Amending Safe Spaces Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 26 FEB 23 P3:00 First Regular Session SENATE 1890 man. I N S. No. _ Introduced by Senator Robinhood Padilla AN ACT AMENDING REPUBLIC ACT NO. 11313, ENTITLED "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" AND FOR OTHER PURPOSES EXPLANATORY NOTE The 1987 Philippine Constitution underscores the vital role of women in nation- building and mandates equal treatment for all individuals, regardless of gender. This principle serves as the cornerstone for our legislative framework addressing sexual harassment. In accordance with the State policy to value the dignity of every human person and guarantee full respect for human rights, we must stand united in our commitment to ensure that justice and equality are not merely aspirations, but living principles that protect every individual, in every corner of our society, from harm, discrimination, and abuse. The Republic Act No. 7877 otherwise known as the "Anti-Sexual Harassment Act of 1995" was among the pioneering measures aimed at protecting both men and women from sexual harassment. The enactment of the Republic Act No. 11313 or the "Safe Spaces Act", also known as the Bawal Bastos Law, in 2019 marked a significant milestone in addressing gender-based sexual harassment. This law provides a comprehensive definition of such harassment, encompassing incidents that occur in

public spaces, streets, online platforms, workplaces, and educational or training institutions. It acknowledges that harassment can originate from any direction- superiors, peers, subordinates, students, or trainees. Despite these significant legislative advances, challenges persist. A key concern is the inadequacy of penalties for Gender-Based Sexual Harassment under current laws. The prescribed sanctions—a jail term ranging from one to six months, a fine of Ten Thousand to Twenty Thousand Pesos, or both—are not commensurate with the gravity of the offense or the harm it causes victims. It was further noted that some employers, particularly in large corporations, are able to circumvent their obligations under the Safe Spaces Act due to the relatively minimal fines currently prescribed. The insufficiency of these penalties diminishes their deterrent effect and fails to deliver justice proportionate to the offense. The proposed amendments to the Safe Spaces Act seek to address this by prescribing more appropriate penalties that align with the expanded definition of sexual harassment under the Act. These changes aim to provide justice that reflects the seriousness of such violations. In any form or setting, sexual harassment undermines the values of equality, security, and human dignity. It strikes at the very core of who we are as a people. If we are to be the inclusive, just society we aspire to be, we cannot stand idly by. We must recognize that as our society evolves, so too must our commitment to protecting every individual's right to live and work free from fear and intimidation. We must not only acknowledge these wrongs but actively work to correct them by strengthening our laws, raising awareness, and holding perpetrators accountable. In pursuit of safeguarding the dignity of every individual and ensuring the full respect of human rights, this proposed bill aims to strengthen and reinforce existing laws against sexual harassment by increasing penalties for perpetrators, especially in settings where the power dynamics between victim and perpetrator are imbalanced, and by placing emphasis in the rehabilitation, treatment, and welfare of the victim. It is for the above mentioned reasons that the passage of this measure is earnestly sought. ROBINHOOD PADILLA Senator Al

Senate Offer of the Brutary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 26 FEB 23 P3:01 First Regular Session ) SENATE RECEIVED BY: 1890 S. No. _ Introduced by Senator Robinhood Padilla AN ACT AMENDING REPUBLIC ACT NO. 11313, ENTITLED "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" AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Section 11, Article 1 of Republic Act No. 11313, otherwise known as

the "Safe Spaces Act" is hereby amended to read as follows: "Section 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets. - The following acts are unlawful and shall be penalized as follows: (a) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, pursuing, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted OR SEXUAL = comments on one's appearance, relentless requests for one's personal details such as name, contact and social media details or destination, the use of words, gestures or

• actions that ridicule on the basis of sex, gender or sexual orientation, identity and / or expression including sexist, homophobic, and transphobic statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands, and any statement that has made an invasion on a person's personal space or threatens the person's sense of personal safety, AND FOR ACTS SUCH AS MAKING OFFENSIVE BODY GESTURES AT SOMEONE - (1) The first offense shall be punished by a fine of [One thousand pesos (P1,000.00)] TEN THOUSAND PESOS (PHP10,000.00) and community service of twelve (12) hours inclusive of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by the PNP in coordination with the LGU and the PCW; (2) The second offense shall be punished by arresto menor [(6 to 10 days)] (15 TO 20 DAYS) AND a fine of [Three thousand pesos (P3,000.00)] TWENTY THOUSAND PESOS (PHP20,000.00); (3) The third offense shall be punished by arresto menor [(11 to 30 days)] (21 to 30 DAYS) and a fine of [Fen thousand pesos (P10,000.00)] THIRTY

