NOTES

Republic Act 11313: Safe Spaces Act or “Bawal

Bastos Act”
(AN ACT DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS,
PUBLIC SPACES, ONLINE, WORKPLACES, AND EDUCATIONAL OR TRAINING
INSTITUTIONS, PROVIDING PROTECTIVE MEASURES AND PRESCRIBING
PENALTIES THEREFOR)

RATIONALE:
SECTION 2
It is a policy of the State to value the dignity of every human person and guarantee full
respect for human rights. It is likewise the policy of the State to recognize the role of
women in nation-building and ensure the fundamental equality before the law of women
and men. The State also recognizes that both men and women must have equality,
security and safety not only in private, but also on the streets, public spaces, online,
workplaces and educational and training institutions.

PUBLIC SPACES
Under the law, public spaces include streets and alleys, public parks, schools, building,
malls, bars, restaurants, transportation terminals, public markets, spaces used as
evacuation centers, government offices, public utility vehicles (PUVs), as well as private
vehicles covered by app-based transport network services and other recreational
spaces such as, but not limited to, cinema halls, theaters, and spas.

CATCALLING AND STALKING

The Safe Spaces Act also defines catcalling and stalking. Catcalling refers to unwanted
remarks directed a person, commonly done in the form of wolf-whistling and
misogynistic, transphobic, homophobic, and sexist slurs. On the other hand, stalking
pertains to conduct directed at a person involving the repeated visual or physical
proximity, non-consensual communication, or a combination thereof that cause or will
likely cause a person to fear for one’s own safety or the safety of others, or to suffer
emotional distress.

VIOLATIONS OF THE SAFE SPACES ACT

In general, a violation of the Safe Spaces Act can be committed in streets and public
spaces; restaurants and cafes, bars and clubs, resorts and water parks, hotels and
casinos, cinemas, malls, buildings and other privately owned places open to the public;
PUVs; streets and public spaces committed by minors; online; in the workplace; and
educational and training institutions.
Administrative Disciplinary Rules on Sexual Harassment
Cases of the Committee on Decorum and Investigation of
Province of Negros Occidental

DEFINITION:
Under Section 3, Administrative offense of sexual harassment is an act, or a series
of acts, involving any unwelcome sexual advance, request or demand for a sexual
favor, or other verbal or physical behavior of a sexual nature, committed by a
government employee or official in a work-related, training or education related
environment of the person complained of.

COVERAGE:
Under Section 2, the Rules apply to all officials and employees of the provincial
government of Negros Occidental, whether in the Career or Non-Career service and
holding any level of position, including elective officials, regardless of status.

FORMS OF SEXUAL HARASSMENT

Under the Administrative Disciplinary Rules on Sexual Harassment Cases, there are
various forms of sexual harassment, and these are:
(PVOU)
1. Physical
a. Malicious touching
b. Overt sexual advances
c. Gestures with lewd insinuation
2. Verbal
a. such as but not limited to – requests, or demands for sexual favors, and lurid
remarks
3. Use of objects, pictures or graphics, letters or written notes with sexual
underpinnings
4. Other forms analogous to the foregoing.

WHO ARE LIABLE?

Under Section 6, any government official or employee, regardless of gender, is liable
when s/he:

1. directly participates in the execution of any act of sexual harassment;

2. induces or directs another or others to commit sexual harassment;
3. cooperates in the commission of sexual harassment by another through an act
without which the sexual harassment would not have been accomplished;
4. cooperates in the commission of sexual harassment by another through
previous or simultaneous acts.

WHAT ARE THE STANDARD PROCEDURAL REQUIREMENTS IN HANDLING A

SEXUAL HARASSMENT CASE?

I. COMPLAINT
It may be filed at any time at the Office of the Governor, or directly with the Committee
on Decorum and Investigation, provided that:
1. The complaint must be in writing, signed and sworn to by the complainant, and
shall contain the following:
a. full name and address of complainant;
b. full name, address, and position of the respondent;
c. brief statement of relevant facts;
d. evidence
e. a certificate of non-forum shopping.

II. ACTION ON THE COMPLAINT

Upon receipt of the complaint that is sufficient in form and substance, the CODI shall
require the person complained of to submit a CounterAffidavit/Comment under
oath within three (3) days from receipt of the notice, furnishing a copy thereof to the
complainant, otherwise the Counter-Affidavit/Comment shall be considered as not filed.

