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Bawal Bastos Law.pptx

  1. Republic Act No. 11313 or the “Safe Spaces Act” or BAWAL BASTOS LAW
  2. What is considered ‘bastos’ under the Bawal Bastos law?
  3. Generally, all those acts, words, remarks directed towards another person tainted with SEXUAL undertones/innuendos.
  4. What are some of the specific acts punishable under the Bawal Bastos law?
  5. (a) Catcalling – wolf-whistling (sipol), unwanted remarks with sexual innuendos (b) Name calling – derogatory remarks that have the tendency to offend the other person (“bakla”, “tomboy”, “pangit”, “pokpok”, etc.) (c) Staring/Gazing at others – if the other person feels very uncomfortable and feels sexually harassed as a result (d) Unwanted invitations / persistent unwanted invitations – with sexual innuendos (e) Requesting for the name/contact number/address or other personal details of the recipient – with sexual innuendos
  6. (f) Uploading or sharing pictures of another person in social media without the latter’s consent (g) Taking a picture of a fellow passenger inside a jeepney, without the latter’s consent (h) Masturbating or exposing private parts inside a jeepney (i) Brushing of the shoulders or arms with another inside the MRT, and the other person feels harrassed/offended as a result (j) Persistent telling of sexual jokes (k) Giving any statement that has made an invasion on a person’s personal space or threatens the person’s sense of personal safety
  7. If I had no intention whatsoever to offend the other person when I gave the “remark” or did the specific “act”, can I raise this as a defense?
  8. The law does not take into consideration the intention of the person doing the act. Intent of said person is IRRELEVANT. What the law considers is the feeling/reaction of the receiver of the said remark/act. Good faith is not a defense.
  9. What covers “public spaces”?
  10. (a) Streets and alleys (b) public parks (c) schools (d) buildings (e) malls (f) bars (g) restaurants (h) transportation terminals (i) public markets (j) spaces used as evacuation centers (k) government offices (l) public utility vehicles (m) private vehicles covered by app- based transport network services (like Grab)
  11. What are the acts that may be considered gender-based ONLINE sexual harassment?
  12. (1) Those acts that use information and communications technology in terrorizing and intimidating victims through physical, psychological, and emotional threats; (2) unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private messages; (3) invasion of victim’s privacy through cyberstalking and incessant messaging;
  13. (4) uploading and sharing without the consent of the victim, any form of media that contains photo, voice, or video with sexual content; (5) any unauthorized recording and sharing of any of the victim’s photos, videos, or any information online; (6) impersonating identities of victims online; (7) posting lies about victims to harm their reputation; (8) filing false abuse reports to online platforms to silence victims.
  14. What is the difference between Anti-Sexual Harrassment Law and Bawal Bastos Law?
  15. Anti-Sexual Harassment Law has the primary element of “moral ascendancy”. If there are sexual favors, sexual harassment, sexual innuendos committed by a person with moral ascendancy over the other, (ex. between a boss and a subordinate, between a teacher and a student, between an employer “amo” and a yaya), the Anti- Sexual Harassment Law will apply. For the Bawal-Bastos law, the element of “moral ascendancy” is not considered. For example, if the subordinate is the one who sexually harasses his/her boss, the subordinate can be held liable under the Bawal-Bastos law.
  16. What are the acts considered as gender-based sexual harassment in the workplace?
  17. (a) An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically, or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities;
  18. (b) A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems;
  19. (c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient; Provided, that the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior by a subordinate, or to a teacher by a student, or to a trainer by a trainee.
  20. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces (a) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, pursing, unwanted invitations, etc. (1) The first offense shall be punished by a fine of One thousand pesos (₱1,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by the PNP in coordination with the LGU and the PCW; (2) The second offense shall be punished by arresto menor (6 to 10 days) or a fine of Three thousand pesos (₱3,000.00); (3) The third offense shall be punished by arresto menor (11 to 30 days) and a fine of Ten thousand pesos (₱10,000.00).
  21. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces (b) For acts such as making offensive body gestures at someone, and 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 – (1) The first offense shall he punished by a fine of Ten thousand pesos (₱10,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and the PCW; (2) The second offense shall be punished by arresto menor (11 to 30 days) or a fine of Fifteen thousand pesos (₱15,000.00); (3) The third offense shall be punished by arresto mayor (1 month and 1 day to 6 months) and a fine of Twenty thousand pesos (₱20,000.00).
  22. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces (c) For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a) and (b), when accompanied by touching, pinching or brushing against the body of the offended person; or any touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, face, buttocks or any part of the victim’s body even when not accompanied by acts mentioned in Section 11 paragraphs (a) and (b) – (1) The first offense shall be punished by arresto rnenor (11 to 30 days) or a line of Thirty thousand pesos (₱30,000.00), provided that it includes attendance in a Gender Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and the PCW; (2) The second offense shall be punished by arresto mayor (1 month and 1 day to 6 months) or a fine of Fifty thousand pesos (₱50,000.00); (3) The third offense shall be punished by arresto mayor in its maximum period or a fine of One hundred thousand pesos (₱100,000.00).
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