REVIEW ON THE EQUALITY OF RIGHTS

OF LESBIANS, GAYS, BISEXUALS

AND TRANSGENDERS

IN BACOLOD CITY

A RESEARCH PAPER PRESENTED

TO THE FACULTY OF THE COLLEGE OF LAW

UNIVERSITY OF ST. LA SALLE

BACOLOD CITY

IN PARTIAL FULFILLMENT

OF THE REQUIREMENTS FOR LEGAL RESEARCH AND THESIS WRITING

FOR THE DEGREE OF JURIS DOCTOR

MARY ANNE CAÑETE

MARIANNE SHEILA ENDRIANO

RE CHARLES TUPAS

OCTOBER 2014

SUBMITTED TO:

ATTY. JOCELLE BATAPA- SIGUE

ACKNOWLEDGEMENT

First and foremost, we would like to show our gratitude to God our Almighty Father for

giving us the strength and wisdom to craft this research paper. Without His guidance, this

research could not have been possible. To Him be the glory of the completion and success of

this.

To our parents, for their unconditional love, that has taught us that a parent’s love knows

no boundaries. We thank you from the bottom of our hearts. We dedicate this to you.

To those who contributed in the completion of this research, especially Dr. Rowena V.

Bañes and Councilor Caesar Distrito, we express our sincere gratitude. Your support and trust

meant so much to us. Sharing your experiences and knowledge made us appreciate more our

chosen topic.

To our peers, thank you for being with us in the experience of making this research. The

patience, time, and effort given have finally paid off. Cheers!

We have been inspired to make this research with the aim of showing that no one is

above or underprivileged in the eyes of the law. All has a just and equal value. We will take this

advocacy with us in our journey to becoming full-fledged lawyers.

FOREWORD

Change is the only permanent thing in this world. As the world changes, our society as

well evolves. In line with this, our society has witnessed movements regarding gender equality

particularly among lesbians, gays, bisexuals, and transgenders. But can we really sense this

equality especially in our laws and human rights?

In the recent years, this particular issue has always been a source of constant debates in

the Congress as expressed by a political group known as Ang Ladlad Party-list, the only political

party which represents the Filipino lesbians, gays, bisexuals, and transgenders on their demand

for equality. Because more often than not, the reality is that society is critically more

discriminatory and prejudiced when it comes to the rights of LGBTs. Heterosexuals enjoy more

rights and opportunities than homosexuals. Anti-discriminatory laws are yet to be passed.

Without sufficient government support through legislation, equal opportunity is still far beyond

the reach of the LGBTs in our society.

While the 1987 Constitution does not exclusively and specifically provide therein, the

Bill of Rights stating that “No person shall be deprived of life, liberty, and property without due

process of law…” speaks of the equal treatment of and equal opportunity for every man and

woman regardless of sexual preference or orientation. That in every person, every right claimed

by one can also be claimed by all.

This review examines the condition of the LGBT community specifically in Bacolod City

in the exercise of their rights, some of which are considered by law as against public policy, and

their protection, if any, as the researchers interview members of the mentioned political

affiliation and compare such to other relevant and related studies on the topic. The objective of

this research is to define equality as provided by law, point out its limitations, and suggest the

need for a more comprehensive solution concerning modernization and the LGBT’s perspective

in their cry for equal rights.

TABLE OF CONTENTS

Title Page i

Acknowledgement ii

Foreword iii

Table of Contents iv

Chapter I: THE PROBLEM AND ITS SETTINGS 1

Background of the study

Chapter II: REVIEW OF RELATED LAWS

Statement of Problem

General Objective

Specific Objective

Significance of the Study

Scope and Limitation of the Study

Chapter III: METHODOLOGY

Research Design

Study Setting

Key-Informants

Inclusion Criterion

Sampling Method

Research Instrument

Data Gathering Procedure

Data Analysis
 Figure 1. Flowchart of the Study

Chapter IV: PRESENTATION AND INTERPRETATION OF RESULTS

Chapter V: CONCLUSION AND RECOMMENDATION

Bibliography

Appendices

Related laws, Rules and Regulation

Survey Questionnaire

Information Drive
 CHAPTER I

THE PROBLEM AND ITS SETTINGS

Equality of the lesbians, gays, bisexuals, and transgender or known as LGBT community

has been a continuing issue over the years and it seems that the government of the Philippines is

reticent for such despite the laws that are being imposed to promote fairness amongst its citizens

regardless of sexual preference and orientation. Numerous studies have been conducted, and

presently, it is evident that the norm still perceives LGBT as a member of the so-called ‘third

sex’, such term coined as highly offensive and discriminatory for it violates equality for Filipinos

as provided by the Section 1 Article 3 of the 1987 Constitution that states: No person shall be

deprive of life, liberty, or property without due process of law, nor shall any person be denied

the equal protection of the laws.

