16 August 2019
‘THE QUEZON CITY PRIDE COUNCIL
‘Quezon City Hall, Elliptical Road
Diliman, Quezon City
‘Through ; HON. MARIAJOSEFINA "JOY" BELMONTE
ity Mayor, Quezon City
Quezon City Hall, Eliptical Road
Diliman, Quezon City
Subject: Complaint against Araneta Conter Inc, Starline Security
Agency Inc, and sanitation services agency contracted by
the Araneta Conter, Inc. for violation of Quezon City
(Ordinance No, SP 2357, 8, 2014
Madams and Sirs:
Tam writing to formally lodge a complaint against the Araneta Center, Inc,
Starline Security Agency, Inc, and the sanitation services agency contracied by
Araneta Center, Inc. in relation to acts of discrimination and violence that I suffered
‘under the latter's employees last 13 August 2019 at the Farmer's Plaza Mall in Quezon
City.
“The discriminatory acts that | experienced started when I attempted touse one
of the women’s restrooms at the Farmer's Plaza Mall. 1am a transgender woman and.
‘was merely intending to access the toilet facilities of the mall. To my mind, doing so
was a matter conceming my right to health and hygiene, regardless of sexual
orientation and gender identity and expression. This innocent act of mine, however,
has caused my eventual detention at the mall's security office, where I was detained
for more than one hour and where I was subjected to further acts of ridicule,
vilification, and harassment
1 with oiceadvoss nt 25 Gateway Towser, Arata Center, Queren City
2 with oie advess at HH Ave, Cabo, Quezon City
3efo Araneta Cener, Inc
‘A Thavediscuered i dtl th specific acts hut wes subjected loin my afidavtellached to this tor,
‘batfor reference purposes, sunaized below are some of the acts Cat Thad to endure tefore We mall personne!
(0). Teal santaon personnel reprimanded me in font of, ane within the plata bearing,
col, several byataralers as I entered the womer's comfort room They publicly
‘announced thatthe male restroomison te oe ide”
(0) Anthey forbly xcorted met the scout oie from the womerferesecom, the mall
[personnel would from time to time putlicly announce to their eo-employees tat they
‘wore detaining me becuse “Tused the woman's restecom despite ay being male.” The
‘announcements were mide within the plain heering ef several mall bystanders
(9) Atthesecuit office, the mall security sa refused my repeatet request to speak to the
mall's property manager or legal officer. They eso prevented me fem leaving the
remists. (ont. or page 3)a
Iwas later on brought by the mall security staff to the PNP Quezon City Police
District Station 7, where I was arrested and subjected to investigation for supposedly
documenting the whole incident on video, an act which I solely did to protect myself.
During the investigation, a police officer and the mall security officer ‘brought me to
Quirino Memorial Medical Center to undergo a medical examination. Upon arrival at
the hospital, I was handcutfed,
__ While Ihave already been released by the PNP due to the dropping of the
unjust criminal charges against me, I believe that I should not just let this clear act of
discrimination and harassment go unchecked.
‘The discriminatory acts that I experienced are clear violations of Quezon City
Ordinance No. SP 2357, series of 2014. They were manifestly impelled by the mall
employees’ disapproval of my identity as a transgender woman. In fact, Iwasadvised
by my legal counsel that the specific acts committed against me are actually expressly
‘enumerated under the ordinance as prohibited acts, specifically under the following
sections:
1, Sec. 1V 6) —Any person, naturel or juridical, is hereby prohibited
from vilifying or ridiculing any person on the basis of actual or
perceived sexual orientation, gender identity and expression
(GOGIE) xx through any of the following acts: (a) making fun or
contemptuous imitating or making a mockery whether in writing,
or in words, or in action; (b) uttering of slanderous and abusive
statements; (¢) executing any activity in public which incites »**
severe ridicule of a person.
2 Sec. IV (6) — It shall be unlawful to commit harassment, unjust
detention, and involuntary confinement because of one's actual or
perceived sexual orientation, gender identity and expression
(SOG).
