Republic of the Philippines

Commission on HIgher Education Region V

OAS COMMUNITY COLLEGE
Calzada, Oas, Albay, Province of Bicol

MODULE 1

Subject Code: Elective-I

Description: Gender and Society

I. Module Title: Introduction to gender and society. Context of sex, sexuality and gender
following the Philippine social norm. Familiarization with the different Philippine laws
concerning sex and gender.

II. Description:
Module 1 of Gender and Society aimed to analyze the role of gender in society in
interdisciplinary and intersectional gender studies perspectives. Students develop an
independent ability to discuss, theorize and analyze the role of gender in societal
development. This covers different empirical and theoretical perspectives in gender studies
in relation to how gender, ethnicity, class, religion, ability, and sexuality interplay with
societal institutions and the development of society with a focus on how this interplay
creates and shapes gendered bodies, subjects, identifications gender relations, and power
structures. This will also give us an overview of the gender situations in the Philippines.

III. Learning Objectives:

By the end of this lesson, the student will be able to:

 Discuss the context of sex, sexuality and gender following the Philippine social
norm.
 Familiarize with the Philippine Laws concerning sex and gender.

IV. Pre-Learning Activity:

Watch the video “The Impossible Dream” by the United Nations.
https;//www.youtube.com/watch?v=t2JBPBIFR2Y

Answer the following:

What was depicted by the role of the women and men on the video clip?

V. Lesson Proper:

Defining sex, gender and sexuality

Sex refers to biological characteristics, while gender is socially determined based on

those characteristics.
 KEY TAKEAWAYS

Key Points

A person’s sex, as determined by their biology, does not always correspond with their gender. Therefore,
the terms “sex” and “gender” are not interchangeable.
“Sex” refers to physical or physiological differences between male, female, and intersex bodies, including
both primary sex characteristics (the reproductive system) and secondary sex characteristics (such as
breasts and facial hair).
“Gender” is a term that refers to social or cultural distinctions associated with a given sex; it is generally
considered to be a socially constructed concept.
Gender identity is the extent to which one identifies with their sex assigned at birth. In many Western
cultures, individuals who identify with a role that is different from their biological sex are called
transgender.
“Human sexuality” refers to people’s sexual interest in and attraction to others, as well as their capacity to
have erotic experiences and responses.

KEY TERMS

sex: The distinguishing property, quality, or assemblage of properties by which organisms are classified as
female, male, or intersex on the basis of their reproductive organs and functions.
gender: The sociocultural phenomenon of the division of people into various categories according to their
biological sex, with each having associated roles, clothing, stereotypes, etc.; those with male sex
characteristics are perceived as “boys” and “men,” while those with female sex characteristics are
perceived as “girls” and “women.”
intersex: A variation in sex characteristics including chromosomes, gonads, or genitals that do not allow an
individual to be distinctly identified as male or female.
sexuality: People’s sexual interest in and attraction to others; their capacity to have erotic experiences and
responses.
gonad: The sex organs that produce gametes; specifically, the testicles or ovaries.

When filling out official documents, you are often asked to provide your name, birth date, and sex or
gender. But have you ever been asked to provide your sex and your gender? It may not have occurred to
you that sex and gender are not the same. However, sociologists and most other social scientists view sex
and gender as conceptually distinct. Sex denotes biological characteristics and exists along a spectrum from
male to female. Gender, on the other hand, denotes social and cultural characteristics that are assigned to
different sexes. Sex and gender are not always synchronous, meaning they do not always line up in an easy-
to-categorize way.

Sex
“Sex” refers to physiological differences found among male, female, and various intersex bodies. Sex
includes both primary sex characteristics (those related to the reproductive system) and secondary sex
characteristics (those that are not directly related to the reproductive system, such as breasts and facial
hair). In humans, the biological sex of a child is determined at birth based on several factors, including
chromosomes, gonads, hormones, internal reproductive anatomy, and genitalia. Biological sex has
traditionally been conceptualized as a binary in Western medicine, typically divided into male and female.
However, anywhere from 1.0 to 1.7% of children are born intersex, having a variation in sex characteristics
(including chromosomes, gonads, or genitals) that do not allow them to be distinctly identified as male or
female. Due to the existence of multiple forms of intersex conditions (which are more prevalent than
researchers once thought), many view sex as existing along a spectrum, rather than simply two mutually
exclusive categories.
Male, female, and the spectrum of sex: In humans, sex is typically divided into male, female, or intersex (i.e.,
having some combination of male and female sex characteristics). The above symbols represent female on
the left and male on the right.

