Makati High School

Senior High School Unit

Grade 11 – Humanities and Social Sciences (A)
Philippine Politics and Governance

Integrative Paper

Sexual Orientation and Gender Identity

Expression Equality Bill

Submitted to: Ms. Edna Pepito

Submitted by:

Brix Bernard B. Panuelos

Craig Dylan M. San Mateo
Angela Christine A. Dela Cruz
Nealyn C. Palmiano
Armie Claire N. Tayag

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 TABLE OF CONTENTS

I. INTRODUCTION 4

II. RATIONALE 5

III. OBJECTIVES 6

IV. OVERALL SITUATION 6

V. CASE STUDY 8

VI. CRITIQUE OF POLICIES AND STRATEGIES 9

VII. CONCLUSION 11

VIII. RECOMMENDATION 11

IX. REFERENCES 13

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 ACKNOWLEDGEMENT

Deepest thanks to Almighty God who guided and gave us strength in our journey
to write this integrative paper. With all the knowledge and that you lend to us to complete
this paper in time.

We would like to show our deepest appreciation to our Philippine Politics and
Governance teacher, Ms. Edna Pepito for giving this opportunity to do this paper who
guide and support us all throughout the process of making this project. We’re really
thankful to her for providing us her time to make an effective integrative paper.

We owe our deepest gratitude to our beloved parents for giving us the guidance
and support who manage to give us the time that we need in order to fulfil our duties in
writing this paper. Also the things that they provided for us to make a good outcome.

We are also thankful to all the people who gave us the support, guidance and
constant encouragement to make things possible in completing the paper successfully.

Finally to all the members of this group who give their best in giving their time and
commitment to accomplish the successful work of this integrative paper.

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I. INTRODUCTION

LGBT is shorthand for lesbian, gay, bisexual and transgender. The “LGB” in this
term refers to sexual orientation. Sexual orientation is defined as an often enduring
pattern of emotional, romantic and/or sexual attractions of men to women or women to
men (heterosexual), of women to women or men to men (homosexual), or by men or
women to both sexes (bisexual). It also refers to an individual’s sense of personal and
social identity based on those attractions, related behaviors and membership in a
community of others who share those attractions and behaviors. Some people who have
same-sex attractions or relationships may identify as “queer,” or, for a range of personal,
social or political reasons, may choose not to self-identify with these or any labels.

The "T" in LGBT stands for transgender or gender non-conforming, and is an

umbrella term for people whose gender identity or gender expression does not conform
to that typically associated with the sex to which they were assigned at birth. Some who
do not identify as either male or female prefer the term “genderqueer.” While it is important
to understand that sexual orientation and gender identity are not the same thing, they do
both reflect differing forms of gender norm transgression and share an intertwined social
and political history.

The SOGIE (Sexual Orientation and Gender Identity or Expression) Equality Bill,
also known as the Anti-Discrimination Bill (ADB), is a proposed legislation of the Congress
of the Philippines. It is intended to prevent various economic and public accommodation-
related acts of discrimination against people based on their sexual orientation, gender
identity or expression. The bill does not affects religious beliefs, does not oppress other
people’s rights as it is an anti-oppression bill, and does not legalize same-sex marriages.

The Philippines may be one of the most gay-friendly countries in the world, but the
results of a recent survey indicated that three of five Filipinos oppose the civil union of
same-sex couples. A survey conducted by Social Weather Stations (SWS) from March
23 to March 27, showed that nationwide, 61 percent of the 1,200 respondents were
against legalizing the civil union of two men or two women. Forty-four percent strongly
disagreed with such a law, while 17 percent somewhat disagreed.

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II. RATIONALE

Persons with diverse sexual orientation and gender identity (SOGI) experience
abuse and violence (ranging from subtle jokes to extreme forms of stigma and assault)
from their families, neighbors, educational/training institutions and even from government
institutions. Lesbian, Gay, Bisexual and Transgender (LGBT) people also experience lost
economic opportunities due to discrimination in employment such as being required to
wear clothes according to their sex-assigned at birth as condition for hiring and outright
refusal to hire applicants on the ground of their SOGI. Prejudicial attitudes of some law
enforcers and service providers towards LGBT people deter them from reporting cases
of abuse and violence committed against them.

