MBLC BAWAL BASTOS INFO DRIVE

February 9, 2025 Opinion

The MetroBaguio Lions Club (MBLC) headed by President Ray Olarte has launched an information drive on the “Bawal Bastos Law last Saturday at the Luisa’s Café. The Safe Spaces Act addresses gender-based sexual
harassment in public areas such as streets, privately-owned places open to the public, and public utility vehicles, among others. It also extends the protection even to cyberspace, and provides for prohibited acts and their corresponding penalties. Republic Act No. 11313 or “The Safe Spaces Act” was passed on On April 17, 2019 purposely to address Gender-Based Sexual Harassment cases principally authored by Senator Risa Hontiveros.

The sexual harassment in streets and public spaces has a first category : Cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs,
persistent unwanted 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.

The penalties are: For the First offense: fine of P1,000.00 and community service of 12 hours inclusive of attendance to a Gender Sensitivity Seminar; For the Second offense: arresto-menor 6-10 days or a fine of P3,000.00. For the Third offense: arresto- menor 11-30 days or a fine of P10,000.00. For the second category : 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, and similar lewd sexual actions.

The penalties are: For the First offense: fine of P10,000.00 and community service of 12 hours inclusive of attendance to a Gender Sensitivity Seminar; Second offense: arresto-menor 11-30 days or a fine of fifteen
thousand pesos P15,000.00; Third offense: arresto mayor (1 month and 1 day – 6 months and a fine of P20,000.00. For the third category : Stalking, any of the acts mentioned in 11(a) or 11(b) when accompanied by touching, pinching or brushing against the body of the offended person; any touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, buttocks or any part of the victim’s body even when not accompanied by acts
mentioned in 11(a) and 11(b).

The penalties are:  For the First offense arresto-menor 11-30 days or a fine of  P30,000.00, provided that it
includes attendance in a Gender Sensitivity Seminar; Second offense: arresto-mayor (1 month and 1 day) or a fine of
P50,000.00.  Third offense: arresto-mayor in its maximum period or a fine of P100,000.00. The fourth category is
Online Gender-based online sexual harassment which carries a penalty of Prision correccional in its medium period or a fine of not less than  P100,000.00 but not  more than five hundred thousand pesos (P500,000.00), or both at
the discretion of the court.

The fifth category is Qualified gender-based sexual harassment, Qualified where the offender is a relative within the 4 the Civil degree of consanguinity raising the Penalty to the next higher in degree while the sixth category is Gender-based sexual harassment in the workplace and educational or training institutions. Failure of employers or school heads to implement their duties under the Safe Spaces Act (i.e. including setting of administrative penalties to violations of gender-based sexual harassment in the workplace) carries a Fine of not less than P5,000.00 nor more than ten thousand pesos P10,000.00 while the Failure of employers or school heads to take action on reported acts of gender-based sexual harassment committed in the workplace or in the educational institution carries a Fine of not less than P10,000.00 nor more than P15,000.00.

Local government units are mandated to pass ordinances localizing the applicability of the Safe Spaces Act. The Metro Manila Development Authority (MMDA), the Philippine National Police (PNP), and the Women and Children’s Protection Desk (WCPD) of the PNP have been given the task of apprehending violators of the law. With regard to online cases, the task falls on the Anti-Cybercrime Group of the PNP (PNPACG). In addition to penalizing
acts of gender-based sexual harassment in public places, the Safe Spaces Act also expands the 1995 Anti-Sexual
Harassment Act.

Formerly, sexual harassment was only punished when committed by someone who has authority, influence, or moral ascendancy over the victim. Under the Safe Spaces Act, acts committed between peers, by a subordinate to a superior officer, by a student to a teacher, or by a trainee to a trainer are now covered as punishable sexual harassment. President Ray is doing a good job in carrying out the information drive considering that the purpose and aim of the law was to ensure an individual’s sense of personal space and public safety. Sigh.