Gender

A person’s sex, as determined by his or her biology, does not always correspond with their gender;
therefore, the terms “sex” and “gender” are not interchangeable. “Gender” is a term that refers to social or
cultural distinctions associated with being male, female, or intersex. Typically, babies born with male sex
characteristics (sex) are assigned as boys (gender); babies born with female sex characteristics (sex) are
assigned as girls (gender). Because our society operates in a binary system when it comes to gender (in
other words, seeing gender as only having two options), many children who are born intersex are forcibly
assigned as either a boy or a girl and even surgically “corrected” to fit a particular gender. Scholars
generally regard gender as a social construct—meaning that it does not exist naturally, but is instead a
concept that is created by cultural and societal norms.
Gender identity is a person’s sense of self as a member of a particular gender. Individuals who identify
with a role that corresponds to the sex assigned to them at birth (for example, they were born with male
sex characteristics, were assigned as a boy, and identify today as a boy or man) are cisgender. Those who
identify with a role that is different from their biological sex (for example, they were born with male sex
characteristics, were assigned as a boy, but identify today as a girl, woman, or some other gender
altogether) are often referred to as transgender. The term “transgender” encompasses a wide range of
possible identities, including gender, gender fluid, genderqueer, two-spirit (for many indigenous people),
androgynous, and many others.

The continuum of sex and gender: Those who identify with a gender that is different from their biological
sex are called transgender.

Cultural Variations of Gender

 Since the term “sex” refers to biological or physical distinctions, characteristics of sex will not vary
significantly between different human societies. For example, persons of the female sex, in general,
regardless of culture, will eventually menstruate and develop breasts that can lactate. Characteristics of
gender, on the other hand, may vary greatly between different societies. For example, in American culture,
it is considered feminine (or a trait of the female gender) to wear a dress or skirt. However, in many Middle
Eastern, Asian, and African cultures, dresses or skirts (often referred to as sarongs, robes, or gowns) can be
considered masculine. Similarly, the kilt worn by a Scottish male does not make him appear feminine in his
culture.

Sexuality

“Human sexuality” refers to people’s sexual interest in and attraction to others, as well as their capacity
to have erotic experiences and responses. People’s sexual orientation is their emotional and sexual
attraction to particular sexes or genders, which often shapes their sexuality. Sexuality may be experienced
and expressed in a variety of ways, including thoughts, fantasies, desires, beliefs, attitudes, values,
behaviors, practices, roles, and relationships. These may manifest themselves in biological, physical,
emotional, social, or spiritual aspects. The biological and physical aspects of sexuality largely concern the
human reproductive functions, including the human sexual-response cycle and the basic biological drive
that exists in all species. Emotional aspects of sexuality include bonds between individuals that are
expressed through profound feelings or physical manifestations of love, trust, and care. Social aspects deal
with the effects of human society on one’s sexuality, while spirituality concerns an individual’s spiritual
connection with others through sexuality. Sexuality also impacts and is impacted by cultural, political, legal,
philosophical, moral, ethical, and religious aspects of life.

The Standard Model of the Terms

The terms “sex” and “gender” have not always been differentiated in the English language, and it was
not until the 1950s that they formally began to be distinguished. In an effort to clarify usage of the terms
“sex” and “gender,” U.S. Supreme Court Justice Antonin Scalia wrote in a 1994 briefing, “The word ‘gender’
has acquired the new and useful connotation of cultural or attitudinal characteristics (as opposed to physical
characteristics) distinctive to the sexes. That is to say, gender is to sex as feminine is to female and masculine
is to male” (J.E.B. v. Alabama, 144 S. Ct. 1436 [1994]).