According to the research entitled Voices in the Wilderness: Being an LGBT in the

Catholic School by Rowena V. Bañes, Ma. Gracia E. Engallado, and Ana Lea A. Reyes during

the 51st Psychological Association of the Philippines Annual Convention, it has been said that it

is a challenge in endorsing non-discrimination based on sexual orientation, gender identity and

expression that is aligned with the global initiatives to remove the stigma of mental illness that

has long been associated with diverse sexualities and to promote the well-being of LGBT people.

Moreover, based on the research, discrimination is evident to the LGBT which concludes that

essentially, it needs recognition and proper action since it is apparent that LGBT is growing in

number.

In Bacolod City, an Anti-Discrimination Ordinance has been passed pertaining to

discrimination against any person due to gender, disability, age, health status, sexual orientation,

ethnicity and religion as a prohibited act that entails a penalty of P5,000 and or imprisonment of

not more than one year depending upon the discretion of the court. Em Ang, author of the

ordinance, claimed that the law intends to promote equality among the people of Bacolod and

eliminate all forms of discrimination and promote gender awareness. In addition, Ang said that

stigma and discrimination is still very much prevalent especially to persons with disability,

senior citizens, children, youth, people living with HIV, women, lesbians, gays, bisexuals,
transgender, and people with different spiritual faith, and pointed out that the passage of the

Anti-Discrimination Ordinance carries with it the burden of educating the public on its

provisions so as to achieve its aim of promoting not only tolerance but respect for individuals,

Hence, this research was done for the purpose of reviewing the equality of rights among

the LGBT in Bacolod City considering the efficiency of the ordinance passed and as well as their

treatment in the field of employment, education, and other various sectors. Furthermore, the

study aimed to compare international laws and to assess whether or not the country or

specifically Bacolod City is ready to adapt such laws that may change the conservative views of

the country regarding LGBT rights.

 CHAPTER II

REVIEW OF RELATED LAWS

The Constitution mandates in Article 2 Section 11, “The State values the dignity of every

human person and guarantees full respect for human rights,” and Article 3 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.” Every Filipino is given the right to equal opportunities

in social and economic benefits without prejudice and discrimination. The equal protection

requires that all persons or things similarly situated should be treated alike, both as to rights

conferred and responsibilities imposed. Similar subjects as the LGBT group, in other words,

should not be treated differently, so as not to give undue favor to some and unjustly

discriminated against others. The “equal protection of the laws is a pledge of the protection of

equal laws.” It limits at least the governmental discrimination.

With the demand to further empower the people, a local ordinance has also been created

and pioneered by the local government in the year 2013. The Bacolod City Anti- Discrimination

Ordinance, an ordinance prohibiting and penalizing discrimination in Bacolod City on the basis

of disability age, health status, religion, sexual orientation and gender identity is fully

implemented.

But these are a far cry to laws implemented internationally with regard to equality. Future

reform and application are expected from the new breed of law-makers. With an open eye and an

open arms, concerns of the minute group of society will easily be addressed.
STATEMENT OF THE PROBLEM

In order for a society to fully develop and function, every member should feel a sense of

belongingness and equality. In this study, the issue on whether or not equality is present and

evident among LGBT group is dealt with. The researchers will focus on the awareness of laws

that could be applied by LGBT groups in order to exercise their rights and laws which could be

passed in the future to give them opportunity, laws that can be patterned from international

communities applying such, and acceptance of society.

GENERAL OBJECTIVE

To present the existing status of the lesbian, gay, bisexual and transgender community in

our society in terms of acceptance and equality of rights.

SPECIFIC OBJECTIVE

Researchers aim to achieve the following objectives:

1. To delineate equality as provided by law.

2. To determine the present scenarios and need for more comprehensive solution concerning

equal treatment in different sectors of society.

3. To establish the present laws implemented and to ascertain equality within said sectors.

4. To compare national and international laws with regard to lesbian, gay, bisexual and

transgender rights.