THOUSAND PESOS (PHP30,000.00)- (b) [For acts such as making offensive body gestures at someone, and] FOR ACTS SUCH AS exposing OR FLASHING OF private parts [for the sexual gratification of the perpetrator] with the effect of demeaning, harassing, threatening or intimidating the offended party- (1) The first offense shall he punished by a fine of [Ten thousand pesos (P10,000.00)] THIRTY THOUSAND PESOS (PHP30,000.00) and community service of [tweive (12)] FORTY-EIGHT (48) hours inclusive of attendance to a Gender Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and the PCW; (2) The second offense shall be punished by arresto menor [(11 to 30 days)] (21 TO 30 DAYS) AND a fine of [Fifteen thousand pesos (P15,000.00)] FORTY THOUSAND PESOS (PHP40,000.00); (3) The third offense shall be punished by arresto mayor (1 month and 1 day to 6 months) and a fine of [Twenty thousand pesos (P20,000.00)] FIFTY THOUSAND PESOS (PHP50,000.00).

(c) FOR ACTS SUCH AS [flashing of private parts, public] masturbation, groping, and similar lewd sexual actions - (1) The first offense shall he punished by la fine of Ten thousand pesos (P10,000.00)] ARRESTO MAYOR (1 MONTH AND 1 DAY TO 6 MONTHS) AND A FINE OF SIXTY THOUSAND PESOS (PHP60,000.00) [and community service of twelve (12) TWENTY-FOUR (24) hours inclusive of attendance to a Gender Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and the PCW]; (2) The second offense shall be punished by [arresto menor (21 to 30 days)] ARRESTO MAYOR (1 MONTH AND 1 DAY TO 6 MONTHS) AND a fine of [Fifteen thousand pesos (P15,000.00)] PESOS SEVENTY THOUSAND (PHP70,000.00); (3) The third offense shall be punished by arresto mayor (1 month and 1 day to 6 months) AND a fine of [Twenty thousand pesos (P20,000.00)]. EIGHTY THOUSAND PESOS (PHP80,000.00). (d) For acts such as stalking, and any of the acts mentioned in

Section 11 paragraphs (a), [and] (b), AND (C) when

accompanied by touching pinching or brushing against the body of the offended person or any touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner AND OUTER thighs, WAIST, face, buttocks or any part of the victim's

body even when not accompanied by acts mentioned in Section 11 paragraphs (a), [and) (b), AND (C) - (1) The first offense shall be punished by [arresto menor (11 to 30 days) or a line of Thirty thousand pesos (P30,000.00), provided that it includes attendance in a Gender Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and the PCW;] ARRESTO MAYOR (1 MONTH AND 1 DAY TO 6 MONTHS) TO PRISION CORRECCIONAL 6 MONTHS AND 1 DAY TO SIX YEARS AND A = FINE OF EIGHTY THOUSAND PESOS (PHP80,000.00); (2) The second offense shall be punished by [arresto mayor (1 month and 1 day to 6 months) or a fine of Fifty thousand pesos (P50,000.00)]; ARRESTO MAYOR (1) MONTH AND 1 DAY TO 6 MONTHS) TO PRISION CORRECCIQNAL (6 MONTHS AND 1 DAY TO SIX YEARS) AND A FINE OF NINETY PESOS (PHP90,000.00); (3) The third offense shall be punished by [arresto mayor in its maximum period or a fine of One hundred thousand pesos (P100,000.00)."] PRISION CORRECCIONAL (6 MONTHS AND 1 DAY TO SIX YEARS AND A FINE OF ONE HUNDRED THOUSAND PESOS (PHP100,000.00).

Sec. 2. Sections 16, 17 and 19 of Article IV of the Safe Spaces Act are hereby

amended to read as follows:

"Sec. 16. Gender-Based Sexual Harassment in the Workplace. - The crime of gender-based sexual harassment in the workplace includes the following: (a) XXX (b) XXX (c) XXX (d) XXX (E) THE PENALTY OF PRISION CORRECCIONAL (6 MONTHS AND 1 DAY TO 6 YEARS) SHALL BE IMPOSED FOR ACTS COMMITTED UNDER PARAGRAPHS (A), (B), AND (C) OF THIS SECTION. WHERE THE OFFENDER POSSESSES AUTHORITY, INFLUENCE OR MORAL ASCENDANCY OVER THE OFFENDED PARTY, THE PENALTY IMPOSED SHALL BE IN ITS MAXIMUM PERIOD.

