marginalized = : to relegate to an unimportant or powerless position within a society or group
Ang Ladlad, a gay group representing Lesbians, Gay, Bisexual and Transgendered (LGBT) led by Prof. Danton Remoto is once again rebuffed – like little school boys being sent to the discipline office by their teacher for opining that her teaching sucks – by the Commission on Elections on its appeal for accreditation as a party-list group for the May 2010 elections saying that the group was,
“not being truthful when it said that it ‘or any of its nominees/party-list representatives have not violated or failed to comply with laws, rules, or regulations relating to elections.”
In short, Ang Ladlad are a bunch of liars. Isn’t it that they have gone out of their closets already, then what are they still lying about? That they are not really gay but are just a whole group of soul-searching individuals? Or they lied when they said they love Ding Dong Dantes more than Papa P?
Well, the specific law that these homophobic commissioners were fast to refer is the Crimes Against Public Morals on chapter II of the Penal Code which by the way was passed on 1930 when Gen. MacArthur and his troops were still busy on training young boys to become real men in time for war; left untouched until now when Fred Mercury, Boy Abunda, Adam Lambert and Piolo Pascual (oops, sorry, this is still a big debate in showbiz, until resolved by Piolo himself and skeptics become satisfied) to name a few has become household names of people who experienced a revelation on their road to Damascus.
The very decision therefore of the three commissioners that implicitly labels all LGBT being represented by Danton Remoto’s group as “criminals” (therefore should they be jailed?) is a clear sign of members of this minority group being marginalized and publicly ridiculed not only by this constitutional body but more so in a society where machismo is the standard of manhood measured by the number of extra marital affairs one can flaunt during drinking sessions, cock fighting and walking in the streets half naked with all sorts of ugly tattoos on their swelling bellies.
Wow, now I am beginning to fear for my little cousin of 9 who sports a white side wall but loves to play with his Barbie Doll after school soon ending up in a stinking jail. Don’t worry Jimmy Boy, if you will be jailed, Uncle will always visit you and bring you your favorite Barbie and Ken dolls for you to endure eternal boredom.
Commissioner Nicodemo Ferrer saying on the Ang Ladlad decision that “Actually [the group] is already being represented in the lower house and in the upper house…in the military…in the religious” is not only appalling to hear from a high official of a constitutional body that should have the full understanding of the basic rights of the citizens but also is an affirmation of his ignorance and discriminatory treatment of members of the third sex. Lemme ask, who are these elected people you are saying?
I am wondering really, who these people Mr. Ferrer are referring to. I am trying to play with my limited imagination. What if these are the people whom Mr. Ferrer is trying to describe: Rep. Jovito Palparan being gay apparently with his machine gun repainted in pink color with all the flowery designs on it? Or how about Sen. Bong Revilla a gay that is why he is close to many women because he actually envies them? Or Sen. Migz Zubiri a gay legislator that is why he first fell in love with the macho Vina Morales with all the bulging muscles and well-sculpted abs? Scary woman! Have I actually said she is a woman? Jesus! How about Gen. Versoza or Gen. Rosales of the PNP? Or how about Sec. Angelo Reyes and SSS President Romulo Neri?
That is the effect of the senseless and insensitive remarks of the homophobic commissioner: he opens up the floodgates of doubt, speculations, buzz and gossiping but on the one side even more raises a stronger case for the Ang Ladlad and all LGBT as a marginalized sector right from the very office of the accrediting body that has dismissed their arguments as non-sense trash.
There is no denying that LGBTs are still discriminated in our society: some gays lost their jobs or cannot get a job though qualified for being gay, some LGBTs were treated inhumanely by others and communities, LGBTs do not received the proper respect and opportunities that they so deserve. Many of us still have that Nicodemo Ferrer in us.
Going back. Surely, the fight is not yet over for Ang Ladlad, though they certainly are running out of time for hopefully being accredited and included on next year’s polls after pitching in their papers for reconsideration. I could even see it reaching the footsteps of the Supreme Court as a very controversial issue waiting for a final resolution for all stakeholders.
