UNWANTED SEXUAL ADVANCES AND SEX

DISCRIMINATION:
Sexual Harassment in light of the Safe Spaces Act of 2019
(R.A. 11313)

ALYSSA ABIGAEL C. GOMEZ*

I. Introduction
A. The Becoming of Sexual Harassment
B. Modern Trends on Addressing Sexual Harassment:
The #MeToo Movement
C. Sexual Harassment in the Philippines

II. The Safe Spaces Act (Republic Act No. 11313)

A. Salient Features
B. Implementing Rules and Regulations
i. Privately-owned Spaces Open to the Public
ii. The Duties and Responsibilities of Local
Government Units (LGUs) and the Department
of Interior and Local Government
iii. Gender-Based Online Sexual Harassment
iv. Support for Workers in the Informal Economy
v. Gender-Based Sexual Harassment in Educational
and Training Institutions
vi. The Code of Conduct and Committee on
Decorum and Investigation

III. Conclusion

*
Editor-in-Chief, UST Law Review (Vol. 64); Juris Doctor, University of Santo Tomas, Faculty of
Civil Law (2020); A.B. Legal Management (Cum Laude), University of Santo Tomas, Faculty of
Arts and Letters (2016).

The author would like to express her sincerest gratitude to Catherine C. Gomez and Alberto R.
Gomez Jr.
 “Tacitly, it [sexual harassment] has
been both acceptable and taboo; acceptable for
men to do, taboo for women to confront, even to
themselves”
- Catherine A. MacKinnon, 1979.

I. Introduction

Sexual harassment is a battle between unequal forces. It connotes an abuse

of power or an exploitation of one’s position of authority as an effective means
to demand sexual favors, make sexual advances, or perpetuate sexual violence. The
United Nations System Model Policy on Sexual Harassment provides for a uniform

Sexual harassment is any unwelcome conduct of a sexual nature that might

reasonably be expected or be perceived to cause offense or humiliation,
when such conduct interferes with work, is made a condition of employment
or creates an intimidating, hostile or offensive work environment. Sexual
harassment may occur in the workplace or in connection with work. While
typically involving a pattern of conduct, sexual harassment may take the
form of a single incident. In assessing the reasonableness of expectations
or perceptions, the perspective of the person who is the target of the
conduct shall be considered.1

humor wrapped with sexual innuendos or even through a compliment or any other
highly uncomfortable yet highly implicit sexual deeds. To illustrate, the complainant
in the case of Re: Anonymous Complaint against Atty. Cresencio P. Co Untian, Jr. gave a
narration of an instance when she felt embarrassed during a recitation by reason of a
sexually charged joke that her professor made in a class. In her statement, she narrated
that:

1
The UN System Model Policy on Sexual Harassment was endorsed by the UN System Chief
Executives Board for Coordination at its second regular session of 2018 on recommendation of
the Board’s High-level Committee on Management which had approved the model policy at its
36th session on 11-12 October 2018. The model policy was developed by the CEB Task Force on
Addressing Sexual Harassment within the Organizations of the UN System.
 Meanwhile, Dal recounted that in one of her recitations during respondent’s

narrate the said incident to almost all of his classes. Dal felt offended that
she was subjected to such sexually charged language and the fact that her
embarrassment was retold in other classes.2

The professor’s statement in the above-mentioned case is a glaring example

of a futile attempt to conceal one’s intent to sexually harass a person. It is highly
reprehensible and uncalled for. In this illustration, the intent to sexually harass is
clear and unmistakable. However, sexual harassment is not always easily discernible.
Sometimes, a person attempting to disguise an intent to sexually harass another
may use a simple play of words with sexual overtones which may not be obvious to
others. The person in the receiving end of this seemingly muted sexual aggression will
certainly feel a sense of uneasiness, discomfort or embarrassment. But to others, this
play of words, although highly offensive or degrading, can easily slide unnoticed.

As mentioned, acts of sexual harassment are not always committed in the

foreground much less in open view. Therefore, many victims are left with little to
no room for recourse for fear of the situation turning against them. Also, in sexual
harassment, there is inequality between the aggressor and the victim. Oftentimes, the
former exercises moral ascendancy or occupies a dominant position over the latter.
Thus, it takes an incredible amount of courage on the part of the victim to stand up
and protect his or her dignity.

