SAFE SPACES ACT (BAWAL BASTOS LAW)

RA 11313

Guidelines on the Localization of Safe

Spaces Act
JMC No. 2020-001
 I. BACKGROUND
Since 1995, sexual harassment has been
prohibited under RA 7877, Otherwise known as
“Anti-Sexual Harassment Act of 1995”.
However, the definition of sexual harassment
under this law was limited and covered only the
acts committed in work, education, and
training-related environments.
Further, it does not penalizes the acts
of sexual harassment committed in any
other spaces, such as on the streets, in
restaurants and malls, public utility
vehicles (PUVs), and other public
spaces
The passage of RA 11313, otherwise
known as the Safe Spaces Act (SSA)
expands the law on Sexual
Harassment to cover all of its forms
including verbal, non-verbal and
physical.
It seeks to secure all persons,
regardless of sex, sexual orientation,
and gender-identity and expression,
from all kinds of gender-based violence
and discrimination such as sexual
harassment, not only in the private
spaces but also on public spaces.
 II. DEFINITION OF TERMS
1. ANTI-SEXUAL HARASSMENT (ASH) DESK-a physical facility,
managed by an ASK Desk Officer, where victim-survivors of sexual
harassment can immediately go to seek assistance
2. Public Spaces-refers to alleys and streets, roads, sidewalks, public
parks, buildings, schools, churches, public washrooms, malls,
internet shops, restaurants and cafes, transportation terminals,
public markets, spaces used as evacuation centers, government
offices, common carriers, PUVs as wells as private vehicles covered
by app-based transport network services, other recreational space
such as but not limited to cinema halls, theaters and spas, bars and
clubs
3. SAFE SPACE-formal or informal place where a
person feels comfortable , physically and emotionally
safe, and enjoy the freedom of self-expression without
the fear of judgment or harm.
4. Gender-based streets and public spaces sexual
harassment-an act committed in streets and public
spaces through any unwanted and uninvited sexual
actions or remarks against any person regardless of
the motive for committing such actions or remarks
 III. MUNICIPAL GOVERNMENT
1. Pass an ordinance, in line with provisions stated in RA 11313, to
prevent the occurrence of and efficiently and effectively respond to
Gender-Based Sexual Harassment (GBSH) in streets and public
spaces;
2. Designate traffic enforcers and other law enforcement units to be
Anti-Sexual Harassment Enforcers (ASHEs) and ensure that they
undergo Gender-Sensitive Training (GST) and orientation on the
law;
3. Set-up Anti-Sexual Harassment (ASH) Desk at the municipal hall
for the purpose of expediting the receipt and processing of
complaints and reports of GBSH in streets and public spaces, and
the same shall be strengthened;
4. Establish an ASH Hotline to receive and respond to calls
on GBSH in streets and public spaces;
5. Ensure the setting up and maintenance of CCTV cameras
in major roads, alleys and sidewalks in their respective areas
to aid in the filing of cases and gathering of evidence as well
as the prevention of GBSH in streets and public spaces;
6. Ensure the establishment of Anti-Sexual Harassment
(ASH) Desk in every barangay;
7. Organize Sub-committee under GAD Focal Point System
to supervise, support, and coordinate the operations of ASH
Desk and Hotline;
8. Provide training on the law for the PBs and members of
the Lupong Tagapamayapa in cases covered by the
Katarungang Pambarangay system, for traffic enforcers
under their jurisdiction, and adopt training modules for
concerned LGU personnel down to the barangay level;
9. Provide technical and financial assistance in the
implementation of the programs, projects, and activities
related to the capacity development of LGU personnel on
and awareness campaign against GBSH in streets and public
spaces and the operationalization of ASH Desk and Hotline
 IV. BARANGAY GOVERNMENT
1. Pass an ordinance, in line with provisions stated in RA 11313, to
prevent the occurrence of and efficiently and effectively respond to
Gender-Based Sexual Harassment (GBSH) in streets and public
spaces;
2. Ensure the participation of the ASHEs, ASH Desk Officer and
members of Katarungang Pambarangay in gender-sensitivity
training, Orientation on the Safe Spaces Act, and protocols in
responding the GBSH in streets and public spaces;
3. Distribute IEC materials, developed by the municipality and
other entities, that raise awareness for and condemn GBSH in
streets and public spaces;
4. Create a mechanism for handling and documentation of
complaints including those covered by the Katarungang
Pambarangay;
9. Establish an ASH Referral Network to strengthen the
coordination among public and private service providers in
addressing the needs of victim-survivors of GBSH in streets
and public spaces;
10. Ensure the setting up and maintenance of CCTV cameras
in major roads, alleys and sidewalks in their respective areas
to aid in the filing of cases and gathering of evidence as well
as the prevention of GBSH in streets and public spaces
 V. FUNCTIONS OF ASHEs
1. Receives complaints on GBSH in streets and public spaces;
2. Immediately apprehend the perpetrator if caught in the
act of committing the crime;
3. Immediately bring the perpetrator to the nearest police
station for appropriate action;
4. Together with the Women’s and Children’s Desk of the
PNP Stations, keep a ledger of perpetrators for the purposes
of determining if the perpetrator is a first-time, second-time,
or third-time offender.
 VI. ESTABLISHMENT OF ASH DESK
1. The LCE shall designate an area in the municipality
or barangay hall, as the case may be, where the ASH
may be set-up in such a way that the right to a privacy
of a person is protected at all times; and
2. It shall have the necessary furniture and fixtures,
such as, but not limited to, table, chairs, and separate
filing cabinet where the logbook and tools/equipment
for documentation are stored
4. Keep case records confidential and secure, and ensure that
only authorized personnel have access to these records ;
5. Assist in the formulation, updating of policies,
development of plans, projects and activities,
educational and awareness campaign against GBSH in
streets and public spaces;
6. Coordinate with pertinent agencies in monitoring
the status of GBSH-related complaints and reports;
and
7. Perform other related functions as may be assigned
 VII. CONDUCT OF SAFEY AUDIT

