Palace: Duterte to obey ‘Bawal Bastos’ law

Malacañang on Tuesday assured the public that President Rodrigo Duterte, whose rape jokes have triggered criticism from various sectors, will follow the law against sexual harassment that he signed in April.

"Since the President signed that law, it means that he recognizes the need for that law and since he is the chief enforcer of all laws of the Philippines he will be the first one to obey the law," presidential spokesperson Salvador Panelo said at a news conference.

Duterte signed Republic Act 11313 or the Safe Spaces Act on April 17, a measure that 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.

Punishments range from community service, fine, revocation of license or franchise to imprisonment.

"This should benefit all so that everyone should be cautious to make some sexist remarks that maybe offensive to those who are more sensitive," Panelo said.

However, women's group Gabriela seemed not optimistic, saying Duterte's role as the "misogynist-in-chief" would make implementation challenging.

The President previously linked women’s beauty to rape, joked about the gang rape and murder of an Australian missionary and told soldiers to rape women in Marawi at the height of the military campaign against the Islamic State-inspired Maute group that laid siege to the city in 2017.

He had also threatened to release to the public the supposed sex video featuring staunch critic and detained Senator Leila De Lima and her alleged paramour.

Panelo reiterated that Duterte's jokes were meant to make people laugh.

"He never was bastos. When he cracks jokes it was intended to make people laugh, never to offend. If you will just listen to the jokes of the President, talagang matatawa ka," he said, adding the President is respectful and reacts "negatively" to people who offend women. 

Asked if the public should expect less controversial statements about women from Duterte in light of the law's passage, Panelo said: "Let's see. he's a man of surprises."

Panelo added anyone can file charges against the President.

"If the President commits any violation of any law then any person can sue him for that violation. If you argue that well he is immune well you can always sue him after the presidency," the Palace spokesman said.

"No one is above the law including this President and he always tells us that."

But Panelo said a penal law like RA 11313 requires the complainant to prove that he or she was the subject of the offensive demeanor.

"The crime is personal to the offender and the offended party. Hindi naman niya ginagawa 'yun. Never siya nambastos ng isang particular na tao. It does not apply to him," he said.

The Philippine Commission on Women, in coordination with other agencies and at least three women's groups active on the issues of gender-based violence, has 90 days to craft the implementing rules and regulations of the law.  — RSJ, GMA News