Page |1

I. Introduction

The Universal Declaration of Human Rights envisioned and stands for the right of every
person to life, privacy, health and equality as well as the right to freedom of expression and
freedom from discrimination and violence. One sector that is very vulnerable of violation of
the above mentioned rights are lesbian, gay, bisexual and transgender (LGBT). Many cases
circulating the archipelago concerning the LGBT’s fight for acknowledgement, protection
against violence, anti-discrimination and most importantly the claim for the right to
exercise their fundamental right.
According to a Sigmund Freud the reasons of Homosexuality is gender identification
differences: It is agreed that an element of gender ID is based on the decision made by
parents on how to raise the child, the other element is formed with the development of
language skills, naming of sexual behaviors and the naming process related to these
behaviors. Gender ID is learned over time, and other contributions include the frequency of
parental interactions, tolerance of aggression levels, and the vigor of play during
childhood1. From the thesis of Mr. Freud it may be concluded that homosexuality is the
result of the upbringing of the person and a result of involuntary intentions of other
parties.
Currently the community of homosexuals is commonly known as lesbian, gay, bisexual
and transgender (LGBT) community. However, it cannot be denied that some countries or
even society still stigmatize the existence of the LGBT community. As a result of this stigma
several issues regarding human rights violation are common such as the issue of same sex
marriage, discrimination and harassment making the community vulnerable for danger
and abuse.

II. Problem and its Background

Human rights encompasses sexual orientation and gender identity of an individual,
thus, it should be impartial and must equally apply to everyone. However, it cannot be

1 NPR Letters on the Biological Basis of Homosexuality, R. Pillard, April 2003.

 Page |2

denied that such was excessively violated by many people in a number of ways which
results to countless cases of inequality and discrimination.
The main thrust of this study is to determine the human rights violation suffered by
LGBT group in the aspect of equality and non-discrimination. The study will also dwell on
the measures provided to suppress and prevent violations on human rights. Furthermore
this study will specifically focus on the issues with regard to:
1) Same-Sex Marriage
2) Discrimination and Harassment

A. Scope and Limitation

This research study will cover discriminations and inequalities suffered by LGBT on the
following aspects:
1. Same-sex marriage
This aspect extends only to inequality as to laws granting the right to enter into marriage
within the Philippines.
2. Discrimination and harassment
Due to time constraints, the researchers utilized published studies and articles, thus
selected only cases of discrimination suffered by LGBT in school as well as harassment
which pertains only to verbal harassments.

B. Definition of Terms

Sexual orientation- A component of identity that includes a person’s sexual and

emotional attraction to another person and the behavior and/or social affiliation that may
result from this attraction. A person may be attracted to men, women, both, neither, or to
people who are gender queer, androgynous, or have other gender identities. Individuals
may identify as lesbian, gay, heterosexual, bisexual, queer, pansexual, or asexual, among
others2.

2American Psychological Association. (2015). Guidelines for Psychological Practice with Transgender and
Gender Nonconforming People. American Psychologist, 70(9), 832-864. doi.org/10.1037/a0039906
 Page |3

Gender identity- A person’s deeply‐felt, inherent sense of being a boy, a man, or male; a
girl, a woman, or female; or an alternative gender (e.g., gender queer, gender
nonconforming, gender neutral) that may or may not correspond to a person’s sex assigned
at birth or to a person’s primary or secondary sex characteristics. Since gender identity is
internal, a person’s gender identity is not necessarily visible to others. “Affirmed gender
identity” refers to a person’s gender identity after coming out as TGNC or undergoing a
social and/or medical transition process3.

Gender Expression- The presentation of an individual, including physical appearance,

clothing choice and accessories, and behaviors that express aspects of gender identity or
role. Gender expression refers to the “…way in which a person acts to communicate gender
within a given culture; for example, in terms of clothing, communication patterns and
interests4.

Discrimination- refers to the positive or negative behavior towards a social group and
its members. Naturally people think generally of negative behavior , however a
discrimination against one certain group means positive discrimination for others 5.”

Same-sex marriage- also known as gay marriage or a homosexual marriage. This kind of
marriage is a ceremonial union of two people of the same sex; a marriage or marriage-like
relationship between two women or two men6

Harassment- Harassment is behavior that targets an individual or group due to their 7.

