LAP Code:GenEd El 1 No.

of Hours: 3 hrs/meeting
LAP Subject Title: Gender and Society with Peace Education

LAP-DAY 5
Laws and Policies on Violence and discrimination of the Members of LGBTQ+
A. Topic Outline

Content
Unit Objectives Activities Assignment
Standard
Laws and The learner  The learner determines the various
Policies on discusses the Philippine Laws and policies for
Violence and different laws protection of rights of members of
discrimination and policies LGBTQ+
of the protecting the  Identifies the different Anti-
Members of rights of Discriminatory laws and policies
LGBTQ+ LGBTQ+ Knows the acts leading to violations
of these laws and policies

B. Salient Concepts
Definition of Terms
1. Equal protection- requires that all persons or things similarly situated should be treated alike,
both as to the rights conferred and responsibilities imposed.
2. Due process- principle that the Government must respect all of a person’s legal rights as this
ensures that all laws and legal proceedings must be fair and equal for all.

Introduction

The 1987 Constitution (Equal Protection and Due Process Clause)

The 1987 Philippine Constitution states that: “The State values the dignity of every human
person and guarantees full respect for human rights.” Apart from this, the 1987 Constitution enshrines
in its due process and equal protection clauses 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.” (Article 3, Sec 1, 1987 Philippine Constitution).

Violence and Discrimination

Despite widespread anecdotal evidence of crimes perpetrated against the LGBTQ+ community
in the Philippines, most data on these cases have not undergone official verification and collation.
In March 2016, the Trans Murder Monitoring Project listed 41 reported cases of transgender
people murdered in the country since 2008.
The case of Jennifer Laude awakened the members of the LGBTQ+ of the violence and
discrimination impending against them. This awareness and the opinions culled out most be known to
enable critical thinking and sharing of thoughts and ideas.

Violence and Discrimination against LGBTQ+ Youth in Education

A. Anti-Bullying Act of 2013 (Republic Act 10627)

Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based bullying as a prohibited and
punishable act.
Gender-based bullying is defined as “any act that humiliates or excludes a person on the basis of
perceived or actual sexual orientation and gender identity (SOGI) (Republic Act No. 10627)
B. Child Protection Policy 2012
 In cases where the bullying is committed by a Principal, teacher or any other school personnel,
the law being violated is Department of Education Order No. 40 on Child Protection Policy. This
policy includes the protection of students from any form of violence regardless of their sexual
orientation or gender identity.

C. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act of
1992 (Anti-Child Abuse Act or Republic Act 7610)
Parents of children who suffer abuse at the hands of teachers or members of the school’s
administration violates RA 7610 or the Anti-Child Abuse Act.
Such cases can cover instances of physical, psychological injury, or cruelty on the basis of the
child’s SOGI.

Violence and Discrimination Against LGBTQ+ in the Workplace

A. The labor Code of the Philippines (PD442)
The labor code is the national law covering employment for the private sector in the Philippines.
With the exception of prohibitions against discrimination of women, it does not contain any
provision that prohibits discrimination of women, it does not contain any provision that prohibits
discrimination on the basis of gender identity, particularly on the members of the LGBTQ+.
Nonetheless, while the law is quiet on gender identity and expression, it is clear in its
Declaration of Policy (Article 3) that the “State shall afford protection to labor, promote full
employment, ensure equal work opportunities.”
Clearly, the mandate for equal protection in employment is clear. But, the reality shows a
different picture since members of the LGBTQ+ encounter hardship in accessing work opportunities
because of discrimination.
The absence of a national law that explicitly prohibits discrimination on the basis of gender
identity makes it easier for employers to hide behind fabricated reasons for not accepting, firing, or
depriving members of the LGBTQ+ of their employment benefits. Often, policies on uniform,
documents, and use of common rooms are used against members of the LGBTQ+ employees and
even applicants.
B. CSC No. 01-0940- the Civil Service Commission’s policy on Anti-Sexual Harassment
The Civil Service Commission Administrative Disciplinary Rules on Sexual Harassment Cases
includes other less grave, punishable offences. These include prohibiting “derogatory and degrading
remarks or innuendos directed toward the members of one’s sex, or one’s sexual orientation or
used to describe a person.”
This Rule applies to all government entities that fall under the Civil Service jurisdiction.
The policy is important because it explicitly covers derogatory remarks regarding sex, sexual
orientation, or other remarks that are used as description of a person with the intention to insult. In
addition, this policy for government agencies does not require that the offender has moral
ascendancy over the victim.
The fact that the perpetrator and the victim are the same level or position will not preclude the
victim from filing a case. While gender identity is not specifically mentioned as a ground, if a LGBTQ+
civil servant is harassed verbally by co-workers, they would be able to merely on the generic
protection from “ derogatory and degrading remarks”.

C. Developmental Activity
Answer the following questions:
1. Why do we need to protect and promote the rights of the members of the LGBTQ+
2. What can you do to further the protection of the members of the LGBTQ+ at home, in
school, and in your community?
D. Exploratory Activity
Group Activity
1. Search in the internet, the Supreme Court-decided cases of Silverio V Republic of the
Philippines (22 October 2007) G.R. No. 174689 and Republic of the Philippines V Jennifer
Cagandangan (12 September 2008) G.R. No. 166676.
2. Read and discuss the cases among your group mates.
3. Examine the ruling of the Supreme Court regarding the members of the LGBTQ+ in these
two cases. Write the specific ruling of the Supreme Court.
4. Compare the ruling on both cases.
5. Assess the impact of these rulings to the lives of LGBTQ+.