Question & AnswerQ&A (Republic Act No. 11313)
Republic Act No. 11313 is known as the "Safe Spaces Act."
The State values the dignity of every human person, guarantees full respect for human rights, recognizes the role of women in nation-building, and ensures equality, security, and safety for men and women in public spaces, workplaces, and online environments.
Catcalling refers to unwanted remarks directed towards a person, commonly in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs.
An employee is a person who, for remuneration, agrees to perform specified services for another person, natural or juridical, public or private, who exercises fundamental control over the work, regardless of the term or duration of the agreement. Those under subcontracting or secondment agreements are also considered employees.
Public spaces include streets, alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals, public markets, evacuation centers, government offices, public utility vehicles, app-based transport service vehicles, and recreational spaces like cinemas, theaters, and spas.
Examples include catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic, sexist slurs, persistent uninvited comments or gestures on appearance, requests for personal details, public masturbation, flashing private parts, groping, and other unwanted advances that threaten personal space and safety.
LGUs must pass ordinances localizing the Act within 60 days, disseminate the law, provide prevention measures and information campaigns, impose fines, establish anti-sexual harassment hotlines, and coordinate with the Department of the Interior and Local Government (DILG) for implementation.
The first offense is punishable by a fine of One thousand pesos (P1,000) and 12 hours of community service inclusive of attendance at a Gender Sensitivity Seminar conducted by the PNP, LGU, and PCW.
Any person guilty of gender-based online sexual harassment shall be penalized by prision correctional in its medium period or a fine of not less than One hundred thousand pesos (P100,000) but not more than Five hundred thousand pesos (P500,000), or both, at the court's discretion.
The Philippine National Police Anti-Cybercrime Group (PNP-ACG) is primarily responsible for receiving complaints and enforcing the law on gender-based online sexual harassment, with coordination from the Cybercrime Investigation and Coordinating Center (CICC) of the DICT.
Qualified cases include when the act occurs in public utility vehicles where the perpetrator is the driver, the offended party is a minor, senior citizen, PWD, or breastfeeding mother, the offended party has a mental condition impairing consent, the perpetrator is in uniform and belongs to uniformed services, or when it occurs in government agency premises with a government employee.
Employers must post the law conspicuously, conduct preventive measures like seminars, create an independent investigation committee, ensure the committee is impartial and gender-sensitive, develop a workplace policy prohibiting sexual harassment, and set administrative penalties.
Employers who fail to perform their duties to prevent or address sexual harassment can be fined from Five thousand pesos (P5,000) to Fifteen thousand pesos (P15,000) depending on the violation.
Schools must designate officers to receive complaints, provide a gender-sensitive environment for victims, adopt grievance procedures, investigate known or suspected cases, eliminate hostile environments, and create a Committee on Decorum and Investigation (CODI) for handling sexual harassment complaints.
(1) First offense: Fine of Ten thousand pesos (P10,000) and 12 hours of community service including a Gender Sensitivity Seminar. (2) Second offense: Arresto menor (11 to 30 days) or a fine of Fifteen thousand pesos (P15,000). (3) Third offense: Arresto mayor (1 month and 1 day to 6 months) and a fine of Twenty thousand pesos (P20,000).
No, such acts are exempt from penalties under the Safe Spaces Act.