The standard model of the difference between sex and gender says that one’s sex is biologically
determined (meaning that when a child is born, doctors classify the child as a particular sex depending on
anatomy), while one’s gender is socially or culturally determined (meaning that the way in which that child
is raised, socialized, and taught determines whether they take on masculine or feminine traits). The
standard model has been criticized for saying that humans are sexually dimorphic: this means each and
every human being is either male or female, thus leaving out those who are born intersex. The standard
model explains that gender is categorized into two separate, opposing sides, being either masculine or
feminine, again completely excluding those who are intersex, transgender, androgynous, and so on. Modern
scholars such as Anne Fausto-Sterling and Bonnie Spanier criticize the standard binaries of sex and gender,
arguing that sex and gender are both fluid concepts that exist along a spectrum, rather than as binaries.

ASSESSMENT:
Instructions: Please read the following statements and indicate whether you think each is a myth or a fact
by circling the appropriate answer.
1. People can choose their sexual orientation. MYTH FACT
2. People can choose their gender identity. MYTH FACT
3. People can choose their gender expression. MYTH FACT
4. You can usually tell a person’s sexual orientation just by looking at them. MYTH FACT
5. A girl who is really athletic is either a lesbian or transgender. MYTH FACT
6. A person can look like a boy or a man and feel on the inside like they are a girl or a woman. MYTH FACT

Instructions: Watch the video, “Dealing with Difference,” which can be found online at
http://www.hrmvideo.com/catalog/dealing-with-difference-opening-dialogue-about-lesbiangay-
and-straight-issues, until 1:45. Then answer the questions that follow.

1. What happened in this video clip?

2. What things happened to make this an unsafe classroom environment?
3. Why do you think the teacher and other students didn’t say anything to stop the
disrespectful interactions?
4. What should they have done?

Gender Situation in the Philippines

An Overview of the Gender Situation in the Philippines Carlos Antonio Q. Anonuevo Friedrich-Ebert-
Stiftung Philippine Office September 2000 The gender situation in the Philippines is characterized by sharp
contradictions. It graphically showcases samples of women’s advancement in politics, academic and
professional excellence, and even legislation. But this is contrasted by images of prostituted women,
battered wives, economically disadvantaged women and exploited migrant workers. The socio-cultural
traditions are clashing with the MTV and cyberspace generation. The long history of colonialism has
embedded a patriarchal culture among Filipinos. The conception of women as full-time homemakers, as
subordinated to men, violence against them is private, as reserve labor force, and as sexual objects is now
being eroded by modern women asserting themselves in many aspects of life. But on the other hand, some
are either marginalized, discriminated, or even exploited by the harsh realities of global economy and
consumerism. Both the changes and the inertia of traditions are the backdrop of a very active and dynamic
women’s movement. The Philippines is a main player in the international women’s arena and this is
anchored on a very vibrant local women’s movement. Numerous organizations and NGOs exist for the
cause of gender equality and other related women issues. This puts the gender equality issues at the
forefront of national discourse and precludes further downslide of women status in the modern Philippine
society. Indeed, there are many handles for the changes to happen. These legal and policy gains resulted
from the strong voice of women that started even during the anti-dictatorship struggle that culminated
with the ascension of Corazon Aquino as the first woman president of the country.

