Violence and Discrimination

against LGBTQ+ in the

Workplace
A. The Labor Code of the Philippines (PD 442)

• The national law covering employment for the private sector in the Philippines.

• Clear on its mandate that the "State shall afford protection to labor, promote full
employment, ensure equal work opportunities.“

• Does not contain any provision that

prohibits discrimination on the basis of
gender identity, particularly on the
members of the LGBTQ+.
B. CSC No. 01-0940-the Civil Service Commission's
Policy on Anti-Sexual Harassment

• prohibits "derogatory and degrading

remarks or innuendoes directed
toward the members of one's sex, or
one's sexual orientation or used to
describe a person."
• City of Manila v Laguio (12 April 2005) G. R. No 118127

In the case of City of Manila v Laguio, the Supreme Court upheld adults' right to
privacy and included the right to have sexual relations in the confines of their
private lives.

• Gualberto v. CA (28 June 2005) G.R No. 156254

Supreme Court awarded custody of a four-year old child to his mother despite
the father's argument of immorality against his wife who was "allegedly" in a
lesbian relationship.
• Silverio v Republic of the Philippines (22 October 2007) G.R. No
174689

The Supreme Court (SC) ruled against petitioner Silverio's wish to change her
first name and gender marker on her birth certificate.

• Republic of the Philippines v Jennifer Cagandahan (12 September

2008) G.R. No. 166676

The court ruled in favor of a name change to Jeff Cagandahan on the ground
that Jeff had an intersex variation, Congenital Adrenal Hyperplasia (CAH).
 It is apparent that the focus on biological sex is
consistent with the Court's contrary position for
transgender people, who are deemed to be
attempting to change their biological sex.