SAFE SPACES ACT

Republic Act No. 11313

Atty. Christie Anne S. Conales

SITUATIONER
ᐒ 3 out of 5 women in the Philippines
experience harassment in their life (UN
Women and Social Weather Stations).
ᐒ 70% of the sexual harassment comes from
a total stranger.
ᐒ 58% of the sexual harassment happens on
the streets.
ᐒ 70% of the sexual harassment are
experienced in broad daylight where
hundreds of people can see and hear.
RATIONALE
ᐒ The law seeks to address the gaps in our legal
framework by recognizing that sexual harassment
can be committed between peers or by a
subordinate to a superior, by a student to a teacher
or by a trainee to a trainer.
ᐒ The law also outlines the additional duties and
corresponding liabilities for employers and
heads of schools and training institutions to
ensure that sexual harassment complaints in their
respective institutions are addressed appropriately.
ᐒ The law also penalizes sexual harassment which
also occurs in other environments, such as public
spaces and online platforms.
REPUBLIC ACT NO. 11313
‘SAFE SPACES ACT’
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
August 3, 2019
COMPARING SEXUAL HARASSMENT LAWS
RA 7877
ANTI-SEXUAL HARASSMENT ACT OF 1995
Punishes:
Work and education-related
harassment
• It must be committed either in work-related or
employment environment or in education or
training environment.
• The offender must have authority, influence, or
moral ascendency over the victim in a work or
training environment.
• Sexual favor is made as a condition:
⚫ In the hiring or in the employment, re-employment,
or continued employment of said individual, or in
granting said individual favorable compensation,
terms or conditions, promotions, or privileges; or the
refusal to grant the sexual favor results in limiting,
segregating, or classifying the employee which in any
way would discriminate, deprive, or diminish
employment opportunities or otherwise adversely
affect said employee.
⚫ To the giving of a passing grade, or the granting of
honors and scholarships, or the payment of a stipend,
allowance or other benefits, privileges, or
consideration, or when it results in an intimidating,
hostile or offensive environment for the student
trainee, or apprentice.
RA 11313
SAFE SPACES ACT OF 2019
Punishes:
Gender-based sexual harassment
• It is committed through any unwanted or
uninvited sexual actions or remarks against any
person regardless of the motive for committing
such action or remark.
• It can be committed in streets, public places,
and privately-owned establishments open to
the public, and online.
• It can be committed in the workplace, and in
educational and training institutions.
• The offender is not limited to persons in
authority.
• In a workplace or school setting, it may
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.
RA 7877
ANTI-SEXUAL HARASSMENT ACT OF 1995
Punishes: Work and education-related harassment
It must be committed either in work-related or employment
environment or in education or training environment.

The offender must have authority, influence, or moral

ascendency over the victim in a work or training environment.

Sexual favor is made as a condition in work or employment,

education, or training.
RA 11313
SAFE SPACES ACT OF 2019
Punishes: Gender-based sexual harassment
It is committed through any unwanted or uninvited sexual
actions or remarks against any person regardless of the motive
for committing such action or remark.

It can be committed in streets, public places, and privately-

owned establishments open to the public, and online.

It can be committed in the workplace, and in educational and

training institutions.

The offender is not limited to persons in authority.

NATIONAL BODIES TO
OVERSEE IMPLEMENTATION

Department of Department of
Philippine
the Interior and Information and
Commission on
Local Communications
Women
Government Technology
Who are responsible for the
implementation of the law?

Private LTO and LTFRB

establishments (for acts
(zero-tolerance committed in
policy) PUVs)

PNP’s Anti-
LGUs Cybercrime
(ordinance and Group
enforcement) (for acts done
online)
 PUNISHABLE ACTS IN
STREETS AND IN PUBLIC
SPACES
Cursing, wolf-
whistling catcalling,
leering and intrusive
gazing, taunting,
unwanted invitations
Misogynistic, Relentless requests for
Persistent unwanted one’s personal details
transphobic,
comments on one’s such as name, contact, and
homophobic, and appearance social media details or
sexist slurs destination

Use of sexual Any statement that has made an

Persistent telling of invasion on a person’s personal
sexual jokes
names, comments, space or threatens the person’s Stalking
and demands sense of personal safety

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
Any touching, pinching, or brushing
against the genitalia, face, arms,
anus, groin, breasts, inner thighs,
buttocks, or any other part of the
victim’s body
What are public spaces?