Lesbian, Gay, Bisexual and Transgender (LGBT) people also experience lost
economic opportunities due to discrimination in employment such as being required to
wear clothes according to their sex-assigned at birth as condition for hiring and outright
refusal to hire applicants on the ground of their SOGI.

Prejudicial attitudes of some law enforcers and service providers towards LGBT
people deter them from reporting cases of abuse and violence committed against them.
One documented case of a transgender woman who was sexually abused by a relative
when she was eight-years old narrated that the judge who was hearing the case
questioned her and said that maybe she showed motives that prompted the assault. In
yet another case, the police told a transwoman victim of gang rape that she should be
thankful for being raped by men who otherwise should not give attention to people like
her.

In another case, wherein the husband petitioned for the custody of his child with
an estranged wife whom the petitioner claimed was immoral on the grounds that the ex-
wife had a lesbian relationship, the Court decided in favor of the wife saying that “moral
laxity alone does not prove parental neglect or incompetence”.

Eliminating discrimination based on SOGI will address disparity in treatment that

stems from gender biases and double standards that provide protection selectively to

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those who adhere to the patriarchal concept of male and female, and discriminate against
those who do not fit in the socially constructed norms of what is a man and a woman.

The advocacy helps to end gender-based discrimination and recommends the

passage of an anti-discrimination bill that prohibits discriminatory practices based on
SOGI. The enactment of such law is deemed necessary towards ending all forms of
gender discrimination, and the achievement of gender equality.

III. OBJECTIVES

1. To uphold the rights and privileges of the LGBTQ+ through passing the law.
2. To eliminate acts of discrimination against LGBTQ+ based on their sexual
orientation, gender identity or expression.
3. To acknowledge the importance of LGBTQ+ in the society that they can be part of
economical, political and social affairs.

IV. OVERALL SITUATIONS

Although the Philippines has signed and ratified most of the core human rights
instruments, including the ICCPR, ICECSR, CEDAW, CRC, CRPD, CERD and other
human rights treaties, Philippine society and culture maintain much prejudice towards
the LGBT community, and lacks basic sensitivity and recognition of the LGBT rights.
Although a number of laws mention sexual orientation or address same-sex relations,
such as The Magna Carta on Women3, oftentimes the references have negative impact
on the human rights of LGBTs.

According to the Constitution4, the State guarantees full respect for human rights
and every person has the right to equal protection of the laws, but sexual orientation and
gender identity are not explicitly mentioned. The Revised Penal Code of the Philippines,
as well as other criminal laws, does not have provisions punishing hate crimes.

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 The Philippines has no comprehensive antidiscrimination law. Only one city has a
local ordinance limited to workplace discrimination based on sexual orientation and
gender identity. There are specific anti-discrimination provisions in the PNP Code and
the Magna Carta of Social Workers5. Draft bills that protect sexual orientation and gender
identity have been filed in the Philippine Congress and are in different committees. A
number of government agencies have administrative rules or policies that protect sexual
orientation, and alternately, other agencies have expressed policies that are
discriminatory to their employees or clients.

According to the Philippine LGBT Hate Crime Watch research6 on violence against
the LGBT population in the Philippines, around 141 deaths of LGBTs with varying
elements of motives of hate or bias, extrajudicial killing, and/or discrimination-related
violence related to sexual orientation and gender identity have been documented in media
mass media reports and oral testimonies since 1996.

Section 3 of Republic Act 9710 otherwise known as the Magna Carta of Women
(MCW) provides that “All individuals are equal as human beings by virtue of the inherent
dignity of each human person. No one should therefore suffer discrimination on the basis
of ethnicity, gender, age, language, sexual orientation, race, color, religion, political or
other opinion, national, social or geographical origin, disability, property, birth, or other
status as established by human rights standards.

The Philippine Constitution provides that “The State values the dignity of every
person and guarantees full respect for human rights” (Article II, Section 11). It also
guarantees every person the right to life, security of person and privacy, right to be free
from torture, arbitrary arrest and detention, the right to be free from discrimination and the
right to freedom of expression, and the right to organize associations (Article III, Section
1, 2, 4, 8, 12).

Civil Service Commission Memorandum Circular No. 29-2010 prohibits

discrimination against LGBT people applying for civil service examinations. In addition,

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the CSC’s Revised Policies on Merit and Promotion plan include a provision that inhibits
discrimination in the selection of employees based on various criteria including gender.