1. Provinces shall assess the cities and

municipalities on the implementation of the law
and its IRR;
2. Cities and municipalities shall assess the
barangays on the implementation of the law and
its IRR;
 VIII. SOURCE OF FUNDS

The implementation and the localization of the

Safe Spaces Act may be charged against the GAD
Plan and Budget or other sources of funds subject
to the availability thereof and to the existing
accounting and auditing rules and regulations
IX. QUALIFICATIONS OF AN ASH DESK OFFICER
A person must possess the following qualifications before one can be
appointed as an ASH Desk Officer:
1. Attitude that shows empathy and understanding of the victim-
survivor and committed to keep the confidentiality of the cases;
2. Familiarity with appropriate ways to handle cases of gender-based
violence and sensitive to the needs of victim-survivors and
complainants in each possible scenario;
3. Basic knowledge on gender-based violence and the different forms
of sexual harassment and on diverse sexual orientations and gender
identities and expressions; and
4. Has no derogatory records related to violation of laws protecting
women and commission of acts constituting gender-based violence.
Provided that, after the appointment, the ASH Desk officer
must obtain the following trainings and orientation to develop
his/her skills and capacities necessary in the performance of
his/her functions:
1. Gender Sensitivity Training
2. Salient provisions of the Safe Spaces Act
3. Salient provisions of other laws protecting women,
children and members of SOGIE, including but not limited to,
the following:
a. Anti-Sexual Harassment Act (R.A. No. 7877)
b. Anti-Violence Against Women and their Children Act
(R.A. No. 9262)
c. Anti-Photo and Video Voyeurism Act (R.A. No. 9995)
 d. Anti-Child Pornography Act (R.A. No. 9775)
e. Special Protection of Children Against Abuse,
Exploitation, and Discrimination Act (R.A. No. 7610)
f. Anti-Trafficking in Persons Act (R.A. Nos. 9208 and
10364)
g. Provisions of the Revised Penal Code which are
related to gender-based violence
h. Relevant provisions of the Family Code
4. Existing services of the city/municipal government and
those provided under the ASH Referral Network 5.
Protocols in handling gender-based sexual harassment
Provided that, after the appointment, the ASH Desk officer must
obtain the following trainings and orientation to develop his/her skills
and capacities necessary in the performance of his/her functions: 1.
Gender Sensitivity Training 2. Salient provisions of the Safe Spaces
Act 3. Salient provisions of other laws protecting women, children
and members of SOGIE, including but not limited to, the following: a.
Anti-Sexual Harassment Act (R.A. No. 7877) b. Anti-Violence Against
Women and their Children Act (R.A. No. 9262) c. Anti-Photo and
Video Voyeurism Act (R.A. No. 9995) d. Anti-Child Pornography Act
(R.A. No. 9775) e. Special Protection of Children Against Abuse,
Exploitation, and Discrimination Act (R.A. No. 7610) f. Anti-Trafficking
in Persons Act (R.A. Nos. 9208 and 10364) g. Provisions of the
Revised Penal Code which are related to gender-based violence h.
Relevant provisions of the Family Code 4. Existing services of the
city/municipal government and those provided under the ASH
X. PROTOCOLS IN HANDLING GBSH IN STREETS AND PUBLIC
SPACES COMPLAINT FROM THE VICTIM-SURVIVORS