Schools, buildings, Transportation

Streets and alleys,
malls, bars, terminals, public
public parks
restaurants markets

Public utility vehicles

Government as well as private
Spaces used as
vehicles covered by
evacuation centers offices app-based transport
network services

Other recreational
spaces such as, but
not limited to, cinema
halls, theaters, and
spas

Acts that use information and
communications technology in
terrorizing and intimidating victims
through physical, psychological, and
emotional threats
PUNISHABLE ACTS
ONLINE
Unwanted sexual, misogynistic, transphobic,
homophobic, and sexist remarks and comments online
whether publicly or through direct and private messages

Cyberstalking and
incessant messaging
Unauthorized recording
Uploading and sharing without the
and sharing of any of the
consent of the victim, any form of
victim’s photos, videos
media that contains photos, voice, or
or any information
video with sexual content
online

Impersonating identities Filing false abuse

Any statement that has made an
of victims online or
invasion on a person’s personal reports to online
posting lies about
victims to harm their
space or threatens the person’s platforms to silence
sense of personal safety victims
reputation
 PUNISHABLE ACTS IN THE
WORKPLACE
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 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 the 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
 PUNISHABLE ACTS IN THE
EDUCATIONAL AND
TRAINING INSTITUTIONS
Any of the acts classified as gender-based sexual
harassment are punishable, where done in an
educational or training institution, or involve
parties from the said institution.
PENALTIES
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
• Relentless requests for personal
details such as name, contact, and
social media details; or destination
• Use of words, gestures, or actions
that ridicule on the basis of sex,
gender, or sexual orientation; identity
and/or expression including sexist,
homophobic, transphobic statements
and slurs
• Persistent telling of sexual jokes
• Use of sexual names, comments, and
demands
• Any statement that has made an
invasion on a person's personal
space or threatens the person's sense
of personal safety

FREQUENCY PENALTY
Php 1,000 fine and 12-hour community service with
1st offense Gender Sensitivity Seminar
2nd offense 6 – 10 days in prison or Php 3,000 fine

3rd offense 11 – 30 days in prison and Php 10,000 fine

SECOND DEGREE OFFENSES
• Making offensive body
gestures at someone
• Public masturbation
• Flashing of private parts
• Groping
• Similar lewd actions

FREQUENCY PENALTY
Php 10,000 fine and 12-hour community service with
1st offense Gender Sensitivity Seminar
2nd offense 11 – 30 days in prison or Php 15,000 fine

3rd offense 1 month and 1 day to 6 months in prison and Php 20,000 fine
THIRD DEGREE OFFENSES
• Stalking
• Sexual advances, gestures,
and statements mentioned
previously with pinching or
brushing against the body of
the offended person
• Touching, pinching, or
brushing against the
genitalia, face, arms, anus,
groin, breasts, inner thighs,
face, buttocks, or any part of
the victim's body

FREQUENCY PENALTY
11 – 30 days in prison or Php 30,000 fine with attendance to Gender
1st offense Sensitivity Seminar
2nd offense 1 month and 1 day to 6 months in prison and Php 50,000 fine

3rd offense 4 months and 1 day to 6 months in prison or Php 100,000 fine
 ONLINE SEXUAL HARASSMENT
• Unwanted sexual that contains photos, voice,
misogynistic, transphobic, or video with sexual content
homophobic, and sexist • Unauthorized recording and
remarks and comments sharing of any of the victim's
online whether publicly or photos, videos, or any
through direct and private information online
messages
• Impersonating identities of
• Invasion of victim's privacy victims online or posting lies
through cyberstalking and about victims to harm their
incessant messaging reputation
• Uploading and sharing • Filing false abuse reports to
without the consent of the online platforms to silence
victims, any form of media victims
PENALTY
2 years, 4 months, and 1 day to4 years and 2 months in prison or Php
100,000 to Php 500,000 fine, or both
REFERENCES
• Philippine Law Journal
(https://www.facebook.com/philippinelawjournal/)
• Philippine Commission on Women
(https://www.pcw.gov.ph/)
• Global Database on Violence Against Women
(http://evaw-global-database.unwomen.org/)