3. Sec. IV (9) — Any act of discrimination or harassment based on
actual or perceived sexual orientation, gender identity and
‘expression (OGIE), which demeans the dignity and self-respect of
‘a person xXx.
Thave decided to take legal action against the Araneta Center, Inc, Starline
Security Agency, Inc,, and the sanitation services agency involved, as Lam of the firm
belief that the said acts of discrimination and harassment that I have experienced
should never have happened had the three not been remiss in their responsibilities as
‘employers ofthe specific persons involved and as the administrator of the place where
the incident happened.
I would like to reiterate that my detention at the mall’s security office spanned
for more than one hour. Despite this long period and the very public nature of the
(2. During my detention athe stcunty fe, several mall personnel made ving end
inolhingetaterent against me. They woeld peated efecto me as “bul.” One of
the employees even tld ane “ow muy ten fa pri” nl “AU nara maganda” 1
‘was ale physically sapped several ines by one employee.~aee
Mt, Araneta C .
Perea ae be +» Starline Security Agency, Inc, and the sanitation
‘eing commitied agains nothing to prevent or mitigate the harassment that was
eetite mete ‘eve tt ths incon on the pit of the toe,
eatiMcnadaamnntwlacss culpable of the
T wor i i
anata Ratt ike te highlight tat the manner by wi the all pase
pce erie incident shows the employees’ absolute lack of awareness of the
soreceple cans pee City Ordinance No. SP 2357, series of 2014, or even of the basic
pee arts Heeriatin based on sexual orientation and gender identity and
oe aes Wore, We specie wall personnel involved repeatedly told me
salle pole vy were merely doing their respective jobs pursuant to the
araner(At® Iwas advised by my legal counsel that this failure on the part of
‘ ter, Inc, Starline Security Agency, Inc., and the sanitation services agency
. properly educate and orient their employees regarding the provisions of Quezon
eae cairns Ne = 2357, series of 2014, constitutes a grave violation of the
selina U0 ordinance, all private institutions have the following,
1. Sec. V (6b) — All private offices, commercial /industrial
establishments located in Quezon City shall encourage an annual
gender sensitivity training or orientation for all employees,
Including «module on the elimination of all forms of
iscrimination on the basis of one's actual or perceived sexual
orientation, gender identity and expression (SOGIE),
2, Sec. V 6)(e) — Acopy of this ordinance shall be provided to i
Sirployees upon engagement by the Hiring Officer or by the
Fienant Resources Officer of any public or private entity where
employment is sought »%*.
3, See. V (6)(d) — All *** comm
shall designate toilet rooms and
CR
excial/incustrial establishments
lavatories labelled as all gender
te is in this light that I implore the Quezon City Pride Council to conduct a
formal investigation pursuant to Sec 38 of the IRR ‘of Quezon City Ordinance No. SP
2357, series of 2074, to determine the possible imposition by the City Government of
et Araneta Center, Inc, Starline Security Agency, ‘nt
aa sanitation services agency involved for ating the city ordinance. Furthermore,
Fee requesting for the Quezon City Pride ‘Council ‘s assistance in the proper
1 ovation of criminal cases against te said employers and the specific persons
involved.
{also ask the Honorable Members of the Qu ty Coun
resolution calling for an inquiry, slat particular incident. I
elieve that this is necessary for us 10 asses Bid improve the implementation of the
Quezon City Pride Fair Ordinance, piece Sf lgisarion thet is one of 2 Kind in this
ervey. Fam very mach willing 0 cooper ‘with your respective offices should you
Gecide to hold such an inquiry.’
‘exon City Council to sponsor @T have attached copies of video recordings of the incident, for the council's
,evew and perusal. lam also willing to provide further evidence, including affidavits
ol who have personally witnessed the incident, should the council so require.
For purposes of this complaint, the council may reach me at the following address:
2 wing addres
‘Thank you very much and Iam hoping for the council's favorable action.
Very Trutyprours,