Atty.

Therese Mary “Tet”Magdaluyo, RN

 Implementing
Safe Spaces Act
Rules and
or the "Bawal
Regulations
Bastos Act" was
(IRR was
signed into law
approved Oct.
last April 17, 2019
28,2019)
OBJECTIVE To address
existing gaps and
S issues on equality, To address
security and Gender- Based
safety of both men Sexual
and women in Harassment
private and public (GBSH)
spaces.
 The law covers all forms of
gender- based sexual
harassment (GBSH)
committed in public spaces,
educational
or training institutions, workplace,
as well as online space.
 GBSH in street and public spaces is
defined as acts which are committed
through any unwanted and uninvited
sexual actions or remarks against any
person regardless of the motive for
committing such action or
remarks.
 streets and alleys spaces used as evacuation
roads and centers
sidewalks public utility vehicles (PUVs)
buildings
public vehicles covered by app-
restaurants and based transport network service
cafe recreational spaces such as , but not
public parks limited to: cinema halls, theaters and
government offices
schools and spa, bars and clubs, resort and water
churches
malls and public parks, hotels and casinos, internet
markets shops
public
washrooms all other areas, regardless of
ownership, openly accessible or
a. Catcalling or unwanted remarks
directed towards a person,
commonly done in the form of
wolf- whistling (paninipol),
misogynistic, transphobic,
homophobic, and sexist slurs, as
well as unwanted invitations;
 Sexist
remarks

or slurs-statements
that are indicative of
prejudice,
stereotyping, or
discrimination on the
basis of sex, typically
against women
 Homophobic remarks
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.
 Homophobic remarks

Homophobic remarks
 Transphobi
Misogynistic remarks
c remarks
or slurs- statements that are or slurs-statements that
indicative of the feeling of are indicative of fear,
hating women or the belief hatred or aversion
that men are inherently towards persons whose
better than women gender identity and/or
expression do not conform
with their sex assigned at
birth.
Misogynistic remarks
b. Persistent
uninvited
comments or
gestures on a c. Relentless
person’s requests for
appearance; personal
details;
 d. Statement e. Public
of sexual masturbation or
comments and flashing of private
suggestions; parts, groping,
making offensive
body gestures at
someone, and other
similar lewd sexual
actions;
f. Any advances, whether
verbal or physical, that is
unwanted and has
threatened one’s sense of
personal space and
physical safety. This may
include cursing, leering
and intrusive gazing, and
taunting
g. Persistent
telling of sexual
jokes, use of
sexual names;
and
h. Stalking or 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.
Penalties vary according to the act of GBSH committed and
how often a person was convicted for violating the laws.
Penalties vary according to the act of GBSH committed and
how often a person was convicted for violating the laws.
 threats (physical, psychological, and emotional),
unwanted sexual misogynistic, transphobic,
Gender-based
homophobic and sexist remarks and comments
Online Sexual
online whether publicly or through direct and
Harassment
private messages;
includes acts that
invasion of the victim’s privacy through
use information
cyberstalking and incessant messaging;
and
communications
technology in
terrorizing and uploading and sharing without the consent of the
intimidating victim any form of media that contains photos,
victims through: voice, or video with sexual content;
Gender-based any unauthorized recording and
Online Sexual sharing of any of the victim’s
Harassment photos, videos or any information
includes acts that online;
use information
and impersonating identities of victims
communications online or posting lies about victims to
technology in harm their reputation; or
terrorizing and
intimidating filing false abuse reports to online
victims through: platforms to silence victims.
The penalty of online GBSH violation is prision correccional in its medium
period [imprisonment of six (6) months and one (1) day to two (2) years
and four (4) months] or a fine of not less than one hundred thousand
pesos (PHP 100,000.00) but not more than five hundred thousand pesos
(PHP 500,000.00), or both, at the discretion of the court.
If the perpetrator is a juridical person, its license or franchise shall be
automatically deemed revoked, and the persons liable shall be the officers
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 (foreigner) who commits gender-based online sexual
harassment shall be subjected to deportation proceedings after
serving sentence and payment of fines.
The victim can file a complaint directly with the National Bureau of
Investigation through its Cybercrime Division, the Philippine National Police
Anti-Cybercrime Group, or the Office of the Cybercrime of the Department
of Justice.
Practical tips in saving digital evidence and online report
Take note of the Uniform Resource Locator (URL) or the web address of the
website or social media account of the perpetrator
Make a printout of the content being complained of by opening a browser
(Google Chrome, Mozilla Firefox, etc.) on a laptop or desktop, going to the
pertinent account/page, and print the said webpage.
Contact authorities via PNP’s Anti-Cybercrime Group e-complaint desk
at https://acg.pnp.gov.ph/eComplaint/ or through their complaint action
centers.
 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
Gender- verbally, physically or through the use of technology such as text messaging
based or electronic mail or through any other forms of information and
communication systems, that has or could have a detrimental effect on the
sexual
conditions of an individual’s employment or education, job performance or
harassment opportunities;
in the
workplace B. a conduct of sexual nature and other conduct based on sex affecting the
includes the dignity of a person, which is unwelcome, unreasonable, and offensive to the
following: 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
Gender- and creates an intimidating, hostile or
based humiliating environment for the recipient.
sexual
harassment
in the Workplaces include all sites, locations, spaces, where
work is being undertaken by an employee within or
workplace
outside the premises of the usual place of business
includes the of the employer.
following:
Yes. The first law to penalize sexual harassment, Anti- Sexual
Harassment Act of 1995 (Republic Act No. 7877) recognized that
sexual harassment occurs in work, education, and training
environments. However, it requires the existence of authority,
influence or moral ascendancy between the offender and the
offended party. It did not specifically address the issue of “hostile
environment” resulting from sexual harassment between peers
or co- employees, or those committed against a superior. The
Safe Spaces Act addresses these gaps by recognizing that sexual
harassment can be committed between peers, or by a
subordinate to a superior officer.
The victim can file an administrative
complaint with the Committee on Decorum
and Investigation (CODI) and/or file a civil
and/or criminal case before the courts.
 Under the Safe Spaces Act, employers must:
a. disseminate or post in a conspicuous place 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 an independent internal mechanism or a committee on decorum and
investigation (CODI) to investigate and address complaints of gender-based sexual
harassment;
d. develop and disseminate, in consultation with all persons in the workplace, a code of
conduct or workplace policy which shall:
e. Expressly reiterate the prohibition on gender-based sexual harassment;
f. Describe the procedures of the internal mechanism;
g. Set administrative penalties.
What are
The same requirements and corresponding penalties
the duties of imposable upon employers are also applicable to heads of
heads of educational and training institutions. So these heads are
educational also required to disseminate the law, develop their own
Code of Conduct and establish and/or update the
and training composition of the CODI. Note that these heads have to
institutions harmonize the CODI for their employees and for their
under the students.

