The legal landscape of the Philippines underwent a monumental shift with the enactment of Republic Act No. 11313, otherwise known as the Safe Spaces Act (or the "Bawal Bastos" Law). This legislation expanded the definition of sexual harassment beyond the traditional workplace and education settings, acknowledging that dignity must be protected in both public and online spheres.
1. The Foundational Law: RA 7877
Before the Safe Spaces Act, the primary legislation was the Anti-Sexual Harassment Act of 1995 (RA 7877). While groundbreaking, it had a narrow scope:
- Workplace/Education/Training Limited: It only applied to these specific environments.
- Power Dynamics: It required a relationship of authority, influence, or moral ascendancy. This meant a subordinate could rarely sue a peer or a stranger under this specific law.
- The "Quid Pro Quo": It often focused on harassment as a condition for employment, promotion, or grades.
2. The Expansion: Safe Spaces Act (RA 11313)
The Safe Spaces Act fills the gaps left by RA 7877 by criminalizing gender-based sexual harassment in public spaces, online, workplaces, and educational institutions, regardless of whether a power hierarchy exists.
Gender-Based Streets and Public Spaces Sexual Harassment
This covers acts committed in physical areas like alleys, roads, parks, malls, bars, and public utility vehicles (PUVs).
- Acts punished: Catcalling, wolf-whistling, unwanted invitations, misogynistic/transphobic slurs, persistent uninvited comments on appearance, stalking, and rubbing or touching (groping).
- Liability of Establishments: Owners of restaurants, bars, and malls are required to provide assistance to victims and post clear warning signs.
Gender-Based Online Sexual Harassment
The law recognizes that the digital world is a common site for abuse. It includes:
- Using information and communications technology to terrorize or intimidate.
- Physical, psychological, and emotional threats.
- Unwanted sexual misogynistic or homophobic remarks.
- Uploading/Sharing without consent: Photos, videos, or any information with sexual undercurrents.
- Impersonating victims or spreading lies to harm their reputation.
Gender-Based Sexual Harassment in the Workplace
RA 11313 expands the workplace definition to include:
- Peer-to-peer harassment: Co-workers of equal rank can now be held liable.
- Subordinate-to-superior harassment: A superior can now be a victim of a subordinate.
- Third-party harassment: Harassment by clients or customers.
3. Key Obligations of Employers and Schools
Under the law, institutions are not passive observers. They have affirmative duties:
- CODI Requirement: Every workplace and school must create a Committee on Decorum and Investigation (CODI) to handle complaints.
- Policy Dissemination: They must publish and disseminate a clear anti-sexual harassment policy.
- Prompt Action: Failure to act on a reported case can make the employer or school head civilly liable for damages.
4. Penalties and Redress
The penalties under the Safe Spaces Act vary based on the severity and frequency of the act:
- Fines: Ranging from ₱10,000 to ₱500,000.
- Imprisonment: Ranging from Arresto Menor (1-30 days) to Prision Correccional (6 months to 6 years), depending on the violation.
- Community Service: Often mandated for first-time offenders in public space violations.
- Deportation: If the violator is a foreign national, they are subject to deportation after serving their sentence.
5. Comparative Summary
| Feature | RA 7877 (Anti-Sexual Harassment Act) | RA 11313 (Safe Spaces Act) |
|---|---|---|
| Scope | Workplace and Education only | Public, Online, Workplace, and Schools |
| Harasser | Someone with authority/influence | Anyone (peers, strangers, subordinates) |
| Requirement | Often requires "request for sexual favor" | Any gender-based act that demeans/offends |
| Online Acts | Not specifically covered | Explicitly covered |
| Establishment Duty | Basic policy requirements | Specific duty to intervene and post signs |
6. Filing a Complaint
Victims may seek assistance from:
- The Philippine National Police (PNP) through their Women and Children Protection Desks (WCPD).
- Local Government Units (LGUs): Barangay officials and "Anti-Sexual Harassment Officers."
- The Cybercrime Investigation and Coordinating Center (CICC): For online harassment cases.
