Sarip, Sittie Asnaira G.
BSED Major in English
The Teaching Profession
Written Report
“Anti- Bastos Law”
The "Anti-Bastos Law" is a colloquial term in the Philippines referring to Republic Act No. 11313, officially
known as the Safe Spaces Act. This law, signed in 2019, is aimed at addressing different forms of
harassment, particularly in public spaces, workplaces, and online. It strengthens the country's legal
framework on preventing gender-based harassment, often referred to as "bastos" or offensive behavior,
which includes catcalling, sexual advances, and sexist remarks.
Here are the key points of the law:
1. Public Spaces Harassment: The law covers unwanted behavior like catcalling, leering, sexist
slurs, and unwanted advances in streets and public spaces.
2. Online Harassment: It also extends to online spaces, making it illegal to post misogynistic,
transphobic, homophobic, or other gender-based derogatory remarks online.
3. Workplace and Schools: It addresses sexual harassment in workplaces and educational
institutions, requiring establishments to create measures to prevent such behavior and provide
redress mechanisms for victims.
Sarip, Sittie Asnaira G.
BSED Major in English
The Teaching Profession
Written Report
4. Penalties: The law imposes fines, community service, and imprisonment, depending on the
severity of the offense. Repeated violations can lead to stiffer penalties.
The "Anti-Bastos Law" is part of the government's broader effort to create safer spaces for everyone,
especially women and LGBTQ+ individuals, by targeting harmful behavior that is often dismissed as
trivial.
Constitution Definition: The 1987 Constitution of the Republic of the Philippines is the supreme law of the
land and serves as the foundation for the country's legal system. It defines the structure of the
government, the rights and duties of its citizens, and the basic principles that guide the nation.
The constitutionality of the Anti-Bastos Law or Republic Act No. 11313 (Safe Spaces Act) is grounded in
the Philippines' 1987 Constitution, specifically under several key provisions that support the rights to
equality, dignity, and protection from violence and harassment. Here's how the law aligns with the
Constitution:
1. Equal Protection of the Law (Article III, Section 1)
The Safe Spaces Act promotes equal protection by ensuring that all individuals—regardless of gender,
sexual orientation, or gender identity—are shielded from harassment and violence. The law applies to
everyone, but it is especially focused on marginalized groups like women and LGBTQ+ individuals who
often face discrimination and harassment in public spaces and online.
2. Right to Dignity (Article II, Section 11)
The Constitution mandates that the State must value the dignity of every person and guarantee full
respect for human rights. The Anti-Bastos Law helps enforce this by prohibiting acts that degrade or
insult the dignity of individuals, such as catcalling, sexist remarks, or inappropriate physical contact.
3. Protection of Women and Children (Article II, Section 14)
The Constitution emphasizes the role of the State in protecting women and children from violence and
abuse. The Safe Spaces Act directly addresses gender-based harassment, thus providing legal
mechanisms for women to seek protection from harmful and degrading acts.
4. Freedom of Expression (Article III, Section 4)
While the Constitution protects freedom of speech, the Anti-Bastos Law aims to balance this right with
the responsibility not to harm others through speech. Harassment, especially sexist or gender-based
speech, is not protected under the Constitution when it infringes on others' rights to safety and dignity.
The law does not broadly restrict free speech but penalizes forms of expression that amount to
harassment or discrimination.
Sarip, Sittie Asnaira G.
BSED Major in English
The Teaching Profession
Written Report
5. Promotion of Social Justice (Article II, Section 10)
The State is mandated to promote social justice in all phases of national development. The Anti-Bastos
Law contributes to this by addressing inequalities that exist in public spaces and online, where women,
LGBTQ+ individuals, and marginalized communities are often targets of harassment.
Constitutional Concerns and Challenges
Some critics have raised concerns that the Anti-Bastos Law could potentially conflict with freedom of
expression, particularly in the case of online harassment where defining what constitutes a violation may
be subjective. However, courts generally uphold that not all speech is protected if it violates other
individuals' rights to dignity, safety, and privacy.
Conclusion
The Anti-Bastos Law is well-aligned with the Philippine Constitution's guarantees of equal protection,
dignity, and social justice. It seeks to create a safer environment for all by penalizing acts of harassment,
while still respecting fundamental rights like freedom of expression within reasonable limits.
Statutes Definition: Statutes are formal written laws enacted by a legislative body, such as a parliament
or congress. In legal systems, statutes serve as a primary source of law and are intended to
provide clear, codified rules and regulations for governing various aspects of society.
The Anti-Bastos Law or Republic Act No. 11313 (Safe Spaces Act) outlines several key statutes that
establish its scope, provisions, penalties, and mechanisms for enforcement. Below is a breakdown of the
core statutes of this law:
1. Scope of Application

The law addresses gender-based sexual harassment in:
o
Public spaces (streets, malls, public transportation, etc.).
o
Online spaces (social media, messaging platforms, etc.).
o
Workplaces (private and public offices).
o
Educational institutions (schools, universities, etc.).
2. Prohibited Acts (Chapter II, Sections 4–9)
The law enumerates specific acts considered as gender-based sexual harassment:
In Public Spaces:

Catcalling: Whistling, calling, or shouting at someone in a sexual or derogatory manner.
Sarip, Sittie Asnaira G.
BSED Major in English
The Teaching Profession
Written Report
 Sexual comments or suggestions: Unwanted remarks about someone's appearance or body.