Safe Spaces
Act?
 In addition to such duties, it also requires them to:
designate an officer-in-charge to receive complaints regarding
violations of the law and forward them to the CODI;
impose administrative disciplinary measures for students who
commit acts of GBSH against their fellow students or teachers;
if a school knows or reasonably should know about acts of gender- based
sexual harassment or sexual violence being committed that creates a
hostile environment, the school must take immediate action to eliminate
the same acts, prevent their recurrence, and address their effects;
educate students from the elementary to tertiary level about the
provisions of the law and how they can report cases of gender- based
streets, public spaces and online sexual harassment committed against
them.
What are
the duties of
School heads and heads of training institutions covered
heads of
by the Commission on Higher Education (CHED),
educational Department of Education (DepED), and Technical
and training Education and Skills Development Authority (TESDA)
institutions shall comply with the standards set by the said
under the agencies.
Safe Spaces
Act?
 be composed of representatives from the school administration, the
The CODI to trainers, instructors, professors or coaches and students or trainees,
students and parents, as the case may be;
be
designate a woman as its head and not less than half of its members
established should be women;
by the be composed of members who should be impartial and not connected or
related to the alleged perpetrator;
education investigate and decide on the complaints within ten (10) days or less
and training upon receipt thereof;
observe due process;
institution protect the complainant from retaliation without causing her/him any
should: disadvantage, diminution of benefits, or displacement, and without
compromising his/her security of tenure; and
guarantee gender-sensitive handling of cases, and confidentiality to the
greatest extent possible.
Note: Minor students who are found to
commit GBSH shall be held liable for
administrative sanctions by the school,
as provided in their student handbook.
 https://www.youtube.com/watch?v=01-ZO_awBxk
https://www.scribd.com/presentation/533444647/Powerpoint- Presentation-of-Safe-
Spaces-Act-RA-11313
https://library.pcw.gov.ph/republic-act-11313-safe-spaces-act-or-the-
bawal-bastos-law/
https://library.pcw.gov.ph/brochure-safe-spaces-act-in-english/
https://library.pcw.gov.ph/vaw-puppet-web-series-episode-2-panatag- part-1/
https://library.pcw.gov.ph/vaw-puppet-web-series-episode-2-panatag- part-2/
https://www.youtube.com/watch?v=eaeDSTfxdmk
https://www.youtube.com/watch?v=01-ZO_awBxk
https://pcw.gov.ph/republic-act-no-11313-safe-spaces-act-bawal-bastos- law/?
fbclid=IwAR0xRY20-GZwDKAdlDqPUtdXV-
CfKPGkZETQQNac2OQCOXnb6ilUkIXgZ0I
https://www.slideshare.net/maricelabaya1/republic-act-no-11313-safe-spaces-act-
bawal-bastos-lawpptx?from_action=save
Thank you for listening!

Love,
Atty. Tet