SIGNIFICANCE OF THE STUDY

Gender discrimination amongst the LGBT group is wide-spread and generally a trend of the past.

This in-depth, research-based study would aid and support the outcry of our fellow citizens

towards fair-play and impartiality in Bacolod City.

SCOPE AND LIMITATION OF THE STUDY

The scope of this study includes the definition of equality as reflected in our legislature as

well as identifying the level of awareness of the LGBTs as regards the existing laws protecting

them that have been or are being implemented in Bacolod City, in correlation with the present

international laws of other countries. This would be provided for through interviews from

representatives of different sectors and data gathered from survey questionnaire formulated by

the researchers and distributed to respondents at random.

 CHAPTER III

METHODOLOGY

RESEARCH DESIGN

The research method used to attain the objectives of this study is the

descriptive/qualitative method in order to present a factual and non-bias data.

STUDY SETTING

The research was conducted in Bacolod City through different offices, schools, and

organizational groups.

KEY INFORMANTS

1. Competent behavioural psychologist capable of limiting premise on sexual orientation

of a person.

2. Those who are lesbian, gay, and transgender currently residing in Bacolod.

3. Those who are lesbian, gay, and transgender that are an active member of a non-

governmental organization here in Bacolod.

4. Persons who influence and advocate equality of rights of LGBTs.

INCLUSION CRITERIA

1. Competent behavioural psychologist capable of limiting premise on sexual

orientation of a person.

- must be a professor or a guidance counsellor.

- must possess credibility and laudable achievements

- must have written an article or paper about LGBT.

2. Those who are lesbian, gay and transgender

 - must be of legal age

- must be residing in Bacolod City

- must be working, studying or has a business of his/her own

3. and a person involved in the law-making body

- must be from Bacolod City

- must be a public officer preferably a councillor

-must have proposed or enacted a law that campaigns anti-discrimination or

equality

SAMPLING METHOD

Simple Random Sampling is the method used in the research in order to obtain equal

probability among the LGBT group and reduce biases. Twenty (20) respondents have

satisfactorily met the inclusion criteria.

RESEARCH INSTRUMENT

The research instrument used for this study is the survey questionnaire distributed to

selected members of different LGBT group and by conducting interviews to the proponent of

local anti-discriminatory ordinances passed in the city and as well as a professional from the

field of science regarding the current societal condition of LGBTs insofar as their rights are

concerned.

DATA GATHERING PROCEDURE

Once the researchers have devised the research instrument, they have carefully identified

possible respondents based on the criterion. When it was disseminated, they consumed and spent

numerous hours in data collection in order to ensure that all information are reliable and without

bias. Interviews were conducted either one on one or by group for a minimum of thirty minutes

to more than an hour in order to have a rapport and insider perspective of the present scenario of

the LGBT groups in Bacolod City.

DATA ANALYSIS
Substantial information was collected from the said respondents of the study which the

researchers interpreted and discussed relative to recent studies conducted, and in comparison to

international laws and other related laws applicable with regards equality in the perspective of

lesbians, gays, bisexuals, and transgender in Bacolod City. The researchers interviewed

specialists in the field of Psychology and Law in order to grasp the entire scope of the analysis

for the purpose of a successful result of the said review. Furthermore, such study aims to present

the equality as defined by laws and its efficiency to its people in a territory through the

evaluation of the gathered data from surveys of this research.

Figure 1. Flowchart of the Study

IDENTIFICATION OF RESPONDENTS AND

RESOURCE PERSONS

DOCUMENTATION, INTERVIEW,
DISSEMINATION OF QUESTIONNAIRE

ORGANIZING DATA COLLECTED

ANALYZING OF DATA
 CHAPTER IV

PRESENTATION AND INTERPRETATION OF REPORT

Based on the survey conducted by the researchers, the following information was derived

from the respondents’ responses.

In the question of their perspective as to how they would define gender equality, majority

of the respondents understood gender equality to be the absence of discrimination based on

gender preference and equal opportunity for everyone. Equality for them is a matter of right of

every human being, equal in all opportunities right and privileges. Everyone is equal in all

aspects of benefits either being given privately or by the public or government. The respondents

envision equality that everyone in whatever sex creed religion or political ideology they must be

given equal treatment.

As to the respondents’ experiences with gender discrimination, most of them have

experienced being discriminated at some point in their lives because of their gender preference.

This has affected them in a way it pulled down their self-esteem and filled them with self-doubt

as to their choice. This showed that generally, it cannot be denied that being an LGBT is still a

concept that is frowned upon in society and some even among family.

