EXPLAINER: Salient Features of the Safe Spaces Act or Bawal Bastos Law (RA 11313).

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What is the Safe Spaces Act or Bawal Bastos Law?

Signed in 2019, the Republic Act 11313 or the Safe Spaces Act/Bawal Bastos Law penalizes wolf whistling, catcalling, misogynistic and homophobic slurs, unwanted sexual advances, and other forms of sexual harassment in public places, workplaces, and schools as well as in online spaces.

The Republic Act No. 11313 or The Safe Spaces Act (Bawal Bastos Law) covers all forms of gender-based sexual harassment (GBSH) committed in public spaces, educational or training institutions, workplace and online space.

This law, while being closely related to the Republic Act 7877 [or the Anti-Sexual Harassment Act of 1995], expands the meaning of ‘safe spaces’ to the public domain—from public places to cyberspaces, from schools to workplaces, and from streets to high-rise buildings. (Criminal Law, 2020/2021 Bar Examinations).

The new law also [expands] the meaning of sexual harassment and who can be cosidered as an offender. While the former law limits the definition of offenders to authority figures, (abuse of authority) the present law (Bawal Bastos Law) recognizes that [anyone] can be offenders. (Labor Law and Social Legislation, 2022 Bar Examinations).

Article I of the Safe Spaces Act delineates the types of gender-based harassments and the acts that constitute them. These are:

[...] Gender-based sexual harassment in the workplace

(End of emphasis)

EXPLAINER: Salient Features of the Safe Spaces Act or Bawal Bastos Law (RA 11313)

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Offenses and Penalties under the Safe Spaces Act or Bawal Bastos Law

Here is a comprehensive infographic containing the acts considered as gender-based harassment and their penalties:

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Example Bar questions involving the Safe Spaces Act or Bawal Bastos Law.

EXAMPLE NO. 1

2020/2021 BAR EXAMINATIONS IN CRIMINAL LAW

Question No. 8.

While a person was passing through a construction site for a new Hall of Justice building, construction workers shouted: “Hoy bakla, halika rito at haplusin mo ‘ko!” “Hoy bakla, ang pangit mo!” “Bakla, mukha ka pa ring lalaki kahit ano'ng gawin mo!”

The person victimized by these remarks asks you: Was a crime committed by the workers who shouted these statements? Explain briefly.

Suggested Answer:

©️📷: Screenshot/ UP LAW TRAINING AND CONVENTION DIVISION | BRI2022 |Page 17 of 43. (No copyright infringements intended).

EXAMPLE NO. 2

2022 BAR EXAMINATIONS IN LABOR LAW AND SOCIAL LEGISLATION.

Question No. 4.

Due to Bitoy’s repeated unwanted sexual advances towards his co-worker Diego, Diego went to the Personnel Manager to report Bitoy’s behavior. The Personnel Manager started a disciplinary action case against Bitoy. In his written explanation, Bitoy denied the allegation of sexual advances. He also pointed out that sexual harassment only pertains to a superior-subordinate relationship, where the perpetrator is the superior and the victim is the subordinate. Since Diego is not his subordinate, as they are co-workers with the same rank, Bitoy cannot be subject to disciplinary action.

Is Bitoy’s contention correct? Explain briefly. (5 points)