Sec. 17. Duties of Employers. - Employers or other persons

of authority, influence or moral ascendancy in a workplace shall have the duty to prevent, deter, or punish the performance of acts of gender-based sexual harassment in the workplace. Towards this end, the employer or person of authority, influence or moral ascendancy shall: (a) XXX (b) XXX (c) XXX (d) XXX

(E) SUBMIT AND REPORT ANY CASE OF SEXUAL HARASSMENT THAT IS BROUGHT TO THEIR ATTENTION, WHETHER FORMALLY OR INFORMALLY, TO THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) FOR THE PRIVATE SECTOR AND THE CIVIL SERVICE COMMISSION (CSC) FOR THE PUBLIC SECTOR, WITHIN A PERIOD OF SIXTY (60) DAYS FROM THE DATE THE CASE IS REPORTED TO THE EMPLOYER.

Sec. 19. Liability of Employers. - In addition to liabilities for

committing acts of gender-based sexual harassment, employers may also be held responsible for: (a) XXX (b) XXX (C) REFUSING TO PAY OR REDUCING THE WAGES AND BENEFITS, DISCHARGE, OR IN ANY MANNER DISCRIMINATE AGAINST ANY EMPLOYEE WHO HAS FILED ANY COMPLAINT OR INSTITUTED ANY PROCEEDING ON SEXUAL HARASSMENT COMMITTED IN THE WORKPLACE, OR HAS TESTIFIED, OR IS ABOUT TO TESTIFY, IN SUCH PROCEEDINGS. Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less than [Five] TWENTY-FIVE thousand pesos [(P5,000.00)] (PHP25,000.00) nor more than [Fen] FIFTY thousand pesos [(P10,000.00)] (PHP50,000.00).

Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less than [Ten] FIFTY thousand pesos [(P10,000.00)] (PHP50,000.00) nor more than [Fifteen] ONE HUNDRED thousand pesos [(P15,000.00)] (PHP100,000.00). ANY PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION, SHALL UPON CONVICTION, BE PENALIZED WITH A FINE OF NOT LESS THAN FIFTY THOUSAND PESOS (P50,000.00) NOR MORE THAN ONE HUNDRED THOUSAND PESOS (P100,000.00)." 11 Sec. 3. Sections 22 to 23, Article V of the Safe Spaces Act is hereby amended to read as follows: "Sec. 22. Gender-Based Sexual Harassment in the Workplace. - The crime of gender-based sexual harassment in the workplace includes the following: (a) XXX (b) XXX (c) XXX (d) xxX (E) THE PENALTY OF PRISION CORRECCIONAL (6 MONTHS AND 1 DAY TO 6 YEARS) SHALL BE IMPOSED FOR ACTS COMMITTED UNDER PARAGRAPHS (A), (B), AND (C) OF THIS SECTION. WHERE THE OFFENDER POSSESSES AUTHORITY, INFLUENCE OR MORAL ASCENDANCY OVER THE OFFENDED PARTY, THE PENALTY

IMPOSED SHALL BE IN ITS MAXIMUM PERIOD. (F) UPON CONCLUSION OF THE INVESTIGATION INTO A SEXUAL HARASSMENT CASE, THE EDUCATIONAL OR TRAINING INSTITUTION SHALL LIKEWISE SUBMIT A DETAILED REPORT OF THE FINDINGS, THE FINAL DECISION, AND ANY ACTIONS TAKEN OR PROPOSED TO BE TAKEN IN RELATION TO THE CASE TO THE DEPARTMENT OF EDUCATION (DEPED), OR THE COMMISSION ON HIGHER EDUCATION (CHED), OR THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY (TESDA), AS THE CASE MAY BE, WITHIN SIXTY (60) DAYS FROM THE CONCLUSION OF THE INVESTIGATION.