The Safe Spaces Act represents a shift toward a zero-tolerance policy for harassment in the Philippines, emphasizing that consent and respect are mandatory in every interaction, whether physical or digital.The legal landscape of the Philippines underwent a monumental shift with the enactment of Republic Act No. 11313, otherwise known as the Safe Spaces Act (or the "Bawal Bastos" Law). This legislation expanded the definition of sexual harassment beyond the traditional workplace and education settings, acknowledging that dignity must be protected in both public and online spheres.
1. The Foundational Law: RA 7877
Before the Safe Spaces Act, the primary legislation was the Anti-Sexual Harassment Act of 1995 (RA 7877). While groundbreaking, it had a narrow scope:
- Workplace/Education/Training Limited: It only applied to these specific environments.
- Power Dynamics: It required a relationship of authority, influence, or moral ascendancy. This meant a subordinate could rarely sue a peer or a stranger under this specific law.
- The "Quid Pro Quo": It often focused on harassment as a condition for employment, promotion, or grades.
2. The Expansion: Safe Spaces Act (RA 11313)
The Safe Spaces Act fills the gaps left by RA 7877 by criminalizing gender-based sexual harassment in public spaces, online, workplaces, and educational institutions, regardless of whether a power hierarchy exists.
Gender-Based Streets and Public Spaces Sexual Harassment
This covers acts committed in physical areas like alleys, roads, parks, malls, bars, and public utility vehicles (PUVs).
- Acts punished: Catcalling, wolf-whistling, unwanted invitations, misogynistic/transphobic slurs, persistent uninvited comments on appearance, stalking, and rubbing or touching (groping).
- Liability of Establishments: Owners of restaurants, bars, and malls are required to provide assistance to victims and post clear warning signs.
Gender-Based Online Sexual Harassment
The law recognizes that the digital world is a common site for abuse. It includes:
- Using information and communications technology to terrorize or intimidate.
- Physical, psychological, and emotional threats.
- Unwanted sexual misogynistic or homophobic remarks.
- Uploading/Sharing without consent: Photos, videos, or any information with sexual undercurrents.
- Impersonating victims or spreading lies to harm their reputation.
Gender-Based Sexual Harassment in the Workplace
RA 11313 expands the workplace definition to include:
- Peer-to-peer harassment: Co-workers of equal rank can now be held liable.
- Subordinate-to-superior harassment: A superior can now be a victim of a subordinate.
- Third-party harassment: Harassment by clients or customers.
3. Key Obligations of Employers and Schools
Under the law, institutions are not passive observers. They have affirmative duties:
- CODI Requirement: Every workplace and school must create a Committee on Decorum and Investigation (CODI) to handle complaints.
- Policy Dissemination: They must publish and disseminate a clear anti-sexual harassment policy.
- Prompt Action: Failure to act on a reported case can make the employer or school head civilly liable for damages.
4. Penalties and Redress
The penalties under the Safe Spaces Act vary based on the severity and frequency of the act:
- Fines: Ranging from ₱10,000 to ₱500,000.
- Imprisonment: Ranging from Arresto Menor (1-30 days) to Prision Correccional (6 months to 6 years), depending on the violation.
- Community Service: Often mandated for first-time offenders in public space violations.
- Deportation: If the violator is a foreign national, they are subject to deportation after serving their sentence.
5. Comparative Summary
| Feature | RA 7877 (Anti-Sexual Harassment Act) | RA 11313 (Safe Spaces Act) |
|---|---|---|
| Scope | Workplace and Education only | Public, Online, Workplace, and Schools |
| Harasser | Someone with authority/influence | Anyone (peers, strangers, subordinates) |
| Requirement | Often requires "request for sexual favor" | Any gender-based act that demeans/offends |
| Online Acts | Not specifically covered | Explicitly covered |
| Establishment Duty | Basic policy requirements | Specific duty to intervene and post signs |
6. Filing a Complaint
Victims may seek assistance from:
- The Philippine National Police (PNP) through their Women and Children Protection Desks (WCPD).
- Local Government Units (LGUs): Barangay officials and "Anti-Sexual Harassment Officers."
- The Cybercrime Investigation and Coordinating Center (CICC): For online harassment cases.
The Safe Spaces Act represents a shift toward a zero-tolerance policy for harassment in the Philippines, emphasizing that consent and respect are mandatory in every interaction, whether physical or digital.