The Commission on Human Rights has taken cognizance of the incident at Ulli’s Streets of Asia involving LGBTQI personality Jude Bacalso, who allegedly publicly upbraided Rjay Marcilla, an employee of the Cebu-based restaurant, on 21 July 2024.
CHR Region 7 continuously investigates the matter after receiving a complaint sent to CHR MISMO from an anonymous citizen on July 23.
Initial reports from CHR Regional Office 7’s investigation indicate that Bacalso spoke to food server Rjay Marcilla, educating him on proper gender terminology after being addressed as “sir.” However, the investigation also revealed that Bacalso allegedly made Marcilla stand in front of her for almost two hours during the exchange, repeatedly berating him, and refused to release him despite attempt by the restaurant’s supervisor to intervene. Marcilla reportedly felt humiliated and deeply afraid during the encounter, leading to his resignation from the restaurant shortly after the incident.
While the CHR reaffirms its commitment to advocating for safe and respectful spaces for individuals regardless of their gender identities, it is crucial that the assertion of these rights does not become a reason to subject the more vulnerable or less privileged to undue mistreatment. The Commission emphasizes the importance of ensuring that workers are treated with dignity, as any form of demeaning behavior, which can include verbal harassment, can have a serious impact on their mental well-being.
Furthermore, such occurrences of harassment in workplaces are not only morally unacceptable but might also constitute a breach of workers’ rights. Article 7 of the International Covenant on Economic, Social and Cultural Rights asserts the rights of workers to a safe and healthy working condition. Article 26 of Republic Act No. 386, or the Civil Code of the Philippines, protects an individual’s dignity, personality, privacy, and peace of mind. It also protects one’s rights against vexation on account of their socioeconomic status.
The Commission reminds the public that workplace conflicts should ideally be resolved through dialogue and mutual agreement between employers and employees. Article XIII, Section 3 of the 1987 Philippine Constitution highlights the importance of using non-adversarial methods such as conciliation and mediation. While this provision primarily focuses on labor-management relations, it helps protect workers’ rights from unfair treatment by customers by ensuring a fair and balanced approach to resolving conflicts.
Meanwhile, the CHR stresses to the public that making threats and transphobic remarks online is prohibited under the Safe Spaces Act (RA 11313), specifically under Section 12 of the law. Cebu City’s SOGIE Equality Ordinance also protects a person against discrimination, including gender-based and sexual harassment.
Under the law and the Labor and Employment Department’s Mental Health Policy, the Commission reiterates that employers have a duty of care towards their workforce and should create an inclusive working environment free from violence and harassment, regardless of the size or sector of the enterprise.
Per Labor Advisory No. 19 Series of 2023, employers must guarantee and provide support to help employees take care of their mental well-being.
As part of its mandate to promote and protect the people’s rights, CHR remains vigilant and proactive in addressing issues of workplace harassment and discrimination. Maintaining a safe and respectful working environment, however, is a collective responsibility, and it is essential to speak out to protect both individual rights and the rights of others.