This led them to feel powerless and helpless. However, most of them also believed that

their experiences should not hinder them to come out and embrace who they truly are. With

strong support from friends and family, most of them were able to overcome the struggles they

had to go through. They turned the negativity into a driving positive force that helped them

surpass an obstacle in life and even made themselves excel in their field of expertise.

Surprisingly, results showed that even with the presence of discrimination, LGBT

members feel well-represented in the society. This is apparent with the personalities promoting

acceptance and equality towards LGBT especially in the field of performing arts. Also, those
members actively involved in the political arena such as the Ang Ladlad Party List, the first party

list created that represents the LGBT community and their welfare.

However, with these bold and drastic developments underway, they are unaware of

existing laws that protect their welfare. Most respondents are uninformed of the Equal Protection

clause of our 1987 Constitution. The law states 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.”

Another law which aims to promote equality specifically among Bacolodnons is the Anti-

Discrimination Ordinance passed last April 2013. Unfortunately, even after a year of its passage

few people are knowledgeable about the said law. It not only aims to promote equality among

LGBT but also of people discriminated because of their race, religion, disability or health

condition. It penalizes those who discriminate such persons by imposing a fine of Five Thousand

Pesos (P5, 000.00). The law has been in circa but no case has ever been related to it.

In line with this, respondents are equally divided with regard to the question of whether

Bacolod City has become more open towards the promotion and acceptance of the rights of the

LGBT Community. Some would attest that the City Government specifically promotes

involvement of the LGBT when it comes to events like the Masskara Festival wherein most

dancers and performers are part of LGBT. This is to showcase their creativity and talent.

Nonetheless, roughly half would state that with regards to laws, employment opportunities and

other sectors are still juvenile with it comes to recognition.

Majority of the respondents believed that the existing laws in our society are not

sufficient in promoting equality based on previous researches that crimes and bullying against

the lesbians, gays, bisexuals, and transgender are still evident in the Philippines.

However, in a positive note, they felt that the Philippines has gradually become more

yielding to the rights of the LGBT community as influenced by the Western culture through

social media that promote total equal rights in every individual regardless of sexual preference.

Conversely, respondents seemingly agree that as of today, the Philippines is not yet

adaptive and still immature in relation to international laws relating to gender equality for the

preservation of the country’s culture and identity. The Philippines’ being a well-known
conservative Catholic Asian nation progress of advancement are gradual and extensive

throughout the years.

Still, internationally, the United Nations for instance is currently in the process of passing

a resolution to abolish anti-gay discriminatory laws and violence based on sexual preference

because presently, a lot of countries criminalize and penalize same-sex relations. The UN is also

advocating gay rights as human rights and pushing pro-gay legislations to encourage open

acceptance of the LGBT community in the majority of nations that still lack such laws for the

protection of the LGBT communities.

 CHAPTER V

CONCLUSIONS AND RECOMMENDATIONS

After a thorough study of the current state of awareness of gender equality among

lesbians, gays, bisexuals, and transgenders in Bacolod City, as well as in relation to present

international laws, the researchers were able to come up with conclusions and recommendations.

First, awareness of the concept of gender equality is apparent, however, supporting

legislations are insufficient to promote the rights of the LGBT community. The respondents are

aware of what gender equality is and how it is supposed to affect their lives in society, however,

they believe that there are not enough laws advocating for equal opportunity. Gay rights are still

not considered to be human rights.

Ostensibly, discrimination is present up to this day when it comes to employment, school

and other sectors. Employees are indirectly dismissed from work because of superiors thinking

that LGBT members defy rules and commit misconducts due to their deviation from the normal

sexual orientation. Opportunities in school events and even scholarships are passed on to other

students, because he/she is a member of the LGBT. These are only a few of the scenarios

experienced by this minor group of the society. Such ideation is clearly a violation of one’s

human rights.

Moreover, the researchers have come to know that the Philippines is coming to terms

with the rising presence of the LGBT community, albeit slowly. Bacolod City, for one, and a few

more cities like Davao City and Quezon City are coming up with ordinances regarding Anti-

Discrimination.

In contrast, however, some nations have already adapted pro-gay legislations and are

generally more tolerant of the rights of the LGBT. The United Nations has already passed a

resolution recently pushing for gender equality and abolishment of discrimination. Western
countries are becoming bolder in enacting laws towards the betterment of the homosexual

welfare. The Church, with the lead of the Pope himself, has recently consulted the other

Cardinals in its latest xenon regarding the acceptance of LGBT community in the Catholic

Church.

