‘Bawal Bastos’: How to report sexual harassment under the Safe Spaces Act

CEBU CITY, Philippines – Catcalling, unwanted touching in a public vehicle, inappropriate comments at work, and online stalking are some of the acts prohibited under Republic Act (RA) 11313, also known as the “Bawal Bastos Law” or “Safe Spaces Act.”

The law is broader than previous legislation on the subject. RA 7877, the original 1995 anti-sexual harassment law, only covered schools and workplaces, and applied only where there was a clear power imbalance between offender and victim.

The Safe Spaces Act closes those gaps and extends protection to four spaces:

  • Streets and public spaces
  • Workplaces
  • Educational institutions
  • Online platforms

Whether harassment occurred often depends on how the person experienced the act, as the same words or gestures can carry vastly different meanings depending on context and intent.

What counts as harassment, and the penalties

An offense falls into three general levels of seriousness. Penalties escalate with each offense, with a separate blotter filed for every violation and heavier penalties applied for repeated acts.

Level 1: Verbal and gesture-based harassment

  • Catcalling and wolf-whistling
  • Glaring, intrusive gazing, and taunting
  • Unwanted invitations
  • Misogynistic, homophobic, or sexist slurs
  • Persistent unwanted comments on someone’s appearance
  • Relentless requests for personal details (name, age, etc.)

Penalties:

  • 1st offense: ₱1,000 fine, 12 hours community service, and a gender sensitivity seminar
  • 2nd offense: Arresto menor (6 to 10 days) or a ₱3,000 fine, at the court’s discretion
  • 3rd offense: Arresto menor (11 to 30 days) and a ₱10,000 fine

Level 2: Exposure and public lewd acts

  • Offensive body gestures
  • Exposing private parts for sexual gratification, with a demeaning, harassing, or threatening effect on the other person
  • Public masturbation
  • Groping and other similar inappropriate acts

Penalties:

  • 1st offense: ₱10,000 fine, 12 hours community service, and a gender sensitivity seminar
  • 2nd offense: Arresto menor (11 to 30 days) or a ₱15,000 fine
  • 3rd offense: Arresto mayor (1 month and 1 day to 6 months) and a ₱20,000 fine

Level 3: Unwanted touching

Touching, pinching, or brushing against another person’s body without consent. This is especially common in public transport like jeepneys, and carries the heaviest penalties of the three levels.

Penalties:

  • 1st offense: 1 month and 1 day to 6 months imprisonment, plus a ₱30,000 fine and a gender sensitivity seminar
  • 2nd offense: Arresto mayor, plus a ₱50,000 fine
  • 3rd offense: 6 months and 1 day to 6 years imprisonment, plus a ₱100,000 fine

When the penalty gets bumped up a degree

The following circumstances automatically raise an offense to the next higher penalty, even on a first offense:

  • The act happens inside a public utility vehicle (jeepney, tricycle, ride-hailing service, etc.) and the perpetrator is the driver while the victim is a passenger. In this case, the driver’s license is cancelled, and the vehicle’s franchise is revoked.
  • The victim is a minor, senior citizen, person with disability, or a breastfeeding mother
  • The victim has a diagnosed mental health condition
  • The perpetrator belongs to a uniformed service like the Philippine National Police or military, and was wearing their uniform when the incident happened
  • The incident takes place in a government office that provides frontline public services, and the person responsible works there

If the offender is a minor

Cases where the person who committed the act is a minor do not fall under the Safe Spaces Act’s penalty scheme. The minors are automatically referred to the Department of Social Welfare and Development under RA 9344, the Juvenile Justice and Welfare Act.

Depending on the minor’s age, the case goes through either a discernment process or, for those below 15 years old, an intervention process instead.

How to report

If you experience harassment in a public space:

  • If you feel unsafe, leave the area immediately.
  • Call the police right away.
  • Do not chase the harasser if they’ve already left the scene. This isn’t safe. Instead, focus on collecting evidence: witness statements, photographs, and any available nearby CCTV footage.
  • File a report with the police, either at your local station or directly with the Women and Children Protection Center/Desk. They are trained to handle these cases and will interview the complainant thoroughly. Having evidence strengthens the case and makes it much harder for the police to dismiss the report as hearsay.

From there, where the case is heard depends on the penalty involved: cases carrying a penalty below six years of imprisonment go to the Municipal Trial Court, while those carrying a heavier penalty go to the Regional Trial Court. The court determines the final penalty.

For workplace or school incidents

Employees or students can file an administrative complaint with their institution’s Committee on Decorum and Investigation.

This process does not replace a criminal complaint filed with the police, as administrative and criminal liability can apply simultaneously to the same incident.

A note for victims

Do not hesitate to report an incident. At work, that means going to management; in school, going to a teacher, so the issue can be acted on immediately.

Staying silent gives the offender free rein to continue.

Reporting the incident, keeping evidence, and speaking up stops the behavior and protects future targets.

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