32 A Preliminary Diction Study
culturally rooted, than our biologically given suppositions would tell us
(Wood 18). Such a complexity of the unaccounted for nuances of gender
are not accommodated by this law, the only basis of its spirit being what is
in black and white. A case in point that might put this law to the test would
be a possible case of a transgendered person. Transgender is an umbrella
term that refers to people the biological and gender identity or expression
of whom may not be the same. This can but does not necessarily include
preoperative, postoperative or non-operative transsexuals, female and
male cross-dressers, drag queens or kings, female or male impersonators,
and intersex individuals (Weiss). This nuanced situation will render the
law problematic for transgendered individuals who claim and identify
themselves as women. Without a stipulated definition of the word gender,
the scope of who will be covered by the privileges and affirmative action
proffered by the law will be open to uncertainty. With such a fluid and
debated core concept, it would have been imperative for that law carefully
and categorically define the term so as not to throw it upon the mercy of
subjective interpretations and understandings, which are in turn at the
mercy of individual ideologies and belief-systems.
The inadvertent absence or intentional omission of the operating
definition of “gender” exposes the law to a possible tendency of indefinite
expansion or restriction of its substantive scope. So that if a transgendered
woman seeks protection under the safeguarding of this Magna Carta, an
opposing counsel may well and perhaps easily argue that a close reading
of the law reveals that gender, if taken in its ordinary cultural meaning,
may not include the transgendered woman. In a legal system the statutory
construction of which grounds itself in the elementary principle that
the expressed puts an end to what is implied (and so to understand and
interpret the law, one must primarily look into the very words written in
the four corners of the paper, and to refrain from reading between and
beyond the lines of the words unless well-merited (i.e., when there is
patent ambiguity resulting to an obvious failure of the law from reflecting
the legislators’ true intent).
It is true and might be argued that to do so, narrowly define the
word gender, would be at times too limiting, as are all other exercises
of definition. But, for purposes of unambiguously producing a law that
affords for women their rights, a clear operational understanding of what
the term “women” includes is necessary. To not define any more clearly
the term gender would go into a linguistic manifestation of the dominant
power of the collective members of the Filipino society who automatically
presume that the only ones who are women are those who are anatomically
predisposed to be so. The fact that the law did not even concern itself