SAFE SPACES ACT

Governing Law:
REPUBLIC ACT NO. 11313: An Act Defining Gender-Based Sexual Harassment in
Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions,
Providing Protective Measures and Prescribing Penalties Therefor

When does the Safe Space Act took effect? August 3, 2019.

What is the Safe Spaces Act about?

It is a law that aims to make our streets and public spaces and the internet safe from
gender-based sexual harassment by criminalizing gender-based sexual harassment
(GBSH) in these spaces. It also criminalizes GBSH among peers in education, training
and employment.

Note: It did not repeal or amend the Anti-sexual Harassment Act but merely covers
those acts of sexual harassment that are not covered by the definition of a crime of
sexual harassment under R.A. 7877.

Difference between Safe Spaces Act and Anti-Sexual Harassment Act

ANTI-SEXUAL HARASSMENT ACT SAFE SPACES ACT
limited to the context of work, education, also covers the streets, public spaces,
and/or training internet or cyberspace;
address against the commission of directly addressed against the
harassment based on place of commission of harassments that are
commission and based on authority and gender-based
influence
crime of sexual harassment under the Does not require that the offender has
Anti-Sexual Harassment Act requires that authority, influence or moral ascendancy
the offender has authority, influence or over the victim
moral ascendancy over the victim

What is gender-based sexual harassment or GBSH?

It refers to conducts that cause or likely to cause mental, emotional or psychological
distress to a person on the basis of gender, gender identity and/or expression. It is
committed through “any unwanted and uninvited sexual actions or remarks against any
person regardless of the motive for committing such action or remarks”.

Under the Safe Spaces Act, in what specific spaces are GBSH criminalized?
1) Streets and public spaces
2) Online or cyberspace
3) Workplace
4) Educational and training institutions

It is not limited to government-owned or public spaces but likewise include privately-

owned areas, spaces or buildings that are open to the public. It also includes public
utility vehicles (jeeps, buses, etc.) as well as private vehicles covered by app-based
transport network services (Grab, Angkas, etc.).
Examples: Malls, restaurants, churches, schools, cinema halls, spas, bars and clubs,
resorts, hotels, and casinos, among others.

What are the acts considered as Gender-Based Sexual Harassment Acts

 a. Catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic,
homophobic, and sexist slurs;
o homophobic remarks or slurs - Statements in whatever form or however
delivered, which are indicative of fear, hatred, or aversion towards persons
who are perceived to be or actually identify as lesbian, gay, bisexual, queer,
pansexual 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
o misogynistic remarks or slurs - Statements in whatever form or however
delivered that are indicative of the feeling of hating women or the belief
that men are inherently better than women
o sexist remarks or slurs - Statements in whatever form or however delivered
that are indicative of prejudice, stereotyping, or discrimination on the basis
of sex, typically against women
o transphobic remarks or slurs - Statements in whatever form or however
delivered that are indicative of fear, hatred, or aversion towards persons
whose gender identity and/or expression do not conform with their sex
assigned at birth
o catcalling - Unwanted remarks, directed towards a person, commonly done
in the form of wolf- whistling and misogynistic, transphobic, homophobic,
and sexist slurs
o stalking - Conduct directed at a person involving the repeated visual or
physical proximity, non- consensual communication, or a combination
thereof that cause or will likely cause a person to fear for one’s own safety
or the safety of others, or to suffer emotional distress

b. Persistent uninvited comments or gestures on a person’s appearance;

c. Relentless requests for personal details;
d. Statements of sexual comments and suggestions;
e. Public masturbation or flashing or private parts;
f. Groping, making offensive body gestures at someone, and similar lewd sexual
actions;
g. Persistent telling of sexual jokes;
h. Stalking

How is a citizen arrest applied in GBSH?

A security personnel or a person who witnessed the crime may conduct a citizen’s arrest
and apprehend the perpetrator under the following circumstances:
a. When in the presence of the private person, the person to be arrested has
committed, is actually committing or is attempting to commit GBSH; and
b. When GBSH has in fact just been committed, and the private person has personal
knowledge of facts indicating that the person to be arrested has committed it.