3 Ibid,
4 Ibid, note 2
5 Smith, Eliot R. – Mackie, Diana M. 2002 Szociálpszichológia. Budapest, Osiris Könyvkiadó.
6 Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
7 ttps://bullyingnoway.gov.au/Resources/FactSheets/Documents/bnw-factsheet-1-bullying-definitions.pdf
 Page |4

III. Review or related literature

According to Sigmund Freud homosexuality is the result of the sexual orientation of the
person. Sexual orientation refers to an enduring pattern of emotional, romantic, and/or
sexual attractions to men, women, or both sexes. Sexual orientation also refers to a
person’s sense of identity based on those attractions, related behaviors, and membership in
a community of others who share those attractions. Thus, sexual orientation is closely tied
to the intimate personal relationships that meet deeply felt needs for love, attachment, and
intimacy. In addition to sexual behaviors, these bonds include nonsexual physical affection
between partners, shared goals and values, mutual support, and ongoing commitment.
Therefore, sexual orientation is not merely a personal characteristic within an individual.
Rather, one’s sexual orientation defines the group of people in which one is likely to find
the satisfying and fulfilling romantic relationships that are an essential component of
personal identity for many people.8
Through history, a human being has been classified only to be with the gender of
either a male or a female. Times passed, the society was introduced with the so called
“third gender”. This third gender is the LGBT Community which is composed primarily of
Lesbian, Gay, Bisexual and Transgender. This third gender has been slowly becoming part
of the society.
The third gender has been protected by existing internationally accepted laws and
principles, and other local laws. In the international aspect, the LGBT Community has been
continually protected by Articles 1 and 2 of the Universal Declaration of Human Rights.
Article 1 of the said declaration provides that:

“All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a spirit
of brotherhood.”
In addition, Article 2 of the same declaration states that:

8American Psychological Association. (2008). Answers to your questions: For a better understanding of
sexual orientation and homosexuality. Washington, DC: Author. [Retrieved from
www.apa.org/topics/sorientation.pdf.]
 Page |5

“Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status. Furthermore,
no distinction shall be made on the basis of the political, jurisdictional or international
status of the country or territory to which a person belongs, whether it be independent,
trust, non-self-governing or under any other limitation of sovereignty.”9
Another is Article 2 of the International Convention of Civil and Political Rights which
provides that:

“Each State Party to the present Covenant undertakes to respect and to ensure to all
individuals within its territory and subject to its jurisdiction the rights recognized in the
present Covenant, without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other
status.”

The history of LGBT advocacy in the Philippines, reference was made to the early
existence of transvestism and crossing gender in the 16th and 17th century with the
“Babaylan”, their disappearance under Spanish colonialism and the emergence of different
gender identities and sexual orientations in the 1960s. From then, a gay culture rapidly
evolved, although with stratification of identity and communities with the adoption of a
Western notion of “gay” by some, mostly wealthier gay men, and the adoption of an
indigenous identity. Following the emergence of gay literature and academic studies, the
90s saw the first demonstrations of political activism with participation by LGBT
communities and organizations in both LGBT-specific marches (pride marches) and
mainstream demonstrations such as International Women’s Day and the 1994 march
protesting the Value Added Tax.10

9 United Nations General Assembly Resolution 217 A: Universal Declaration of Human Rights (10 Dec 1948)
10 UNDP, USAID (2014). Being LGBT in Asia: The Philippines Country Report. Bangkok
 Page |6

Same-sex Marriage
On June 28, 2018, a news made noise in social media that the first same sex marriage
was held in Bayugan City, Caraga which was officiated by Rev. Ceejay Agbayani of the LGBT
Christian Church. The said marriage was the union of two biological woman named Alice
Crisostomo and Honey Jane Abinon, Ms. Abinon is the lesbian partner. Bombo Radio
reported that the said marriage was a traditional type of wedding where Alice Crisostomo
wore a white wedding dress and Honey Jane Abinon wore her tuxedo, it was indeed a true
wedding. However, the said news garnered violent reactions which led some people to call
them “Anak ni Satanas”.
True, that the said marriage is void under the Family Code of the Philippines as it lacks
the formal and essential requisites of a valid and binding marriage. However, it cannot be
denied that The 1987 Constitution recognizes No person shall be deprived of life, liberty,
or property without due process of law, nor shall any person be denied the equal
protection of the laws. In the case of Obergefell v. Hodges the US Supreme Court reiterated
that the right to marry is a fundamental right inherent in the liberty of the person, and
under the Due Process and Equal Protection Clauses couples of the same-sex may not be
deprived of that right and that liberty. The Universal Declaration of Human Rights (UDHR)
further amplified the importance of the right to life, liberty, equal protection and due
process by providing these provisions:
In the case of Figueroa vs. Barranco the Justice Romero said “We cannot castigate a man
for seeking out the partner of his dreams, for marriage is a sacred and perpetual bond
which should be entered into because of love, not for any other reason.”11 The court
through the words of one of its magistrate acknowledge the fact that no one even the high
court cannot castigate a man in choosing a partner to spend his or her lifetime with.
Marriage as define in E.O 209
Article 1. Marriage is a special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of conjugal and
family life. It is the foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by law and not subject to

