The Philippine government should take steps to remove and amend existing
national discriminatory laws that contradict local ordinances that prohibit
discrimination on the basis of sexual orientation and gender identity, including
laws that require employees to follow a gender specific dress code.
1b. Absence of Gender Recognition Legislation (Articles 1, 2, and 3)
Transgender women face discrimination based on their gender identity and gender
expression because their changed gender is not recognized by the State and they are
continually perceived and stereotyped as gay men. One of the department heads at the
Department of Foreign Affairs informed a transgender woman that, per department policy
for passport applications, male applicants should look masculine in their passport
photograph. Since she looked feminine in the photo for her passport renewal and
“contradicted” her appearance in her previous passport, she was forced to repeatedly have
her photo taken until she looked less feminine in the photo. This process was done amidst
the scornful looks of other applicants and department personnel.9
There is also clear unequal application of the law because some lower courts in the
Philippines have granted transgender women the change of name and sex on their legal
documents. The lower court rulings were not appealed by the Office of the Solicitor
General, and the transwomen petitioners were able to successfully change their name and
sex.10
RECOMMENDATIONS:
It is recommended that the Philippine government pass a Gender Recognition
Law that provides legal gender recognition for transgender persons.
The government should direct immigration and passport control authorities to
implement a policy of non-discrimination towards LBT persons, including
receiving awareness training on proper procedures for handling applications
from transgender persons.
1c. Absence of Legislation Prohibiting Hate Crimes on the Basis of Sexual
Orientation, Gender Identity and Gender Expression (Article 3 and GR 19 Violence
Against Women)
Research conducted by the Philippines LGBT Hate Crimes Watch showed that of the
total 141 documented cases of hate crimes recorded from 1996 to August 2011, 95 hate
crimes involved gay men, 26 involved transgender persons, 16 involved lesbians and four
9
Discrimination to Transgenders in Department of Foreign Affairs' Passport Process. Magdalena Robinson, Feb. 7,
2011.
10
A Manila Regional Trial Court judge granted the change of name and sex of a petitioner based on sex reassignment
without the Office of the Solicitor General appealing the decision.
4