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Bawal Bastos Law ensures due process for accused offenders, Hontiveros says
Senator Risa Hontiveros on Monday expressed confidence that the newly signed implementing rules and regulations (IRR) for the Bawal Bastos Law or Safe Spaces Act ensure due process for accused violators.
“Isa sa pinagsusumikapan ng Bawal Bastos Law ay masingil 'yung accountability ng mga offenders na may due process na ino-observe,” she told reporters on the sideline of the signing ceremony.
The accused denied assaulting the other rider, as CCTV footage of the incident seemed to bear him out.
“Walang kino-contemplate na sitwasyon ang Bawal Bastos Law tulad niyan na ang isang suspected offender ay bubugbugin. Hindi,” Hontiveros said.
She explained that the “victim survivor” should report the incident to Philippine National Police deputized officials like Metropolitan Manila Development Authority personnel.
“Yung law enforcer pwedeng mag-issue na ticket doon da suspected offender, from which mag-e-ensue 'yung investigation o fact-finding,” she said.
Hontiveros, who authored the Republic Act 11314 or the Safe Spaces Act, welcomed the signing of the IRR, which was conducted with a ceremony in Ortigas on Monday.
“I am confident that the IRR is appropriate and sufficient to ensure that provisions of the law are easily understood, that offenders will be held accountable while ensuring due process,” she said in a statement.
Hontiveros emphasized that victims are assured of justice and assistance to recovery.
The Bawal Bastos Law penalizes "any unwanted and uninvited sexual actions or remarks against any person” in public spaces.
These actions include catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal or physical, that are unwanted and threaten one’s sense of personal space and physical safety.
The specified acts may be punishable from community service of 12 hours up to 11 to 30 days imprisonment for the third offense.
Other unlawful acts, such as making offensive body gestures at someone, exposing private parts for the sexual gratification of the perpetrator, and stalking, to name some, may receive graver punishment of imprisonment of up to a month and one day and up to six months under the law.
Any person found guilty of gender-based online sexual harassment will be penalized with imprisonment or a fine of between P100,000 and P500,000 or both.
If the perpetrator is a juridical person, its license or franchise shall be automatically deemed revoked and the persons liable shall be its officers, including the editor or reporter in the case of print media, and the station manager, editor and broadcaster in the case of broadcast media.
A foreign national who commits gender-based online sexual harassment shall be subject to deportation proceedings after serving sentence and payment of fines.
Hontiveros said last May that the law also covers those who make rape jokes.
IRR review
According to Hontiveros, the IRR underwent an intense review by government agencies, advocacy groups and academe members.
At least 16 government agencies signed the IRR including the Metropolitan Manila Development Authority, Department of the Interior and Local Government, Department of Education, and Commission on Human Rights.
Hontiveros thanked different government agencies led by the Philippine Commission on Women and partner organizations including women and LGBT groups.
“Babaguhin niyo ang ating pag-uugali at paggamit ng ating lenggwahe sa mga kababaihan at LGBT,” she said.
“Magtutulak ito ng bago at positibong kultura sa mga Pilipino kapalit ng kultura ng kabastusan at karahasan sa ating lansangan,” she added.
Hontiveros is also the chair of the Senate Committee on Women, Children, Family Relations and Gender Equality. — BM, GMA News
