Dear PAO,

My girlfriend is often catcalled by “tambays” near her place. It is not limited to catcalling — sometimes they even say “Ang sarap niya anakan.” It’s very alarming. She also gets followed sometimes. I am very angry, but I want to stay within the law. Where can we file a complaint?

Antonio

Dear Antonio,

The Safe Spaces Act (Republic Act 11313) recognizes the role of women in nation-building and ensures their safety not only in private but also on the streets, in public spaces, online, in workplaces, and in educational training institutions. To this end, Sections 4 and 11(a) of the law define and penalize catcalling as a gender-based act of sexual harassment. In particular, Section 4 states:

“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…”

Section 11(a) penalizes gender-based streets and public spaces sexual harassment with a fine of P1,000.00, community service of 12 hours inclusive of a Gender Sensitivity Seminar for the first offense. Repeat offenses would result in the imprisonment of the offender for 6 to 10 days for the second offense; and 11 to 30 days for the third offense. The offender will also be fined P3,000.00 and P10,000.00, respectively.

With respect to your girlfriend’s case, the intrusive comments made by groups of loiterers around your area may constitute a violation of Section 4 of the Safe Spaces Act. If you and your significant other feel threatened by the intrusive catcalling and misogynistic comments of loiterers around your area, you may report the same to your local barangay’s Anti-Sexual Harassment/Violence Against Women Desk (ASH/VAW Desk). In the alternative, you may also approach the Women’s Desk of the Police Station nearest you, so you may report the same and file a complaint accordingly.

We hope that we were able to answer your queries. This advice was solely based 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 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]