Thus, when the perpetrators are employers, managers, or professors, and

their victims are those who live from paycheck to paycheck, students who endeavor

bringing food on the table, the latter’s silence is not only out of fear, but out of
necessity. While sexual harassment knows no age, gender, degree of education, job
description or even social status, we cannot deny that those who are at the tail end
of the modern-day caste system are the common preys of sexual harassers. After
all, predators target those who are vulnerable. Undoubtedly, the perversity of sexual
2
Re: Anonymous Complaint Against Atty. Cresencio P. Co Untian, Jr., A.C. No. 5900. April 10, 2019
 hen its victims are those who are defenseless. For these
victims, it is not only a mental or physical crisis but also an economical one. If left

security.

A. The Becoming of Sexual Harassment

Sexual harassment has existed since days beyond recall. It has been a practice
kept under a hat long before mankind was able to recognize its existence and identify
it as an act evil enough to be legally punishable. Back in the day, the issue of sexual
harassment was so taboo that victims had no means to seek redress from legal remedies
simply because there were none. Sexual harassment was particularly prevalent during
the era of African-American slave trade in the 17th century3 when discrimination
based on sex and race was the name of the game.4

Slavery also extracted sexual labor from enslaved women. Enslaved women
found themselves coerced, blackmailed, induced, seduced, ordered and, of
course, violently forced to have sexual relations with men. Sexual access
was enforced through a variety of structural mechanisms.5

Despite its prevalence, sexual harassment was not recognized, let alone
penalized. In fact, slaves and domestic servants were demonized and described as
naturally promiscuous to shield men from accusations of sexual coercion.6 Following
this culture of tolerance, discussions and governmental debates ensued. These
discussions were mostly geared towards recognizing the vulnerability of women,
especially those engaged in domestic work, to acts of sexual abuse. Slowly, the
elephant in the room started to be the topic for discourse.

3
History.com Editors, Slavery in America, History, A&E Television Networks, November 12, 2009,
https://www.history.com/topics/black-history/slavery
4
Sascha Cohen, A Brief History of Sexual Harassment in America Before Anita Hill, TIME
Magazine, April 11, 2016, https://time.com/4286575/sexual-harassment-before-anita-hill/
5
Adrienne D. Davis William M. Van Cleve Professor of Law, Slavery and the Roots of Sexual
Harassment, Washington University in St. Louis School of Law, November 2013, https://papers.

6
Reva B. Siegel, Directions in Sexual Harassment Law, 3-8 (2003).
 The feminist legal scholar Catherine A. MacKinnon wrote in 1979 that sexual
harassment is a form of sex discrimination. MacKinnon pioneered the movement
that shifted the dynamics of how sexual harassment in the workplace was confronted
and remedied. She exposed the impact of sexual harassment among women in the
workplace by characterizing it as an act of abuse and confronting the issue head on.

In addition to being victims of this practice [sexual harassment], working

women have been subject to the social failure to recognize sexual harassment
as an abuse at all. Tacitly, it has been both acceptable and taboo; acceptable
for men to do, taboo for women to confront, even to themselves. But
the systematic silence enforced by employment sanctions is beginning to
be broken. The daily impact upon women’s economic status and work
opportunities, not to mention psychic health and self-esteem is beginning
to be explored, documented, and, increasingly, resisted.7

harassment in the case of Meritor Savings Bank v. Vinson.8 This case involved a bank
teller who sought punitive relief and damages based on Title VII of the Civil Rights
Act of 1964 against her supervisor and her employer, Meritor Savings Bank. She
claimed that her supervisor asked her to dinner and suggested going to a motel to
have sexual congress with her. She initially refused. However, out of fear of losing
her job, she acceded. During her four years of employment, she claimed to have had

supervisor fondled her in front of other employees; exposed himself to her; followed
her in the restrooms; and forcibly raped her. The U.S. Supreme Court upheld the
rights of the teller and held:

believed that a sexual harassment claim will not lie absent an economic
effect on the complainant’s employment, and erroneously focused on the