Recently, the Department of Social Welfare and Development (DSWD) issued a

Memorandum respecting the right of persons of diverse SOGI to wear uniform of their
preferred sexual orientation and gender identity.5

In addition, Anti-Discrimination Ordinances that prohibit discrimination based on

sexual orientation and gender identity have been enacted in nineteen (19) LGUs, namely:
Barangays Bagbag, Lagro and Pansol in Quezon City, Angeles City in Pampanga,
Antipolo City, Bacolod City in Negros Occidental, Batangas City in Batangas, Candon
City in Ilocos Sur, Cebu City, Dagupan City in Pangasinan, Davao City, Mandaue City,
Puerto Princesa, Quezon City, Vigan City in Ilocos Sur, Municipality of San Julian in
Eastern Samar, Province of Agusan del Norte, Province of Batangas and Province of
Cavite.

V. CASE STUDY

The objectives of the SOGIE roundtable discussion were to: 1) gain a deeper
understanding of the academic concept of intersectionality and its operationability for
LGBTIQ activism/work; 2) conduct dialogues and build alliances and coalitions with
activists and CS actors outside the LGBTIQ movement working on such topics as child
rights, rights of the elderly, persons with disabilities, migrant rights and others; and 3)
develop preliminary ideas on how to apply the concept of intersectionality to inform
LGBTIQ activism.

The key discussion points centered around the following themes: human rights and
the feminist origins of the concept of intersectionality; intersectionality as a key analytical
tool for understanding LGBTIQ people and their problems/issues; practical usage of the
concept for broader civil society engagement with LGBTIQ and SOGIE issues, as well as
expanding LGBTIQ activism beyond SOGIE issues; and the connection between SOGIE

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and other issues such as child rights, aging, migration, ethnicity, people with disabilities
and poverty.

The key recommendations that have been identified were the following: applying
intersectionality in the analysis of the multiple forms of discrimination that LGBTIQ people
face and multiple perspectives of these forms of discrimination, either for the production
of theoretical knowledge (i.e. research) or the creation of better development programs
for LGBTIQ; and using the concept in creating, popularizing and advocating for laws that
will protect LGBTIQ people.

Generally, this activity aims to strengthen LGBTIQ coalition work. Specificall, it seeks to:

 Describe the multiple and intersecting layers of discrimination experienced by

LGBTIQ persons
 Identify opportunities of how SOGIE can be mainstreamed as an additional lens in
the

analysis and advocacy of diverse sectors and marginalized groups;

 •Explore possibilities for cross-sectoral collaboration in addressing the human

rights

situation of LGBTIQ persons.

VI. CRITIQUE OF POLICIES AND STRATEGIES

Widespread and systematic human rights violations on the basis of sexual

orientation, gender identity, and homosexuality persist in the Philippines. The arrests,
harassment, and discrimination faced by lesbian, gay, bisexual, and transgender (LGBT)
people in the Philippines demonstrate the urgent need for the Government of the
Philippines to act. Though an Anti-Discrimination bill was first introduced to Congress
twelve years, the Philippines does not have Anti-Discrimination legislation.

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 The State also fails to address the overwhelming amount of hate crimes and
murders of LGBT individuals in the Philippines and the number of hate crimes against
LGBT people in the Philippines is increasing. State-actor violence against LGBT Filipinos
is pervasive. Police raids on LGBT venues occur regularly and without warrants.

During these raids, police regularly illegally detain, verbally abuse and extort
money from clients. Police will also frequently charge LGBT individuals with violating the
“Public scandal” provision of the Revised Penal Code which is a broadly worded public
morality law discriminatorily applied against the LGBT community. There are glaring
instances of discrimination, marginalization and exclusion of sexual orientation and
gender identity issues from various legislative bills.

The President of the Philippines, Benigno Aquino, removed sexual orientation as

a protected category from a congressional bill on sexual and reproductive health after
after Congress attempted to include it. The Philippines also intends to pass legislation
that will make changing one’s first name and sex on a birth certificate illegal for
transsexual and intersex individuals.

The State has also been responsible for inciting homophobia. In January 2012
during the Philippine National AIDS Council plenary meeting, the Philippine Secretary of
Health Enrique Ona stated that “parents should rein in their homosexual children and get
them tested” to address the rapid rise of HIV cases in the country; his statements only
contributing to a general ignorance and hostility toward LGBT people already pervasive
within the country. LGBT persons are entitled to their full rights under the International
Convention on Civil and Political Rights (ICCPR.)