In sum, the researchers recommend proper and more effective ways of disseminating

information of laws enacted concerning equality and anti-discrimination. One method is by

distribution of brochure or leaflets to campaign gender equality in schools, work place and even

in public places. Another information drive can also be done using social media networks such as

Facebook, Twitter and Instagram; the millennial generation are more inclined in being involved

in social networking sites compared to actual materials or books.

The researchers also recommend future law students and future lawyers to: First, to

conduct further studies and make a review in order to monitor changes in the status of our

fellowmen. Second, to be more open and empathetic towards people who belong to the LGBT

group. They are but humans as well. And lastly, to be able to formulate laws that would

strengthen and support their concerns and welfare, may it be equality in employment

opportunity, scholarship for school, or even opportunity to occupy the highest office in the

country. Time will come that whatever one’s gender preference, may it be man, woman, lesbian,

gay, bisexual or transgender, will no longer be an issue. Whatever you are tagged to be or what

your sexual orientation is, the fact is that you are a Filipino, and we are all equal and are

protected by law, and that is something worth to be proud of.

 BIBLIOGRAPHY

 Santos-Ong, M. (2012). Philippine Legal Research. New York: Hauser Global Law

School Program, New York University School of Law, 2012.

 Wikipedia. (2014, October 27). Gender Inequality. Retrieved October 28, 2014 from

en.wikipedia.org/wiki/Gender_inequality

 Azue, R. (2013, April 25). Anti-Discrimination Passed. Retrieved October 28, 2014 from

http://www.watchmendaily.com/news/anti-discrimination-ordinance-passed/

 Mill, J. (1970). Essays on Sex Equality. University of Chicago Press (IL), 1970.

 Robinson, G. (2012). God Believes in Love: Straight Talk About Gay Marriage. Knopf,

first published January 1st, 2012.

 Ridgeway, C. (2011). Framed by Gender: How Gender Inequality Persists in the Modern

World. Oxford University Press, 2011.

 Beeghley, L. (1999). Angels of Vision: How to Understand Social Problems. Westview

Press, 1999.
 Muhlau, P. (2011). Gender Inequality and Job Quality in Europe. Management Revue,

2011.

 Gamer, B. (2013). Legal Writing in Plain English, Second Edition: A Text with

Exercises. Chicago Guides to Writing, Editing, and Publishing, 2013.

 UN Human Rights Council. (2012). Council panel on ending violence and discrimination

against individuals based on their sexual orientation and gender identity from

http://www.ohchr.org/Documents/Issues/Discrimination/LGBT/SummaryHRC19Panel.p

df
 APPENDICES

I. Article II of the 1987 Philippine Constitution

ARTICLE II

DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in

the people and all government authority emanates from them.

Section 2. The Philippines renounces war as an instrument of national policy, 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.

Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces

of the Philippines is the protector of the people and the State. Its goal is to secure the

sovereignty of the State and the integrity of the national territory.

Section 4. The prime duty of the Government is to serve and protect the people. The

Government may call upon the people to defend the State and, in the fulfilment thereof,

all citizens may be required, under conditions provided by law, to render personal,

military or civil service.

Section 5. The maintenance of peace and order, the protection of life, liberty, and

property, and promotion of the general welfare are essential for the enjoyment by all the

people of the blessings of democracy.

Section 6. The separation of Church and State shall be inviolable.

STATE POLICIES

Section 7. The State shall pursue an independent foreign policy. In its relations with other

states, the paramount consideration shall be national sovereignty, territorial integrity,

national interest, and the right to self-determination.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a

policy of freedom from nuclear weapons in its territory.

Section 9. The State shall promote a just and dynamic social order that will ensure the

prosperity and independence of the nation and free the people from poverty through

policies that provide adequate social services, promote full employment, a rising standard

of living, and an improved quality of life for all.

Section 10. The State shall promote social justice in all phases of national development.

Section 11. The State values the dignity of every human person and guarantees full

respect for human rights.

Section 12. The State recognizes the sanctity of family life and shall protect and

strengthen the family as a basic autonomous social institution. It shall equally protect the

life of the mother and the life of the unborn from conception. The natural and primary

right and duty of parents in the rearing of the youth for civic efficiency and the

development of moral character shall receive the support of the Government.