7
Sexual Harassment of Working Women a Case of Sex Discrimination, Catharine A. MacKinnon, p.1,
illustrated, Yale University Press, 1979
8
Meritor Savings Bank v. Vinson 477 U.S. 57 (1986)
 The correct inquiry is whether respondent by her conduct indicated that
the alleged sexual advances were unwelcome, not whether her participation
in them was voluntary.9

In its discussion, the U.S. Supreme Court stated that sexual harassment is
committed despite the absence of any economic effect on the victim’s employment.
Once it is satisfactorily established that sexual solicitation has created a hostile working

existence of sexual harassment and consequently impose the corresponding liabilities.

Therefore, the victim need not prove that the sexual favors were made to serve as
a condition of initial or continued employment, or any other employment related

The U.S. Supreme Court also provided a guideline as to when the employer
shall be made liable for the acts of its agent (as in this case, the bank supervisor)
which constitute as sexual harassment. It said:

Finally, we reject petitioner’s view that the mere existence of a grievance

procedure and a policy against discrimination, coupled with respondent’s
failure to invoke that procedure, must insulate petitioner from liability. While
those facts are plainly relevant, the situation before us demonstrates why
they are not necessarily dispositive. Petitioner’s general nondiscrimination
policy did not address sexual harassment in particular, and thus did not
alert employees to their employer’s interest in correcting that form of
discrimination. Moreover, the bank’s grievance procedure apparently

Since Taylor was the alleged perpetrator, it is not altogether surprising

that respondent failed to invoke the procedure and report her grievance
to him. Petitioner’s contention that respondent’s failure should insulate it
from liability might be substantially stronger if its procedures were better
calculated to encourage victims of harassment to come forward.10

9
Id. at page 3
10
Id. at page 3
 This was considered a landmark case on sexual harassment in the United

recognized by the high court voting unanimously to uphold women’s rights against
sexual harassment in the workplace.

B. Modern trends on addressing sexual harassment: The #MeToo Movement

The movement that broke the stigma against survivors of sexual abuse and
hurdled obstacles in the process of destroying this culture of hate and apathy was
sparked by testimonies of everyday people through the unsophisticated platforms of
social media. A simple hashtag created groundbreaking changes in the culture of sexual
abuse and shifted the focal point of shame—from the survivors, to the perpetrators.
The conversations were neither formal nor were they written in scholarly articles.

The #MeToo movement, launched in 2006 through the efforts of activist

Tarana Burke, aimed to help survivors of sexual harassment particularly women of
color and others who are vulnerable to abuse. It sought to provide sources of healing

all kinds.11 Later on, through various social media platforms, the movement spread
globally and sparked a wide array of discourse through the hashtag #MeToo. People
from all walks of life including celebrities and other prominent personalities using this
hashtag started sharing their stories of sexual abuse through social media. Hollywood
actress Alyssa Milano’s testimony about her experience on sexual abuse through the
said hashtag became one of the catalysts that raised this movement into a global
conversation.12

This movement undoubtedly creates and continues to effect change in our

culture of sexual harassment particularly on how it is viewed, accepted or remedied.
Previously, our culture dictates apathy, victim-blaming, and skepticism on cases and
11
History and Vision, https://metoomvmt.org/about/#history, December 5, 2019
12
Anna Pivovarchuk, The MeToo Movement: Changing the Rules of the Game, Fair Observer,
November 15, 2019, https://www.fairobserver.com/culture/me-too-movement-history-
consequences-womens-rights-news-17621/
stories of sexual harassment. Before this new wave of conversations, issues on sexual

breakthrough because victims who, before, refused to speak out of fear of being
ridiculed, started coming forward to avail of legal remedies. Gone were the days when
sexual harassment was only endured or fought in silence. As it should be, acts of
sexual abuse are fought with resounding volume enough to cement in the minds of
every person that sexual abuse of any kind shall occupy no space in any civilized
society.