The 1987 Constitution states two prominent provisions. The first in the Declaration of Principles Article
II Section 14 which asserted that "The State recognizes the role of women in nation-building and shall
ensure the fundamental equality before the law of women and men." Additionally, the Article XIII-Labor:
Section 14 provided that "The state shall protect working women by providing safe and healthful working
conditions taking into account their maternal functions, and such facilities and opportunities that will
enhance their welfare and enable them to realize their full potential in the service of the nation". Following
from constitutional provisions and the subsequent efforts to broaden the its principles, numerous
legislation were enacted that relates to the various aspects of women and gender concerns, The list include:
z Gender and Development Law (5% of government agencies' budget is for gender concerns) z Party-List
Law (women as a particular sector for representation in the legislature through party-list elections) z Anti-
Sexual Harassment Law (defining SH and providing mechanisms) z Anti-Rape Law (elevation of rape as
crime against person) About Us Core Themes Activities Publications Online Materials z Barangay Day Care
Center Law (day care center for every village) z Women in Nation-Building Law (allocation of budget for
women from development funds from foreign governments and multilateral institutions) z Anti Mail-
Order-Bride Law (making the practice unlawful) z Repatriation Law (repatriation of Filipinas who lost
citizenship by marriage in case of need) z Non-Discrimination Law in Labor Code (women protection in
hiring and pay) z Comprehensive Agrarian Reform Law (equal rights for women to be recipients of land) z
Military Training equality (women can enter the military and police schools and providing facilities for
them) While the legal framework is there, the actual situation mirrors the deep gender divide. In the aspect
of women in politics, the notable success of several women is overshadowed by the actual ground level
statistics. The lady Vice-President is up to now a shoo-in in the next presidential elections in 2004. But the
big picture shows that of all the elective positions occupied through the 1998 elections, only 15% are
women. In the two-chamber Congress, the Senate (Upper House) has 17.4% women membership (4 out of
23 seats) which the House of Representatives (Lower House) has 12.4% (27 out of 217 seats). The first
party-list elections in 1998--wherein sectoral groups like women competed to get a maximum of 3 seats
per party in the House of Representatives--resulted in the winning of one (1) seat for a single women's
party. Five (5) other women's party did not make the minimum votes required. At the local government
level, women Provincial Governors constitute 17% while ViceGovernors are at 11.5% level. Among the City
and Town Mayors, 14.5% of them are women while the ranks of the Vice-Mayors are at low of 10.8%. The
labor force statistics show also a mixed picture.

Since there was a notable feminization of the workforce in the past years, July 2000 figures showed that
there are 1.942 million unemployed women while there are 2.631 million unemployed men. However,
more women are taken in for labor flexibility arrangements especially in the big services sector like in
retail trade. This leaves them exposed to employment insecurity and unfair compensation schemes.
Women still accounts for 53% of the unpaid family workers while they constitute only 37.7% of the wage
and salary earners. Though this shows that the regular income possibilities for women are still limited, the
average household annual income of female-headed families is higher. The situation also pushes them to
seek employment overseas. Increasing numbers of domestic helpers and entertainers are also being
deployed both legally and illegally. Within organizations, the gender balance is under overhaul.

Trade union leadership is still male-dominated but women committees and affirmative actions have
changed the complexion of decision-making. The public sector unions have made great inroads as four (4)
of the major federations are under the strong leadership of women. However, the social fabric remains
tainted by arrogance of male power. Police statistics remains indicative of the traditional ways of how
women are seen in the social and family context. In 1998, 6,518 cases of violence against women were
reported with rape accounting for 1,054 cases and physical injuries at a high of 2,633 cases. Last year, the
former was pegged at 13.79% and the latter reached 35.17% of the cases reported. In response to
problems that continue to face the Filipina, numerous civil society groups were organized and pioneering
projects were initiated. The vocal women’s movement was instrumental in the enactment of the laws that
seek to protect women and broaden their role in the society. Sub-sectoral groupings of women guaranteed
the articulation of specific interests and agendas while issue-based networks and coalitions advocated and
lobbied to policy-makers and legislators. The campaign for the sexual harassment and the anti-rape laws
saw the synergy of the different organizational forms within the women’s movement.

Their current engagement deals with the law that deals with domestic violence, abortion and divorce.
Such advocacy work is also complemented with concrete projects at the ground level. Community-based
groups tackle violence against women, rural and urban women establish economic undertakings that help
them increase their income, wives and families of migrant workers establish their own savings and
insurance network, and crisis centers are organized in some parts of the country. Even prostituted women
have found both protection and solidarity within their organizations. These activities have seen successes
and failures but they constitute as challenges to the socio-cultural bondage and blinders that up to this age
of Internet and globalization has victimize the Filipina. The gender situation in the Philippines can be
describe in sum as: 1. The legal framework has provided basic frameworks and processes for women
empowerment and gender fairness but the dynamics of political and social institutions reinforced by the
cultural standpoints continue to provide a push-pull effect on gender equality. 2. Women have made
significant advances in politics. Though there may be several factors that tends to lessen its importance --
like belonging to a political dynasty, the role of women in national and local decision-making can no longer
be ignored and their competence, in some cases, suits up or even exceeds that of male politicians. 3.

