Pasig candidate Ian Sia cites free speech in show cause response over sexual joke about single mothers

Christian "Ian" Sia—the Pasig candidate who has been widely criticized over his sexual joke on single mothers—formally defended his remarks in a letter to the Commissions on Elections, which issued a show cause order against him. He cited freedom of speech to justify what he said, as well as the constitutional infirmity of Comelec's campaign guidelines.

In his response dated April 7, Sia claimed that his viral statement was only an "abridged version" that was "maliciously spun to mislead people on social media."

In its show cause order issued on April 4, Comelec provided a transcript of what Sia said during the caucus of his party Team Kaya This on April 2: "Ito ang ambag ko sa mga solo parent ng Pasig. Minsan sa isang taon, ang mga solo parent na babae na nireregla pa. Nay, malinaw nireregla pa at nalulungkot. Minsan sa isang taon, puwedeng sumiping ho sa akin."

The poll body said it constitutes a possible violation of Comelec Resolution No. 11116 or the Anti-Discrimination and Fair Campaigning Guidelines.

In particular, Comelec cited Section 3, which states that, "During the election period, any person who, directly or indirectly, committing acts of bullying on the basis of HIV status, coercion, discrimination against women, discrimination against PWDs (persons with disabilities), on the use of public accommodations, gender-based harassment, labeling public ridicule against PWDs, vilification of PWDs, violation of an anti-discrimination ordinance, and/or violation of rights to religious, cultural sites, and ceremonies as defined under Section 2 of this Resolution shall be liable for an election offense pursuant to Section 13 of RA 9006 and Section 261 (e) of the OEC (Omnibus Election Code) and other pertinent laws, rules, and regulations." It provided emphasis on "discrimination against women" and "gender-based harassment."

But Sia said Comelec Resolution No. 11116 "suffers from constitutional infirmity," or when a law or action is invalid or unenforceable due to a flaw.

The lawyer running for Pasig's congressional district argued that Resolution No. 11116 was promulgated pursuant to Republic Act No. 9006 or the Fair Election Act's Section 13, which authorizes Comelec to promulgate and furnish political parties and candidates, as well as mass media entities, with the act's rules and regulations.

The section states that it's "consistent with the criteria established" in the 1987 Constitution's Article IX-C Section 4, which authorizes Comelec to supervise or regulate public utilities, media, and government-granted privileges during the election period to ensure equal access, fair rates, and the right to reply for candidates, as well as the Omnibus Election Code's Section 86, which authorizes Comelec to regulate election propaganda through mass media.

"Instead, Resolution No. 11116 seeks to implement, among others, the Magna Carta for Women and the Safe Spaces Act," Sia said. "Clearly, these are outside the jurisdiction of the Honorable Commission, as its power is limited to the enforcement and administration of las and regulations relative to the conduct of election, plebiscite, initiative, referendum, and recall."

But even if Comelec Resolution No. 11116 is valid, Sia pointed out that he "did not violate the same when I uttered the statements."

He noted that though his language and tone were "indeed conversational with the use of everyday banter one would expect from ordinary people," his statements "were not made to discriminate, exclude, restrict, demean or harass female solo parents."

"My statements were not uttered to restrict or deprive female solo parents of their fundamental human rights and freedoms," he noted.

Sia said that though his words "may sound brash, my speech, in its entirety, fall within my freedom of speech."

"For the foregoing reasons, I humbly pray that the Honorable Commission consider my answer as sufficient compliance with its Show Cause Order dated 04 April 2025," he said in concluding his letter.