Sources:

Canon Law Provisions

 The Theology of Gender – 14. Canon Law & Civil Law | PEMPTOUSIA
 Code of Canon Law: Table of Contents (vatican.va)
 ERIC - EJ1238370 - Possibilities Trans-Affirming Policy Potential: A Case Study of a
Canadian Catholic School, Journal of Catholic Education, 2019-Dec
Rule of Saint. Benedict provisions
 Gender Issues in the Benedictine Rule (trinity.edu)
 rule_of_st_benedict.pdf (solesmes.com)
Sectarian system of laws should be distinguished from civil laws.
Sectarian laws should not apply in governing the relationships between men.
In order for San Beda to govern the proper conduct with regards to gender, they should use a
legal way through contracts between the institution and the student such as “school policies and
student handbook.” This serves as a contract between the institution and the students “freedom to
stipulate” under the constitution, and only upon the student’s acceptance then they can admit the
student, in this way the institution can create a way to regulate students entering the institution. 

TO: 
FROM: 
RE: Loman’s Fashions – Breach of contract claim (advertising circ
DATE: April 26, 2002

QUESTION PRESENTED
A group of transgender people want to apply as students in the College of Law of a Benedictine
School. Considering their gender identities, these following questions are presented:
1. What courses of action and measures must be taken by the said educational institution?
2. Can the school refuse to accept their gender identities?
3. What are the possible legal risks that may be imposed upon the administrators if they refuse
to accept them on the basis of their gender identities?
ANSWER
FACTS

DISCUSSION
I. Sectarian Laws
a. Canon Law
The Canon Law serves as the law of the Catholic Church, a compilation of
the Catholic way of life since the medieval period. The law serves as a guiding
principle in the various aspects of life of the Christian faithful. 1 The Canon law
categories a person into two, and that is man and woman that resembles Adam
and Eve, and each gender designation has corresponding duties to God and to
each other. 2 Men and women are considered as “distinct” and “different.” In
interpreting the Canon Law with regards to gender, it only speaks about two
genders. It does not have a gray area where we can identify various gender
identities such as transgenders.

II. Rule of St. Benedict

The Rule of St. Benedict serves as a guiding principle for Christian
Monasteries since 540 CE. Like the Canon Law, the Rule of St. Benedict also
distinguishes a person, between man and a woman who also has corresponding
gender roles inside the monasteries. 3The difference between the Canon Law and
the Rule of St. Benedict is that the former provides for the general roles of a
Christian faithful, while the latter particularly provides the conduct of the men
and women in the monasteries. Unlike the Canon Law, the Rule of St. Benedict
specifies the gender roles of men and women involved in monastic community. In
general, men inside the monasteries are assigned to roles that are common to a
“man” in a society such as physical labor, any actions involving physical strength,
and to show hospitality to every visitor.4 On the other hand, women inside the
monasteries have limited roles as they are expected to act in a modest way, and to
support the monastic community. Aside from these assigned gender roles, under
the Rule of St. Benedict, there is a clear distinction between men and women with
regards on what clothing should wear inside the monasteries because of their
biological differences. Unlike men, women have limited options of clothing as
they are expected to wear clothes that are not revealing. Like the Canon law, the
Rule of St. Benedict does not provide for a gray area to other gender identities
such as transgenders. Its rules revolve around the two common gender which is a
man and a woman.
I. Gender Sensitivity in the Catholic Community.

1
Code of Canon Law - Book II - The People of God - Part I. (Cann. 208-329) (vatican.va) (visited April 21, 2023)
2
The Oxford Handbook of Women and Gender in Medieval Europe - Google Books (visited April 21, 2023)
3
rule_of_st_benedict.pdf (solesmes.com) (visited April 21, 2023)
4
Gender Issues in the Benedictine Rule (trinity.edu) (visited April 21, 2023)
 Although the Catholic Church is quiet with regards to other gender
identities as it limited its rules only to men and women, this designation of gender
roles promotes exclusivity against all other gender identities. The inequalities
between men and women under the sectarian laws is only one aspect of inequality
if we think about it. If we take a “literal interpretation” of the sectarian rules with
regards to gender, other gender identities are neglected making an impression that
the Catholic Church only recognized cisgender. 5 Inclusivity particularly when it
comes to gender is a crucial issue in the Catholic Church as its doctrines are
strictly aligned to a patriarchal hierarchy where males are given more recognition
and roles than female, and this kind of recognition neglected not only females in
the community but also other gender identities such as transgenders. However, the
Catholic Church today is starting its course for a more inclusive community as
Pope Francis formally allow for more roles for women through the decree of
Spiritus Domini where women are now allowed to serve during the celebration of
the Eucharist. 6 Aside from these, in the show “The Pope: Answers”, were the
pope answer questions from the youth, he stated that the Catholic Church should
start to be more progressive when it comes into welcoming people regardless of
their sexual orientations, gender identities, and sex characteristics and he even
called those Church people who builds a wall against these people as “infiltrators
of the Church” for this is not the teachings of Jesus Christ. 7 Furthermore,
according to Pope Francis, we must not interpret God’s words in a literal sense for
if we interpret it in such way, we create a personal narrowness of the Catholic
ideology. 8