The women's voice in the society is very strong due the vibrant women's movement. Recognized for
their work in the international and national levels, the movement has been instrumental in pushing for
many changes in the various facets of the Philippine society. Additionally, the various organizations have
worked on --with pioneering educational approaches and service-specific projects-- the "culture shift" of
both men and women. 4. The statistics on women remain indicative of the deep-rooted and widespread
problems they encounter in their daily lives. The labor market has stereotyped women, disadvantaged
them in jobs and incomes, and even forced them into prostitutions and slave-like work. The social image of
a Filipina is still that of a weak person, poster girl of domestic help, expert in double burden, and a sexual
object. While the mainframe of gender politics is changing, the struggle of women to escape from the
traditional mold everyday life continues.

Political and Legal System

The following description of the legal system in the Philippines is important background context for
anyone wishing to improve transgender people’s access to legal gender recognition and human rights. It
identifies the most influential ways to bring about change in the Philippines and the avenues through which
these could be possible. A. The President: Anti-Discrimination Policy. The President of the Philippines is
elected directly by its populace in a first past the post31 election which means that the most popular, and
therefore elected, candidate may not have more than fifty percent of the votes cast. Since the 1987
Constitution, an elected president has only been allowed to occupy the post for a lone term of 6 years. In
the absence of strong ideologically different political parties, the presidential system has been maintained
despite sporadic political and academic discourses calling for a shift to a parliamentary form of
government. The cap of 6 years is relevant in that it becomes more difficult to predict and sustain any
course a previous government has set in place, as the next administration may not be an ally, nor politically
in sync with the previous one. In some cases, this same pitfall could provide a source of hope for progress.

The lack of progress on LGBT policies in the previous administration32 allows for some optimism in the
new one. At the time of the writing of this material, President-elect former Mayor of Davao City33 Rodrigo
“Digong” Duterte who won with a relatively big margin over his competitors, was in his first 100 days in
office. Many express concern over some of the President’s statements and actions that seem to show his
lack of respect for the universality of human rights and his insensitivity to women and LGBT people.34 A
few times, he has used the term “bayot” derogatively, to describe opponents, critics, or personalities that he
considers to be weak.35 Conversely, his administration as Mayor of Davao City showcased passage of many
gender-sensitive and LGBTfriendly local laws. Also, in August 2016, the President confirmed the
appointment of one of his main supporters, a celebrity, openly transgender man and activist as the newest
Chair of the National Youth Commission (NYC). This transgender man’s wife was also appointed by the
President as the Chair of the Film Development Council of the Philippines.36 While this is a positive step, in
the absence of any form of legal gender recognition, the Chairman’s official appointment documents are
under his name in his birth records, with both title and gender markers based on his assigned sex at birth
(female). In addition, he is unable to legally marry his wife in the Philippines. B. Possible Avenues within
Branches of Government The government is made up of three branches - the Executive represented by the
President, the Legislative made up of its lower house and its upper house (the Senate), and the Judiciary.
The three branches have built-in checks and balances on each other.