In Japan, a woman named Shiori Ito became the symbol of the #MeToo

named Noriyuki Yamaguchi. She narrated that she went out with Yamaguchi to
discuss a possible job opportunity. When she regained her consciousness, she found
herself in a hotel room with Yamaguchi already on top of her while she felt pain all

13

assault victims in Japan had to endure not only public ridicule but also legal barriers.
14
In fact, the Survey on Violence between Men and Women conducted by the Cabinet

15

In South Korea, public prosecutor Seo Ji-hyeon accused former South

2010. This spearheaded public debates on addressing the issues on sexual harassment
and prompted politicians to address the issue.16 On January 22, 2020, Seo Ji-hyeon
received an unprecedented victory when Ahn Tae-geun was sentenced to two years in
prison for using his authority to commit a sexual misconduct.17
13
Yuko Aizawa, Shiori Ito wins rape case, NHK World Japan, December 20, 2019, https://www3.
nhk.or.jp/nhkworld/en/news/backstories/803/
14
Julia Hollingsworth, Japanese #MeToo symbol wins civil court case two years after she accused
a prominent journalist of raping her, CNN Business, December 18, 2019,https://edition.cnn.
com/2019/12/18/media/japan-shiori-ito-legal-intl-hnk/index.html
15
in FY 2017,

December 5, 2019
16
Laura Bicker, #MeToo movement takes hold in South Korea, BBC News Seoul, March 26, 2018,
https://www.bbc.com/news/world-asia-43534074
17
Choe Sang-Hun, The New York Times, January 23, 2019, https://www.nytimes.com/2019/01/23/
world/asia/south-korea-prosecutor-sexual-misconduct.html
C. Sexual Harassment in the Philippines

Republic Act No. 7877 otherwise known as the Anti-Sexual Harassment Act

Sec. 3 of the said law provides:

– Work, education or training-related sexual harassment is committed by an

employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person who, having

or education environment, demands, requests or otherwise requires any

sexual favor from the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said Act.18

that the same be explicit. In the case of Domingo v. Rayala19, which originated from a

Commission (NLRC) chairman, the Supreme Court ruled that the demand, request,
or requirement of a sexual favor need not be articulated in a categorical oral or written
statement. It held that the acts of the NLRC Chairman holding and squeezing the

inappropriate conversations with her, giving her money allegedly for school expenses
with a promise of future privileges, and making statements with unmistakable sexual
overtones resound with deafening clarity the unspoken request for a sexual favor. In
short, actions speak louder than words. The demand or request of sexual favor need
not be spelled out.

It was also mentioned in the same case that sexual demands or requests
need not be made as a condition for continued employment or for promotion. As
long as the sexual demands result to a hostile or offensive work environment for the

18
An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training
Environment, and for Other Purposes, Republic Act No. 7877, sec. 3 (1995).
19
Domingo v. Rayala, G.R. No. 155831, February 18, 2008.
 In the more recent case of Re: Anonymous Complaint against Atty. Cresencio P.
Co Untian, Jr.20, a law school professor was suspended from the practice of law for

(10) years on account of sexually harassing some of his students. One of the acts
complained of was that the professor showed a picture of a naked woman to one of
her female students who supposedly resembles the face of the woman in the image.
He also teased her within hearing distance of other law students.

In his separate concurring opinion, Associate Justice Marvic Leonen

recognized the patriarchal dominancy in Philippine culture and its role in perpetuating
sexual harassment against women. He stated:

Our ruling today acknowledges the persistence of patriarchy in our society.

The historical and cultural expression of male privilege—or simply, the
privilege of males qua males over females qua females—still exists. It is a
powerful, dominant, molding attitude that is nefariously manifested when
demeaning and distressing representations of any woman, especially when

most men, this is generally callous to women, whose dignity may suffer.

x x x Patriarchy becomes encoded in our culture when it is normalized. The

more it pervades our culture, the more its chances to infect this and future
generations. x x x 21

Supreme Court punished a law professor for sexually harassing his students. The
decision was coupled with a stern warning that future cases will carry a heavier

20
Re: Anonymous Complaint Against Atty. Cresencio P. Co Untian, Jr., A.C. No. 5900. April 10, 2019

21
Id. at page 4.
II. The Safe Spaces Act (R.A. No. 11313)

A. Salient Features of the Safe Spaces Act

Catcalling is never a compliment the same way that silence does not signify
consent.

