QuestionsQuestions (Republic Act No. 11313)
The short title is the “Safe Spaces Act.”
It is an online conduct targeted at a particular person that causes or is likely to cause mental, emotional, or psychological distress and fear of personal safety, including unwanted sexual remarks/comments, threats, non-consensual uploading/sharing of photos, unauthorized video/audio recordings, cyberstalking, online identity theft, and similar acts committed publicly or through direct/private messages.
Catcalling refers to unwanted remarks directed toward a person, commonly done as wolf-whistling, and includes misogynistic, transphobic, homophobic, and sexist slurs.
Public spaces include streets and alleys; public parks; schools; buildings; malls; bars; restaurants; transportation terminals; public markets; spaces used as evacuation centers; government offices; public utility vehicles; private vehicles covered by app-based transport network services; and other recreational spaces like cinema halls, theaters, and spas.
It includes any unwanted and uninvited sexual actions or remarks, such as catcalling/wolf-whistling, unwanted invitations, sexist/transphobic/homophobic/misogynistic slurs, persistent uninvited comments or gestures about appearance, relentless requests for personal details, sexual suggestions, public masturbation/flashing, groping, and similar unwanted verbal or physical advances in public spaces, whether in open public areas or in specified establishments open to the public.
They must adopt a zero-tolerance policy; provide assistance to victims (coordinate with local police immediately upon reporting, make CCTV available when ordered by court, and provide a safe gender-sensitive environment encouraging early reporting). They must also install clearly-visible warning signs with the anti-sexual harassment hotline and designate at least one anti-sexual harassment officer to receive complaints; security guards may be deputized to apprehend perpetrators caught in flagrante delicto and must coordinate with authorities.
The LTO may cancel the perpetrator’s license, and the LTFRB may suspend or revoke the transportation operator’s franchise. If the perpetrator is the driver, it also constitutes breach of contract of carriage with a presumption of negligence on the part of the owner/operator in selection and supervision, making the owner/operator solidarity liable.
The DSWD takes necessary disciplinary measures under RA 9344 (Juvenile Justice and Welfare Act of 2006).
LGUs must: (a) pass a local ordinance within 60 days from effectivity; (b) disseminate/post a copy of the Act and corresponding ordinance in conspicuous places; (c) provide preventive measures in educational institutions (information campaigns/anti-harassment seminars); (d) discourage and impose fines; (e) create an anti-sexual harassment hotline; and (f) coordinate with DILG.
They may deputize enforcers as Anti-Sexual Harassment Enforcers (ASHE) who can apprehend perpetrators caught in flagrante delicto and receive complaints. The units must have undergone prior Gender Sensitivity Training (GST).
First offense: fine of ₱1,000 and 12 hours community service including attendance to a Gender Sensitivity Seminar. Second offense: arresto menor (6 to 10 days) or fine of ₱3,000. Third offense: arresto menor (11 to 30 days) and fine of ₱10,000.
First offense: fine of ₱10,000 and 12 hours community service with attendance to a Gender Sensitivity Seminar. Second offense: arresto menor (11 to 30 days) or fine of ₱15,000. Third offense: arresto mayor (1 month and 1 day to 6 months) and fine of ₱20,000.
It covers stalking and the acts in 11(a) and 11(b) when accompanied by touching/pinching/brushing against the body (and specifically enumerated areas, including genitalia and intimate areas), even when not accompanied by the verbal/physical advances in 11(a) and 11(b).
The penalty is prision correctional in its medium period or a fine of not less than ₱100,000 but not more than ₱500,000, or both, at the discretion of the court.
When: (a) act takes place in a common carrier/PUV where perpetrator is driver and offended party is passenger; (b) offended party is a minor, senior citizen, PWD, or breastfeeding mother nursing her child; (c) offended party has a mental problem tending to impair consent; (d) perpetrator is in uniformed services (PNP/AFP) and perpetrated while in uniform; or (e) act takes place in premises of a government agency offering frontline services and perpetrator is a government employee.
Employers must disseminate/post the Act; provide prevention measures (anti-harassment seminars); create an independent internal mechanism/committee to investigate complaints, with requirements: adequate representation, woman as head, at least half women, impartial members not connected/related to alleged perpetrator, decide/investigate within 10 days or less, observe due process, protect complainant from retaliation, and guarantee confidentiality to greatest extent possible. They must also provide a workplace code of conduct/policy and administrative penalties.
Offenses under Section 11(a) prescribe in 1 year; Section 11(b) in 3 years; Section 11(c) in 10 years; offenses under Section 12 (online) are imprescriptible; and offenses under Sections 16 and 21 prescribe in 5 years.