Introduction

The Safe Spaces Act, officially known as Republic Act No. 11313 or the "Bawal Bastos Law," was enacted on July 17, 2019, to combat gender-based sexual harassment in various settings, including workplaces. This legislation represents a significant advancement in Philippine law by expanding protections beyond traditional anti-sexual harassment statutes, such as Republic Act No. 7877 (the Anti-Sexual Harassment Act of 1995), which primarily focused on educational and employment environments involving authority imbalances. The Safe Spaces Act addresses a broader spectrum of behaviors, including verbal comments, in public spaces, online platforms, and workplaces, emphasizing the creation of safe and respectful environments for all genders.

In the workplace context, the Act specifically targets unwanted sexual remarks, catcalling, and other forms of verbal harassment that create a hostile or intimidating atmosphere. These "comments" can range from lewd jokes and suggestive remarks to persistent unwanted compliments on appearance. The law recognizes that such behaviors undermine dignity, productivity, and equality, disproportionately affecting women but applicable to all individuals regardless of gender. This article explores the intricacies of reporting such incidents under the Safe Spaces Act, including definitions, procedures, employer obligations, penalties, and available remedies, all within the Philippine legal framework.

Defining Workplace Sexual Harassment Comments

Under Section 4 of the Safe Spaces Act, gender-based sexual harassment in the workplace includes any unwanted and uninvited sexual actions or remarks that violate a person's dignity, are offensive, or create an intimidating, hostile, or offensive environment. Specifically, "comments" fall under the category of verbal harassment, which encompasses:

Catcalling, wolf-whistling, or making unwanted sexual sounds.
Unwanted invitations with sexual overtones.
Persistent uninvited comments or remarks on one's appearance, body, or sexual attributes.
Cursing, leering combined with verbal innuendos, or using words with double meanings that imply sexual intent.
Making sexist, chauvinistic, or discriminatory remarks based on sex, gender, or sexual orientation.

These acts are considered harassment if they are unwelcome and affect the victim's work performance or create a demeaning atmosphere. The law adopts a victim-centered approach, meaning the intent of the perpetrator is irrelevant; what matters is the impact on the victim. Importantly, the Act covers harassment in physical workplaces, as well as in online or virtual work environments, such as during remote work or through digital communications like emails, chats, or social media used for work purposes.

The Safe Spaces Act complements existing laws like RA 7877, which defines sexual harassment as demands for sexual favors in exchange for employment benefits, but extends protections to peer-to-peer or subordinate-to-superior harassment without requiring an authority element. It also intersects with the Labor Code of the Philippines (Presidential Decree No. 442), which mandates safe working conditions, and the Magna Carta of Women (Republic Act No. 9710), which promotes gender equality.

Employer Obligations and Preventive Measures

Employers play a pivotal role in preventing and addressing workplace sexual harassment under the Safe Spaces Act. Section 5 mandates that all workplaces, whether public or private, must establish an independent internal mechanism or committee to investigate and address complaints of gender-based sexual harassment. This includes:

Forming a Committee on Decorum and Investigation (CODI) for government agencies, or a similar body in private companies, composed of representatives from management, employees, and unions (if applicable).
Adopting and disseminating an anti-sexual harassment policy that clearly defines prohibited acts, including verbal comments, and outlines reporting procedures.
Conducting regular training and orientation sessions for employees on the Act's provisions, recognition of harassment, and bystander intervention.
Ensuring confidentiality and non-retaliation protections for complainants and witnesses.
Displaying posters or notices in conspicuous places informing employees of their rights and the reporting process.

Failure to comply with these obligations can result in administrative sanctions against the employer, including fines or revocation of business permits. The Department of Labor and Employment (DOLE) oversees compliance in private sectors, while the Civil Service Commission (CSC) handles government offices. Employers must also coordinate with local government units (LGUs) for broader implementation.