But for now, LGBTs should simply prepare themselves; they may be just fetched by police forces and sent into jail for violating the Crimes Against Public Morals of the Penal Code of 1930. Right Commissioners? Well, their decision runs short of saying just that. But more than the problem of jurisprudence that this decision raises is the issue of discrimination.
Want to hear from you guys? Are you for the accreditation of Ang Ladlad as a legitimate marginalized sector? Or the COMELEC Commissioners were right of their decision?



pinoygossipboy
3 months ago
I agree in toto with the decision penned by Commissioner Nicodemo Ferrer. I am of the reasonable opinion that there is legal wisdom in his ponencia. His ponencia was based on concrete legal basis, citing not only codal provisions, but jurisprudence as well.
I am not against homosexuals. I strongly believe that they should be accorded with equal rights. The question here is not whether the gays are being discriminated against or should they be given equal protection of the law. The sole issue to be resolve before the Commission is whether or not the Ang Ladlad is qualified to be a party-list under pertinent provisions of the law.
The petition is devoid of merit.
Wherefore, premises considered, the Decision of the COMELEC is hereby affirmed in toto.
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jan geronimo
3 months ago
“Wherefore, premises considered, the Decision of the COMELEC is hereby affirmed in toto.”
Hello?! Hilario Davide, istatyu?
Ooops, my bad. Hilario Davide is a reasonable man after all.
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elmot
3 months ago
Hehhehe…Justice Davide is now assigned at the United Nations Bro…
I am waiting for Lady Justice to come over and comment to seal this issue once and for all. Do you have her mobile number? LOL!
Jhay
3 months ago
@ pinotgossipboy: You agree in toto with the decision of the COMELEC? Including the religious basis of the same decision? The ones quoted directly from the Bible and the Koran? Isn’t that a religious test for the exercise of one’s civil rights which is prohibited by the Constitution?
It would have been fine if they just based it on jurisprudence and codal provisions but they had to quote the Bible and the Koran. What ever happened to the separation of Church and the State?
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elmot
3 months ago
@pinoygossipboy: Unfortunately, I do not agree with the decision of the Commissioners who by the way quoted parts of their decision from the Bible and Koran. That is an obvious faith-based decision.
Second, it is not only the issue of either they are qualified as a party-list group based on existing laws that the commissioners should look into. Equally important is the fact to consider is whether indeed they are a marginalized sector, and deciding that Ang Ladlad is disqualified based on faith-based opinions and on a Penal Code that speaks in very broad terms that could easily be manipulated to fit a commissioners personal biases, prejudices and religious beliefs is basically against the just interpretation and implementation of the law and the separation of the Church and State.
There is therefore for me no legal wisdom on the decision; but a pure display of discriminatory and predatory practice of rendering judgment to petitioners based on faith-based opinions through personal manipulations of interpreting existing laws and provisions to supplement such religious beliefs.
roy
3 months ago
What? The petition is devoid of merit? Bakit daw? Because you say so? or the Comelec says so? Perhaps you should tell us which law is relevant to this, or even better enumerate what the law provides. Only then you can say “Wherefore, yada yada..
roy
3 months ago
Eh kaso nga hinde yun ang dahilan ng COMELEC. They rejected it not because they think like you (going by the equal protection clause). They rejected it on the basis of Quran and the Bible. They believe that homosexuals “tolerate homosexuality”.
elmot
3 months ago
Hi Roy! Thanks for participating in the discussion.
I agree, quoting from Koran and Bible in rendering a decision…wow, are they thinking that they are the Inquisition?
jan geronimo
3 months ago
Nicodemo. Perhaps he’s named after Nicodemus? A Pharisee who was later venerated as saint by the Roman Catholic Church?
Nicodemus was credited to have said, referring to Christ crucifixion, these famous words, “And with His wounds we are healed.”
