Republic Act No. 11313, otherwise known as the Safe Spaces Act (and popularly dubbed the "Bawal Bastos" Law), was enacted to define and penalize gender-based sexual harassment (GBSH) in public spaces, online platforms, workplaces, and educational or training institutions.
Before this law, the primary legal remedy for sexual harassment was RA 7877 (the Anti-Sexual Harassment Act of 1995). However, RA 7877 is strictly limited to situations involving a moral ascendancy, authority, or supervisory relationship (e.g., boss-employee or teacher-student). The Safe Spaces Act fills these legislative gaps by criminalizing peer-to-peer harassment, harassment by strangers, and digital misconduct, regardless of the relationship between the parties.
1. Gender-Based Sexual Harassment in Streets and Public Spaces
Public spaces include streets, alleys, public utility vehicles (PUVs), restaurants, malls, theaters, bars, and similar public venues. The law categorizes violations in public spaces into three degrees of severity, each carrying specific fines and custodial penalties.
Categories of Offenses and Penalties
| Severity of Offense | Specific Proscribed Acts | First Offense | Second Offense | Third Offense |
|---|---|---|---|---|
| First Degree | Catcalling, wolf-whistling, leering, intrusive gazing, cursing, persistent uninvited comments on appearance, relentless requests for personal details, and taunting. | ₱1,000 fine AND 12 hours of community service (inclusive of a gender sensitivity seminar). | Arresto menor (11 to 20 days) OR a fine of ₱3,000. | Arresto menor (21 to 30 days) AND a fine of ₱5,000. |
| Second Degree | Making offensive body gestures, public masturbation, flashing, groping, or making derogatory, misogynistic, homophobic, transphobic, or sexist slurs. | ₱10,000 fine AND 12 hours of community service (inclusive of a gender sensitivity seminar). | Arresto menor (11 to 20 days) OR a fine of ₱15,000. | Arresto mayor (1 month and 1 day to 6 months) AND a fine of ₱20,000. |
| Third Degree | Stalking, pinching, rubbing, or intentionally brushing against the victim's body, genitalia, breasts, or buttocks. | Arresto menor (11 to 20 days) OR a fine of ₱30,000. | Arresto menor (21 to 30 days) AND a fine of ₱50,000. | Arresto mayor AND a fine of ₱100,000. |
Note on Public Utility Vehicles (PUVs): If the harassment occurs inside a PUV, the Land Transportation Franchising and Regulatory Board (LTFRB) can cancel the franchise of the vehicle operator, and the driver’s license can be suspended or revoked.
2. Online Gender-Based Sexual Harassment
Online GBSH includes acts of terrorizing, intimidating, or harassing victims through information and communications technology. This applies to social media networks, messaging applications, emails, forums, and gaming platforms.
Specific Violations:
- Cyberstalking and systemic online harassment.
- Uploading or sharing photos, videos, or any information of the victim without consent, which tends to victimize, exploit, or demean them.
- Sending unsolicited sexual content, including lewd photos, videos, or audio files.
- Creating fake accounts or impersonating the victim with malicious intent to damage their reputation or solicit sexual favors.
- Subjecting individuals to misogynistic, homophobic, transphobic, or sexist slurs and remarks online.
Penalties for Online GBSH:
The penalty for online gender-based sexual harassment is prision correccional in its medium period (2 years, 4 months, and 1 day to 4 years and 2 months) OR a fine of not less than ₱100,000 but not more than ₱500,000, or both, at the discretion of the court.
If the perpetrator is a juridical person (e.g., a corporation running a digital agency or a platform failing to act), its license to operate or franchise may be revoked.
3. Gender-Based Sexual Harassment in the Workplace
The Safe Spaces Act broadens workplace protection to encompass peer-to-peer harassment, harassment from a subordinate to a superior, and harassment committed by clients or customers.
Mandatory Duties of Employers:
- Code of Conduct: Formulate and disseminate a clear workplace policy against GBSH.
- Committee on Decorum and Investigation (CODI): Set up an independent CODI to receive, investigate, and resolve complaints within a designated timeline.
- Proactive Assistance: Provide psychological, medical, or legal assistance to the victimized employee, and ensure their protection from retaliation.
Penalties for Non-Compliant Employers:
Employers or heads of offices who fail to fulfill their obligations under the law, or who fail to act on a reported case of sexual harassment, face administrative fines:
- First offense: ₱5,000 to ₱10,000
- Second offense: ₱10,000 to ₱15,000
- Third offense: ₱15,000 to ₱20,000
4. Gender-Based Sexual Harassment in Educational and Training Institutions
Schools, universities, and vocational training facilities are legally mandated to maintain a secure and gender-sensitive environment for students, faculty, and staff alike. The law covers peer-to-peer violations, student-to-teacher violations, and instances involving outside vendors on school grounds.
Mandatory Duties of School Heads:
- Establishment of CODI: Educational institutions must form a CODI specifically equipped to handle student-related and faculty-related harassment complaints, ensuring student representation when the victim is a student.
- Protection Against Retaliation: Ensure that the victim does not suffer academic or institutional backlash for filing a complaint.
- Reporting: Routinely report compliance and status updates to the Department of Education (DepEd), Commission on Higher Education (CHED), or Technical Education and Skills Development Authority (TESDA).
Penalties for Non-Compliant School Authorities:
School administrators or heads of educational institutions who fail to comply with the implementation rules or fail to act on a valid complaint face institutional fines:
- First offense: ₱20,000 to ₱40,000
- Second offense: ₱40,000 to ₱60,000
- Third offense: ₱60,000 to ₱100,000, along with the potential suspension or revocation of the school's permit to operate by the governing regulatory body (DepEd, CHED, or TESDA).
5. Qualified Aggravating Circumstances
The penalties prescribed under the Safe Spaces Act will be applied in their maximum period if the offense is accompanied by any of the following qualifying circumstances:
- The perpetrator is a government official, an employee of a government agency, or a member of the Armed Forces of the Philippines (AFP) / Philippine National Police (PNP).
- The offense takes place in a government office or premises.
- The victim is a minor, a senior citizen, a pregnant woman, or a person with disability (PWD).
- The perpetrator is the driver, operator, or conductor of a public utility vehicle where the offense occurred.
- The perpetrator is a member of the management or the designated safety officer responsible for maintaining safe spaces in that specific area.
6. Procedural Mechanics and Prescription Periods
- Prescription of Action: Criminal actions for violations under the "Streets and Public Spaces" provisions prescribe within five (5) years from the time the offense was committed. For Online GBSH, the prescription period follows the Rules on Cybercrime offenses, which is ten (10) years.
- Independent Action: Filing a case under the Safe Spaces Act does not preclude the victim from filing separate administrative, civil, or criminal actions under other relevant Philippine laws, such as the Revised Penal Code (e.g., Unjust Vexation, Slander by Deed) or Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act).