Republic Act No. 11313, known as the Safe Spaces Act or "Bawal Bastos Law," was enacted on June 15, 2019, to define and penalize gender-based sexual harassment (GBSH) in streets and public spaces, online platforms, workplaces, and educational or training institutions. The law promotes equality, security, and safety for all individuals regardless of sex, gender, sexual orientation, gender identity, or expression. It addresses gaps in prior legislation, such as Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995), by expanding protections to public and digital spheres and imposing duties on institutions and local governments to prevent and respond to violations.

The Act's declaration of policy recognizes the right to a safe environment free from gender-based harm. It mandates protective measures, establishes redress mechanisms, and prescribes escalating penalties. Implementing Rules and Regulations (IRR) were promulgated to guide enforcement, detailing procedures, agency roles, and victim support. The Philippine Commission on Women (PCW) leads implementation in coordination with the Department of the Interior and Local Government (DILG), Department of Labor and Employment (DOLE), Department of Education (DepEd), Commission on Higher Education (CHED), and other bodies.

Understanding Gender-Based Sexual Harassment under RA 11313

GBSH refers to unwanted and uninvited sexual actions or remarks directed at a person based on their sex, gender, sexual orientation, gender identity, or expression. It creates a hostile environment, invades personal space, or threatens safety. The law categorizes it across four main settings:

Streets and Public Spaces (including public utility vehicles, restaurants, malls, cinemas, bars, resorts, and other privately-owned places open to the public): Acts include catcalling, wolf-whistling, leering, intrusive gazing, taunting, cursing, unwanted invitations, sexist/transphobic/homophobic slurs, persistent unwanted comments on appearance or personal details, sexual jokes, and invasion of personal space. More severe acts involve offensive body gestures, exposing private parts, public masturbation, groping, flashing, or stalking accompanied by touching/pinching.
Online Platforms: Gender-based online sexual harassment includes acts performed through information and communications technology, such as unwanted sexual remarks, sharing of intimate content without consent, cyberstalking, or threats of a sexual nature.
Workplaces: Unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature that affects employment, creates an intimidating/hostile/offensive work environment, or is used as a basis for employment decisions. This supplements RA 7877.
Educational or Training Institutions: Similar unwelcome conduct affecting students, faculty, or trainees, creating a hostile learning environment.

The law applies to everyone—perpetrators and victims alike—regardless of gender. It covers both public and private sectors and holds establishments (e.g., malls, transport operators) to a zero-tolerance policy, requiring assistance to victims, coordination with police, and preservation of evidence like CCTV footage.

Penalties for Violations

Penalties are graduated based on the act's severity and the offender's repeat status, aiming for deterrence and rehabilitation:

Public Spaces (Section 11):
- Minor verbal/non-physical acts (e.g., catcalling, slurs): First offense – ₱1,000 fine + 12 hours community service (including gender sensitivity seminar); Second – arresto menor (6-10 days) or ₱3,000 fine; Third – arresto menor (11-30 days) + ₱10,000 fine.
- Lewd gestures/exposure: Higher fines (₱10,000–₱20,000) and longer imprisonment.
- Acts involving touching/stalking: First – arresto menor (11-30 days) or ₱30,000 fine; escalating to arresto mayor (up to 6 months) and ₱100,000 for third offenses.
Online GBSH (Section 14): Prision correccional in its medium period (6 months and 1 day to 2 years and 4 months) or fine of ₱100,000 to ₱500,000, or both. For juridical persons, license revocation; aliens face deportation post-sentence.
Workplace and Educational Institutions: Administrative penalties via internal mechanisms, plus civil/criminal liabilities. Employers or school officials may face sanctions for failure to prevent or address complaints.

Local government units (LGUs) may impose heavier penalties through ordinances. Additional consequences include license cancellation (e.g., for drivers by LTO) and mandatory attendance at gender sensitivity seminars. Courts may issue restraining orders to protect victims.

Steps in Filing a Complaint

Victims (or witnesses) may pursue administrative, civil, or criminal remedies, often simultaneously. Immediate reporting and documentation strengthen cases. Key evidence includes witness statements, photos/videos, screenshots (for online), medical records, CCTV, and timestamps.

General Preparation:

Document the incident: Date, time, location, description of acts, perpetrator details (if known), and impact.
Preserve digital evidence securely (e.g., URLs, screenshots with metadata).
Seek medical or psychological support if needed; the Department of Social Welfare and Development (DSWD) and DOH coordinate counseling.

