At A Glance
- Solid North Party-list Rep. Ching Bernos believes that stiffer penalties are needed in Republic Act (RA) No.11313 or the 2019 Safe Spaces Act, if only to help deter cases of sexual harassment in the workplace.
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Solid North Party-list Rep. Ching Bernos believes that stiffer penalties are needed in Republic Act (RA) No.11313 or the Safe Spaces Act, if only to help deter cases of sexual harassment in the workplace.
“It is unfortunate that in the 30 years that we have had the Anti-Sexual Harassment Act and seven years after we have come up with the Safe Spaces Act, it seems we still have a long way to go,” Bernos said in a statement Sunday, Oct. 19.
“Tila ba nawawalan ng silbi ang batas na pumoprotekta kontra abuso dahil patuloy pa rin ang ulat tungkol sa mga insidente ng harassment. At ang malagim na realidad ay kung mangilan-ngilan lamang ang naibabalita, tiyak na mas maraming biktima ang nagtitiis lamang at hindi nagsusuplong dahil sa takot, she added.
(It seems this anti-abuse law is losing its effectiveness, as reports of harassment incidents continue. And the grim reality is that if only a few cases are being reported, it’s certain that many more victims are simply enduring in silence and not speaking out because of fear.)
RA No.11313 is also known as the "Bawal Bastos Law".
Last week, Manila district 4 Councilor Eunice Castro accused a fellow city councilor of acts of sexual harassment.
Earlier this year, an officer of the Philippine National Police Academy (PNPA) was also accused of alleged sexual harassment of a cadet, while a high-ranking military official also reportedly sexually harassed two junior officers.
Bernos' pending proposal, House Bill (HB) No. 3118, calls for higher penalties for gender-based sexual harassment in educational and training institutions and workplaces.
The lady solon noted that the penalty currently meted out under the law was not enough to deter violators, and should be much higher considering the gravity and impact of sexual harassment on the victims.
To remedy this, she is pushing for the penalty of prision correccional in its maximum period, or a fine of not less than P250,000 but not more than P500,000, or both, for persons found guilty of gender-based sexual harassment in the workplace and in educational and training institutions.
Perpetrators who are heads of the workplace or organization would have their appointments revoked upon conviction; while aliens who commit gender-based sexual harassment in the workplace shall be deported after serving a sentence and/or paying a fine.
Meanwhile, public officials and employees who are found guilty of fomenting, promoting, or exhorting sexual harassment, mysoginistic, transphobic, homophobic, and sexist slurs either verbally, in writing, or on social media shall also be imposed the following penalties:
• For the first offense, a fine of P100,000 to 200,000, mandatory suspension from public office or employment for a period of not less than six months without pay, and mandatory completion of a gender-sensitivity and anti-harassment training program certified by an accredited institution;
• A repeat offense shall be punished from P200,000 to P300,000, mandatory dismissal from office and disqualification from holding any public position (elective or appointive) for a period of not less than five years, and a permanent record of the offense on public service credentials and prohibition from receiving benefits tied to the office.
Offenders shall also be required to issue a public apology to the victims and the general public, acknowledging the misconduct and reaffirming a commitment to upholding the Safe Spaces Act’s principles.