The ASH Desk Officer shall observe the following protocols

when responding to complaints of gender-based sexual
harassment from victim-survivors:
1. Make the victim-survivor and his/her companion/s, if any,
comfortable in a safe and private room, and provide water
and other immediate needs, if any;
2. After the victim-survivor has stabilized, conduct an initial
investigation in a gender-sensitive and non-judgmental
manner, and in a language understood by the victim-
survivor;
3. Assess the situation and get initial information to
determine the risks at hand. Record the details of the
incident (date, time, place, and description), relevant
information about the victim-survivor and the alleged
perpetrator. If needed, immediately facilitate referral to
the nearest police station or medical facility;
4. Inform the victim-survivor of his/her rights, the
remedies available, and the procedures and
processes involved;
5. If the case involves a minor, immediately refer the
case to C/MSWDO;
6. If the incident is covered by the katarungang
pambarangay, assist the victim-survivor and refer the
case to the lupong tagapamayapa within four hours
from receipt of the complaint;
7. For all other incidents, refer and report the cases to
the police station through the Women and Children
Protection Desk (WCPD) within four hours from
receipt of the complaint; and
8. Monitor the status of cases of gender-based sexual
harassment five (5) working days after the case has
been referred to.
 EXAMPLE OF EXPENSES THAT CAN BE
CHARGED TO GAD BUDGET
In determining what can be or cannot be charged to GAD
budget, the primary consideration is the gender issue being
addressed by the expense or activity. If the gender issue is
clear, the expense may be charged to the GAD budget.
1. PPAs that address GAD issues and GAD mandates, including
relevant expenses such as supplies, travel, food, board and
lodging, professional fees, among others.
2. Capacity development on GAD (e.g. Gender Sensitivity
Training; Gender Analysis, Gender-responsive Planning and
Budgeting, among others.);
 EXAMPLE OF EXPENSES THAT CAN BE CHARGED
TO GAD BUDGET
3. Activities related to the establishment and/or
strengthening of enabling mechanisms that support the
GAD efforts of LGUs (e.g. GFPS, Committee on
Decorum and Investigation (COOl), and Violence
Against Women desks, among others);
4. Salaries of LGU personnel assigned to plan,
implement and monitor GAD PPAs on a fulltime basis,
following government rules in hiring and creating
positions;
 EXAMPLE OF EXPENSES THAT CAN BE CHARGED
TO GAD BUDGET
5. Time spent by the LGU GFPS members or LGU employees
doing GAD-related work. Overtime work rendered in doing
GAD-related PPAs may be compensated through a
compensatory time off (CTO), following government accounting
and auditing rules and regulations;
6. Salaries of police women and men assigned to women's
desks;
7. Salaries of personnel hired to manage/operate the GAD
Office, if established;
 EXAMPLE OF EXPENSES THAT CAN BE CHARGED
TO GAD BUDGET
8. LGU programs that address women's practical and strategic
needs (e.g., day care center, breastfeeding rooms, crisis or
counseling rooms for abused women and children, halfway
houses for trafficked women and children, and gender-
responsive family planning programs, among others);
9. Construction expenses for gender-responsive or GAD-
mandated facilities which include, but are not limited to, the
following: a) Day care center, b) VAWC Center, c) Halfway
houses for trafficked women and girls, and d) Women crisis
center;
 EXAMPLE OF EXPENSES THAT CAN BE
CHARGED TO GAD BUDGET
10. Consultations conducted by the LGU to gather inputs for
and/or to disseminate the GAD plan and budget; 11.
Payment of professional fees, honoraria and other services
for gender experts or gender specialists engaged by the
LGUs for GAD-related trainings and activities; and 12. IEC
activities (development, printing and dissemination) that
support the GAD PPAs and objectives of the LGUs.
The expenditures, although allowed, must still follow
government accounting rules and regulations.
 EXAMPLE OF EXPENSES THAT CANNOT BE
CHARGED TO GAD BUDGET
1. Programs, projects, activities (PPAs) that are not in the LGU's DILG-
endorsed original or adjusted GAD plan UNLESS these are addressing a
newly emerging gender issue that has not been considered during the
GPB preparation and review stage. The inclusion of such PPAs should,
however, be communicated with the appropriate DILG unit;
2. Personal services of women employees UNLESS they are working full
time or part time on GAD PPAs;
3. Honoraria for LGU's GFPS members or other employees working on
their LGU GAD programs;
4. Salaries of casual or emergency employees UNLESS they are hired to
assist in GAD-related PPAs;
5. Provision of contingency funds or "other services" of PPAs; and
 EXAMPLE OF EXPENSES THAT CANNOT BE
CHARGED TO GAD BUDGET
6. Purchase of supplies, materials, equipment and vehicles for the
general use of the LGU.
7. The following expenses CAN NOT be charged to the GAD
budget UNLESS they are justified as clearly addressing a specific
gender issue:
a) Physical, mental and health fitness activities, including
purchase of supplies, materials, equipment and information
dissemination materials;
b) Social, rest and recreation activities; and
c) Religious activities and implementation of cultural projects.
CASES COVERED AND NOT COVERED UNDER THE
KATARUNGANG PAMBARANGAY (KP) SYSTEM

