Republic Act No. 11313, otherwise known as the Safe Spaces Act (or the "Bawal Bastos" Law), significantly expanded the definition of sexual harassment in the Philippines. Unlike the older Anti-Sexual Harassment Act of 1995 (RA 7877), which was limited to work, education, or training environments and required a hierarchy (superior-subordinate), the Safe Spaces Act covers harassment in public spaces, online, and even between peers.
I. Scope of Gender-Based Sexual Harassment (GBSH)
The law categorizes GBSH into three primary spheres:
1. GBSH in Streets and Public Spaces
This refers to unwanted and uninvited sexual actions or remarks against any person regardless of the motive. Public spaces include alleys, roads, parks, buildings, malls, public utility vehicles (PUVs), and even private establishments open to the public.
- Acts Covered: Catcalling, wolf-whistling, leering, intrusive gazing, cursing, misogynistic/transphobic slurs, persistent telling of sexual jokes, and stalking.
- Physical Acts: Touching, pinching, or brushing against the body; flashing of private parts; and frotteurism (rubbing against another person).
2. Gender-Based Online Sexual Harassment (GBOSH)
This involves the use of information and communications technology to terrorize and intimidate victims.
- Acts Covered: Physical, psychological, and emotional threats; unwanted sexual misogynistic or sexist remarks; uploading/sharing photos or videos without consent; cyberstalking; and impersonating victims to post sexual content.
3. GBSH in the Workplace, Educational, and Training Institutions
This expands RA 7877 by covering acts committed between peers, or by a subordinate against a superior.
- Workplace: Includes acts that create an intimidating, hostile, or offensive environment.
- Education: Includes harassment by students against other students, or students against teachers.
II. Where to File the Case
The venue for filing depends on where the harassment occurred:
| Type of Harassment | Primary Enforcement Agency | Filing Venue |
|---|---|---|
| Streets & Public Spaces | Philippine National Police (PNP) / LGU | Police Station or Local Women’s Desk |
| Online Harassment | PNP Anti-Cybercrime Group (ACG) / NBI | Cybercrime Division |
| Workplace | Employer / CHR | Human Resources or Committee on Decorum and Investigation (CODI) |
| Educational Institutions | School Administration | School’s CODI or Office of Student Affairs |
III. The Filing Process: Step-by-Step
1. Document the Incident
Gather as much evidence as possible immediately after the incident:
- Physical: Photos of the perpetrator, CCTV footage, or recordings.
- Digital: Screenshots of messages, posts, or emails (for online harassment).
- Testimonial: Names and contact details of witnesses.
- Log: Write down the exact date, time, location, and specific words or actions used.
2. Filing the Complaint
- For Criminal Liability: Go to the nearest police station or the PNP-ACG. A formal sworn statement (affidavit) will be prepared. The police will then refer the case to the Prosecutor’s Office for preliminary investigation.
- For Administrative Liability: If it happened at work or school, submit a formal complaint to the Committee on Decorum and Investigation (CODI). Under the law, every institution is mandated to have a CODI to handle these specific complaints.
3. Preliminary Investigation
The prosecutor will determine if there is "probable cause" to file the case in court. Both the complainant and the respondent will be required to submit their respective affidavits and counter-affidavits.
4. Prosecution
If probable cause is found, the case is elevated to the proper Metropolitan Trial Court or Regional Trial Court.
IV. Penalties and Sanctions
The penalties under the Safe Spaces Act vary based on the severity and frequency of the act:
- Minor Offenses (e.g., Catcalling): Fines ranging from ₱1,000 to ₱10,000 and community service.
- Moderate Offenses (e.g., Touching): Fines from ₱10,000 to ₱20,000 and possible imprisonment (Arresto Menor).
- Severe Offenses (e.g., Stalking/Online Harassment): Fines up to ₱500,000 and imprisonment (Prision Correccional).
- Administrative: Suspension or dismissal from employment or expulsion from an educational institution.
V. Duties of Institutions and Establishments
The law imposes "command responsibility" on employers and school heads. They must:
- Disseminate copies of the law to all employees/students.
- Establish an internal mechanism (CODI) to investigate and address complaints within ten (10) days of report.
- Provide protective measures for the victim.
- Failure to Act: Employers or school heads who fail to take action on reported harassment can be held administratively liable and fined.
Important Note: In cases of GBSH, the "defense of lack of intent" is generally not a valid excuse. The law focuses on the effect of the conduct on the victim and whether the action was uninvited/unwanted.