Sexual Harassment by Public Transport Driver in the Philippines: Legal Remedies

Sexual harassment by a public transport driver is unfortunately not uncommon. However, Philippine laws provide specific remedies to protect victims and hold perpetrators accountable. Below is an overview of the most relevant legal provisions and the steps a victim can take to seek justice.

1. Safe Spaces Act (Republic Act No. 11313)

The most relevant law for harassment in public spaces (including public transport) is the Safe Spaces Act—also known as the “Bawal Bastos Law.” It covers various forms of gender-based sexual harassment, including:

Unwanted remarks, catcalling, and sexist remarks.
Sexual or lewd gestures.
Persistent telling of sexual jokes.
Other forms of verbal or physical harassment in public places.

Key Points Under the Safe Spaces Act:

Coverage: Protects everyone (not just women) from gender-based harassment in streets, public spaces, and public utility vehicles (jeepneys, buses, taxis, TNVS, etc.).
Penalties: Ranging from fines to imprisonment, depending on the severity of the offense and whether it is a first or repeated violation.
Enforcement: Local government units (LGUs), law enforcement (PNP), and other agencies (like the Land Transportation Office or the Land Transportation Franchising and Regulatory Board) are empowered to enforce this law.

How To File a Complaint Under the Safe Spaces Act:

Gather Evidence: If possible, record the incident (e.g., via mobile phone). Collect details such as the driver’s name/plate number/company, date/time of harassment, witness statements, etc.
Report to Authorities:
- Police Station: Go to the nearest police station and request to file a complaint under R.A. 11313. Bring any evidence or witness contact information.
- Barangay Hall: Some LGUs have designated desks or officials trained to handle Safe Spaces Act violations.
Coordinate with LTFRB/LTO: Since the perpetrator is a public utility vehicle (PUV) driver, you may also report the incident to the Land Transportation Franchising and Regulatory Board (LTFRB) or the Land Transportation Office (LTO). They can impose administrative sanctions (e.g., suspension or revocation of franchise/license).

2. Revised Penal Code (RPC) Provisions

Depending on the facts, harassment can sometimes be charged under more general criminal provisions in the Revised Penal Code, especially if there was any physical contact or grave threats involved. Examples include:

Acts of Lasciviousness (Article 336): If there is unwanted touching or physical contact of a sexual nature.
Unjust Vexation (Article 287): If the actions cause annoyance or distress, though typically considered a lesser offense.

How To File a Criminal Case Under the RPC:

Execute a Sworn Statement detailing the incident.
File a Complaint-Affidavit before the City or Provincial Prosecutor’s Office. They will conduct a preliminary investigation.
If Found Sufficient for probable cause, the prosecutor files the appropriate charges in court.

3. Civil Remedies

A victim can file a civil case for damages against the driver if the harassment caused injury, distress, or psychological harm. While criminal remedies seek to punish the offender, a civil suit aims to secure compensation for the victim’s suffering.

How To Pursue Civil Action:

Consult a Lawyer: Discuss the possibility of filing a civil suit for damages (e.g., moral damages, nominal damages).
Evidence of Harm: Provide documentation such as medical or psychological reports, witness affidavits, etc.

4. Practical Steps to Take Immediately

Ensure Your Safety: If you are being harassed, prioritize leaving the situation or seeking help.
Document the Incident: Note the date, time, exact location, driver’s name or ID, plate number, or any details that can help identify the suspect.
Report Quickly: Timely reporting strengthens the case. Go to the nearest police station or consult your barangay officials as soon as possible.
Seek Support: Confide in friends, family, or support groups. In some areas, NGOs or women’s crisis centers provide free legal advice, counseling, or assistance.

5. Agencies and Hotlines

PNP Women and Children Protection Center (WCPC) – While it mainly covers women and children, they can give guidance on harassment cases or refer you to the correct unit.
Local Government Units – Many LGUs have Gender and Development (GAD) offices or VAWC (Violence Against Women and Children) desks which can handle complaints under the Safe Spaces Act.
LTFRB and LTO – For public transportation–related offenses, these agencies can impose administrative sanctions on the driver.

6. Additional Considerations

Legal Assistance: If you cannot afford a lawyer, you may seek assistance from the Public Attorney’s Office (PAO) or from NGOs specializing in women’s or human rights advocacy.
Anonymity and Privacy: Although privacy can be a concern, Philippine authorities must observe confidentiality in cases involving sexual harassment and protect the victim’s identity.
Continued Harassment or Retaliation: If there is retaliation or continued harassment (e.g., the driver finds ways to contact you or threaten you), immediately report this to authorities. Further legal remedies or protection orders may be available.

Conclusion

Sexual harassment in public transport is punishable under the Safe Spaces Act, as well as under various provisions of the Revised Penal Code for more serious or physical forms of harassment. Victims can file both criminal complaints and civil suits for damages. It is important to document the incident, report it to local law enforcement or relevant government agencies, and seek prompt legal assistance.

If you or anyone you know has experienced this form of harassment, do not hesitate to approach the nearest police station, barangay office, or legal aid group. Swift action helps ensure accountability and protection for the victim.