1. Argue for the Employer.

The case should be dismissed since there is nothing in Philippine law and jurisprudence that
gives right to a transgender to file illegal dismissal based on SEX discrimination.
Section 14 Article 2 of the Constitution provides that, "The State recognizes the role of
women in nation building and shall ensure the fundamental equality before the law of
women and men."
Article 3 of the Labor Code provides that, The State shall afford protection to labor,
promote full employment, ensure equal work opportunities regardless of sex, race or creed
and regulate the relations between workers and employers. xxx
Art. 135 of the same law provides that It shall be unlawful for any employer to discriminate
against any woman employee with respect to terms and conditions of employment solely on
account of her sex.
In this case, XYG presented himself as a male but was later diagnosed with gender dysphoria
and said to her employer that he intends to live and work full-time as a woman. XYG cannot
validly raise sex discrimination since the Constitution only recognizes the right of equality
between men and women. Also, when reading Article 3 and Article 135 of the labor Code as a
whole, it is clear that equal work opportunities regardless of sex pertains to a prohibition of
discrimination by an employer against any woman employee.
XYG is a male by birth, hence he does not have the right to file illegal dismissal based on
SEX discrimination.

2. Argue for the Employee.

The dismissal is not valid because there is a violation of procedural due process.

In a termination for just cause, due process involves the two-notice rule. In a termination for
an authorized cause, due process means a written notice of dismissal to the employee
specifying the grounds at least 30 days before the date of termination.

In this case, the funeral home fired him before he left for vacation which means the
dismissal was immediate and with no notice to XYG.

Having no notice before terminating XYG, Babaran funeral homes cannot validly terminate
XYG.

3. If you are the judge, whose right will you protect?

I will protect the right of XYG.

While it is true that the company policy of Babaran Funeral homes forces them to respect
Catholic teachings, which obviously does not recognize transgenders, they can only
terminate such transgender employee on the condition that they follow due process. Since
no notice was given to XYG prior to his termination, he is illegally dismissed, thereby he
should be reinstated with full backwages. However, it is unlikely that reinstatement is
beneficial to the business of the Babaran Funeral Homes, therefore in lieu of reinstatement,
XYG should be given separation pay of one month pay for every year of service.