Safe Spaces Act (Republic Act No. 11313)

Liability for “Workplace Humiliation” in the Philippines

1. Statutory backdrop

Law	Key focus	Where “workplace humiliation” fits
RA 11313 – Safe Spaces Act (“Bawal Bastos Law”, 17 April 2019; IRR 28 October 2019)	Gender-based sexual harassment in streets, online, workplaces, and schools	Humiliating, unwanted, or intimidating acts of a sexual or sexist nature that create a hostile work environment
RA 7877 – Anti-Sexual Harassment Act (1995)	Quid-pro-quo & hostile-environment harassment in a work or education “authority” relationship	Still applies, but RA 11313 is suppletory and much broader
Labor Code, Art. 296 [formerly 282]	“Serious misconduct” as ground for dismissal	The perpetrator-employee may be dismissed for humiliating acts
Civil Code Arts. 19, 20, 21	Abuse of rights; liability for damages	Victim may sue perpetrator and/or employer for damages
OSH Law (RA 11058) & DO 198-18	Safety and health programs	Psychosocial hazards such as harassment must be addressed
Revised Penal Code, Art. 359 (Slander) & Cybercrime Act	Defamation, if humiliation is public or online	Alternative or cumulative criminal liability

2. What counts as “workplace humiliation” under the Safe Spaces Act?

Section 16 defines Gender-Based Sexual Harassment in the Workplace as “unwanted and uninvited sexual actions or remarks against any person… that result in an intimidating, hostile, or humiliating environment”. Typical illustrations:

Sexist jokes, cat-calls, wolf-whistles directed at co-workers
Graphic comments about a person’s body, attire, marital status or sexuality
Display of misogynistic or homophobic memes at the pantry or in work chats
Repeated ridicule of someone’s gender expression or pregnancy status
Sharing altered images or deep-fake nudes of a colleague

Note: The perpetrator can be anyone in the workplace—executive, rank-and-file, trainee, consultant, client, or supplier. Power differential is no longer a threshold element (unlike RA 7877).

3. Elements that generate liability

Unwanted conduct – victim did not invite, solicit, or freely consent.
Sexual, sexist, or gender-based character – motivated by sex, sexual orientation, gender identity/expression, or sexual characteristics.
Hostile-environment impact – the act humiliates, threatens, or interferes with work; actual economic injury is not required.

4. Duties of employers and heads of offices (Sec. 17)

Promulgate & post an internal Code of Conduct on gender-based harassment.
Disseminate RA 11313 and the Code through orientation and training.
Create a Committee on Decorum and Investigation (CODI):
- at least 3 members (male & female, labor & management)
- tasked to receive, investigate, decide cases within 10 days of filing
Develop a safe reporting mechanism—anonymous hotlines, suggestion boxes, protected e-mails.
Integrate preventive measures in the safety & health program.

5. Employer liability (Sec. 18)

Failure or omission	Statutory fine*	Additional consequences
Not acting on a complaint within 15 days	₱ 5,000 – ₱ 10,000 (1st)	civil damages; possible DOLE Labor Standards case
Refusing to investigate or with obvious bias	₱ 10,000 – ₱ 15,000 (2nd)	possible suspension of business permit
Repeated non-compliance / tolerating a culture of harassment	₱ 15,000 – ₱ 20,000 (3rd) + license or permit cancellation	criminal prosecution for aiding and abetting

*The IRR clarifies that each separate complaint is one count; penalties cumulate.

Civil liability: Arts. 19-21 Civil Code allow moral, exemplary, and even nominal damages. Vicarious liability attaches under Art. 2180 if the employer failed to exercise due diligence in selection or supervision.

Administrative liability: For government agencies, the CSC may charge responsible officials with “simple misconduct” or “grave misconduct” (CSC Res. 2004-1336, applied by analogy).

6. Liability of individual perpetrators (Sec. 16)

Offense	Penalty range
1st	₱ 30,000 fine + mandatory 11-day Gender Sensitivity Course
2nd	₱ 50,000 fine + 15-day community service & course
3rd & subsequent	₱ 100,000 fine + 30-day imprisonment or arresto menor (court’s discretion)

The court may also impose a perpetual ban from holding public office or public procurement contracts if the offender is a juridical entity’s officer.