11 Figueroa vs Barranco SBC Case No. 519 (July 31, 1997)

 Page |7

stipulation, except that marriage settlements may fix the property relations during
the marriage within the limits provided by this Code.
Marriage is one of the “basic civil rights of man,” fundamental to our very existence
and survival.12 The freedom to marry has long been recognized as one of the vital personal
rights essential to the orderly pursuit of happiness by free men.13 Marriage as a special
contract cannot be restricted by discriminatory policies of private individuals or
corporations.14
The right to marry is a well recognized right in the human right under international
law. The Universal Declaration of Human Rights recognizes the importance of the right to
marriage, The International Covenant on Civil and Political Rights which the Republic of the
Philippines signed provides the same provisions on family and marriage stated in the
Universal Declaration of Human Rights. It should be therefore be concluded that the
institution of marriage is universally regarded as fundamentally important deserving the
full protection of all states. the 1987 Philippine Constitution provides in its Declaration of
Principles and State Policies that the Philippines adopts the generally accepted principles
of international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation and amity with all nations (Article II, Section 2 of the
1987 Philippine Constitution).
Legislative regulation of marriage must, however, not contravene the mandates of
the Constitution. It must not violate for instance the “equal protection clause” by forbidding
certain types of marriages on the basis of race or political inclinations.15
Marriage a few decades ago was arrange by the bride’s and groom’s parents perhaps
the premise was the genesis of why parental consent or parental advice is essential before
one can acquire a valid marriage license. Change is indeed inevitable, even laws change to
better fit the changing needs of society. One of the prominent changes in the society
however is the dynamic acceptance of society of Gay and Lesbian rights. One of the most
influential cases in Philippine History is in the case of Ladlad vs. Comelec, where the
petitioner’s accreditation was denied not necessarily because their group consists of LGBTs but

12 Skinner v. State of Oklahoma, 316 US 535, 62 S. Ct. 1110, 86 L. Ed. 1655

13 Loving v. Virginia, 388 US 1, 87 S. Ct. 1817, 18 L. Ed. 2.
14 Philippine Telegraph and Telephone Company v. NLRC, 82 SCAD 747, 272 SCRA 596,
15 See Supra note 3
 Page |8

because of the danger it poses to the people especially the youth. Once it is recognized by the
government, a sector which believes that there is nothing wrong in having sexual relations with
individuals of the same gender is a bad example. It will bring down the standard of morals we
cherish in our civilized society. Any society without a set of moral precepts is in danger of losing its
own existence.16 The Supreme Court however ruled that the said denial was violated the right to
Equal protection and Freedom of association.
Eric Heinze in 1995 published Sexual Orientation: a human right: an essay on
international human rights law (1995). He wrote about how existing international norms
should be construed to include rights against discrimination on the basis of sexual
orientation, including the rights of privacy, equality, speech, expression, and association.17
To have a greater understanding of this group the United Nation on Human Rights Defines
LGBT as “lesbian, gay, bisexual and transgender.” While these terms have increasing global
resonance, in different cultures other terms may be used to describe people who form
same-sex relationships and those who exhibit non-binary gender identities (such as hijra,
meti, lala, skesana, motsoalle, mithli, kuchu, kawein, travesty, muxé, fa’afafine, fakaleiti,
hamjensgara and Two-Spirit). In a human rights context, lesbian, gay, bisexual and
transgender people face both common and distinct challenges. Intersex people (those born
with atypical sex characteristics) suffer many of the same kinds of human rights violations
as LGBT people, as indicated below.18
In 2015, the world was astound by the pronouncement of the United States Supreme
court in the Case of Obergefell vs. Hodges where the court said that the right to marry
entails the right to liberty and protects the life to property and declared that individuals
having the same sex who intends to enter into marriage should be afforded equal
protection as those men and women who entered marriage. While the said precedence is
not applicable in our courts our legislatures should take cognizance of the wisdom behind
the decision as the increase of same sex relationship increases in the Philippines.

16 Ladlad Vs. Comelec

17 Heinze, E. (1995). Sexual orientation - a human right: An essay on international human rights law. Leiden,
Netherlands: Martinus Nijhoff.
18 www.ohchr.org, https://www.unfe.org/wp-content/uploads/2017/05/LGBT-Rights-FAQs.pdf
 Page |9

