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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 THE

LEGAL RESEARCH

MARY ANNE CAÑETE

MARIANNE SHEILA ENDRIANO

RE CHARLES TUPAS

OCTOBER 2014

PROFESSOR; JOCELLE BATAPA- SIGUE


ACKNOWLEDGEMENT

We would like to first and foremost thank God, the All Mighty, for giving us the
strength and wisdom to craft this research paper. For our parents and for their unconditional love
that has thought us that no boundaries should ever be built in order to give love and respect, we
thank you and we dedicate this to you. For our peers, thank your for enduring with us the
experience of making this research. And to those who took part in this research we express our
sincere gratitude for the support and trust of sharing your experiences and knowledge to us.

We are inspired to make this research to show that no one is above the law or
underprivileged in the eyes of the law. All has a just and equal value.
FOREWORD

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

society as well evolves. In light 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 first and 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 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 other human being, 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

Gender and Sexual Orientation Distinguished

Equality and Gender Equality Defined

Present Scenario of Discrimination In LGBT Group

Applicable and Related Laws

Chapter V: CONCLUSION AND RECOMMENDATION

Bibliography

Appendices

Related laws, Rules and Regulation

Survery Question

Information Drive
CHAPTER I

THE PROBLEM AND ITS SETTINGS

Gender inequality refers to unequal treatment or perceptions of individuals based on

their gender. It arises from differences in socially constructed gender roles as well as biologically

through chromosomes, brain structure, and hormonal differences. Gender inequality has been a

long standing issue of the society. Wherein not only to the two biological groups, the male and

the female, but moreover to those who are incongruence with their sexual orientation. Lesbians,

Gays, Bisexuals and Transgenders are openly criticized and ridiculed for their deviance from the

norm then and now. But with changing times the researchers would like to look into the present

scenarios of the LGBTs if such discrimination is still prominent or has a change really transpired

and felt even in Bacolod City sector alone.

Respondent

Being a member of the LGBT group is not a disease or disorder. All are equal in value

and opportunity
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.” that every Filipino is given the right to equal access to

opportunities to 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 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. 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 out 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 arm, 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 as one, every member should feel

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 define Lesbian, Gay, Bisexual and Transgender

2. To delineate equality as provided by law.

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

modernization in employment, education and in society itself.

4. To establish the present laws implemented to ascertain equality within said areas

5 To compare national and international laws with regard to Lesbian, Gay, Bisexual and

Transgender.
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 here 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

Research was conducted in Bacolod City wherein offices, schools, and organizational groups

KEY INFORMANTS

1. Competent behavioural psychologist capable to limiting premise on sexual

orientation of a person.

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

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

non-governmental organization here in Bacolod

4. Person whose influence and advocate equality rights of LGBTs.

INCLUSION CRITERIA

1. Competent behavioural psychologist capable to 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 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

Reasearch instrument used for this study is survey questionnaires 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 professional from the scientific field

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
Figure 1. Flowchart of the Study

IDENTIFICATION OF RESPONDENTS AND


RESOURCE PERSON

DOCUMENTATION, INTERVIEW,
DISSEMINATION OF QUESTIONNAIRE

ORGANIZING DATA COLLECTED

ANALYZING OF DATA
CHAPTER IV

PRESENTATION AND INTERPRETATION OF REPORT

Gender and Sexual Orientation Distinguished

Equality and Gender Equality Defined

Present Scenario of Discrimination In LGBT Group

Applicable and Related Laws


CHAPTER V

CONCLUSIONS AND RECOMMENDATIONS


BIBLIOGRAPHY

1. en.wikipedia.org/wiki/Gender_inequality
APPENDICES