Back to our present day Pharisee. Of course, it’s not your fault portions of abhorrent provisions in the ancient penal code still exist, Mr. Nicodemo. But your subsequent statements were unfortunate and yes appalling.
Such is the peril of naming your child after a famous person. You might grow up to be a disappointment. Come to think of it, are we expecting something Herculean from our officials? Nah, the requirement is simple. Be humane: fair, decent, sensible.
There should be provision in the Penal Code for public officials whose brains reside in a place where the sun never shines. Or early retirement for the brain dead.
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elmot
3 months ago
This Nicodemo unfortunately is as strong as the molave tree, who said will stand by his decision no matter what. His momma should have just named him Nero?
Indeed, people could just let the decision pass, but this little guy of the Inquisition wanted to add insult to injury by uttering more appalling and discriminatory remarks.
Do you think he is a homophobic or simply a very religious man?
roy
3 months ago
Hello Elmot, whether he’s homophobic or simply being religious is beside the point. He should apply what the law is, and the law applicable for me here is the 1. Constitution, 2. the Party List System Act, 3. COMELEC Resolution #2847.
I just think that all three are just being ignorant for insisting that gay representatives in the congress “tolerate/promote immorality”. They continue being ignorant by uttering ignorant remarks when they defend their position. One even said, “there’s no need for representation, there are many of them already in the congress.” Another one challenged the reporters “who any of us here can honestly say that homosexuals do not tolerate/promote homosexuality?”
The Revised Penal Code provision where they base their decision is very outdated and already vague when it was promulgated in the 1930s. I cannot begin to think how does one become guilty of ‘tolerating/ promoting immorality.’ And if so, how many including me have not been charged w/ the felony.
elmot
3 months ago
I agree Roy. Homophobic or not if a person who is tasked to render judgment is impartial and faithful to the things written on our laws and constitution, it would not matter so long has his decision is devoid of personal biases and judgments, more so of religious tones and sarcasm.
But the three justices has proven otherwise.
And include me too of those who could have easily been filed a felony case if the decision of the COMELEC is to be based upon by authorities.
doc MD
3 months ago
TO Elmot: i think Nicodemo is an idiot. An old, bigoted idiot. He should be hanged and his family hanged with him.
elmot
3 months ago
Thanks doc MD for sharing your thoughts.
Though I also think that he made a total idiot out of himself…I would not have him hanged with his family…
He should alone be sent to Abu Sayaff-infested territories. LOL
Balty
3 months ago
I just wonder. If COMELEC disqualified Ang Ladlad because of issues of immorality, shouldn’t they also disqualify individuals because of the same grounds?
Of course, COMELEC may say that they don’t have the authority to declare a person immoral or not…Teka, didn’t they just do that with Ang Ladlad?
And with this decision of COMELEC, can we petition the disqualification of candidates because they are immoral?
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elmot
3 months ago
Hi Balty! Thanks for the comment and active participation. You are always welcome here on my blog.
You raised indeed another point-of-view that indeed exposes the problem that the COMELEC has raised on its decision. Deciding on a petition based on religious beliefs and tone that they are somewhat standing on a higher moral ground opens the discussion about other politicians and political groups who are approved by their office to run though are tainted and known as people with questionable morals. How about that?
Trey
3 months ago
what are the basic requirements for a party-list to be a legitimate candidate for the coming elections? i think the commission and Ang Ladlad must stick to these objective criteria than to focus on moral issues which are in fact undetermined until the latter is put to congress and implement their program of action.
if athletes, teachers, youth, environmentalist, animal right advocates, the PWDs, OFWs, labor organizations, jeepney drivers, etc. are represented by a party-list, why can’t the GLBTs?
elmot
3 months ago
Hi Trey! Thanks for the comment.
There are certain criteria that a group should follow in order to be listed as a party-list group. However, the decision of the COMELEC on the issue of Ang Ladlad is basically not on a plainly legal sphere but on a moral issue that tried to find some justifications on existing laws. And obviously when one tries to inject morality and religion on judicial decisions, the decision already loses its validity on the eyes of the petitioning party.
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