A major factor in the Philippine context is the influence of the Catholic Church, which
strongly opposes same-sex marriage19. However, the hold of the Church on legislation may
not necessarily be absolute, as seen in the recent passage of the Reproductive Health (RH)
Law, which had strong public support despite vocal opposition from Church leaders.
Notably, to counteract anti-RH advocates’ emphasis on God and the sanctity of life in their
moral messaging.20
One of the most significant contentions of petitioners in the case or Obergefell vs.
Hodges the prohibition entails a denial of due process to individuals of the third gender. In
the Philippine context, due process is comprised of two components — substantive due
process which requires the intrinsic validity of the law in interfering with the rights of the
person to his life, liberty, or property, and procedural due process which consists of the
two basic rights of notice and hearing, as well as the guarantee of being heard by an
impartial and competent tribunal.21
Principles and traditions demonstrate that the reasons marriage is fundamental under
the Constitution apply with equal force to same-sex couples. The first premise of this
Court’s relevant precedents is that the right to personal choice regarding marriage is
inherent in the concept of individual autonomy. This abiding connection between marriage
and liberty is why loving invalidated interracial marriage bans under the Due Process
Clause. Decisions about marriage are among the most intimate that an individual can make
this is enunciated in the case of Lawrence vs. Texas. This is true for all persons, whatever
their sexual orientation. Another principle in this Court’s jurisprudence is that the right to
marry is fundamental because it supports a two-person union unlike any other in its
importance to the committed individuals. The intimate association protected by this right
was central to Griswold v. Connecticut, which held the Constitution protects the right of
married couples to use contraception, and was acknowledged in Turner v. Safley. Same-sex

19 Villegas, S. B. (2015, August 28). A pastoral response to the acceptance of homosexual lifestyle and the
legalization of homosexual unions. Retrieved September 9, 2018, from http://www.cbcpnes.com/
cbcpnews/?p=62674
20 Luczon, C. A. P., & Francisco, J. S. (2015). Commentary: Sustained advocacy produces success in the
Philippines. Global Public Health, 10, 271-272
21 SECRETARY OF JUSTICEvs. LANTION, G.R. No. 139465 January 18, 2000
 P a g e | 10

couples have the same right as opposite-sex couples to enjoy intimate association, a right
extending beyond mere freedom from laws making same-sex intimacy a criminal offense.22

Discrimination and harassment

Students who are or who are perceived to be lesbian, gay, bisexual, or transgender
(LGBT) often experience harassment, bullying, and discrimination in school. Despite the
mission of the educational system to provide each and every child a safe and encouraging
learning environment, the issues facing LGBT students often remain unnoticed or are
actively ignored. Sexual minority youth often come out in high school, and researchers have
found that the average age that adolescents self-identify as gay or lesbian is 16 years.23
Students are often targeted for discrimination and harassment in school because they
are presumed to be lesbian, gay, bisexual, or transgender. Verbal harassment can escalate
into physical intimidation, pushing, hitting, and shoving. A study found that lesbian, gay,
and bisexual (LGBT) students were four times as likely to have been threatened with a
weapon at school compared to their heterosexual peers. Discrimination of LGBT students
often involves harassment and bullying.24
Homophobic language as well as verbal and physical harassment creates a hostile
school climate that LGBT students perceive as unsafe. In a recent study, LGBT students
were asked how bothered they were from hearing terms based on sexual orientation used
in a derogatory way, and 40% of youth stated they were extremely distressed.25
In addition to being distressing for youth, verbal harassment and physical violence
create an environment where students feel unsafe. Harassment can affect students
academically as some LGBT youth have difficulty concentrating in class and focusing on
schoolwork, and students may emotionally or physically distance themselves from school.
26

22 Obergefell vs. Hodges No. 14–556. Argued April 28, 2015—Decided June 26, 2015*
23 Hillier, L., Warr, D., & Haste, B. (1996). The rural mural: Sexuality and diversity in rural youth. National

Center in HIV Social Research, La Trobe University, Melbourne.

24 Hall, W. J. (2007). Harassment, bullying, and discrimination of lesbian, gay, bisexual, and transgender

students: Legal issues for North Carolina schools. Chapel Hill, NC: Safe Schools NC.
25 Kosciw, J. G. (2004). The 2003 National School Climate Survey: The school-related experiences of our

nationís gay, lesbian, bisexual and transgender youth. New York: GLSEN.
26 Hunter, J., & Schaecher, R. (1987). Stressors on lesbian and gay adolescents in schools. Social Work in

Education, 9, 180-190
 P a g e | 11

Discrimination and harassment often leads to youth feeling rejected, isolated, and
hopeless, which can negatively affect students beyond their education. Harassment by
peers is one of the main propelling factors of suicidal behavior for some LGBT youth. 27

