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Jennifer alleged that for all interests and appearances as well as in mind and emotion, he had become male. At age 13, tests revealed that Jennifer’s ovarian structures had minimised, he had stopped growing and had no breast or menstrual development. Jennifer had developed secondary male characteristics and was diagnosed to have Congenital Adrenal Hyperplasia (CAH), while he was growing up. Interestingly, in Republic v Cagandahan, the SC granted the petition of Jennifer Cagandahan to change his first name to ‘Jeff' and his sex from ‘Female’ to ‘Male’. No reasonable interpretation can justify the conclusion that it covers the correction on the ground of sex reassignment.

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The SC explained that the Civil Code covers correction of entries as to acts, events or factual errors that occur after birth. In Silverio v Republic, the SC denied the petition of Rommel Silverio (a trans woman) to change her name to ‘Mely’ and the entry for sex from ‘Male’ to ‘Female’ on her birth certificate. Rights and privileges are determined through its written Constitution, domestic laws, and international treaties. It should be borne in mind, however, that the Philippines is primarily a civil law jurisdiction. Additionally, a variety of United Nations bodies have declared discrimination on the basis of sexual orientation to be prohibited under various international agreements’.Īs it stands, Philippine jurisprudence disregards religious opposition to promotion of LGBTI rights, abides by the principle of non-discrimination, does not consider homosexuality as illegal, and upholds expressions of homosexuality as a protected constitutional right. Although sexual orientation is not specifically enumerated as a status or ratio for discrimination in Article 26 of the ICCPR, the ICCPR Human Rights Committee has opined that the reference to “sex” in Article 26 should be construed to include “sexual orientation”. ‘the principle of non-discrimination requires that laws of general application relating to elections be applied equally to all persons, regardless of sexual orientation. Most importantly, the SC emphatically ruled: It follows that both expressions concerning one's homosexuality and the activity of forming a political association that supports LGBT individuals are protected as well’.

This position gains even more force if one considers that homosexual conduct is not illegal in this country. ‘freedom of expression constitutes one of the essential foundations of a democratic trsociety, and this freedom applies not only to those that are favorably received but also to those that offend, shock, or disturb. It is in the public square that deeply held convictions and differing opinions should be distilled and deliberated upon’, and that: It further said, ‘under our system of laws, every group has the right to promote its agenda and attempt to persuade society of the validity of its position through normal democratic means. Clearly, governmental reliance on religious justification is inconsistent with this policy of neutrality.’ At bottom, what our non-establishment clause calls for is “government neutrality in religious matters”.

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The Supreme Court (SC), in reversing the COMELEC decision, reasoned: ‘Our Constitution provides “o law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof”. COMELEC reasoned in part that ‘as a society, the Philippines cannot ignore its more than 500 years of Muslim and Christian upbringing, such that some moral precepts espoused by said religions have into society and these are not publicly accepted moral norms’.

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In 2009, Ladlad applied again, yet this time, the COMELEC refused registration on moral grounds. Its application was denied on the ground of lack of substantial membership base. * Ladlad, an organisation composed of men and women who identify themselves as lesbians, gays, bisexuals, or trans-gendered individuals (LGBTs), applied with the COMELEC to be registered as a party-list organisation in 2006. Supreme Court of the Philippines, definitive case law in the Philippines on LGBTI issues is Ang Ladlad LGBT Party (Ladlad) v Commission of Elections ( COMELEC). LGBTI rights in the Philippines are in limbo