Ang LADLAD Vs COMELEC afterthought, a change in respondent's theory, G.R. No. 190582, April 08, 2010 and a serious violation of petitioner's right to procedural due process. Topic: Congress| Composition, Qualifications, - SC finds no misrepresentation – Ang ladlad Term of Office| Party-list representatives never claimed to exist in each province of the Petitioner: ANG LADLAD LGBT PARTY Philippines. Rather, petitioner alleged that the REPRESENTED HEREIN BY ITS CHAIR, DANTON LGBT community in the Philippines was estimated REMOTO to constitute at least 670,000 persons; that it had Respondent: COMELEC 16,100 affiliates and members around the Action and ponente: DEL CASTILLO, certiorari country, and 4,044 members in its electronic with an application for a writ of preliminary discussion group. Ang Ladlad also represented mandatory injunction itself to be "a national LGBT umbrella organization with affiliates around the Philippines Facts composed of the following LGBT networks:" Ang Ladlad LGBT Party filed against the COMELEC - Ang Ladlad has sufficiently demonstrated its resolutions that refuse to accredit Ang Ladlad as compliance with the legal requirements for a party-list organization. In 2006, the application accreditation. Indeed, aside from COMELEC's was denied on the ground that the organization moral objection and the belated allegation of non- had no substantial membership base. In 2009, it existence, nowhere in the records has the was denied again but on moral grounds – it respondent ever found/ruled that Ang Ladlad is collided with statues that adhere to morality and not qualified to register as a party-list decency NCC 695, 1306, RPC 201. The party lied organization under any of the requisites under RA when it said that "or any of its nominees/party-list 7941 or the guidelines in Ang Bagong Bayani. representatives have not violated or failed to comply with laws, rules, or regulations relating to Religion as the Basis for Refusal to Accept the elections." They were also not given Ang Ladlad's Petition for Registration reconsideration – “Until the time comes when - our non-establishment clause calls for is Ladlad is able to justify that having mixed sexual "government neutrality in religious matters." orientations and transgender identities is government must act for secular purposes and in beneficial to the nation, its application for ways that have primarily secular effects. We thus accreditation under the party-list system will find that it was grave violation of the non- remain just that.” And “homosexuality is not a establishment clause for the COMELEC to utilize constitutionally protected fundamental right.” the Bible and the Koran to justify the exclusion of Hence, this petition. Ang Ladlad. Petitioner’s arguments - freedom of religion, privacy, freedom, speech and assembly, Public Morals as a Ground to Deny Ang international obligations against discrimination Ladlad's Petition for Registration – even based on sexual orientation though society disapproves of homosexuality, it OSG - no basis for COMELEC's allegations of has not been criminalized immorality, there had been no restrictions on - the resolutions have not specific any overt rights of freedom of speech, expression, and immoral acts by ang ladlad. Comelec did not say assembly what societal ills are sought to be prevented, why COMELEC – no concrete and genuine national special protection is needed for the youth, or how political agenda to benefit the nation, LGBT admission into the party-list system would be sector is not among the sectors enumerated by harmful to society the Constitution and RA 7941, made untruthful - we cannot countenance advocates who, statements in its petition when it alleged its undoubtedly with the loftiest of intentions, situate national existence contrary to actual verification morality on one end of an argument or another, reports by COMELEC's field personnel. without bothering to go through the rigors of legal reasoning and explanation. Issue - references to NCC and RPC - mere allegation of Whether Ang Ladlad party-list should be given violation of laws is not proof, and a mere blanket accreditation invocation of public morals cannot replace the institution of civil or criminal proceedings and a Application judicial determination of liability or culpability. - we explicitly ruled in Ang Bagong Bayani-OFW Labor Party v. Commission on Elections,[20] "the Equal protection - Recent jurisprudence has enumeration of marginalized and under- affirmed that if a law neither burdens a represented sectors is not exclusive" fundamental right nor targets a suspect class, we will uphold the classification as long as it bears a campaign for a change in the law or the rational relationship to some legitimate constitutional structures of a state if it uses legal government end. and democratic means and the changes it - The COMELEC posits that the majority of the proposes are consistent with democratic Philippine population considers homosexual principles. conduct as immoral and unacceptable, and this - the petitioner has been precluded, because of constitutes sufficient reason to disqualify the COMELEC's action, from publicly expressing its petitioner. Unfortunately for the respondent, the views as a political party and participating on an Philippine electorate has expressed no such equal basis in the political process with other belief. No law exists to criminalize homosexual equally-qualified party-list candidates, we find behavior that there has, indeed, been a transgression of - The COMELEC's differentiation, and its petitioner's fundamental rights. unsubstantiated claim that Ang Ladlad cannot contribute to the formulation of legislation that Non-Discrimination and International Law – would benefit the nation, furthers no legitimate ICCPR and UNDHR - the principle of non- state interest other than disapproval of or dislike discrimination requires that laws of general for a disfavored group. From the standpoint of the application relating to elections be applied political process, the lesbian, gay, bisexual, and equally to all persons, regardless of sexual transgender have the same interest in orientation. participating in the party-list system on the same - petitioner's invocation of the Yogyakarta basis as other political parties similarly situated. Principles (the Application of International Human - Petitioner itself has merely demanded that it be Rights Law In Relation to Sexual Orientation and recognized under the same basis as all other Gender Identity),[51] which petitioner declares to groups similarly situated, and that the COMELEC reflect binding principles of international law. - At made "an unwarranted and impermissible this time, we are not prepared to declare that classification not justified by the circumstances of these Yogyakarta Principles contain norms that the case." are obligatory on the Philippines. - so much of contemporary international law is Freedom of Expression and Association - characterized by the "soft law" nomenclature, Under our system of laws, every group has the i.e., international law is full of principles that right to promote its agenda and attempt to promote international cooperation, harmony, and persuade society of the validity of its position respect for human rights, most of which amount through normal democratic means. to no more than well-meaning desires, without - It is in the public square that deeply held the support of either State practice or opinio juris. convictions and differing opinions should be distilled and deliberated upon. - This Court's role is not to impose its own view of - Any restriction imposed in this sphere must be acceptable behavior. Rather, it is to apply the proportionate to the legitimate aim pursued. Constitution and laws as best as it can, Absent any compelling state interest, it is not for uninfluenced by public opinion, and confident in the COMELEC or this Court to impose its views on the knowledge that our democracy is resilient the populace. Otherwise stated, the COMELEC is enough to withstand vigorous debate. certainly not free to interfere with speech for no better reason than promoting an approved Conclusion message or discouraging a disfavored one. WHEREFORE, the Petition is hereby GRANTED. - These foreign authorities, while not formally The Resolutions of the Commission on Elections binding on Philippine courts, may nevertheless dated November 11, 2009 and December 16, have persuasive influence on the Court's analysis. 2009 in SPP No. 09-228 (PL) are hereby SET Foreign authorities – US - ruled that existing free ASIDE. The Commission on Elections is directed to speech doctrines protect gay and lesbian rights to GRANT petitioner's application for party-list expressive conduct accreditation. - European Court of Human Rights (ECHR) has repeatedly stated that a political party may