What if the GBSH is committed by minor?

The Department of Social Welfare and Development (DSWD) shall take necessary
disciplinary measures and subject the minor offender to the diversion program under
the Juvenile Justice and Welfare Act of 2006 (R.A. 9344).

What are the duties of the local government units (LGUs) under the law?
a. Pass an ordinance localizing the applicability of the law;
b. Establish an anti-sexual harassment hotline;
c. Establish a referral system for complainants;
 d. Provide training for barangay officials;
e. Set up Anti-Sexual Harassment (ASH)
a. desks in all barangays; and
f. Create mechanisms for handling and documentation of complaints including
those in cases covered by the Katarungang Pambarangay system, among others.
(Section 9, IRR of R.A. 11313)

What are the National bodies responsible for overseeing the implementation
of the law?
a. The Philippine Commission on Women (PCW),
b. the Department of the Interior and Local Government (DILG) and t
c. he Department of Information and Communications Technology (DICT)

What bodies are authorized to apprehend perpetrators of gender-based

streets and public spaces sexual harassment and enforce the law?
a. The Metro Manila Development Authority (MMDA)
b. local units of the Philippine National Police (PNP) for other provinces,
c. and the Women and Children’s Protection Desk (WCPD) of the PNP, provided that
they have undergone Gender Sensitivity Training.

What are the Penalties for gender- based streets and public spaces sexual
harassment?
Depending on the gravity of the offense as well the frequency of commission, penalties
for gender-based streets and public spaces sexual harassment range from a Php
1,000.00-fine and 12 hours of community service, inclusive of attendance to a Gender
Sensitivity Seminar, at least, to arresto mayor (one month and one day to six months
imprisonment) or a fine of Php 100,000.00, at most.

The harshest penalty is reserved to a person who, for the third time, commits an act,
like stalking, accompanied by touching, pinching, or brushing against the genitalia, face,
arms, anus, groin, breasts, inner thighs, buttocks or any part of the victim’s body.

GENDER-BASED ONLINE SEXUAL HARASSMENT

How is gender-based online sexual harassment committed?

Gender-based online sexual harassment includes acts that use information and
communications technology in terrorizing and intimidating victims through:
a. Physical, psychological, and emotional threat;
b. Unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and
comments online whether publicly or through direct and private messages;
c. Invasion of victim’s privacy through cyberstalking and incessant messaging;
d. Uploading and sharing without the consent of the victim, any form of media that
contains photos, voice, or video with sexual content;
e. Any unauthorized recording and sharing of any of the victim’s photos, videos, or
any information online;
f. Impersonating identities of victims online or posting lies about victims to harm
their reputation;
g. Filing false abuse reports to online platforms to silence victims.

Where can complaints for gender-based online sexual harassment be filed?

Complaints may be filed with the prosecution offices of the Department of Justice (DOJ),
the PNP Anti-Cybercrime Group, or the National Bureau of Investigation (NBI).

What are the penalties imposable for gender-based online sexual

harassment?
The penalties for gender-based online sexual harassment is prision correccional in its
medium period (six months and one day to six years imprisonment) or a fine of not less
than Php100,000.00 but not more than Php500,000.00, or both, at the discretion of the
court.

GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE

What are GBSH in the workplace?

The crime of gender-based sexual harassment in the workplace includes the following:
a. Any unwelcome sexual advances, requests or demand for sexual favors or any
act of sexual nature 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;
c. A conduct that is unwelcome and pervasive and creates an intimidating, hostile
or humiliating environment for the recipient.

Note: “workplace” includes all sites, locations, spaces, where work is being undertaken
by an employee within or outside the premises of the usual place of business of the
employer.

Who are liable to commit GBSH in the workplace?

GBSH in the workplace may be committed between peers, and by a subordinate to a
superior officer or vice versa.

What are the duties of employers under the law?

Employers or other persons of authority, influence or moral ascendancy in the
workplace shall have the duty to prevent, deter, or punish the commission of acts of
GBSH in the workplace.