The law, enacted or passed by the Legislature, can be vetoed by the President, but can be overridden by
a two thirds majority vote by the Congress. The Supreme Court when 31 The winning candidate is simply
the person who wins the most votes http://aceproject.org/ace-en/topics/es/esd/esd01/esd01a/ default
32 Towards the tail-end of President Noynoy Aquino’s term, a draft Executive Order mandating executive
agencies to adopt a nondiscrimination policy on the basis of SOGI was circulated to offices for comments. It
did not however reach the signing stage before his term ended. 33 Davao City is located in Mindanao,
southern part of the Philippines. 34 (e.g. The repetition of a rape story involving an Australian missionary
in Davao City in which the Mayor expressed regrets over not having been part of the rape incident. While
making such statements is claimed to be part and parcel of his character, President Digong earned the ire of
many including criticisms from foreign governments like Australia and the US, governments he threatened
to cut ties with. 35 Bayot is a Visayan term for ‘bakla’, an effeminate male attracted to other males. 36 (12
August 2016). Duterte appoints Aiza Seguerra as new NYC chairperson. Available at:
http://www.rappler.com/move-ph/142806-aiza-seguerra-chairperson-national-youth-commission
(accessed 1 September 2016) IV. Political and Legal System 19 called upon, has the power to declare
statutes enacted or passed by Congress, or agreements entered into by the President, as unconstitutional.
The Supreme Court Justices are appointed by the President with terms that are dependent on their retiring
age (unless impeached or deceased) and may therefore exceed the term of the appointing President.

All three branches have been approached by LGBT activists in attempts to change laws or polices. For
instance, the Supreme Court in 2015 has been petitioned by a lawyer37 to rule on the constitutionality of
the definition of marriage in the Family Code that is limited to relationships between a “man and
woman”.38 In March 2016, the Office of the Solicitor General (OSG) filed its comment recommending that
the petition be junked on the ground that the lawyer failed to show that he has suffered “an injury in
fact”.39 On the other hand, for almost two decades, both houses of Congress has been lobbied to introduce
a National Anti-Discrimination Bill. With varying degrees of possibility, Gender Recognition Law proposals
could be advanced through bills in Congress, lobbying for an executive order from the President, or through
a pertinent test case via the Supreme Court. Newly elected senator, boxing champion Manny Pacquiao,
angered many with his February 2016 statement that same-sex couples “are worse than animals”.
Conversely, in an historic turn of events, Congresswoman Geraldine Roman, overwhelmingly won in the 1st
district of Bataan, making her the first elected transgender woman in the Philippine Congress.
Congresswoman Geraldine Roman, delivered her first privileged speech on 19 September 2016 and talked
about the need for the passage of the Anti-Discrimination Bill. There appears to be greater support for such
a proposal in this current 17th Congress compared to the past. Congresswoman Roman has also called
attention to how the absence of legal gender recognition impacts on transgender people mostly borne out
of her personal experience. C. System and Sources of Laws The Philippines operates under a civil law
system which means that laws created and crafted by the legislature are deemed more persuasive than
case law (or jurisprudence) that stem from the courts. Statutes: National and Local While the legislative
power is vested in Congress, the Philippines also recognize some customary laws, including those
developed within indigenous cultural communities. Certain statutes40 have formalized the respect for
customs in national laws. 41 An example is the Code of Muslim Personal Laws of the Philippines42 that
applies to Muslims or those who profess the Muslim faith.