Republic Act No. 11313 otherwise known as the Safe Spaces Act was signed
into law on April 17, 2019. In its declared policy, the Safe Spaces Act recognizes that
sexual harassment knows no gender and that men, women, and all genders must be
treated equally when it comes to safety and security both in private and public spaces.
Thus, Section 2 of the said law provides:

Section 2. Declaration of Policies. – It is the policy of the State to value

the dignity of every human person and guarantee full respect for human
rights. It is likewise the policy of the State to recognize the role of women
in nation-building and ensure the fundamental equality before the law of
women and men. The State also recognizes that both men and women must
have equality, security and safety not only in private, but also on the streets,
public spaces, online, workplaces and educational and training institutions.22

One of the highlights of the Safe Spaces Act is its provisions on gender-based
sexual harassment in public places. This law provides criminal sanctions23 against
persons who shall commit catcalling, wolf-whistling, and misogynistic, transphobic,
homophobic, and sexist slurs in public spaces—acts that are embedded in Philippine
street culture and are endured by many specially women. This law is highly inclusive
as it recognizes that sexual harassment affects all genders. This inclusivity is evident in
this provision as it includes multiple forms of sexist slurs. Under Section 4 of the Safe
Spaces Act, the crime of gender-based streets and public spaces sexual harassment is
committed through any unwanted and uninvited sexual actions or remarks against any
person regardless of the motive for committing such action or remarks.24 The same
22

and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties
Therefor, Republic Act No. 11313, sec. 2 (2019).
23
R.A. 11313, Sec. 11
24
R.A. 11313, Sec. 4.
provision enumerates the acts that are considered gender-based streets and public
spaces sexual harassment. Thus, it provides that:

Section 4. xxx Gender-based streets and public spaces sexual harassment

includes catcalling, wolf-whistling, unwanted invitations, misogynistic,
transphobic, homophobic and sexist slurs, persistent uninvited comments
or gestures on a person’s appearance, relentless requests for personal details,
statement of sexual comments and suggestions, public masturbation

physical, that is unwanted and has threatened one’s sense of personal

space and physical safety, and committed in public spaces such as alleys,
roads, sidewalks and parks. Acts constitutive of gender-based streets and
public spaces sexual harassment are those performed in buildings, schools,
churches, restaurants, malls, public washrooms, bars, internet shops, public
markets, transportation terminals or public utility vehicles.

Another development in this law is the recognition that sexual harassment takes
place not only in work, education, or training environments and that its perpetrators
are not limited to persons of authority or those exercising moral ascendancy over the
offended party. Unlike the Anti-Sexual Harassment Act of 1995, the Safe Spaces Act
guards against sexual harassment not only in workplaces, educational institutions, or
training environments but also in public spaces such as restaurants, malls and other
privately-owned places open to the public. Thus, Section 5 of the same law provides:

Section 5. Gender-Based Sexual Harassment in Restaurants and Cafes,

Bars and Clubs, Resorts and Water Parks, Hotels and Casinos, Cinemas,
Malls, Buildings and Other Privately-Owned Places Open to the Public.
– Restaurants, bars, cinemas, malls, buildings and other privately-owned
places open to the public shall adopt a zero-tolerance policy against gender-
based streets and public spaces sexual harassment. These establishments are
obliged to provide assistance to victims of gender-based sexual harassment
by coordinating with local police authorities immediately after gender-
based sexual harassment is reported, making CCTV footage available when
ordered by the court, and providing a safe gender-sensitive environment

instance.
 All restaurants, bars, cinemas and other places of recreation shall install in
their business establishments clearly-visible warning signs against gender-
based public spaces sexual harassment, including the anti-sexual harassment
hotline number in bold letters, and shall designate at least one (1) anti-sexual

Security guards in these places may be deputized to apprehend perpetrators

local authorities.