Reporting Procedures

Reporting workplace sexual harassment comments under the Safe Spaces Act is designed to be accessible, prompt, and protective. Victims have multiple avenues to file complaints, ensuring flexibility based on the severity and context:

Internal Reporting:
- Victims should first report to the employer's designated committee or human resources department. The complaint must be in writing, detailing the incident, parties involved, and evidence (e.g., witness statements, recordings, or screenshots).
- The committee must investigate within 10 days of receipt, conduct hearings, and resolve the case within 30 days, unless extended for just cause.
- If the harassment involves a superior, the victim can bypass the internal process and go directly to external authorities.
External Reporting:
- To the Philippine National Police (PNP) or the nearest police station, especially if the act constitutes a criminal offense.
- To the DOLE Regional Office for labor-related mediation or adjudication.
- To the barangay (village) level via the Lupong Tagapamayapa or the Barangay Violence Against Women (VAW) Desk, for conciliation in minor cases.
- For public sector employees, to the CSC or the Office of the Ombudsman if administrative misconduct is involved.
Criminal Complaints:
- Serious cases can be filed directly with the prosecutor's office for preliminary investigation, leading to court proceedings.
- The Act allows for anonymous reporting in certain circumstances, though evidence requirements may limit this.

The prescriptive period for filing is generally three years for administrative cases and up to 10 years for criminal offenses, depending on the penalty. Victims are encouraged to document incidents meticulously, including dates, times, locations, and exact words used in the comments, to strengthen their case.

Penalties and Liabilities

Penalties under the Safe Spaces Act are tiered based on the gravity of the offense, with verbal comments often classified as light to medium violations:

First Offense (Light): Fine of PHP 5,000 to PHP 10,000 and/or community service.
Second Offense (Medium): Fine of PHP 10,000 to PHP 15,000 and/or imprisonment of 1 to 30 days.
Third Offense (Grave): Fine of PHP 15,000 to PHP 20,000 and/or imprisonment of 30 days to 6 months.

Aggravating factors, such as repetition, use of authority, or occurrence in a workplace, can escalate penalties. Employers found negligent in preventing harassment may face fines up to PHP 50,000 per violation, plus liability for damages. Criminal convictions can lead to dismissal from employment, disqualification from public office, or perpetual bans from certain professions.

Civil remedies are also available, allowing victims to sue for moral damages, exemplary damages, and attorney's fees under the Civil Code. The Act provides for temporary protection orders (TPOs) or permanent protection orders (PPOs) to restrain the perpetrator from further contact.

Protections for Victims and Witnesses

The Safe Spaces Act prioritizes victim safety and confidentiality:

Non-disclosure of the victim's identity unless consented.
Prohibition against retaliation, such as demotion, termination, or hostile work reassignment.
Provision for paid leave during investigations if necessary.
Access to counseling and support services through DOLE, Department of Social Welfare and Development (DSWD), or non-governmental organizations (NGOs) like the Philippine Commission on Women (PCW).

Whistleblowers and witnesses are similarly protected, with mechanisms to address any backlash.

Challenges and Implementation Issues

Despite its robust framework, implementation of the Safe Spaces Act faces challenges in the Philippine context. Underreporting remains common due to cultural stigma, fear of reprisal, or lack of awareness. Small and medium enterprises (SMEs) often lack resources to establish formal committees, leading to uneven enforcement. Judicial delays and evidentiary burdens in proving verbal harassment—especially without witnesses—can deter victims.

To address these, the government has issued implementing rules and regulations (IRR) through a joint memorandum by DOLE, DILG, and PCW, emphasizing capacity-building and public awareness campaigns. LGUs are required to enact ordinances aligning with the Act, and monitoring is conducted via annual reports to Congress.

Intersections with Other Laws

The Safe Spaces Act does not operate in isolation. It interfaces with:

RA 7877 for authority-based harassment.
RA 9262 (Anti-VAWC Act) if the harassment involves intimate partners.
RA 10175 (Cybercrime Prevention Act) for online verbal harassment.
International conventions like CEDAW, which the Philippines ratified, reinforcing gender equality obligations.

Victims can pursue multiple remedies concurrently, maximizing protections.

Conclusion

The Safe Spaces Act marks a paradigm shift in addressing workplace sexual harassment comments in the Philippines, fostering a culture of respect and accountability. By providing clear definitions, accessible reporting channels, and stringent penalties, it empowers victims to seek justice while compelling employers to cultivate harassment-free environments. Comprehensive enforcement, coupled with societal education, is essential to realizing the Act's full potential in promoting gender equity.