Leering or intrusive gazing: Staring in a way that makes someone feel uncomfortable.

Persistent requests for personal details despite refusal.

Cursing, wolf-whistling, sexist remarks, and other acts of sexual harassment.
In Online Spaces:

Unwanted sexual remarks, comments, and requests.

Sending lewd photos or videos without consent.

Creating fake social media accounts that target or harass a person.

Uploading or sharing sexual content without permission.
In Workplaces and Educational Institutions:

Verbal harassment: Sexually charged jokes, comments, and insinuations.

Physical acts: Unwanted touching, grabbing, or advances.

Stalking or persistent unwanted attention.
3. Duties of Employers, Schools, and Other Institutions (Chapter IV)

Employers, managers, and school administrators are required to take steps to prevent
harassment within their premises.

They must create policies to handle complaints of harassment and designate grievance officers
to handle such cases.

Educational institutions are mandated to conduct anti-sexual harassment seminars and
awareness programs for students and staff.
4. Penalties (Chapter V, Sections 17–23)
The penalties for violating the Anti-Bastos Law vary based on the severity of the offense and the setting
in which it occurs:
For Gender-Based Harassment in Public Spaces:

First offense: Fine of ₱1,000 to ₱5,000, community service, or attendance at a gender-sensitivity
seminar.

Second offense: Fine of ₱5,000 to ₱10,000 or imprisonment of up to six months.

Third offense: Fine of ₱10,000 to ₱20,000 or imprisonment of one to six months.
For Online Gender-Based Harassment:
Sarip, Sittie Asnaira G.
BSED Major in English
The Teaching Profession
Written Report
 Penalties include fines of ₱100,000 to ₱500,000 and imprisonment ranging from two to four
years, depending on the nature and frequency of the offense.
For Workplace and Educational Institution Harassment:

Administrative sanctions are imposed on the harasser, which may include termination or
suspension from work or school.

Institutions that fail to address complaints can be penalized for their negligence.
5. Duties of Local Government Units (Chapter VI)

Local governments are responsible for passing ordinances that align with the Safe Spaces Act to
prevent and address gender-based harassment in their localities.

They are also tasked with educating the public about the law and establishing mechanisms to
report and act on harassment cases.
6. Duties of Law Enforcement Officers (Chapter VII)

Law enforcement officers are tasked with apprehending individuals who commit acts of
harassment in public or online.

Officers are also required to undergo training on gender sensitivity and how to properly handle
cases of gender-based harassment.
7. Community Involvement (Chapter VIII)

The law encourages citizens to act as watchdogs and report acts of gender-based harassment in
public spaces and online.

Establishments (like malls, public transport operators, etc.) are encouraged to install CCTV
cameras and adopt protocols to ensure the safety of individuals.
8. Anti-Retaliation Clause (Section 24)

Retaliation against any person who reports or files a complaint of gender-based harassment is
prohibited. Retaliatory acts include termination, demotion, or victim-blaming, and these are
punishable under the law.
9. Safe Space in Public Transportation (Section 12)

Public transportation operators must ensure their vehicles are free from harassment and must
educate their employees on how to prevent harassment within their services.
CONCLUSION:
The "Anti-Bastos Law" is part of the government's broader effort to create safer spaces for everyone,
especially women and LGBTQ+ individuals, by targeting harmful behavior that is often dismissed as
Sarip, Sittie Asnaira G.
BSED Major in English
The Teaching Profession
Written Report
trivial. Statutes define specific rules, rights, duties, procedures, and penalties that govern individuals,
businesses, and government agencies. They provide the legal foundation for how society operates and
ensures that laws are clear and enforceable. Constitution also upholds the sovereignty of the people,
ensuring their rights to equality, dignity, and participation in governance, while setting limits on
government powers to prevent abuse.
Both statutes and the Constitution work in tandem to ensure that laws are just, that individual freedoms
are protected, and that social justice is promoted. While statutes address specific issues, the Constitution
provides the overarching principles and foundation upon which all laws, including statutes, must align. In
effect, statutes fill in the details of governance under the broad directives of the Constitution.
Photos and sources from: https://www.officialgazette.gov.ph/2019/04/17/republic-act-no-11313/
Sarip, Sittie Asnaira G.
BSED Major in English
The Teaching Profession
Written Report
Uploaded on: July 16, 2019S