S.A 2020/21 B.E CRIMINAL LAW | Question #08
SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW
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While a person was passing through a construction site for a new Hall of Justice building, construction workers shouted: “Hoy bakla, halika rito at haplusin mo ‘ko!” “Hoy bakla, ang pangit mo!” “Bakla, mukha ka pa ring lalaki kahit ano'ng gawin mo!”
The person victimized by these remarks asks you: Was a crime committed by the workers who shouted these statements? Explain briefly.
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SUGGESTED ANSWER:
Yes, the construction workers committed Gender-Based Streets and Public Spaces Sexual Harassment, which is defined and punished under Section 4, Article I of Republic Act No. 11313 or the Safe Spaces Act.
Gender-Based Streets and Public Spaces Sexual Harassment is committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks. This includes catcalling, unwanted invitations, transphobic, homophobic and sexist slurs.
The workers’ remarks amount to unwanted invitations, transphobic, homophobic and sexist slurs. As such, they are liable for Gender-Based Streets and Public Spaces Sexual Harassment under R.A. No. 11313.
Alternative Answer:
Yes, the construction workers committed slander or oral defamation as punished in Article 358 of the Revised Penal Code.
The elements of oral defamation are: (1) there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, status or circumstances; (2) made orally; (3) publicly; (4) and maliciously; (5) directed to a natural or juridical person or one who is dead; (6) which tends to cause dishonor, discredit or contempt of the person defamed (De Leon v. People, G.R. No. 212623, January 11, 2016)
In this case, the workers made an imputation of the person’s sexuality which may be considered an imputation of the person’s status. The imputation was made orally by the workers by shouting at the person, was made publicly at a construction site for a new Hall of Justice building, and was made maliciously as made apparent by the statements made by the workers. The statements were directedsolely to the person passing through the construction site and were made in a manner as to cause dishonor to the said person. As such, the workers committed slander or oral defamation under Article 358 of the Revised Penal Code.
Code: S.A 2020/21 B.E CRIMINAL LAW | Question #08
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