering blows to the neophytes;
• Bicol Express – which obliged the neophytes to sit on
the floor with their backs against the wall and their
legs outstretched while the Aquilans walked, jumped,
or ran over their legs;
 1 Day of Initiation
st

• Rounds – in which the neophytes were held at the back of

their pants by the "auxiliaries" (the Aquilans charged with
the duty of lending assistance to neophytes during
initiation rites), while the latter were being hit with fist
blows on their arms or with knee blows on their thighs by
two Aquilans; and
• Auxies’ Privilege Round – in which the auxiliaries were
given the opportunity to inflict physical pain on the
neophytes.
 2 Day of Initiation
nd

• On the morning of their second day, the neophytes were

made to present comic plays, play rough basketball, and
recite the Aquila Fraternity’s principles.
• Whenever they would give a wrong answer, they would be
hit on their arms or legs.
• Late in the afternoon, the Aquilans revived the initiation
rites proper and proceeded to torment them physically and
psychologically.
 What is an
ORGANIZATION?
o An organized body of people which includes,
but it is not limited to, any
• club,
• association,
• group,
• fraternity, and
• sorority.
o This term shall include the AFP, PNP, PMA,
PNPA, and other similar uniformed service
learning institutions (Sec. 2, RA. 11053).
School Covered?
o Colleges,
o universities, and
o other educational institutions
- Sec. 2, RA. 11053
PROHIBITION ON
HAZING
1. All forms of hazing shall be prohibited in fraternities,
sororities, and organizations in schools, including
citizens military training and citizens army training.
2. The prohibition shall apply to all other fraternities,
sororities, and organizations that are not school-based,
such as community-based and other similar fraternities,
sororities and organizations.
3. NOT a requirement for employment in any business or
corporation.
NOT Hazing!
The physical, mental, and practices to determine and
enhance the
• physical, mental, and psychological fitness of
prospective regular members of the AFP and the
PNP
• approved by the Secretary of National Defense
and National Commission, recommended by the
Chief of Staff of the AFP and Director General of the
PNP
 REGULATION OF
SCHOOL BASED
INITIATION RITES
The physical, mental, and practices to determine and
enhance the
• A written application to conduct initiation rites shall be
made to the proper authorities of the school,
• Indicate the place and date of the initiation rites and the
names of the recruits, neophytes, applicants to be
initiated.
• The initiation rites shall not last more than three (3) days.
• The application shall contain the names of the
incumbent officers of the fraternity, sorority, or
organization.
• Posted in the official school bulletin board, the bulletin
board of the office of the fraternity, sorority, or
organization, and two (2) other conspicuous places in
the school or in the premises of the organization.
• School authorities shall have the obligation to
disapproved the application to conduct initiation rites
that do not conform with any of the requirements of this
section.
• School officials shall have the authority to impose after
due notice and summary hearing, disciplinary sanctions,
in accordance with the school’s policy to reprimand,
suspension, exclusion, expulsion, to the head and all
other officers.
• All members of the fraternity, sorority, or organization,
who participated in the unauthorized initiation rites,
even if no hazing was conducted, shall also be
punished accordingly.
 Faculty Adviser
The person who is responsible for monitoring the
activities of the fraternity, sorority, or organization
established or registered.
In case of violation of any of the provisions of this Act, it
is presumed that the faculty adviser has knowledge and
consented to the commission of any of the unlawful acts
stated therein.
 REGISTRATION OF
COMMUNITY BASED AND
OTHER SIMILAR
FRATERNITIES, SORORITIES,
OR ORGANIZATIONS
• A written application to conduct the same shall be made to the
punong barangay in the barangay or municipal or city mayor
in the municipality or city where the community-based fraternity,
sorority, or organization is based;
• Indicate the place and date of the initiation rites and the names
of the recruits, neophytes, or applicants to be initiated;
• An undertaking that no harm or any kind shall be committed by
anybody during the initiation rites;
• A medical certificate of the recruit, neophyte, or applicant must
be attached to the application;
• The initiation rites shall not last more than three (3) days;
• Names of the incumbent officers of the community-based
fraternity, sorority, or organization and any person or persons
who will take charge in the conduct of initiation rites;
• The application shall be under oath with a declaration that
it has been posted on the official bulletin board of the
barangay hall or the municipal or city hall
• The application shall be posted from the time of submission
of the written notice to the punong barangay or municipal or
city (Sec. 10, RA. 11053)
JUAN: SIR, NAA MAN
CONSENT UG WAIVER
SA APPLICANT.
 Nullity of Waiver and Consent
Any form of approval, consent, or agreement,
whether written or otherwise, or of an express
waiver of the right to object to the initiation rite or
proceeding made by a recruit, neophyte, or
applicant prior to an initiation rite that involves
inflicting physical or psychological suffering, harm,
or injury, shall be VOID and without any binding
effect on the parties.

SEXUAL HARASSMENT IN WORK ENVIRONMENT

JUAN: Sir, kinsa pod and
pwede mamahimong
LIABLE?
1. The owner or lessee of the place where
hazing is conducted shall be liable as
principal.
2. If the hazing is held in the home of one of
the officers or members of the fraternity,
sorority, or organization, the parents shall
be held liable as principals.
The school authorities including faculty members as well as
barangay, municipal, or city officials shall be liable as an
accomplice and likewise be held administratively accountable
for hazing conducted by the fraternities, sororities, other
organizations,
• if it can be shown that the school or barangay, municipal,
or city officials allowed or consented to the conduct of
hazing
• such officials failed to take an action to prevent the
same from occurring or failed to promptly report to the
law enforcement authorities if the same can be done
without peril to their person or their family.
 JUAN: Nitan-aw ra
man ko sa initiation sir.
 Nullity of Waiver and Consent
• The presence of any person, even if such person is not a
member of the fraternity, sorority, or organization,
during the hazing is prima facie evidence of
participation therein as a principal
• Unless such person or persons prevented the
commission of the acts punishable herein or promptly
reported the same to the law enforcement authorities if
they can do so without peril, to their person or their
family.
FUERTES v. THE SENATE OF THE PHILIPPINES, HOUSE OF
REPRESENTATIVES, DEPARTMENT OF JUSTICE (DOJ), et al.
G.R. No. 208162, 07 January 2020

• Those group members who do not actually

perform the hazing ritual, but who by their
presence incite or exacerbate the violence
being committed, may be principals either by
inducement or by indispensable cooperation.
ORG Officer: Wala man ko
ato nga time pagkahitabo sa
initiation, Sir.
 Joint Liability
• The incumbent officers of the fraternity,
sorority, or orga nization concerned shall
be jointly liable with those members who
actually participated in the hazing.
Thank you!