Rejection by peers and teachers can manifest into self-destructive behavior.28 Studies have
found that LGBT youth are two to seven times more likely to have attempted suicide
compared to their heterosexual peers.29 It is prominent today that student who identify
themselves as member of the LGBT are at high risk of the above mentioned treatment,
those treatment and the result of such treatment is quite alarming.
Lesbian, gay, bisexual, and transgender students have a federal constitutional right to
equal protection under the law due to the Equal Protection Clause of the Fourteenth
Amendment. Public schools have an obligation to protect LGBT students from harassment
on an equal basis with all other students; thus, schools cannot pick and choose which
students will be protected from harassment. If schools do not take action against
harassment of LGBT students because a school official believes that the student brought the
harassment upon him or herself simply by being openly LGBT, or because the school was
uneducated about LGBT issues and was uncomfortable addressing the situation, then the
school has failed to provide equal protection to the students. The Equal Protection Clause
has been used successfully against school districts and school personnel that failed to
protect LGBT students from harassment. 30
Many foreign cases prove that the discrimination and harassment of the LGBT
community are prominent. In Doe v. Yunits (2000), a transgender student’s attire at school
became an issue of freedom of expression under the First Amendment. Pat Doe was born
male but had a female gender identity. Doe was psychologist asserted that it was medically
and clinically necessary for her to wear girl’s clothing to school. When Doe wore girl’s
clothing and accessories to school, administrators often sent her home to change.

27 van Wormer, K., Wells, J., & Boes, M. (2000). Social Work with Lesbians, Gays and Bisexuals: A Strength
Perspective. Boston: Allyn and Bacon.
28 van Wormer, K., & McKinney, R. (2003). What schools can do to help gay/lesbian/bisexual youth: A harm

reduction approach. Adolescence, 38, 409-420.

29 Faulkner, A. H., & Cranston, K. (1998). Correlates of same-sex sexual behavior in a random sample of

Massachusetts high school students. American Journal of Public Health, 88, 262-266
30 Flores vs. Morgan Hill Unified School District United States Court of Appeals, Ninth Circuit. Argued and

Submitted December 11, 2002.Filed April 8, 2003.

 P a g e | 12

Sometimes Doe does not return to school after being sent home, and she eventually
accumulated enough absences to require that she repeat a grade. Doe stopped attending
school and said that administrators created a hostile environment for her at school. The
school district claimed that Doe’s clothing created a disruption at school. When Doe tried to
enroll to repeat eighth grade, she was told that she could not come to school wearing girl’s
clothing. Finally, Doe filed a suit against the school district. Doe’s desire to wear girl’s
clothing was an expression of her desire to be identified as a female. The court found that
prohibiting Doe from wearing girl’s clothing, which was important to her well-being,
suppressed her freedom of expression and constituted sex discrimination.31
In another case, Anthony Colin at tenth grade, wanted to start a Gay-Straight Alliance
Club (GSAC) at his school. The school had dozens of extracurricular student clubs, but when
Colin submitted the necessary paperwork to start the GSAC, the application was treated
atypically and subjected to discriminatory procedures. The principal sent the application to
the school board and told Colin the proposed name was inappropriate. The principal
suggested that Colin remove the words “gay” and “straight “ a member of the school board
said that the Bible says that we are all sinners, but this, in my opinion is asking us to
legitimize a sinners. The board held a public forum allowing community members to
express their views about the GSAC. Colin and other members were subjected to
derogatory remarks about gays and lesbians. Subsequently, the board voted to deny the
GSAC permission to meet, and told the students that they would need to change the club
name and promise not to discuss issues related to sexual orientation and homophobia. As a
result, Colin and another GSAC member filed a suit against the school district and school
officials for violating the student’s rights under the Equal Access Act (1984). A judge
ordered the school district to allow the GSAC to meet. Consequently, the school board
settled the lawsuit and gave the GSAC equal access and treatment with other
extracurricular groups, the group retained their name, and discussed issues related to
sexual orientation.32
In recent years, lawmakers and school administrators in the Philippines have
recognized that bullying of LGBT youth is a serious problem, and designed interventions to

31 Doe v. Yunits et al, Superior Court of Massachusetts, United States (11 October 2000)
32 Colin Ex Rel. Colin v. Orange Unified School Dist., 83 F. Supp. 2d 1135 (C.D. Cal. 2000)
 P a g e | 13

address it. In 2012, the Department of Education (DepEd), which oversees primary and
secondary schools, enacted a Child Protection Policy designed to address bullying and
discrimination in schools, including on the basis of sexual orientation and gender identity.
The following year, Congress passed the Anti-Bullying Law of 2013, with implementing
rules and regulations that enumerate sexual orientation and gender identity as prohibited
grounds for bullying and harassment. The adoption of these policies sends a strong signal
that bullying and discrimination are unacceptable and should not be tolerated in
educational institutions. But these policies, while strong on paper, have not been
adequately enforced.
In the absence of effective implementation and monitoring, many LGBT youth
continue to experience bullying and harassment in school. The adverse treatment they
experience from peers and teachers is compounded by discriminatory policies that
stigmatize and disadvantage LGBT students and by the lack of information and resources
about LGBT issues available in schools.33