II. Sectarian Laws in Civil Society

We must designate distinction when to use civil law and when to use sectarian
laws. Civil laws are created to govern the relationship between members of a society.
Sectarian laws are only there to guide an individual in his spiritual way of life and not
to use them to correct others based on what he or she perceives as right and wrong. If
we will not create a distinction on how and when to use these two, anarchy can foster
in a civil society.9 Civil laws are public in nature while sectarian laws are personal,
we cannot use personal ideologies to govern the conducts of others. One must still
conform with what the laws of men provides in order to govern others. 10
III. Constitutional Rights

5
Language for a "Catholic" Church: A Program of Study - Thomas H. Groome - Google Books (visited April 21,
2023)
6
Pope Formally Expands Women's Roles in Catholic Church (voanews.com) (visited April 21, 2023)
7
In Hulu’s ‘The Pope: Answers,’ Pope Francis talks abortion, gender identity, dating apps and more with 10 young
adults | America Magazine (visited April 21, 2023)
8
In Hulu’s ‘The Pope: Answers,’ Pope Francis talks abortion, gender identity, dating apps and more with 10 young
adults | America Magazine (visited April 21, 2023)
9
The Civil Law and the Church - Charles Zebina Lincoln - Google Books (visited April 21, 2023)
10
The Civil Law and the Church - Charles Zebina Lincoln - Google Books (visited April 21, 2023)
 a. Academic Freedom
Section 5. par (2) of Article XIV of the 1987 Philippine Constitution
provides that “Academic freedom shall be enjoyed in all institutions of higher
learning.”11 And as defined by the US Supreme Court Justice Felix Frankfurter’s
in his concurring opinion in Sweezy v. New Hampshire (1957), academic freedom
provides for four essential freedoms of a university and these are “who may teach,
what may be taught, how it shall be taught, and who may be admitted to study.” 12
However, these four essential freedoms are not absolute and should not be used
by universities to oppress and impose their views upon the students. 13 In relation
to the issue on whether or not a Benedictine University should admit
transgenders, academic freedom provides that a university must have a valid
ground as to reject an individual who are enrolling and not based on mere
personal biases as to impose upon them their ideological views. There must be a
clear distinction on when rejection of a student is reasonable and when there is a
rejection based solely upon personal biases. If we are to argue that students with
different gender identities should be rejected then a school must reject as well
students who are different in terms of age, faith, culture etc. If this is the case,
then we should omit other forms of differences in order to be fair. However, this is
not the case as these differences are what makes as human beings.
b. Autonomy of Contracts
The 1987 Philippine Constitution also guarantees the rights of the citizens
to freely enter into a contract. And as provided under Article 1306 of the New
Civil Code, “Article 1306. The contracting parties may establish such stipulations,
clauses, terms and conditions as they may deem convenient, provided they are not
contrary to law, morals, good customs, public order, or public policy.”14 The
reason as to why the autonomy of contracts is included is because this will serve
as a solution between the Benedictine University and the transgender as a form of
compromise to balance the interest of both parties. In an enrollment system, once
the student is admitted, he enters into a contract with the school he enrolled with
which is called a “student agreement.” This means that once an individual enrolls
in a particular school, he agrees to the school policies. In this case, the
Benedictine University has the freedom to creates a contract of adhesion wherein
the individual to be admitted would only adhere as to what policies the university
has. However, based on what have been discussed, the university policies and the
student agreement are not absolute way to reject a student on the basis of their
gender identities. University policies must not be contrary to law, morals, good
customs, public order, or public policy. There must be a reasonable rejection
based on legal grounds and not solely because of personal biases as to impose

11
Constitution, Art. XIV, Sec. 5, par. (2)

12
Sweezy v. New Hampshire (1957)
13
What is academic freedom and why the fuss? – University of the Philippines (up.edu.ph) (visited April 21, 2023).
14
Civil Code, Art. 1306.
 upon one’s views. After all, civil laws are what governs the relationship between
members of society.
IV. Possible Actions and Measures that can be taken by the Educational Institution.
a. Student Agreement must be Inclusive as to avoid Prejudicism

If the Benedictine University really wants to limit the actions of the students
based on gender identities, they can still impose restrictions upon them in an inclusive
manner: One example that the Benedictine University may impose is the restrictions
of clothing by using the justification of Memorandum Order No. 12-2020 of the
Supreme Court with regards to the proper attire in the legal profession. 15 In this way,
the Benedictine University can restrict them to follow proper attire as a form of
“training” for legal profession. Furthermore, this is a more inclusive way of imposing
restriction with regards to clothing as this applies in general as to what a legal
professional should wear. This is only one of the many ways to create an inclusive
university policy for all gender identities. Creating an inclusive university policy will
provide a more reasonable ground in determining when to admit and when to reject a
student. An inclusive university policy will somehow reduce personal biases based on
one’s views because it resembles a policy for all regardless of differences among the
students.
CONCLUSION

15
SC orders strict compliance with proper attire in courts (mb.com.ph) (visited April 21, 2023).