The Commission on Human Rights (CHR) has looked into the incident in a Cebu City-based restaurant involving an LGBTQ+ personality and a food server. 

“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,” said CHR in its official statement issued on September 4, 2024.

“The CHR 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,” the statement reads. 

Bacalso got mad reportedly at the server for addressing him “sir” and that he let the server stand for about two hours while waiting for management to settle the concern.

Bacalso demanded allegedly from management to give the server the benefit of a gender sensitivity seminar.

In an official statement, the restaurant said it stands by its worker and that it aims to provide a safe and respectful environment for its people and guests.

CHR 7 indicated that “Marcilla reportedly felt humiliated and deeply afraid during the encounter, he filed his resignation from the restaurant shortly after the incident.”

“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,” CHR said. 

“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,” CHR also said. 

CHR has reminded 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," it further said.

In a recent development, five cases were filed at the Cebu City Prosecutor’s Office against Bacalso. 

Cases for unjust vexation, grave scandal, grave coercion, grave threats, and slight illegal detention were filed against Bacalso, according to a report by Lloyd Suarez of DYSS Super Radyo GMA. 

Atty. Ron Ivan Gingoyon, legal counsel of the food server, said that the traumatic experience and the eventual job loss has an impact on the mental wellbeing of his client.

APOLOGY

In a statement released a day after the July 21, 2024 incident, Bacalso said he apologized to the group from the restaurant present in a meeting.

The server was not present in that meeting.

Bacalso said he and the restaurant reportedly “agreed to pursue together more inclusive practices in the restaurant.”

“I also realized that in the impassioned pursuit of my advocacy, I could have done with a little measure of kindness, sadly quite absent in the ruckus this has all unnecessarily created when it was made public without our knowledge. I made a personal apology to the group present, and requested if I may do so for the concerned waiter. I am also making it very public with this post, as it has become quite public fodder,” Bacalso said.

Bacalso pointed out that he did not demand for the server to stand for the whole length of time he was explaining his side of the gender sensitivity issue.

“It was he who chose to stand in front of me as we waited for input from management, who I attempted to contact,” Bacalso said.