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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO,_ 253.3%

Introduced by 4Ps Partylist Representative
JC M. ABALOS

EXPLANATORY NOTE

The Republic Act No. 11313, otherwise known as the Safe Spaces Act, is a crucial step
toward protecting individuals from gender-based violence and harassment. The law has
provided a framework for addressing gender-based street harassment and online sexual
harassment, which have been prevalent issues in the country.

While the law expanded the legal protection for individuals experiencing gender-based
violence and harassment, there are concerns that the corresponding penalties provided therein
are no longer sufficient to deter offenders. As it stands, the imposable penalties for sexual
harassment committed in the workplace and within educational and training institutions are
those outlined in R.A. 7877 or the Anti-Sexual Harassment Act of 1995. Unfortunately, these
penalties are no longer sufficient vis-a-vis the evolving nature of sexual harassment and gender-
based violence.

According to the 2020 study conducted by the Philippine Commission on Women
(PCW), around 33% of female students and 10% of male students in higher education
institutions experienced sexual harassment in the previous year. The study identified verbal
harassment, unwanted physical contact, and sexual jokes or gestures as the most common forms
of sexual harassment. Additionally, the UN Women Philippines published a report in 2020 that
revealed the prevalence of sexual harassment in the workplace, attributing the lack of
workplace policy implementation and insufficient legal protection for victims as contributing
factors.


As such, there is a need to reevaluate the existing penalties and consider putting in place
penalties that better reflect the severity of the offense that shall deter potential offenders. By
doing so, the Philippines can ensure that its laws regarding sexual harassment remain up-to-
date and effective in protecting individuals from gender-based violence and harassment in the
workplace and educational settings. It will also encourage individuals to report incidents of
harassment and hold perpetrators accountable for their actions.

This bill proposes amendments to R.A. 11313 to help strengthen its implementation and
enforcement, thus, ensuring that individuals are protected from gender-based harassment and
violence and, ultimately, toward creating safe spaces for all Filipinos.

M. ABALOS
Representative
4Ps Partylist


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
N Regular Session

Hotse BILL No._7537

Introduced by 4Ps Partylist Representative
JC M. ABALOS.

AN ACT ESTABLISHING PENALTIES FOR GENDER-BASED SEXUAL
HARASSMENT IN THE WORKPLACE AND EDUCATIONAL AND TRAINING
INSTITUTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 11313,

OTHERWISE KNOWN AS SAFE SPACES ACT

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. A new section is hereby added afier Section 20 of Republic Act No. 11313,
otherwise known as Safe Spaces Act, to read as follows:

“SECTION 21. Penalties for Gender-Based Sexual Harassment in the Workplace. ~
The penalty of prisién correccional in its maximum period or a fine of not less than two
hundred fifty thousand pesos (P250,000.00) 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 sexual harassment under this Article.

If the perpetrator is the head of the workplace or organization, his or her appointment
shall be automatically deemed revoked upon conviction. An alien who commits gender-
based sexual harassment in the workplace shall be subject to deportation proceedings
after serving sentence and payment of fines.”

SECTION 2. A new section is hereby added after Section 25 of Republic Act No. 11313,
otherwise known as Safe Spaces Act, to read as follows:


20
21
22
23
24
25
26
27
28
29
30
31
32
33

35

37
38
39
40
a1
42
43

45

“SECTION 26. Penalties for Gender-Based Sexual Harassment in Education or
Training Institutions. — The penalty of prision correccional in its maximum period of a
fine of not less than two hundred fifty thousand pesos (P250,000.00) 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 sexual harassment under
this Article.

If the perpetrator is the head of the school or organization, his or her appointment shall
be automatically deemed revoked upon conviction. An alien who commits gender-
based sexual harassment in an education or training institution shall be subject to
deportation proceedings after serving sentence and payment of fines.”

SECTION 3. The succeeding sections of the Safe Spaces Act are hereby renumbered
accordingly.

SECTION 4. Separability Clause. - If any provision or part hereof is held unconstitutional
or invalid, the remaining provisions not be affected thereby shall remain valid and subsisting.

SECTION 5. Repealing Clause. All laws, decrees, executive orders, rules, and regulations,
or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified

accordingly.

SECTION 6. Effectivity. The Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in two (2) newspapers of general _ circulation.

Approved,