In order to protect access and enjoyment of these rights the Government of the
Philippines must take positive steps to repeal discriminatory laws and combat violence
targeted at LGBT individuals. There is urgent need for the Committee to take appropriate
action to ensure LGBT people can enjoy the rights within the Convention to which they
are entitled.

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VII. CONCLUSION

The findings indicated a slow progressive living environment of Filipino LGBT

people, who lack legal protection; suffer from mental health issues, opposed by religion
and so on. The possible solutions such as separating church from the government’s work,
educating and sensiting more people, and organising and engaging LGBT individuals
were suggested by the study. The findings have significant international health implication
because it could draw people’s attention of the wellbeing of LGBT students not only in
conservative countries but also in ‘gay-friendly’ nations like Philippines. The mental and
physical health of LGBT community, especially students should be paid much attention.

VIII. RECOMMENDATION

As the issues keep on happening in lives of the LGBTQA people. We would like to
recommend all LGBT organizations working in the Philippines to conduct more
professional trainings to deal with mental health issues of LGBT students, working with
the universities and mental health clinics to treat serious issues of mental health.

We would like to suggest the LGBT organizations which have complicated

application process to simplify it so that they could recruit more members for their
organizations to increase helping hands in the advocacy and other supportive works.

We want to recommend the LGBT organizations and students to participate more

in social media debates, such as in TV programmes, YouTube videos, online discussion
or in activities to deliver SOGIE information.

We would like to recommend the Philippine community based organizations to

organise SOGIE related trainings to the community administers, as well as families who
have LGBT children, with the help of LGBT organizations.

We would like to recommend schools and universities in the Philippines to

establish supportive policies, which include the freedom to LGBT students be organised,
establish LGBT organizations, hold LGBT advocacy, wear uniforms and access facilities

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consistent with students’ self-expressed gender identity, and provide quicker response
system to mental health issues of the students.

We would also like to recommend to provide training to school or college teachers

and staff to respond bullying and harassment; and integrate comprehensive SOGIE
knowledge with other courses. We would like to recommend the Government of
Philippines to advance passing of the anti-discrimination bill; separate the obligations with
the church according to the Constitution, especially when it comes to LGBT issues; and
ensure the equal rights of LGBT community on education, healthcare (mainly sexual and
mental health) and employment and to organise themselves.

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IX. REFERENCES

Human Rights Violations on the Basis of Sexual Orientation ... (n.d.). Retrieved
from
https://www.researchgate.net/publication/318849696_Human_Rights_Violations_on_the
_Basis_of_Sexual_Orientation_Gender_Identity_and_Homosexuality_in_the_Philippine
s_Coalition_Report

"Just Let Us Be" | Discrimination Against LGBT Students in the Philippines. (2017,
September 11). Retrieved from https://www.hrw.org/report/2017/06/21/just-let-us-
be/discrimination-against-lgbt-students-philippines

LGBTQ activists: We are tolerated but not accepted in the Philippines. (n.d.).
Retrieved from https://amp.rappler.com/nation/170091-lgbtq-rights-philippines-tolerated-
not-accepted

LGBT students face bullying, discriminatory policies in schools. (n.d.). Retrieved

from https://www.philstar.com/headlines/2017/06/23/1712878/lgbt-students-face-
bullying-discriminatory-policies-schools

Mosbergen, D., & Mosbergen, D. (2015, October 12). The Dangers Of Being LGBT
In 'Tolerant' Philippines. Retrieved from
https://m.huffpost.com/us/entry/us_5614f92fe4b021e856d2d870

Philippine Commission on Women. (n.d.). Retrieved from

https://www.pcw.gov.ph/wpla/enacting-anti-discrimination-based-sexual-orientation-and-
gender-identity-law

Salaverria, L. B. (n.d.). PH LGBT-friendly, but 61% oppose same-sex marriage.

Retrieved from https://newsinfo.inquirer.net/1005757/ph-lgbt-friendly-but-61-oppose-
same-sex-marriage

The State of LGBT Human Rights Worldwide. (2015, May 21). Retrieved from
https://www.amnestyusa.oights-philippines-tolerated-not-accepted

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