REPORTERS

Jasper Refugio Quinjie Martinez

Lesson 5: Laws and Policies on
Violence and Discrimination of
the members of LGBTQ+
EQUAL PROTECTION
EQUAL PROTECTION – REQUIRES THAT ALL
PERSONS OR THINGS SIMILARLY SITUATED
SHOULD BE TREATED ALIKE, BOTH AS TO THE
RIHT CONFERRED AND
RESPONSIBILITIES IMPOSED.

DUE PROCESS
Principle that the Government must
respect all of a person’s legal rights as this
ensures that all laws and legal
proceedings must be fair and equal for all.
THE 1987 CONSTITUTION (EQUAL
PROTECTION and DUE PROCESS CLAUSE)

The 1987 Philippine Constitution states that: “The state values

the dignity of every human person and guarantees full respect
for human rights”. Apart from this, the 1987 constitution
enshrines in its due process and equal protection clauses that:
“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”. Article 3, Sec 1 of 1987 Philippine
Constitution.
VIOLENCE AND DISCRIMINATION

Despite widespread anecdotal evidence of

crimes perpetrated against the LGBTQ+
community in the Philippines, most data on
these cases have not undergone official
verification and collation.
Violence and Discrimination
Against LGBTQ+ Youth in Education

A. Anti-Bullying Act of 201 (Republic Act 10627)Anti-

Bullying Act of 2013 (Republic Act 10627) includes gender-
based bullying as a prohibited and punishable act.
Gender-basedbullying is defined as “any act that
humiliates or excludes a person on the basis of perceived
or actual sexual orientation andgender identity (SOGI)
(Republic Act No. 10627)
B. Child Protection Policy 2012
In cases where the bullying is committed by a
Principal, a teacher, or any other school
personnel the law being violated is Department
of Education Order No. 40 on Child Protection
Policy. This policy includes the protection of
students from any form of
violence regardless of their sexual orientation or
gender identity.
C. Special Protection of Children Against Child
Abuse, Exploitation, And Discrimination Act of 1992
(AntiChild Abuse Act or Republic Act 7610) Parents
of Children who suffer abuse at the hands of
teachers or members of the school’s administration
violates RA 7610 of the Anti-Child Act Abuse. Such
cases can cover instances of physical,
psychological injury, or cruelty on the basis of the
child’s SOGI.
Violence and Discrimination Against
LGBTQ+ Youth in the Workplace
A. The Labor Code of the Philippines (PD 442) The Labor
Code is the National Law covering employment for the
private sector in the Philippines. With the exception of
prohibitions against discrimination of women, it does not
contain any provision that prohibits discrimination on
the basis of gender identity, particularly on the
members of the LGBTQ+.
B. CSC No. 01-0940 – The Civil Service Commission’s
Policy on Anti-Sexual Harassment The Civil Service
Commission Administrative Disciplinary Rules on
Sexual Harassment Cases includes other less grave,
punishable offenses. These include prohibiting
“derogatory and degrading remarks or innuendoes
directed toward the members of one’s sex, or one’s
sexual orientation or used to describe a person”. This
rule applies to all government entities that fall under
the Civil Service Jurisdiction.
In the case of Gualberto v CA, in a custody
dispute between husband and wife, the
supreme Court awarded custody of a four-
year old child to his mother despite the
father’s argument of immorality against his
wife who was allegedly in a lesbian
relationship. The above decisions will surely
have implications to members of the of the
LGBTQ+ community.