Section 13. The State recognizes the vital role of the youth in nation-building and shall

promote and protect their physical, moral, spiritual, intellectual, and social well-being. It

shall inculcate in the youth patriotism and nationalism, and encourage their involvement

in public and civic affairs.

Section 14. The State recognizes the role of women in nation-building, and shall ensure

the fundamental equality before the law of women and men.

Section 15. The State shall protect and promote the right to health of the people and

instill health consciousness among them.

Section 16. The State shall protect and advance the right of the people to a balanced and

healthful ecology in accord with the rhythm and harmony of nature.

Section 17. The State shall give priority to education, science and technology, arts,

culture, and sports to foster patriotism and nationalism, accelerate social progress, and

promote total human liberation and development.

Section 18. The State affirms labor as a primary social economic force. It shall protect the

rights of workers and promote their welfare.

Section 19. The State shall develop a self-reliant and independent national economy

effectively controlled by Filipinos.

Section 20. The State recognizes the indispensable role of the private sector, encourages

private enterprise, and provides incentives to needed investments.

 Section 21. The State shall promote comprehensive rural development and agrarian

reform.

Section 22. The State recognizes and promotes the rights of indigenous cultural

communities within the framework of national unity and development.

Section 23. The State shall encourage non-governmental, community-based, or sectoral

organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in

nation-building.

Section 25. The State shall ensure the autonomy of local governments.

Section 26. The State shall guarantee equal access to opportunities for public service, and

prohibit political dynasties as may be defined by law.

Section 27. The State shall maintain honesty and integrity in the public service and take

positive and effective measures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and

implements a policy of full public disclosure of all its transactions involving public

interest.

II. Article III of the 1987 Philippine Constitution

ARTICLE III

BILL OF RIGHTS

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.

Section 2. The right of the people to be secure in their persons, houses, papers, and

effects against unreasonable searches and seizures of whatever nature and for any

purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except

upon probable cause to be determined personally by the judge after examination under

oath or affirmation of the complainant and the witnesses he may produce, and particularly

describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when public safety or order requires otherwise,

as prescribed by law. (2) Any evidence obtained in violation of this or the preceding

section shall be inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of

the press, or the right of the people peaceably to assemble and petition the government

for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting

the free exercise thereof. The free exercise and enjoyment of religious profession and

worship, without discrimination or preference, shall forever be allowed. No religious test

shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by

law shall not be impaired except upon lawful order of the court. Neither shall the right to

travel be impaired except in the interest of national security, public safety, or public

health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be

recognized. Access to official records, and to documents and papers pertaining to official

acts, transactions, or decisions, as well as to government research data used as basis for

policy development, shall be afforded the citizen, subject to such limitations as may be

provided by law.

Section 8. The right of the people, including those employed in the public and private

sectors, to form unions, associations, or societies for purposes not contrary to law shall

not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal

assistance shall not be denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall

have the right to be informed of his right to remain silent and to have competent and

independent counsel preferably of his own choice. If the person cannot afford the services

of counsel, he must be provided with one. These rights cannot be waived except in

writing and in the presence of counsel. (2) No torture, force, violence, threat,

intimidation, or any other means which vitiate the free will shall be used against him.

Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited. (3) Any confession or admission obtained in violation of this or Section 17

hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as

well as compensation to and rehabilitation of victims of torture or similar practices, and

their families.

Section 13. All persons, except those charged with offenses punishable by reclusion

perpetua when evidence of guilt is strong, shall, before conviction, be bailable by

sufficient sureties, or be released on recognizance as may be provided by law. The right

to bail shall not be impaired even when the privilege of the writ of habeas corpus is

suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due

process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent

until the contrary is proved, and shall enjoy the right to be heard by himself and counsel,

to be informed of the nature and cause of the accusation against him, to have a speedy,

impartial, and public trial, to meet the witnesses face to face, and to have compulsory

process to secure the attendance of witnesses and the production of evidence in his

behalf. However, after arraignment, trial may proceed notwithstanding the absence of the

accused provided that he has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in

cases of invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before

all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and

aspirations. (2) No involuntary servitude in any form shall exist except as a punishment

for a crime whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman

punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling

reasons involving heinous crimes, the Congress hereafter provides for it. Any death

penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of

physical, psychological, or degrading punishment against any prisoner or detainee or the

 use of substandard or inadequate penal facilities under subhuman conditions shall be

dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense.