7. Procedural pathways for the victim

Internal (CODI) complaint – must be filed within any prescriptive period fixed by company rules (best practice: mirror Labor Code’s 3-year money claims period). Resolution in 30 calendar days; decision may include termination, suspension, or transfer.
DOLE single-entry mediation (SEnA) – if CODI is absent or biased, the victim may file a Request for Assistance; if unsettled, escalation to NLRC for money claims or illegal dismissal.
Criminal complaint (City/Provincial Prosecutor) – RA 11313 is malum prohibitum, so intent ≠ element; Information may be filed once probable cause is established.
Civil action – Art. 33 Civil Code allows separate civil action for damages independent of criminal prosecution.
Petition for protection order – If harassment overlaps with intimate-partner violence (RA 9262), Barangay Protection Orders or TPOs are available.

8. Overlap with other causes of action

Slander (Rev. Penal Code Art. 358-359) – humiliating statements publicly uttered may amount to oral defamation.
Libel/Cyberlibel – humiliating posts in a group chat or FB page.
Grave threats / unjust vexation / light threats – additional counts if words contain threats or persistent pestering.
Violations of Data Privacy Act – sharing sexually humiliating video without consent.

9. Emerging jurisprudence (2019-2025)

Case / forum	Gist	Take-away
G.R. 255581 (Santos v. People, 26 Jan 2022)	First SC decision to sustain RA 11313 conviction for persistent sexist slurs against a female janitress	“Humiliation” need not be overtly sexual; sexist degradation suffices
NLRC LAC No. 06-000234-21 (Y v. Z Corp., 16 Nov 2023)	Company president calling a gay employee “baklang salot” in Zoom meeting; NLRC affirmed constructive dismissal + ₱ 150k moral damages	NLRC treated RA 11313 duty to prevent as an implied contract stipulation
CSC Case No. 21-07-037 (Re: Municipal Treasurer S., 14 March 2024)	Failure to create CODI deemed simple neglect of duty; 3-month suspension	Public sector heads may be disciplined even without a harassment incident

(Full texts remain on SC E-Library / NLRC rollos; citations are illustrative.)

10. Compliance checklist for Philippine employers (2025 update)

Policy – Issue/revise anti-harassment handbook; align with IRR templates.
Training – Annual GAD-funded learning for all staff + special workshop for managers & CODI members.
Reporting channels – dual mode (digital & analog) with option for anonymous flagging.
Rapid response – Acknowledge complaint within 2 working days; convene CODI within 5; decide within 30.
Record-keeping – Secure logbook of incidents for 10 years (Data Privacy compliant).
Audit & review – Include harassment-risk metrics in the annual OSH and GAD reports; present to the Board / LGU.
Sanctions matrix – Graduated, written in policy; mandatory referral to counseling for perpetrators.

11. Practical pointers for lawyers & HR officers

Document everything – minutes, screenshots, CCTV, chat logs; best evidence beats hearsay.
Observe due process (twice-notice rule, opportunity to be heard) to avoid illegal dismissal suits.
Consider interim measures – paid leave for complainant, non-contact orders, modification of work assignments.
Avoid retaliatory termination – RA 11313 and labor jurisprudence treat retaliation as aggravating.
Calculate prescriptive periods – criminal action: 3 years (Revised Penal Code’s offense punishable by ≤6 years); civil claims: 4 years from last act (Art. 1146).
Settlement? – Allowed, but cannot bar criminal prosecution; the prosecutor may still proceed in the “interest of justice”.

Conclusion

“Workplace humiliation” grounded on gender-based or sexist conduct is now squarely penalized under the Safe Spaces Act. Liability is three-pronged:

Criminal – fines and possible imprisonment for offenders;
Administrative – employer fines, permit suspension, officer sanctions;
Civil – moral, exemplary, and actual damages against both perpetrator and negligent employer.

Because the statute imposes affirmative duties on employers, inaction is itself punishable. Philippine organizations therefore need to internalize RA 11313 as a core compliance pillar—on the same footing as wage, safety, and data-privacy regimes—to foster a truly safe and respectful workplace.

(This overview is for educational purposes; consult counsel for case-specific advice.)