It governs laws on family relations and personal statuses. It does not supersede the national criminal
laws (except those pertaining to marriages)43. However, if there is a conflict between Muslim personal
laws and general laws on family matters, the Muslim personal laws will prevail. In addition to the Congress
and the Senate, local provinces, cities, municipalities and barangays can pass ordinances, as long as they are
not in conflict with the constitution or the national laws. 44 Such ordinances 37 Jesus Nicardo Falcis III filed
a Petition for Certiorari and Prohibition on 19 May 2015 38 Merueñ as, M. (26 May 2015) Available at:
http://www.gmanetwork.com/news/story/493286/news/nation/supreme-court-asked-toallow-same-
sex-marriage-in-phl (accessed 1 November 2016) 39 Merueñ as, M.
(29March2016)Availableat:http://www.gmanetwork.com/news/story/560734/news/nation/solgen-
asks-sc-to-junksame-sex-marriage-petition (accessed 15 January 2017) 40 Presidential Decree 1083 or the
Code of Muslim Personal Laws of the Philippines of 1977 states that Muslim personal laws, that apply to all
Muslim people in the Philippines, are deemed part of the law of the land. 41 Republic Act 8371 An Act To
Recognize, Protect And Promote The Rights Of Indigenous Cultural Communities/Indigenous Peoples,
Creating A National Commission On Indigenous Peoples, Establishing Implementing Mechanisms,
Appropriating Funds Therefor, And For Other Purposes. 1997. 42 Presidential Decree No. 1083 A Decree
To Ordain and Promulgate a Code Recognizing the System of Filipino Muslim Laws, Codifying Muslim
Personal Laws, and Providing for Its Administration and for Other Purposes, 1977 43 i.e. Bigamy 44
According to Department of the Interior and Local Government (DILG), as of December 2015, the country
has a total of 81 provinces, 145 cities, 1,489 municipalities, and 42,036 barangays. The provinces have their
own Sangguniang Panlalawigan, or the local council who legislate ordinances that are only applicable to the
province. Inside the provinces, there are cities and municipalities which have their own local councils who
also legislate their respective ordinances, for the former these are called Sangguniang Bayan, while for the
latter, Sangguniang Panlunsod. Inside municipalities and cities are the smallest political units called
barangay with their own ordinances crafting council called Sangguniang Barangay. Similar to ordinances in
the province, those legislated in 20 LEGAL GENDER RECOGNITION IN THE PHILIPPINES: A LEGAL AND
POLICY REVIEW may vary in content or in form and are very dependent on the local councils’ dynamics,
composition, political culture, and priorities.

This legal setting makes an overarching gender recognition law or policy difficult to achieve through
local ordinances. Ordinances are easier to pass, due to their localized nature. However, they can never
provide encompassing gender recognition rights as this would run counter to national laws that govern
name and gender marker change. This is further discussed in Section VI. Jurisprudence The courts in the
Philippines are tasked with interpreting the provisions of the laws crafted by the legislature. When a new
case has similar facts to a previous court decision, the court may be expected to rule in the same manner
based on precedent.45 To be a judicial doctrine, the case must reach the Supreme Court. Rulings of lower
courts do not create precedents that need to be followed by other similar cases. However, such lower court
rulings are valid and binding for the individuals involved in that case (the parties) unless they are
successfully appealed. In the Philippines, there are instances when lower courts in the provinces have
allowed for a change of name and/or gender marker for transgender people, and these have not been
challenged through a third party intervention46 or appealed by anyone else. This means that the ruling of
the court is final and cannot be overturned. International Commitments The Philippines has ratified
various United Nations human rights treaties.47 This notwithstanding, the Philippines has remained
inconsistent in its undertakings with respect to upholding SOGI-related international commitments.

The constitution (Article 2 Section 11, and Article 3 Section 1) states that the Philippines has committed
itself to upholding the dignity, equality and human rights of all persons. Yet, the Permanent Representative
of the Philippines to the UN did not support the June 2011 Joint Statement at the UN Human Rights Council
(UNHRC) that urged States to end violence, criminal sanctions and related human rights violations based
on SOGI. Moreover, in 2016, the Philippine representative also abstained from voting on the UNHRC
proposal to appoint an independent expert on SOGI issues. These incidences are evidence that the rights of
LGBT people are not always proactively supported by the State. the Sanggunian shall only apply to the
municipality, city, or barangay it governs. Department of Interior and Local Government. Available at:
http://www.dilg.gov.ph/PDF_File/factsfigures/dilg-facts-figures-2016421_ef377ebdbf.pdf (accessed 18
June 2016) 45 An adjudged case or decision of a court of justice, considered as furnishing an example or
authority for an identical or similar case afterwards arising or a similar question of law. Black Law’s
Dictionary Online http://thelawdictionary.org/precedent/ 46 For example, the Solicitor General, in its role
as the counsel for the State, could intervene in cases about changes to citizens’ birth records in order to
protect the state’s interest in public documents. 47 These include the International Covenant on Economic,
Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR), the
Convention on the Elimination of all Forms of Racial Discrimination (CERD), the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention Against Torture
(CAT), the United Nations Convention on the Rights of the Child (UNCRC), the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW), and the
Convention on the Rights of Persons with Disabilities (CRPD). V. Overarching Laws, Policies, Court
Decisions, and Institutional Mechanisms 21 V. Overarching Laws, Policies, Court.