IV. Presentation, Analysis and Interpretation

Same Sex Marriage

In a Study Conducted by Polytechnic University of the Philippines identified the
relationship of religious practices of college students from sectarian and non-sectarian
sectors, and their attitude towards same-sex marriage. The issue of same-sex marriage is
considered as one of the sensitive concerns in the Philippines since it is a Catholic-
influenced country. The respondents in this study were 781 college students from the
Adamson University (AdU) and Polytechnic University of the Philippines PUP), selected
through stratified sampling method,

33https://www.hrw.org/report/2017/06/21/just-let-us-be/discrimination-against-lgbt-students-
philippines
 P a g e | 14

Table 1
Attitude on same sex marriage
Sectarian Interpretation Non-Sectarian Interpretation
1. Same Sex Negative
Marriage is a sin 7.94 Extremely 1.60
negative
2. Same sex
marriage is not 7. 78 Extremely 5.61 Negative
an important negative
political issue
3. Same sex
marriage is 8.14 Extremely 6.02 Negative
immoral negative
4. Same sex
marriage 6.87 Extremely 6.14 Negative
unnatural negative

As shown above, a Significant number of respondents negatively answered on their

respective prospective about same-sex marriage. It clearly shows that several students of
Adamson University and Polytechnic University of the Philippines have a negative idea
same-sex marriage which according to the research is hugely affected by their faith.

Discrimination and Harassment

In a survey by entitle “The Rainbow Project Philippines” a project of five De La Salle
University, Manila students The group conducted a survey online on LGBTs in the
Philippines. Approximately, 63 people responded with corresponding answers. Among the
respondents were blockmates, friends, family, etc. Their identities were kept anonymous
for privacy reasons.
 P a g e | 15

Q: Rate 1-5 the intensity of discrimination against LGBTs in the Philippines. (1-very mild, 5-
very intense)
70

60

50

40 Very Intense
Mild
30 Moderate
intense
20

10

0
TABLE 2

Results and Interpretation:

The respondents were asked to rate the intensity of discrimination in the
Philippines against LGBTs. Only 1.5 percent of the respondents gave a rating of 1 (very
intense). Meanwhile, 11.11 percent gave a rating of 2, which is described as mild. Moreover,
the majority of the respondents, which is 57.14 percent, gave a rating of 3 (moderate). Yet
there were 24. 39 percent who gave a rating of 4 (intense) and also 4.7 percent who gave a
rating of 5 (very intense).
Based on the results, the majority of the respondents think that there is a moderate
intensity of discrimination in the Philippines. It was noted that 8.3 percent of those who
gave such rating said that discrimination used against LGBTs in the Philippines unlike in
other countries. The least percentage think that the issue of discrimination in the
Philippines has a very mild intensity while there is a quite large number of people who
think that the discrimination of LGBT in the Philippines has an intense impact in the
society.
 P a g e | 16

Q: What forms of discrimination against LGBT are you aware of?

90
80
70
60
50 Discrimination
40 Outcasting
30 Physical Abuse
20
10
0
Table 3

Results and discussion:

There are varied answers in this question: 79.36 percent answered Discrimination,
15.87 percent answered social outlasting, 11.11 percent answered physical abuse. The
result showed Discrimination as one of the most occurring in the Philippines According to
ProGay Philippines (2014), there is an increasing number of a suicide in the Filipino youth
who are homosexuals due to discrimination.
Q: Do you think the government’s laws and policies support the rights of LGBTs?

TABLE 4
60

40 No support on LGBT's
Right
20 Government has laws
and policies for LGBT
0
Category 1

Results and Discussion

57.14 Percent said that the government’s laws and policies do not support the rights of
LGBT while 42.85 percent answered that the government’s laws and policies already
 P a g e | 17

support the rights of LGBTs. There is a very thin line between the two perceptions on the
existing laws and policies in the Philippines. Some of the respondents mentioned about the
same-sex marriage, gay adoption and other demands of LGBTs that are not yet granted to
them. Yet some of the respondents also think that the support of the government to the
LGBT is enough as long as they are not being violated or criticized due to their sexual
orientation.

V. Legal instruments, jurisprudence, frameworks

A. Legal Instruments

 The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the
history of human rights. Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, the Declaration was proclaimed by the United
Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution
217 A) as a common standard of achievements for all peoples and all nations. It sets out, for
the first time, fundamental human rights to be universally protected and it has
been translated into over 500 languages.
 DO 40, s. 2012 DepEd Child Protection Policy
In 2012, DepEd enacted a Child Protection Policy, which it describes as a “zero
tolerance policy for any act of child abuse, exploitation, violence, discrimination, bullying
and other forms of abuse.” Among the acts prohibited by the policy are all forms of bullying
and discrimination in schools, including on the basis of sexual orientation and gender
identity
 RA 10627 “Anti-Bullying Law”
Instructs elementary and secondary schools to “adopt policies to address the existence
of bullying in their respective institutions.” At a minimum, these policies are supposed to
prohibit bullying on or near school grounds, bullying and cyber bullying off school grounds
that interferes with a student’s schooling, and retaliation against those who report bullying.
 P a g e | 18

