Dear PAO,
Is it possible to file a case against a stranger who catcalled me in public? I was suddenly approached by an older man who had attempted to be friendly with me and my friends. He was with a group of other older men who were egging him on and goading him to interact and flirt with us. Before leaving our table, in a loud voice, this man said: “Ang gaganda at ang seseksi nyo kasi miss, kasalanan ko ba kung gusto ko kayong ma-iscore kahit isang beses lang? Problema sa inyo mga suplada kasi kayo (You are all beautiful and sexy, can you blame me if I want to score? The problem is you're all snobs).” We all felt very harassed, shocked, and disturbed. The restaurant staff identified this man and we went to the police to have the incident blottered. Can I file a case against him?
-Shaina M.
Dear Shaina M,
Yes, you may file a case against the man you mentioned in your letter. Based on the details you shared, the man's actions may fall under one of the prohibited acts defined in Republic Act (RA) 11313, or the Safe Spaces Act (Bawal Bastos Law). This law specifically protects individuals like you from gender-based sexual harassment in public spaces.
The acts you described — the unwanted catcalling, the sexually aggressive remarks about your appearance, and his explicit statement of sexual advance — are all prohibited acts under the law. Specifically, Section 4 of RA 11313 addresses gender-based sexual harassment in public spaces:
“Section 4. 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.”
This provision covers “catcalling or unwanted remarks” and sexist slurs. It also covers stalking or conduct that causes you to fear for your safety or suffer emotional distress, which appears to be very much present in your case. Hence, you may file a case against the perpetrator.
Under Section 11 of the same law, he may be slapped with a fine ranging from P1,000 to P10,000 and community service, including attendance to a gender sensitivity seminar. You may seek assistance with the Women and Children Protection Unit of the Philippine National Police. You may also visit the nearest district office of the Public Attorney’s Office for legal assistance and guidance on the legal process. Don't hesitate to assert your rights to be free from such harassment.
We hope that we were able to answer your queries. This advice is 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 continued trust and support.