Sec. 23. Liability of School Heads. - In addition to liability for

committing acts of gender-based sexual harassment, 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) XXX (b) XXX (C) ACTS OF DISCRIMINATION, IN WHATEVER FORM, COMMITTED AGAINST ANY STUDENT, TEACHER, OR WORKER WHO HAS FILED ANY COMPLAINT OR INSTITUTED

ANY PROCEEDING ON SEXUAL HARASSMENT COMMITTED IN AN EDUCATIONAL OR TRAINING INSTITUTE, OR HAS TESTIFIED, OR IS ABOUT TO TESTIFY, IN SUCH PROCEEDINGS. Any person who violates subsection (a) of this section, shall upon conviction, be penalized with a fine of not less than [Five] TWENTY-FIVE thousand pesos [(P5,000.00)] (PHP25,000.00) nor more than [Ten] FIFTY thousand pesos [(P10,000.00)] (PHP50,000.00). Any person who violates subsection (b) of this section, shall upon conviction, be penalized with a fine of not less than [Ten] FIFTY thousand pesos [(P10,000.00)] (PHP50,000.00) nor more than [Fifteen] ONE HUNDRED thousand pesos [(P15,000.00)] (PHP100,000.00). ANY PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION, SHALL UPON CONVICTION, BE PENALIZED WITH A FINE OF NOT LESS THAN FIFTY THOUSAND PESOS (P50,000.00) NOR MORE THAN ONE HUNDRED THOUSAND PESOS (P100,000.00)."

Sec. 4. Article VI of the Safe Spaces Act is hereby amended to read as follows:

"Sec. 26. XXX

Sec. 27. XXX

Sec. 28. Remedies and Psychological Counselling. - A victim

of gender-based [street, public spaces or online] sexual harassment may avail of appropriate remedies as provided for under the law as well as psychological counselling services with the aid of the LGU and the DSWD, in coordination with

the DOH and the PCW. Any fees to be charged in the course of a victim's availment of such remedies or psychological counselling services shall be borne by the perpetrator.

Sec. 29. XXX

Sec. 30. XXX

Sec. 31. XXX

SEC. 32. GENDER-BASED SEXUAL HARASSMENT

VICTIMS' REHABILITATION AND COUNSELING FUND. - THERE IS HEREBY ESTABLISHED A SPECIAL FUND, TO BE KNOWN AS THE GENDER-BASED SEXUAL HARASSMENT VICTIMS' FUND, WHICH SHALL BE USED TO RENDER FINANCIAL SUPPORT AND/OR ASSISTANCE TO THE VICTIMS OF THIS ACT, WHICH SHALL BE USED FOR THE REHABILITATION AND COUNSELLING OF THE VICTIM, PARTICULARLY WHEN THE FUNDS OF THE PERPETRATOR ARE INSUFFICIENT TO COVER SUCH COSTS. THE FUND MAY ALSO BE USED TO COVER OTHER NECESSARY EXPENSES RELATED TO THE RECOVERY AND WELL-BEING OF THE VICTIM AS DETERMINED APPROPRIATE BY THE PHILIPPINE COMMISSION ON WOMEN. THE FINES WHICH ARE IMPOSED AND COLLECTED FROM OFFENDERS, PURSUANT TO THIS ACT, SHALL BE DEPOSITED INTO THE FUND."

Sec. 5. Article VII of the Safe Spaces Act is hereby amended to read as follows:

"Sec. [32] 33. XXX

Sec. [33] 34. XXX Sec. [34] 35. XXX Sec. [35] 36. XXX Sec. [36] 37. Prescriptive Period. - Any action arising from the violation of any of the provisions of this Act shall prescribe as follows: (a) XXX (b) XXX (c) Offenses committed under Section 11 (c) AND (D) of this Act shall prescribe in ten (10) years; (d) XXX (e) Offenses committed under Sections 16 and 21 of this Act shall prescribe in [five (5)] TEN (10) years. Sec. [37] 38. XXX Sec. [38] 39. Implementing Rules and Regulations (IRR). - Within ninety (90) days from the effectivity of this Act, the PCW as the lead agency, in coordination with the DILG, the DSWD, the PNP, the Commission on Human Rights (CHR), the DOH, the DOLE, the DepEd, the CHED, the DICT, the TESDA, the MMDA, the LTO, and at least three (3) women's AND (3) LGBTQIA+ organizations active on the issues of gender-based violence, shall formulate the implementing rules and regulations (IRR) of this Act. Sec. [39] 40. XXX

Sec. [40] 41. XXX Sec. [41] 42. XXX"

Sec. 6. Separability Clause.- If any provision of this Act is declared

unconstitutional, the remainder hereof not otherwise affected shall remain in full force and effect.

Sec. 7. Repealing Clause.- All other laws, presidential decrees, executive

orders, letters of instruction, proclamations, administrative orders, rules or regulations that are inconsistent with this Act are hereby repealed, amended, or modified accordingly.

Sec. 8. Effectivity.- This Act shall take effect after fifteen (15) days following

its publication in the Official Gazette or in a newspaper of general circulation. Approved,