The policies should also identify how bullying will be punished, establish procedures for
reporting and redressing bullying, enable students to report bullying anonymously,
educate students, parents, and guardians about bullying and the school’s policies to
prevent and address it, and make a public record of statistics on bullying in the school. The
Anti-Bullying Law does not specify classes of students at heightened risk for bullying. The
implementing rules and regulations for the law, however, explain that the term “bullying”
includes “gender-based bullying,” which “refers to any act that humiliates or excludes a
person on the basis of perceived or actual sexual orientation and gender identity (SOGI).
 1987 Constitution
Article II section 11 provides that “The State values the dignity of every human person
and guarantees full respect for human rights.”
 Republic Act 9710 otherwise known as Magna Carta of Women (MCW)
Section 3 provides that “All individuals are equal as human beings by virtue of the
inherent dignity of each human person.”

B. Jurisprudence
 Foreign

1. Colin Ex Rel. Colin v. Orange Unified School Dist., 83 F. Supp. 2d 1135

(C.D. Cal. 2000)
2. Doe v. Yunits et al, Superior Court of Massachusetts, United States (11 October
2000)
3. Flores vs. Morgan Hill Unified School District United States Court of Appeals, Ninth
Circuit. Argued and Submitted December 11, 2002.Filed April 8, 2003.
4. Loving v. Virginia, 388 US 1, 87 S. Ct. 1817, 18 L. Ed.
5. Obergefell vs. Hodges No. 14–556. Argued April 28, 2015—Decided June 26, 2015*
6. Skinner v. State of Oklahoma, 316 US 535, 62 S. Ct. 1110, 86 L. Ed. 1655
 P a g e | 19

 Philippines

1. Figueroa vs Barranco SBC Case No. 519 (July 31, 1997)

2. Ladlad Vs. Comelec
3. Philippine Telegraph and Telephone Company v. NLRC, 82 SCAD 747, 272 SCRA 596,
4. SECRETARY OF JUSTICEvs. LANTION, G.R. No. 139465 January 18, 2000

VI. Summary, recommendations and conclusions

A. Summary

A Current social dilemma our world is facing is the issue with regards to treatment of
the Homosexual or more commonly known as LGBT. Currently, some society is slowly
accepting their unique preference and acknowledging their needs not just socially but also
legally. As a result of such acceptance the International Community created a treaty that
protects their basic social right that is venerable of being violated.
However, Philippines have yet to address several issues with regards to the protection
and adherence of the LGBT’s basic human rights. This paper specifically focuses of 2 issues
that LGBT’s are facing namely:

1. The right to marry;

2. Protection and Harassment.

The vulnerability of the LGBT may result deprivation of basic human rights and even
infliction of criminal act upon them. One of the machineries a country posses is the freedom
to establish laws to protect its citizen and to secure every individuals basic human rights
are being protected, with the doctrines and surveys presented, indeed it may be concluded
that the rights of the LGBT community is sometimes brushed off by the government as a
large amount of citizens in the Philippines still posses the stigma of acknowledging the
 P a g e | 20

existence of the LGBT community. However, the basic human rights principle should be
observed that all human beings have the right to be treated with dignity and respect”. Such
dignity and respect are afforded to people through the enjoyment of all human rights and
are protected through the rule of law.

B. Recommendation
In light the laws and doctrines above mentioned the researchers would like to
recommend the following:
The issue regarding same-sex marriage in Table 1 shows that several Adamson
University and Polytechnic University of the Philippines student have a negative idea of
same-sex marriage which according to the research is hugely affected by their faith. While
it may be inferred that the stigma of same-sex marriage is apparent we cannot deny the
wisdom of the court in the case of Obergefell vs. Hodges. ART III of the 1987 Constitution
ART III provides that
Section 1. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.

To further strengthen the doctrine of State Responsibility entails that the

responsibility of the States have a legal obligation both to make sure that their own laws
and policies do not discriminate against people based on sexual orientation and gender
identity, and that the legal framework offers adequate protection against such
discrimination practiced by individuals. This obligation transcends culture, tradition and
religion. All States, regardless of their history or regional specificities, must guarantee the
rights of all people. Governments that refuse to protect the human rights of LGBT people
are in violation of international law. Therefore, the congress must look at the possibility of
allowing Same Sex Marriage.
As seen in Table 2 seeks to answer the Question the intensity of discrimination
against LGBTs in the Philippines which Based on the results; the majority of the
respondents think that there is a moderate intensity of discrimination in the Philippines. It
was noted that 8.3 percent of those who gave such rating said discrimination used against
LGBTs in the Philippines unlike in other countries. The least percentage thinks that the
 P a g e | 21

