The Safe Spaces Act (Republic Act No. 11313), popularly known as the "Bawal Bastos Law," significantly expanded the legal protections for individuals against gender-based sexual harassment. While the older Anti-Photo and Video Voyeurism Act of 2009 (RA 9995) specifically addresses the recording of sexual acts, the Safe Spaces Act (SSA) provides a broader framework for addressing voyeuristic behaviors and sexual harassment in public spaces, workplaces, educational institutions, and online.

I. What Constitutes Voyeurism Under the Safe Spaces Act?

Under the SSA, voyeurism is categorized within the broader definition of Gender-Based Sexual Harassment (GBSH). It involves acts that violate a person’s privacy and dignity through unwanted sexual attention or visual recording without consent.

In the context of the SSA, punishable voyeuristic acts include:

Visual and Sexual Harmlessness: Recording or taking photographs/videos of a person’s "private parts" or undergarments without consent (often referred to as "upskirting" or "downblousing").
Gender-Based Online Sexual Harassment: Uploading, sharing, or threatening to share photos, videos, or any information that contains sexual content or targets a person’s gender, intended to harass or demean the victim.
Stalking in Public Spaces: Persistent following or monitoring of a person, which can include physical or electronic voyeurism.

II. Where Did the Violation Occur?

The SSA categorizes offenses based on the "space" where the act happened. This determines who is liable and where to file the complaint.

Public Spaces: Streets, parks, malls, bars, public utility vehicles (PUVs), and even government offices.
Workplaces: Offices and professional environments, regardless of whether the harasser is a superior, peer, or subordinate.
Educational Institutions: Schools and universities, including harassment by faculty, staff, or fellow students.
Online: Social media platforms, messaging apps, and any digital space.

III. Steps to File a Case

1. Immediate Action and Evidence Gathering

To build a strong case, documentation is critical.

Preserve Digital Evidence: Do not delete screenshots, links, or original files of the voyeuristic material.
Identify Witnesses: If the act occurred in public, try to get the contact details of people who saw the incident.
CCTV Footage: If the act occurred in a mall or building, immediately request the management to preserve the CCTV footage.

2. Filing the Complaint

The venue for filing depends on the location of the incident:

For Public Spaces: Report the incident to the Local Government Unit (LGU) through their "Anti-Sexual Harassment Office" or the nearest Police Station (Women and Children Protection Desk).
For Workplaces: Report to your company’s Committee on Decorum and Investigation (CODI). Under the SSA, every employer is mandated to create a CODI to handle such complaints.
For Schools: Report to the school’s CODI or the Office of Student Affairs. Schools are legally required to have internal mechanisms to protect students.
For Online Voyeurism: File a complaint with the PNP Anti-Cybercrime Group (PNP-ACG) or the NBI Cybercrime Division.

3. Formal Prosecution

If you wish to pursue criminal charges beyond administrative sanctions:

Go to the Office of the City or Provincial Prosecutor to undergo an Inquest or Preliminary Investigation.
A prosecutor will determine if there is probable cause to file a "Criminal Information" in court.

IV. Penalties Under RA 11313

The penalties vary based on the gravity of the act and the frequency of the offense:

Offense Level	Penalty (Public Spaces)
First Offense	Fine of ₱10,000 to ₱30,000 AND/OR 12 hours of community service / Gender sensitivity training.
Second Offense	Fine of ₱30,000 to ₱50,000 AND imprisonment of 11 to 30 days.
Third Offense	Fine of ₱50,000 to ₱100,000 AND imprisonment of 1 month and 1 day to 6 months.

Note: For Online Sexual Harassment, the penalty is significantly higher, typically Prision Mayor in its medium period or a fine of ₱100,000 to ₱500,000.

V. Key Legal Principles to Remember

Consent is Paramount: The absence of consent is the core of the violation. It does not matter what the victim was wearing or what they were doing at the time.
Confidentiality: Victims have the right to privacy during the investigation. All records must be kept confidential to protect the victim from further trauma or social stigma.
Duty of Bystanders and Institutions: Under the SSA, establishments (like bars or malls) and even bystanders have a duty to assist the victim. Establishments that fail to act on reported cases can have their business permits revoked.

VI. The Difference Between RA 11313 and RA 9995

While both laws cover voyeurism, it is important to distinguish them:

RA 9995 (Anti-Photo and Video Voyeurism Act): Focused on the act of recording or distributing videos of sexual acts or "private areas" with the intent to capture or share such images.
RA 11313 (Safe Spaces Act): A broader "catch-all" for gender-based harassment. It covers "catcalling," "upskirting," and online harassment that may not necessarily involve a full sexual act but still constitutes voyeuristic behavior.

A lawyer can help determine if the offender should be charged under one or both of these laws, depending on the specific circumstances of the case.