1. Gender-Based Sexual Harassment in Streets and Public Spaces:

Report immediately to the nearest barangay Anti-Sexual Harassment Desk (ASH Desk), which LGUs must establish in barangay, city, and municipal halls. Security guards in private establishments (malls, etc.) are deputized to receive complaints, apprehend perpetrators caught in flagrante delicto, and coordinate with police.
File with the Philippine National Police (PNP) Women's and Children's Protection Desk (WCPD) or station. In Metro Manila, the Metropolitan Manila Development Authority (MMDA) assists.
The Anti-Sexual Harassment Enforcement (ASHE) unit or WCPD maintains ledgers to track repeat offenders.
For public utility vehicles, report to operators or LTO.
Complaint may be verbal or written; authorities must act promptly and provide referral to support services.

2. Gender-Based Online Sexual Harassment:

Report to the platform first (e.g., social media reporting tools) to remove content.
File formally with the PNP Anti-Cybercrime Group (via e-complaint desk at acg.pnp.gov.ph), National Bureau of Investigation (NBI) Cybercrime Division, or Department of Justice (DOJ) Office of Cybercrime.
The DOJ, PNP, and NBI maintain protocols for receiving and investigating online complaints, including preservation of electronic evidence.
Provide URLs, usernames, and timestamps.

3. Workplace Harassment:

File an administrative complaint first with the employer's Committee on Decorum and Investigation (CODI), which employers must establish as an independent internal mechanism.
The CODI must investigate within 10 days (or less), observe due process, and decide promptly. Policies must be disseminated, including the prohibition and procedures.
If unresolved or for escalation: Private sector – DOLE; government – Civil Service Commission (CSC).
Parallel criminal or civil cases may be filed in court. Employers have duties to prevent (e.g., seminars, safe environment) and are liable for non-compliance.

4. Educational or Training Institutions:

Report to the designated officer-in-charge or grievance committee. Schools must adopt and publish procedures, provide a gender-sensitive environment, and investigate even without a formal complaint if they have knowledge of incidents.
For public schools: DepEd; private/higher education: CHED; technical: TESDA.
Institutions must act to eliminate hostile environments and prevent recurrence.

Complaints may be filed in person, online (where available), or through hotlines established by LGUs and agencies. Authorities must ensure confidentiality and victim-centered handling.

Investigation, Resolution, and Appeals

Administrative: Internal committees or agencies (DOLE, CSC, DepEd, CHED) conduct investigations with due process (notice, hearing, evidence presentation). Decisions may be appealed to higher bodies or courts.
Criminal: Filed with prosecutor's office or directly in court (e.g., municipal/metropolitan trial courts for lighter penalties; regional trial courts for graver ones). PNP or NBI investigates.
Civil: For damages, injunctions, or protection orders.

Courts may issue temporary or permanent restraining orders pre-judgment, directing perpetrators to stay away from the victim’s home, school, or workplace.

The prescription period is generally three years for public spaces offenses and five years for workplace and educational violations.

Victim Protections and Support

Confidentiality: Proceedings protect victim identity; records are not public.
No Retaliation: Employers, schools, and authorities face penalties for reprisals.
Support Services: LGUs, DSWD, DOH, and PCW provide counseling, medical aid, and referrals. Victims receive gender-sensitive treatment.
Witness Protection: Available where threats exist.
Free Legal Aid: Through the Public Attorney’s Office (PAO) or Integrated Bar of the Philippines.

Roles of Key Implementing Bodies

PCW and DILG: Oversee policy and LGU compliance; mandate ASH Desks and hotlines.
PNP and NBI: Apprehension, investigation, and online enforcement.
DOLE and CSC: Workplace monitoring and adjudication.
DepEd, CHED, TESDA: Educational compliance.
DICT: Online aspects.
LGUs: Local enforcement, desks, CCTVs, and ordinances.
Joint Congressional Oversight Committee: Monitors implementation.

A national anti-sexual harassment hotline and referral systems support victims.

Additional Considerations

The Safe Spaces Act interacts with other laws (e.g., Anti-VAWC Act, Cybercrime Prevention Act) and does not preclude filing under them for overlapping acts. Employers and institutions must conduct annual training and random DOLE inspections ensure compliance.

Challenges in implementation include varying LGU capacity, underreporting due to stigma, and digital evidence preservation. Victims are encouraged to act promptly, as delays may affect evidence or prescription.

This framework under RA 11313 provides robust mechanisms for accountability and victim redress, reinforcing safe spaces across Philippine society.