Former Capitol consultant Byron Garcia will face trial before a Mandaue City court over Facebook posts and videos that Cebu Province public health consultant Dr. Elisse Nicole Catalan said contained sexist and degrading remarks against her and her mother, Gov. Pamela Baricuatro.
Garcia, brother of former governor Gwendolyn Garcia, is set for arraignment and pretrial before the Municipal Trial Court in Cities (MTCC) Branch 1 in Mandaue City on July 29, 2026, for three counts of gender-based online sexual harassment under Republic Act (RA) 11313, or the Safe Spaces Act.
Police arrested him at 4:35 p.m. Thursday, June 11, at the Talisay Fish Port in Barangay San Roque, Talisay City. Police said the arrest followed a warrant issued by MTCC Branch 1 in Mandaue City for three counts of gender-based online sexual harassment under Section 12 of RA 11313. The court set bail at P108,000 for Garcia's temporary release.
Personnel of the Provincial Intelligence Unit of the Cebu Police Provincial Office and the Talisay City Police Station carried out the arrest.
Catalan's complaint accused Garcia of making misogynistic remarks and attacking her physical appearance in public Facebook posts and videos.
RA 11313 penalizes unwanted sexual comments, gestures or advances in public places, online spaces, workplaces and schools. For online spaces, the law covers acts done through information and communications technology, including unwanted sexual, misogynistic, homophobic, transphobic or sexist remarks, cyberstalking, persistent messaging, unauthorized sharing of private content, impersonation, false posts meant to damage a person's reputation and false abuse reports on online platforms.
Digital records
In a resolution obtained by SunStar Cebu on Thursday, June 11, the Mandaue City Prosecutor's Office said Catalan's complaint was supported by electronic records, including screenshots and preserved digital copies authenticated by the National Bureau of Investigation.
The prosecutor's office said the evidence showed more than mere suspicion and a well-founded belief that the offense had been committed. It also found a reasonable probability of conviction if the case goes to trial.
The resolution said the evidence covered Facebook posts and uploaded videos, remarks attributed to Garcia that contained body-shaming language and sexist ridicule, statements that named or identified Catalan, and Catalan's testimony that she suffered humiliation, anxiety, emotional distress and fear of further harassment because the posts were open to users who made abusive remarks.
The resolution cited an April 7, 2025 Facebook post in which Garcia referred to Catalan as “Miss Chubby Catalan.”
It also cited a video uploaded on July 27, 2025, in which Garcia referred to Catalan's body weight and physical appearance, calling her “overweight, obese and not healthy.”
Court jurisdiction
In an order dated Tuesday, June 9, MTCC Branch 1 said it reviewed its jurisdiction and found probable cause to hold Garcia for trial.
The court said there was no case law clarifying which court has jurisdiction over acts that may fall under both RA 11313 and Republic Act (RA) 10175, or the Cybercrime Prevention Act of 2012.
“Presently, no case law exists clarifying the proper jurisdiction over acts constituting online sexual harassment under RA 11313, committed by, through and with the use of information and communications technologies,” the court said.
The court granted the prosecution's motion to proceed under RA 11313, saying the City Prosecutor's Office filed the cyber-facilitated charges under Section 12 of the law and did not seek aggravated penalties under the Cybercrime Prevention Act.
Catalan said she filed the case as a private citizen seeking accountability through the legal process.
“This case is not only about me. It is about affirming that no one is above the law, and that every person deserves to be treated with respect, whether in public spaces, workplaces, educational institutions, or online platforms,” read a portion of her statement posted on her official Facebook account on Friday, June 12.
She also linked the case to the Independence Day holiday, saying true freedom includes being able to take part in society without intimidation or humiliation.
“May unlawful acts be held to account through due process. May justice prevail,” Catalan said.
Garcia, in a chance interview at the Talisay City Police Station Thursday night, denied knowing about the allegations.
“Wa koy kalibutan gyud aning kasoha,” Garcia said. (I really have no knowledge about this case.)
Garcia confirmed that he saw the warrant of arrest and identified Catalan as the complainant.
His lawyer, Sherwin Mabanto, declined to discuss the details of the case with reporters, saying they reserved the right to present Garcia's side in the proper forum at the proper time.
During arraignment, the court asks the accused to answer the charge. Pretrial follows arraignment and allows the court and parties to narrow the issues, mark evidence and speed up the proceedings.
