Dear PAO,

Since childhood, I have known that I have a different sexual orientation, which is noticeable in my clothing preferences, language and behavior. Roger, my neighbor, always hurls sexist slurs at me whenever I pass by the street near his house. I have complained about his ill-treatment, but my concerns have fallen on deaf ears. They reasoned that Roger could not be criminally liable for catcalling because the victim should be a female. Is this correct?

Reden

Dear Reden,

Catcalling is defined under Section 3 (a) of Republic Act (RA) 11313 or the Safe Spaces Act as “referring to unwanted remarks directed towards a person, commonly done in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slur.”

Roger’s sexist remarks may be considered as Gender-Based Streets and Public Spaces Sexual Harassment under Section 4 of the same law, which provides that:

“The crimes of gender-based streets and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks.

“Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures on a person’s appearance, relentless requests for personal details, statement of sexual comments and suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety, and committed in public spaces such as alleys, roads, sidewalks and parks. Acts constitutive of gender-based streets and public spaces sexual harassment are those performed in buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops, public markets, transportation terminals or public utility vehicles.”

The victim in the aforecited law may be any person, as there is no provision limiting its application to a woman. Catcalling is considered gender-based sexual harassment, which warrants the imposition of appropriate penalties, whoever the victim is. After all, every person deserves respect no matter what his or her sexual identity or orientation is, as everyone is born equal.

Nobody should be discriminated against simply because of sexual identity or orientation. The pronouncement of the Supreme Court in AM 21-06-20-SC, dated April 11, 2023, is very enlightening:

“Too, Section 2 of Republic Act No. 1131335 also known as the ‘Safe Spaces Act’ explicitly states that: ‘It is the 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.’

“Inappropriate, disrespectful, belligerent or malicious language can be a source of criminal liability under the Safe Spaces Act. Gender-based sexual harassment — encompassing transphobic and homophobic slurs — in streets and public spaces as well as online, may warrant progressive penalties ranging from community service, fines and imprisonment.”

Applying the foregoing to your situation, every person, regardless of one’s sexual identity or orientation, may be a victim of gender-based sexual harassment. There is no provision under the Safe Spaces Act that the victim should be a woman. Thus, Roger is committing gender-based sexual harassment every time he hurls sexist slurs against you whenever you pass the street near his house.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].