How shall employers comply with their above duties?

a. Disseminate a copy of the law to all persons in the workplace;
b. Provide measures to prevent GBSH in the workplace, such as the conduct of anti-
sexual harassment seminars;
c. Create a Committee on Decorum and Investigation (CODI) to investigate and
address complaints of GBSH;
d. Develop and disseminate a code of conduct or workplace policy which shall: (i)
expressly reiterate the prohibition on GBSH; (ii) describe the procedures or the
internal mechanism created to address complaints of GBSH; and (iii) set
administrative penalties.

What are the duties and responsibilities of employees or co-workers under the
law?
Employees and co-workers have the duty to:
a. Refrain from committing acts of GBSH;
b. Discourage the conduct of GBSH in the workplace;
 c. Provide emotional or social support to fellow employees, co-workers, colleagues
or peers who are victims of gender-based sexual harassment; and
d. Report acts of GBSH witnessed in the workplace.

How may reports of GBSH be made to the employer?

a. Reports may be referred to the employer or any agent of the employer.
b. It may be anonymous but the employer shall verify the matter and refer it to the
CODI for investigation.
c. If the complaint is made by the victim in her/his own name, it is immediately
treated as a formal complaint, in which case, it may be submitted directly to the
CODI.
d. The CODI then follows its set procedures and guidelines to investigate the
complaint.

What are the potential liabilities of employers under the law?

In addition to liabilities for committing acts of GBSH, employers may also be held
responsible for:
a. Non-implementation of their duties; or
b. Not taking action on reported acts of gender-based sexual harassment
committed in the workplace.

GENDER-BASED SEXUAL HARASSMENT IN EDUCATIONAL AND TRAINING

INSTITUTIONS
What are the specific obligations of educational and training institutions under the law?
a. Assign an office or person that must be readily accessible to receive complaints
on GBSH;
b. Any unauthorized recording and sharing of any of the victim's photos, videos, or
any information online;
c. Impersonating identities of victims online or posting lies about victims to harm
their reputation;
d. Filing false abuse reports to online platforms to silence victims.

Who are considered students under the Law?

Those who are enrolled full-time or part-time in regular courses or short-term and
special training offered by the educational or training institutions.

Who can commit GBSH in educational and training institutions?

GBSH may be committed by principals, school heads, teachers, instructors, professors,
coaches, trainers, or any person who has authority, influence or moral ascendancy over
another, students, and trainees.

What are the duties of school heads and heads of training institutions?
a. Disseminate a copy of the law;
b. Provide measures to prevent GBSH in educational institutions, like information
campaigns;
c. Create a CODI to investigate and address complaints of gender-based sexual
harassment;
d. Provide and disseminate, in consultation with all persons in the educational
institution, a code of conduct or school policy which shall:
i. Expressly reiterate the prohibition on gender-based sexual harassment;
ii. Prescribe the procedures of the internal mechanism created under this
Act; and
 iii. Set administrative penalties.

What are the potential liabilities of school heads and heads of training
institutions under the law?
In addition to liability for committing acts of GBSH, principals, school heads, teachers,
instructors, professors, coaches, trainers, or any other person who has authority,
influence or moral ascendancy over another in an educational or training institution may
also be held responsible for:
a. Non-implementation of their duties under Sec. 22 of R.A. 11313, as provided in
the penal provisions; or
b. Failure to act on reported acts of GBSH committed in the educational institution.

How is a minor student who committed acts of GBSH punished?

Minor students who are found to have committed acts of GBSH shall only be held liable
for administrative sanctions by the school as stated in their school handbook.

What are the prescriptive periods for filing cases for GBSH?
a) Offenses committed under Section 11(a) (catcalling, wolf-whistling, etc) shall
prescribe in one (1) year;
b) Offenses committed under Section 11 (b) (offensive body gestures, etc) shall
prescribe in three (3) years;
c) Offenses committed under Section 11(c) (stalking, other acts accompanied by
touching of any part of the victim’s body) shall prescribe in ten (10) years;
d) Offenses committed under Section 12 (gender-based online sexual harassment)
shall be imprescriptible;
e) Offenses committed under Section 16 (GBSH in the workplace) and 21 (GBSH in
educational and training institutions) shall prescribe in five (5) years.