Any Anti-Sexual Harassment Enforcer (ASHE),

Anti-Sexual Harassment Officer (ASHO), security
guard, or any other officer or person who receives a
complaint for sexual harassment shall refer the
complaint to the lupong tagapamayapa if the same
falls strictly within the coverage of the katarungang
pambarangay.
CASES COVERED AND NOT COVERED UNDER THE
KATARUNGANG PAMBARANGAY (KP) SYSTEM
The first- and second-time offenses of the following acts
of sexual harassment, found in Section 11 (a) of the Safe
Spaces Act, are covered by the katarungang
pambarangay:
a. cursing, b. wolf-whistling, c. catcalling, d. leering and
intrusive gazing, e. taunting, f. pursing, g. unwanted
invitations, h. misogynistic, transphobic, homophobic,
and sexist slurs,
 CASES COVERED AND NOT COVERED UNDER THE
KATARUNGANG PAMBARANGAY (KP) SYSTEM
i. persistent unwanted comments on one's appearance, j.
relentless requests for one's personal details such as name,
contact and social media details or destination, k. 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, l. the
persistent telling of sexual jokes, m. use of sexual names,
comments and demands, and n. any statement that has made
an invasion on a person's personal space or threatens the
person's sense of personal safety.
 NOT COVERED
The following cases of sexual harassment are not
covered by the katarungang pambarangay and shall be
referred to the local PNP women and children’s desk or
to the proper officer or court for appropriate action:
a. Offenses under the Anti-Sexual Harassment Act of
1995;
b. Offenses under the Safe Spaces Act, other than the
first and second offenses in Section 11 (a) of the Act;
 NOT COVERED
c. Offenses under the Anti-Violence Against Women and
their Children Act, the AntiPhoto and Video Voyeurism
Act, the Anti-Child Pornography Act, the Special ANNEX
8 2 Protection of Children Against Abuse, Exploitation,
and Discrimination Act, and the Anti-Trafficking in
Persons Act; d. Violations of ordinances punishable by
imprisonment exceeding one year or a fine exceeding
P5,000.00; e. Where one party is a public officer or
employee, and the dispute relates to the performance of
his official functions;
 NOT COVERED
f. Disputes involving parties who actually reside in
barangays of different cities or municipalities, except
where such barangay units adjoin each other and the
parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon; g. Other
cases not covered by the katarungang pambarangay
under the Local Government Code and other relevant
laws, rules, and regulations.
 WHEN PARTIES MAY GO DIRECTLY TO
COURT
No complaint or action regarding any offense under the
Safe Spaces Act that is covered by the katarungang
pambarangay shall be filed or instituted directly in court,
except in the following instances
1 : a. where the complainant secures a Certificate to File
Action issued by the secretary of the lupong
tagapamayapa or the pangkat ng tagapagkasundo and
attested to by the lupon or pangkat chairperson;
 WHEN PARTIES MAY GO DIRECTLY TO COURT
b. where the accused is under detention; c. where a
person has otherwise been deprived of personal
liberty calling for habeas corpus proceedings; d.
where actions are coupled with provisional
remedies such as preliminary injunction,
attachment, delivery of personal property and
support pendente lite; and e. where the action may
otherwise be barred by the statute of limitations.
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