If an act is punished by a law and an ordinance, conviction or acquittal under either shall

constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

III. Bacolod City Anti-Discrimination Ordinance

IV. Questionnaire given to Atty. Caesar Distrito

University of St. La Salle

Bacolod City, Negros Occidental, Philippines

QUESTIONNAIRE

1. What is equality?

2. Is there discrimination in members of the LGBT or third sex in Bacolod City?

3. Why do you think there are such situations and what are those common scenarios?

4. What made you decide to pass/submit an ordinance of Anti-Discrimination?

5. Tell us more about the ordinance.

6. What are the hindrances or obstacles encountered in its passing?

7. How was it disseminated and implemented in Bacolod City? Was it effective?

8. Was it substantial enough to be able to cause an effect after one year of its passing?

9. Do you think that this ordinance is a proponent to further enhance awareness in the

national level especially concerning the rights of the LGBT?

10. What are the other ordinance and/or law related to Anti-Discrimination that could be of

help to the LGBT Community?

 11. In comparison to laws in other foreign countries who freely support LGBT community,

would you consider our country slowly deterring from being conservative and finally

being an open-minded country about LGBT?

12. In a prospective view, would there be other ordinances or legislative move from our city

government or from the higher office for the furtherance of equality among LGBT here in

Bacolod?

13. Message to LGBT Groups, Researchers and reader of this research.

V. Pictures of the Interview

VI. Questionnaire given to Dra. Rowena V. Bañes

University of St. La Salle

Bacolod City, Negros Occidental, Philippines

QUESTIONNAIRE

1. What is sexual orientation?

2. Why are there deviations from the norms? What are the factors to be considered?

3. What are the effects of discrimination and inequality to person?

 4. Why is there discrimination against the LGBT? How do they cope with such

discrimination and inequality?

5. Are there specific situations where gender discrimination is more evident and what are

these situations?

6. What are the contributions, whether good or bad, of the LGBT Community specifically

here in Bacolod City?

7. Have you ever written an article or study about LGBT? Can you share the highlight or

concept of that study?

8. In your professional opinion, the LGBT Community more accepted in this modern era

compared before?

9. How about in comparison with the international community?

10. Personally, does our law deal with LGBT with acceptance / rejection?

VII. Questionnaire given to the Respondents

University of St. La Salle

Bacolod City, Negros Occidental, Philippines

SURVEY QUESTIONNAIRE

As first year law students of the College of Law of the University of St. La Salle – Bacolod,

the researchers have been tasked to construct a legal research paper as part of their

requirements for their Legal Research class. The research is entitled “A Review on the

Equality of Rights of Lesbians, Gays, Bisexuals, and Transgenders in Bacolod City”. In line

with this, the researchers would like to ask for your time and input by answering this

survey questionnaire to help them achieve their objectives in their undertaking of this

study. Your sincere participation would be very much appreciated. Answer accordingly to

what is being asked. Encircle the answer with yes or no questions.

AGE: ________

EMPLOYMENT STATUS (currently employed, unemployed, student, entrepreneur, etc.):

_____________________________________________
SEXUAL PREFERENCE (lesbian, gay, bi or transgender):

_________________________________

1. In your perspective as a member of the LGBT community, how would you define gender

equality?

______________________________________________________________________________

______________________________________________________________________________

______________________

2. Have you ever experienced being discriminated because of your gender preference?

YES OR NO

If Yes, what did you feel and how did the experience affect you?

______________________________________________________________________________

_________________________________________________________

3. As part of the LGBT community, do you feel well-represented in our society?

YES OR NO

4. Are you aware of any existing law/s which aims to protect the welfare of the LGBT

community?

YES OR NO

5. Are you aware of the Anti-Discrimination Ordinance being implemented in Bacolod City?

YES OR NO

6. Do you believe that Bacolod City has become more open with regard to the promotion and

acceptance of the rights of the LGBT community?

YES OR NO

7. Do you believe that the existing laws in our society are sufficient in promoting equality?

YES OR NO
8. In relation to gender equality, do you feel that the Philippines has gradually become more

accepting of the rights of the LGBT community?

YES OR NO

9. Do you agree that the Philippines is becoming more adaptive of the international laws relating

to gender equality?

YES OR NO

10. Comments and suggestions to the research/researchers:

______________________________________________________________________________

_______________________________________________________

Thank you so much for your time and effort!