issue of discrimination in the Philippines has a very mild intensity while there are quite
large numbers of people who think that the discrimination of LGBT in the Philippines has
an intense impact in the society.
The survey resulted moderate intensity. However, it should still be addressed as
there is still a reasonable percentage that conveyed that discrimination against the LGBT is
prevalent in the Philippines. To aid this issue law protecting the rights of the LGBT against
discrimination, laws regarding to safeguard the rights and to avoid discrimination should
be strengthened and a higher degree of penalty should be imposed to those individuals or
associations who guilty of such act.
To further support the first question presented in Table 2, Table 3 seeks to answer
what forms of discrimination against LGBT are the respondents are aware of, the result
showed that 79.36 percent answered Discrimination, 15.87 percent answered social
outlasting, 11.11 percent answered physical abuse. This high percentage in the area of
discrimination is quite alarming, as held in several studies that result of feeling unaccepted
may result to sudden attempt to commit suicide as discrimination may lead to depression.
The researchers think that Congress must look in this area as the result of this abuses are
quite alarming, the doctrine of Parens patriae should be adhere in this matter, Laws should
be establish to guard and protect it citizen no matter what their gender or preference are.
Lastly, Table seeks to answer whether or not government’s laws and policies support the
rights of LGBTs 57.14 Percent said that the government’s laws and policies do not support
the rights of LGBT while 42.85 percent answered that the government’s laws and policies
already support the rights of LGBTs. As shown in the survey a greater number of
respondents think that the laws regarding safeguarding the rights of the LGBT are not
apparent. Congress must look into this matter as the high risk of criminal offense are
inflicted upon members of the community such as the case of Jennifer Laude 26-year-old
Filipina trans woman was killed by 19-year-old Private First Class Joseph Scott Pemberton,
who had been unaware that Laude was transgender and the recent condemnation of same
sex union categorizing the parties of the union as “anak ni satanas”.
 P a g e | 22

C. Conclusions

The degree and kind of a man's sexuality reach up into the ultimate pinnacle of his spirit.
~Friedrich Nietzsche

The emergence of a new generation has flourished where LGBT is acknowledge,

Where prominent figures are apparent in media and other mediums to convey their
concerns and seek their right to be protected by the state. While the acknowledgement and
acceptance is notable, our laws and jurisprudence or even a sector of society in the
Philippines are indecisive in granting certain rights to the LGBT. One of the rights that the
Philippines is still hesitant to grant is the right to same-sex marriage. While marriage
basically is coupled with the individual’s right to choose his partner, this inherent right is
restrained by our current laws.
As shown in the data presented above, a huge number of citizens do not want to
accept the concept of same sex-marriage. However, the pronouncement in the case of
Obergefell vs. Hodges should be noticed, the case discusses the effect of not allowing same-
sex couples to enter into marriage entails a deprivation of due process and Equal
protection law. Furthermore, the lack of safeguards in the union of same-sex would create
an issue with regard the property relations and the rights of the children brought upon by
the union. While some citizens are still hesitant with the premise, we cannot deny that the
existence of same sex union is prominent in today’s society. As Held in the case of Biraogo
vs. Philippine truth commission says that though the law itself be fair on its face and
impartial in appearance, yet, if applied and administered by public authority with an evil
eye and an unequal hand, so as practically to make unjust and illegal discriminations
between persons in similar circumstances, material to their rights, the denial of equal
justice is still within the prohibition of the constitution. Perhaps, Congress is hesitant in
granting the right to the LGBT because of the fear of condemnation of society. However the
government must use its firm hand to protect its constituent’s right.
Another issue this paper seeks to address is the issue on discrimination and
harassment of the third gender. The result of the survey coupled with the doctrines
presented above proved that discrimination and other violence are inflicted upon the LGBT
 P a g e | 23

community. Moreover what is quite alarming is that 57.14% said that the government lacks
the participation in insuring the right of the LGBT is protected. With the data presented,
Congress should aid to put more force in the protection of the rights of the LGBT as the
result of the discrimination can lead to emotional, physical and even psychological abuse to
the person which could lead to suicide.
From the words of Friedrich Nietzsche, Society should accept the emergence of the
LGBT and coupled with this acceptance is granting them certain rights and providing with
laws that safeguards their security. Perhaps, our generation would witness another golden
age of change and empowerment, one of which were certain rights were granted to women.
Barack Obama once said when all Americans are treated as equal, no matter who
they are or whom they love, we are all free. From the words of Mr. Obama it may be
inferred that when everybody accepts that every person is different and such acceptance is
coupled with respect and understanding it may result to the immortalization of the word
“free”.