Dear PAO,

Yesterday, while walking on the sidewalk to work, someone approached me and asked for my name and my contact details. Since he is a stranger, I refused by shaking my head and walked away. Although he kept an appropriate distance, the man did not give up and followed me for several minutes, relentlessly asking for my name and my number. His actions made me feel unsafe, so I started running away to a more crowded area until he gave up. I want to know if I can file a case against this person.

Merilyn

Dear Merilyn,

Please be informed of Sections 4 and 11 of Republic Act 11313, otherwise known as the “Safe Spaces Act,” which state that:

“Section 4. Gender-Based Streets and Public Spaces Sexual Harassment. – 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.

“Section 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces. -The following acts are unlawful and shall be penalized as follows:

“(a) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, pursing, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted comments on one’s appearance, relentless requests for one’s personal details such as name, contact and social media details or destination, the use of words, gestures or actions that ridicule on the basis of sex, gender or sexual orientation, identity and/or expression including sexist, homophobic, and transphobic statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands, and any statement that has made an invasion on a person’s personal space or threatens the person’s sense of personal safety –

“(1) The first offense shall be punished by a fine of One thousand pesos (P1,000.00) and community service of twelve (12) hours inclusive of attendance to a Gender Sensitivity Seminar to be conducted by the PNP in coordination with the LGU and the PCW;

“(2) The second offense shall be punished by arresto menor (6 to 10 days) or a fine of Three thousand pesos (P3,000.00);

“(3) The third offense shall be punished by arresto menor (11 to 30 days) and a fine of Ten thousand pesos (P10,000.00).” (Emphasis supplied)

The law is clear. 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 kind of advances, whether verbal or physical, or any other unwanted actions, that will threaten one’s sense of personal space and physical safety, if committed in public spaces such as alleys, roads, sidewalks and parks, constitute as gender-based streets and public spaces sexual harassment and have a corresponding penalty under the law.

In your case, the person made relentless and unwanted requests for your name and contact details when you were walking on the sidewalk, making you feel threatened and unsafe. Thus, you may file a case against him for violation of the Safe Spaces Act, and if found guilty, he will be punished according to the abovementioned law.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when the facts are changed or elaborated on. We hope that we were able to enlighten you on the matter.

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]