ASSESSMENT:

Activity Instructions: Read out the following list and write it’s a girl thing and it’s a boy thing if you
think it’s a girl thing and it’s a boy thing.
 Burping and Farting
 Rescuing
 Dancing
 Teacher
 Cooking
 Pink
 Doctor
 Nurse
 Cars
 A six pack
 Diet drinks
 Scientist
 Blue
 Cleaning
 Lawyer
 Engineer
 Computer programmer
Answer the following questions:
 Why do you think there was so much agreement?
 Where do these ideas come from?
 Is it true that these are just girls or boy’s things?
 Where are these answers coming from?
 How to handle the situation:

 Scenario 1 You are the only female on a construction site. The crew has been working hard and is
ahead of schedule. Supplies for the next project will not be delivered until the following day so the
boss decides he go and pick up the materials that are needed for the crew to continue working for
the rest of the day. He gives specific instructions as to what the crew should have done by the time
he returns to the worksite. As soon as the boss leaves the other workers decide to sit down and
take a break. You know if the crew stops working that when the boss returns the job will not be
done. How do you, the only female, convince the rest of the crew to not take a break and continue
to work?
 Scenario 2 A female worker smoked marijuana during her lunch break because she said it relaxed
her. Other members of the crew knew she had smoked the marijuana. While the boss was giving
the crew safety instructions for the next job which was working on the roof, she caught herself
humming a song to herself and had not paid attention to his instructions. She climbed up on the
roof and didn’t place her feet properly and lost her balance and fell from the roof, injuring herself.
How should the workers who observed her smoking marijuana have handled the situation?
 Scenario 3 You are one of only two males working at an elementary school, the rest of the staff are
female. You try to avoid the teacher’s lounge when you are by yourself because sometimes the
conversation that the females are having can embarrass you. But today you need to use the copy
machine. Sure enough when you enter a group of the younger female teachers are listening to one
teacher’s graphic description of her date last weekend. You are trying to ignore what is being said,
but it is hard with them sitting at the table right next to the copy machine. How can you let them
know that what they are visiting about is making you uncomfortable?
 Scenario 4 You are working on the Alaska Pipe Line as a pipe fitter stationed in Barrow. You love
work and the pay is great. Most crews work three weeks on and two weeks off. The one concern
you have is being female in a male occupation and stationed in a crew of mostly males. There is
very little to do away from the company area so most of your time is spent at the company’s
recreation center and crew quarters. Almost every night at the recreation center there is a group
single guys are talking about what they are planning to do on their two weeks off. I like the fact
that on the job site I am treated like one of the guys, but at times their comments can get pretty
graphic. How can I left the guys know that I appreciate the fact that they respect the work I am
doing but that I don’t need to hear what they are planning to do on their dates when they have
their time off?
REFERENCES:
https;//www.youtube.com/watch?v=t2JBPBIFR2Y http://www.hrmvideo.com/catalog/dealing-with-
difference-opening-dialogue-about-lesbiangay-and-straight-issues,
J.E.B. v. Alabama, 144 S. Ct. 1436 [1994]).
Women’s EDGE Plan, PCW. Available at:
http://pcw.gov.ph/sites/default/files/documents/resources/womens_ edge_plan.pdf (accessed 22 June
2016). World Health Organization. (2013). World Health Organizations External Review of the National
Health Sector Response to HIV and Sexually Transmitted Infections for the Philippines. Available at:
http://iris.wpro. who.int/bitstream/handle/10665.1/11217/9789290617068_eng.pdf (accessed 12
September 2016). WPATH. 2011. Standards of Care for the Health of Transsexual, Transgender, and
Gender Nonconforming People by the WPATH (World Professional Association for Transgender Health
7th version

Prepared by:

ELSIE G. GONZALES
Instructor

Noted:

PROGRAM CHAIRPERSON

Recommending Approval:

DR. MEVILLE A. BARRAMEDA

College Dean

Approved:

FRANKLIN BEL T. ISIP, En. P.

College Administrator
.