The Safe Spaces Act also provides sanctions against transportation operators
who commit gender-based streets and public spaces sexual harassment acts in
public utility vehicles. The penalties may include suspension and even revocation of
franchise by the Land Transportation Franchising and Regulatory Board (LTFRB). If
the perpetrator is the driver of the vehicle, it will also constitute a breach of contract
of carriage, for the purpose of creating a presumption of negligence on the part of
the owner or operator of the vehicle. This will render the owner or operator solidarily
liable for the offenses of his employees.25

Furthermore, the law provides for a higher penalty for sexual harassment
committed in certain places and against certain group of persons. Thus:

Sexual Harassment. – The penalty next higher in degree will be applied in

the following cases:

(a) If the act takes place in a common carrier or PUV, including, but not
limited to, jeepneys, taxis, tricycles, or app-based transport network vehicle
services, where the perpetrator is the driver of the vehicle and the offended
party is a passenger;

(b) If the offended party is a minor, a senior citizen, or a person with

disability (PWD), or a breastfeeding mother nursing her child;
(c) If the offended party is diagnosed with a mental problem tending to
impair consent;

25
R.A. 11313, Sec.6
 (d) If the perpetrator is a member of the uniformed services, such as the
PNP and the Armed Forces of the Philippines (AFP), and the act was
perpetrated while the perpetrator was in uniform; and

(e) If the act takes place in the premises of a government agency offering
frontline services to the public and the perpetrator is a government
employee.26

The Safe Spaces Act also addresses online sexual harassment. This feature
is timely and necessary because of the prevalence of online platforms where sexual
harassment proliferates particularly through various social media outlets. This law
re-establishes and emphasizes that privacy should be respected even in online
platforms. It punishes among others, cyberstalking and incessant messaging through
information and communications technology and uploading and sharing without the
consent of the victim, any form of media that contains photos, voice, or video with
sexual content, any unauthorized recording and sharing of any of the victim’s photos,
videos, or any information online.27 The penalty for Gender-Based Online Sexual
Harassment is also considerably higher than other offenses punishable under this law.
Section 14 of the said law provides:

Section 14. Penalties for Gender-Based Online Sexual Harassment.

of not less than One hundred thousand pesos (P100,000.00) but not
more than Five hundred thousand pesos (P500,000.00), or both, at
the discretion of the court shall be imposed upon any person found
guilty of any gender-based online sexual harassment. xxx28

B. Implementing Rules and Regulations

i. Privately-owned Spaces Open to the Public

In the Implementing Rules and Regulations of the Safe Spaces Act (Rules),
owners of privately-owned spaces open to the public are mandated to adopt a zero-

26
R.A. 11313, Sec. 15
27
R.A. 11313, Sec. 12
28
R.A. 11313, Sec. 14
tolerance policy in their establishments against gender-based streets and public spaces
sexual harassment (GBSH).29 Zero-tolerance means that these establishments are
required to provide precautionary or preventive measures to ensure a safe space
for their customers. These so-called measures include warning signs against GBSH
which display anti-sexual harassment hotline number(s), the nearest police station and

complaints. This designated authority must be knowledgeable on GBSH so as to

provide proper assistance to the complainant.

The Rules also highlight victim assistance and require establishments to be

fully cooperative with the cause of the victim. The Rules also required establishments
to have a private area wherein the victim may freely report and narrate incidents
of sexual harassment as soon as it happens. When possible, the rules also require
establishments to install CCTV cameras and make footages available to victims upon
a court order or otherwise.30

Another interesting provision in the Implementing Rules and Regulations of

the Safe Spaces Act is that on citizen’s arrest. The rules provide that:

Whenever GBSH happens, a security guard or any person who

witnessed the crime may conduct a citizen’s arrest and apprehend
the perpetrator in accordance with law. The security guards in
these places may be deputized to apprehend perpetrators caught

required to immediately coordinate with local authorities. Towards

this end, the Philippine National Police (PNP) shall issue guidelines
on the deputization of security guards. A citizen’s arrest is when
any private person may arrest, without need of warrant under the
following circumstances: a) When, in the presence of the private
person, the person to be arrested has committed, is actually
committing or is attempting to commit GBSH; and b) When GBSH
has in fact just been committed, and the private person has personal
29

Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, And Educational

30
IRR of R.A. 11313, Sec. 6
 knowledge of facts indicating that the person to be arrested has
committed it. To ensure that the security guards are knowledgeable
on GBSH, awareness of the law will form part of topics or modules
for trainings which are conducted before security agencies and
security guards may renew their licenses.31

under Rule 113, Sec. 5 of the Rules of Criminal Procedure to conduct a warrantless
arrest in certain instances similar to those mentioned under this provision.

ii. The Duties and Responsibilities of Local Government Units (LGUs) and
the Department of Interior and Local Government

The Rules also mobilize the Local Government Units (LGUs) by enumerating
its duties to promote and ensure compliance with the Safe Spaces Act. These duties
include, among others, the passing of an ordinance that shall localize the applicability
of the law within sixty (60) days from the effectivity of the Safe Spaces Act. Aside
from such law, LGUs are also required to prevent GBSH in educational institutions
by launching anti-sexual harassment campaigns. Additionally, LGUs are mandated to
establish an anti-sexual harassment hotline manned by knowledgeable personnel to
provide immediate assistance to the victims. An anti-sexual harassment desk must
also be placed in all barangays, city, and municipal halls.32

To ensure compliance from the LGUs, the Rules require the Department of
Interior and Local Government (DILG) to inspect if all LGUs enacted the required
ordinance to localize the application of the Safe Spaces Act. The DILG is further
mandated to conduct surveys and studies to better implement the law and to give full
assistance to the LGUs in its localized application.33

iii. Gender-Based Online Sexual Harassment

For the provision on Gender-Based Online Sexual Harassment to be properly

31
IRR of R.A. 11313, Sec. 6.
32
IRR of R.A. 11313, Sec. 9
33
IRR of R.A. 11313, Sec. 9.
implemented, the Rules mandate that the PNP Anti-Cybercrime Group (PNP-ACG)
shall receive all complaints and thereafter apprehend the perpetrators. The Rules also
mobilize governmental agencies to develop a system for better implementation of the
Safe Spaces Act. Thus, it provides:

The Cybercrime Investigation and Coordinating Center (CICC) of the

DICT shall coordinate with the PNP-ACG, National Telecommunications
Commission (NTC), National Privacy Commission (NPC) and other
relevant agencies to prepare appropriate and effective measures to monitor
and penalize gender-based online sexual harassment, including: a) The
development of a monitoring and evaluation system, including a database
for gender based online sexual harassment, tools, and/or process to see
whether the law is effectively being implemented. b) The recommendation
of policies, law, issuances, and measures for the effective implementation
and enforcement of the provisions of gender-based online sexual
harassment, based, among others, on the results of the monitoring and
evaluation.34

iv. Support for Workers in the Informal Economy

The Rules expanded its coverage to workers in the informal economy. It

mandates the Department of Labor and Employment (DOLE) to develop guidelines
that will provide redress mechanisms for kasambahays and other employees working
in establishments with ten or fewer employees.35

v. Gender-Based Sexual Harassment in Educational and Training Institutions

the process. These institutions are also mandated to adopt and publish grievance

schools to independently conduct an investigation on possible acts of GBSH even if

36

34
IRR of R.A. 11313, Sec. 14.
35
IRR of R.A. 11313, Sec. 20.
36
IRR of R.A. 11313, Sec. 25
 The Rules also recognize that schools may reserve the right to strip the
diploma from the perpetrator or issue an expulsion order.37 Additionally, it provides
for the liability of school heads and heads of training institutions should they fail to
implement their duties enumerated under the Rules or fail to report acts of GBSH in
their institution.38

vi. The Code of Conduct and Committee on Decorum and Investigation

employers both from the public and private sector, and heads of educational and

GBSH and provide for its punishment. It shall also provide for the procedures on
39

