July 18, 2019

New PH Law Protects Individuals from Catcallers and Stalkers

The Safe Streets and Public Spaces Act (House Bill No. 5781), lapsed into law on April 21, 2019, after President Rodrigo Duterte did not act on a bicameral conference committee report ratified in February.

According to the Philippine Legislative Process by the Official Gazette of the national government, a bill is said to have lapsed into law if the President fails to act on it within 30 days after receiving the bill. It takes effect 15 days after being publicized.

Good news, mga mahal!

BATAS NA: Safe Streets & Public Spaces Act (our 12th law) will protect everyone, especially women & LGBT, from sexual harassment in the streets, schools & workplaces.

This law is a landmark victory against bastos culture. Goodbye, catcallers!

— risa hontiveros (@risahontiveros) May 29, 2019

Also read: Introduction to the Philippine Legislative Process

The new law according to Senator Risa Hontiveros, the principal author, is an expansion of the Anti-Sexual Harassment Act of 1995, which only covers sexual harassment committed by people with authority in the workplace, schools and training institutions.

IMAGE from Senator Risa Hontiveros Official Facebook Page

Safe Streets and Public Spaces Act

We have summarized the acts punishable under this new law:

Light violations

First offense: Fine of Php 1,000 and/or community service of 8 hours inclusive of a Gender Sensitivity Seminar
Second offense: Fine of Php 2,000 or arrest of 6-10 days
Third offense: Fine of Php 3,000 or arrest of 11-30 days

Cursing, wolf-whistling, cat-calling, leering;
persistent requests for name, contact and social media details or destination after clear refusal;
the use of words, gestures, or actions tending to ridicule on the basis of actual or perceived sex, gender expression, or sexual orientation and identity including sexist, homophobic and transphobic slurs;
or the persistent telling of sexual jokes, use of sexual names, comments and demands.

Medium violations

First offense: Fine of Php 3,000 and/or community service of 8 hours inclusive of a Gender Sensitivity Seminar
Second offense: Fine of Php 4,000 or arrest of 11-30 days
Third offense: Fine of Php 5,000 or arrest of 1-6 months

Making offensive body gestures at someone, exposing private parts for the sexual gratification of the perpetrator with the effect of demeaning, harassing, threatening, or intimidating the offended party.
This include but are not limited to flashing, masturbation, groping, and similar actions

Severe violations

First offense: Arrest for 11-30 days or a fine of Php 4,000 with attendance to a Gender Sensitivity Seminar
Second offense: Fine of Php 5,000 or arrest of 1-6 months
Third offense: Fine of Php 10,000 or arrest of 1-6 months

Stalking (refers to conduct directed at a person that serves no legitimate purpose or alarms, annoys, or intimidates that person);
any of the acts above when accompanied by touching, pinching, or brushing against the body of the offended person;
or any touching, pinching or brushing against the genitalia, anus, groin, breasts, inner thighs, face or buttocks

When the perpetrator is a stranger to the victim, the absence of consent is presumed.

Also read: Gestures That Filipinos Find Offensive

IMAGE from Akbayan Partylist Official Facebook Page

Prevailing laws in The Philippines

The United Nations and the local Social Weather Stations (SWS) conducted a study on Quezon City in February 2016 and found that 88% of women aged 18-24 have experienced harassment at least once.

In 2016, Quezon City passed a city ordinance known as the Gender and Development Code of Quezon City. In 2018, the city of Manila passed its own Anti-Catcalling Ordinance.

Also read: Catcalling and Public Harassment: Now Officially Banned in Manila!

Senator Risa Hontiveros and Manila District 4 Councilor Krystle Bacani holding the approved ordinance. / IMAGE Safe Cities Metro Manila Programme

No one should experience and fear various types of sexual violence in public spaces. Sexual remarks, unwanted touching, and rape has a negative impact on victims and it is just right for the government to prevent and punish such acts.

Also read: Expat’s Guide to Legal Assistance in the Philippines

Sources: Official Gazette, Senate, UN Women, Safe Streets and Public Spaces Act, Quezon City Council, Interaksyon, and PhilStar