III. PRELIMINARY INVESTIGATION

A preliminary investigation shall be conducted by the CODI. The CODI shall examine
all documents submitted by the complainant and the person complained of, as
well as documents readily available from other sources. The parties may submit
affidavits and counter-affidavits. All proceedings before the CODI shall be held under
strict confidentiality.
Upon receipt of the counter-affidavit or comment under oath, the CODI may recommend
whether a prima facie case exists to warrant the issuance of a formal charge.

DURATION - A preliminary investigation shall commence not later than five (5)
days from receipt of the complaint by the CODI and shall be terminated within
fifteen (15) working days thereafter.

IV. INVESTIGATION REPORT

Within five (5) working days from the termination of the preliminary investigation, the
CODI shall submit the Investigation Report and the complete records of the case
to disciplining authority.

V. DECISION OR RESOLUTION AFTER PRELIMINARY INVESTIGATION

If a prima facie case is established during the investigation, a formal charge shall be
issued by the disciplining authority within three (3) working days from receipt of the
investigation report.

In the absence of a prima facie case, the complaint shall be dismissed within the
same period.

VI. FORMAL CHARGE

After finding a prima facie case, the disciplining authority shall formally charge the
person complained of. The formal charge shall contain a specification of the
charge(s), a brief statement of materials or relevant facts, accompanied by
certified true copies of the documentary evidence, if any, sworn statements
covering the testimony of witnesses, a directive to answer the charge(s) in writing
under oath in not less than seventy-two hours from receipt thereof, an advice for
the respondent to indicate in his/her answer whether or not he/she elects a formal
investigation of the charge(s), and a notice that he/she is entitled to be assisted by a
counsel of his/her choice.

VII. CONDUCT OF FORMAL INVESTIGATION

A formal investigation shall be conducted by the CODI if it deems such investigation is

necessary to decide the case judiciously, although the respondent does not request a
formal investigation. It shall be held not earlier than 5 days nor later than 10 days
from receipt of the respondent’s answer. Said investigation shall be finished within
30 days from issuance of the formal charge or the receipt of the answer.

VIII. PRE-HEARING CONFERENCE

At the commencement of the formal investigation, the CODI may conduct a pre-hearing
conference for the parties to appear, consider and agree on any of the following:

1. Stipulation of facts;
2. Simplification of issues;
3. Identification and marking of evidence of the parties;
4. Waiver of objections to admissibility of evidence;
5. Limiting the number of witnesses, and their names;
6. Dates of subsequent hearings; and
7. Such other matters as may aid in the prompt and just resolution of the case.

IX. PRELIMINARY HEARING

At the start of the hearing, the CODI shall note the appearances of the parties and shall
proceed with the reception of evidence for the complainant.

X. REQUEST AND ISSUANCE OF SUBPOENA

If a party desires the attendance of a witness or the production of documents or things,

he/she shall make a request for the issuance of the necessary subpoena, at least 3
days before the scheduled hearing.

The CODI may issue subpoena ad testificandum to compel the attendance of witnesses
and subpoena duces tecum for the production of documents or objects.

XI. FORMAL INVESTIGATION REPORT

Within fifteen (15) days after the conclusion of the formal investigation, a report
containing a narration of the material facts established during the investigation, the
findings and the evidence supporting said findings, as well as the recommendations,
shall be submitted by the CODI to the disciplining authority. The complete records of the
case arranged systematically and chronologically shall be attached to the report of
investigation.
XII. FINALITY OF DECISIONS

The disciplining authority shall render her decision on the case within thirty (30)
days from receipt of the report of investigation. A decision rendered by the head of
the agency where a penalty of suspension for not more that 30 days or a fine in an
amount not exceeding 30 days salary is imposed, shall be final and executory.
However, if the penalty imposed is suspension exceeding 30 days or a fine exceeding
30 days salary, the same shall be final and executory after the lapse of the
reglementary period for filing a motion for reconsideration or an appeal and no such
pleading has been filed.

WHAT ARE THE ADMINISTRATIVE LIABILITIES?

a. The head of the office who fails to act within fifteen (15) days from receipt of any
complaint for sexual harassment properly filed against any employee of the office shall
be charged with Neglect of Duty.

b. Any person who is found guilty of sexual harassment shall, after the investigation, be
meted the penalty corresponding to the gravity and seriousness of the offense. The
penalties for light, less grave and grave offenses are as follows:

1. For light offense 1st offense - Reprimand 2nd offense - Fine or suspension
not exceeding thirty (30) days 3rd offense - Dismissal
2. For less grave offense 1st offense - Fine or suspension of more than thirty
(30) days and not exceeding six (6) months 2nd offense – Dismissal
3. For grave offense - Dismissal