Within the same period, employers both from the public and private sector,
and heads of educational and training institutions shall establish a Committee on
Decorum and Investigation (CODI).40 This will serve as an independent internal
grievance mechanism that will act as the main body in the investigation and resolution
of cases involving GBSH in the workplace and in educational and training institutions.
This committee shall have representatives from the management, the employees from

association, if any. For educational and training institutions, the CODI shall be
composed of at least one (1) representative each from the school administration,
the trainers, instructors, professors or coaches and students or trainees, students and
parents, as the case may be. Furthermore, every CODI shall be headed by a woman
and not less than half of its members shall be women.41

37
IRR of R.A. 11313, Sec. 25
38
IRR of R.A. 11313, Sec. 28
39
IRR of R.A. 11313, Sec. 32.
40
IRR of R.A. 11313, Sec. 33.
41
IRR of R.A. 11313, Sec. 33 (c)
III. Conclusion

No matter how common, persistent or deeply entrenched it is in our culture,

sexual harassment in whatever shape or form should never be tolerated. The reasons
are readily discernible. Sexual harassment creates a hostile and unsafe environment

ascendancy.

Streets, alleys, and public transportations in the Philippines are the most
common avenues of sexual harassment; so common that wolf-whistling and catcalling
have been widely considered and sometimes even accepted as part of Filipino street

streets.42 Sexual harassment ranges from the most discreet to the most explicit such
as exhibitionism and public masturbation. Ironically, this common and almost daily
predicament was not clearly addressed by any Philippine law until the enactment of
the Safe Spaces Act in 2019. Previously, the remedies were extremely limited in scope.
For instance, Unjust Vexation under Article 287 of the 1930 Revised Penal Code
does not directly address sexual harassment in public spaces and is a mere umbrella
law that may be interpreted to cover sexual harassment. The Anti-Sexual Harassment
Act of 1995 is also limited in scope as it only addresses sexual harassment that are
work, education, or training-related. It hastily boxed sexual harassment within the

anywhere and against anybody.

The Safe Spaces Act is a groundbreaking piece of legislation since it directly

addresses sexual harassment in public spaces and expands the Anti-Sexual Harassment
Act of 1995. It penalizes acts that, for the longest time, were considered to be normal.

harassment. Moreover, it exacts the active participation of proprietors or owners of

private establishments open to the public, local government units, police force and
educational institutions in carrying out its zero-tolerance policy. Furthermore, this law
also recognizes and addresses the prevalence of online-based sexual harassment.

42

and Prescribing Penalties Therefor, And for Other Purposes, Seventeenth Congress of the Republic
of the Philippines, First Regular Session, February 14, 2017, In Senate S. B. No. 132G.
 But can this noble piece of legislation effectively afford protection to

penalize sexual misconduct of all forms is only one of the many obstacles in
providing a safer space for all. Truth be told, any legislation no matter how noble
and well-intentioned, will only remain to be a piece of paper if their violators will
be left unpunished. Thus, its honest and proper enforcement is vital in ensuring the
culmination of the intent behind the law—securing a safer, respectful and more

R.A. 11313 is a law that aims to correct a culture that otherwise views
unwelcome sexual remarks, sexist, homophobic or transphobic slurs and other sexual
misconduct as acceptable human behavior. It punishes acts that are for the longest
time tolerated, accepted and considered as harmless and sometimes innocent. It
provides reassurance and vindication to people whose plight were invalidated and
those who were misled by this long-standing tradition into thinking that certain sexual
remarks such as cat-calling and wolf-whistling should just be brushed aside, taken
lightly, viewed as a compliment or tolerated if not accepted.

Therefore, it is the writer’s opinion that although the enactment of a more

comprehensive law addressing and punishing acts of sexual harassment brings us a
step closer to ensuring a safer space for all, a more important obstacle to hurdle is
the culture of tolerance and indifference on matters involving sexual harassment.
Tolerance is condonation. Those who remain to be indifferent on misdeeds that
degrade human dignity are complicit. It is high time to unlearn dated principles which
cultivate a mindset that views sexual harassment against any gender as acceptable.

Lastly, the teeth of legislation lie heavily on implementation. In order to

deter people from committing acts of sexual harassment under the R.A. 11313, there
must be due enforcement of the law in accordance with its Implementing Rules and
Regulations. In the end, only time will tell.