Byron pre-trial on July 29

CEBU, Philippines — After spending two nights in police custody, former Cebu Provincial Capitol consultant Byron Fiel Garcia is expected to post bail today, June 13, following his arrest over three counts of alleged gender-based online sexual harassment.

This comes as the court moves forward with arraignment and pre-trial proceedings scheduled for next month.

Authorities at the Talisay City Police Station confirmed that Garcia is preparing to secure his temporary liberty following his arrest on Thursday afternoon.

Court records showed that Garcia is set to appear before the Municipal Trial Court in Cities (MTCC) Branch 1 in Mandaue City on July 29, 2026, for his arraignment and pre-trial conference.

The schedule was contained in an order issued by Presiding Judge Jennifer Pepito-Nimaniwa after the court found probable cause to hold Garcia for trial in connection with three criminal cases involving alleged violations of Section 12 of Republic Act No. 11313, or the Safe Spaces Act.

Under the court order, bail was fixed at P36,000 for each case, bringing the total recommended bail to P108,000.

In its June 9 order, the court granted a motion for reconsideration filed by the Office of the City Prosecutor after the cases were earlier dismissed without prejudice due to jurisdictional concerns.

Following a re-evaluation of the information, supporting evidence, and the prosecution's arguments, the court concluded that a sufficient basis existed to proceed with the cases.

"Accordingly, after a re-evaluation of the Information and supporting evidence together with the Resolution of the prosecution and the Motion for Reconsideration, the court finds that probable cause exists to hold the accused for trial of the cases at bar," the order stated.

The same order directed the issuance of a warrant for Garcia's arrest and scheduled the arraignment and pre-trial proceedings for July 29 at 8:30 a.m.

The court also specified that the proceedings would be subject to the acquisition of jurisdiction over the person of the accused, either through arrest or voluntary surrender.

With Garcia already under police custody following the implementation of the warrant, the court is now expected to proceed with the next stages of the criminal proceedings.

The criminal complaints stemmed from allegations made by the Capitol's public health consultant, Dr. Elisse Nicole Catalan, who accused Garcia of repeatedly posting statements and videos on social media that allegedly contained sexist, misogynistic, degrading, and body-shaming remarks directed at her.

In a resolution dated March 9, 2026, prosecutors found sufficient grounds to recommend the filing of three counts of violation of Section 12 of the Safe Spaces Act.

The prosecution panel noted that the questioned statements were allegedly published through Facebook posts and uploaded videos, satisfying the online element required under the law.

According to the resolution, the remarks attributed to Garcia allegedly contained body-shaming language, sexist ridicule, and degrading references to Catalan's physical appearance.

Prosecutors further concluded that the statements specifically identified the complainant and that she allegedly suffered humiliation, anxiety, emotional distress, and fear of further harassment because the posts were publicly accessible.

The prosecution also cited what it described as competent electronic evidence supporting the complaints.

Among the materials considered were screenshots, preserved digital copies of posts, and documentation from the National Bureau of Investigation confirming the existence and preservation of the online content.

The resolution likewise pointed to the alleged connection between the questioned posts and Garcia's verified Facebook account.

"The constitutional protection of speech is not absolute," the prosecution stated in its findings.

"Sexist and degrading statements directed at a private individual with the effect of harassment fall squarely within the conduct penalized by R.A. 11313," the resolution added.

Based on the evidence presented during the preliminary investigation, prosecutors said there was more than mere suspicion that a violation may have been committed.

Consequently, prosecutors recommended the filing of three separate informations against Garcia for alleged violations of the Safe Spaces Act.

Garcia, who is also the brother of former Cebu Provincial Governor Gwendolyn Garcia, was arrested at around 4:35 p.m. on June 11 at the Talisay Fish Port in Barangay San Roque, Talisay City, during a joint operation conducted by personnel from the Cebu Police Provincial Office's Provincial Intelligence Unit and the Talisay City Police Station.

Police said the arrest was carried out peacefully after officers informed Garcia of the warrant and apprised him of his constitutional rights.

Following his arrest, Garcia underwent a medical examination and was later placed under police custody pending the posting of bail.

As of press time, authorities said Garcia was expected to secure his temporary release while awaiting his arraignment and pre-trial proceedings before the Mandaue court next month. (CEBU NEWS)