Comelec Intensifies the National Sin

There are a lot of murders, kidnappings, abductions, graft, corruption, but what single act of infamasy can equal the infamous decision of a division of the Commission on Elections (Comelec) of the Philippine Government?

My dear LGBT friends have a difficult decision to make. We canot live in this world unless we are willing to be counter cultural.

We have to go against the trend (as demonstrated by the Comelec decison) of hate and prejudice. It seems ingrained in our culture.

How can we be effectively counter cultural?. March in the streets?, (30 or 40 of us)? Hold prayer meetings in front of Comelec offices? There is a time for such demonstrations.

But how can we be truly effective everyday of our lives? By being counter cultural.

But How? We are called by God to LOVE and HOLINESS. We are indeed not called by God to hate and prejudice. I guess that even means we are not called to hate the Comelec. Last election, the head of the Comelec who resigned after being accused of accepting a huge bribe, turned down Ang Ladlad's petition to be a pro-LGBT party (list). This year a division has done it even more hatefully. But Jesus says, love your enemies. Whew. That's hard. So, let's just love everybody around us and stop the hate and prejudice in our own lives as a way to start being counter cultural.

I don't need to write a further rebuke for the injustice of the Comelec. The Internet is buzzinfg with responses. Let me just put a few of them together in one place. The responses become overwhelming when they are all placed side by side. And I can only choose some of the them..

To start, the comelec resolution that aroused so much reaction in our LGBT community and even in the Human Rights Commission, in the Senate, and elsewhere is here presented in full for our utter disgusted amazement


SPP Case No. 09 - 228 (PL)


IN THE MATTER OF THE PETITION FOR REGISTRATION OF ANG LADLAD LGBT PARTY
FOR THE PARTY-LIST SYSTEM OF REPRESENTATION IN THE HOUSE OF REPRESENTATIVES.

REPRESENTED HEREIN BY CHAIRMAN DANTON REMOTO, Petitioner.

x------------------------------------x
Ferrer, N. T., Presiding Commissioner
Promulgation: 11 November 2009




R E S O L U T I O N


- download pdf version here -


We resolve the verified Petition1 for registration of ANG LADLAD LGBT PARTY (Ang Ladlad, for brevity) as a sectoral party under the party-list system of representation.
Petitioner is a corporation duly organized and existing under and by virtue of the laws of the Philippines with postal address at Unit 304 Golden Legacy Condominium, 98 Xavierville Ave., Cor. Esteban Abada St., Loyola Heights, Quezon City.
In its Petition filed on August 17, 2009, petitioner alleges the following, to wit:
1) That it is composed of Lesbians, Gays, BisexuaIs, and Transgenders, "like-minded individuals with the same concerns and interests, comprising a bona fide sectoral organization";
2) That it seeks to participate in the Party-list system as a sectoral party to represent the "Filipino Lesbian, Gay, Bisexual, and Transgender (LGBT) Community";
3) That it has nationwide constituency;
4) That Petitioner "is not a religious sect or denomination";
5) That it does not "advocate violence or unlawful means to seek its goal";
6) That it "or any of its nominees/party-list representatives have not violated or failed to comply with laws, rules, or regulations relating to the elections";
7) That it is "not and endeavors not to receive any support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes"; and
8) That it "is not a party or organization that is an adjunct of, or a project organized or an entity funded or assisted by, the government;
Attached to the Petition are its Certificate of Incorporation2, By-laws3, Articles of Incorporation4 and List of Officers and Members.
An Order5 dated September 4, 2009 was issued directing Regional Election Directors to verify the existence of petitioner in Regions I-XIII, Autonomous Region in Muslim Mindanao (ARMM), Cordillera Administrative Region (CAR) and the National Capital Region (NCR).
The case was set for hearing on September 24, 2009 in an Order6 of the Commission dated September 9, 2009 which also directs petitioner to publish its petition as well as the said Order in two (2) daily newspapers of general circulation.
The Petition was heard as scheduled on September 24, 2009. Petitioner, through counsel, presented on the witness stand Prof. Danton Remoto, the President of the party, who, having authenticated the documents establishing the jurisdiction of the Commission all the documents attached as annexes to the Petition, testified on direct examination and identified all the documents attached as annexes to the Petition, and answered clarificatory questions propounded by the members of the Second Division.
Thereafter, petitioner was directed to formally offer its evidence the following day during office hours. However, it failed to comply with the order.
This Petition must fail.
There are two (2) issues to be resolved in the present case, these are:
Whether or not the documents establishing the jurisdiction of the Commission and other documents can be admitted as evidence considering that the same were not formally offered; and


Whether or not petitioner should be accredited as a sectoral party under the party-list system of representation.
Anent the first issue, we hold that the evidence of petitioner may be admitted. The general rule when evidence is not formally offered is found in Section 347, Rule 132 of the Rules of Court which forbids the courts from considering evidence not formally offered. However, when evidence has been duly identified by testimony duly recorded and incorporated in the records of the case, the rule may be relaxed such that evidence not formally offered may be admitted.8
The exception may be applied to the case at bar. Petitioner, through its witness and President, Danton Remoto, sufficiently identified the pieces of evidence presented. The testimony was duly recorded and incorporated in the records of the case. Hence, the documents authenticated and testified on by witness Remoto are hereby admitted, although not formally offered in evidence by the petitioner.
Despite the foregoing, however, this Petition is dismissible on moral grounds. Petitioner defines the Filipino Lesbian, Gay, Bisexual and Transgender (LGBT) Community, thus:
"xxx a marginalized and under-represented sector that is particularly disadvantaged because of their sexual orientation and gender identity."
and proceeded to define sexual orientation as that which:
"xxx refer to a person's capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different qender, of the same gender, or more than one gender."
This definition of the LGBT sector makes it crystal clear that petitioner tolerates immorality which offends religious beliefs. In Romans 1:26, 27, Paul wrote:
"For this cause God gave them up into vile affections: for even their women did change the natural use into that which is against nature: And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompense of their error which was meet".9
In the Koran, the hereunder verses are pertinent:
"For ye practice your lusts on men in preference to women "ye are indeed a people transgressing beyond bounds." (7.81). "And we rained down on them a shower (of brimstone): Then see what was the end of those who indulged in sin and crime!" (7:84) "He said: "0 my Lord! Help Thou me against people who do mischief!""(29:30)."10
As correctly pointed out by the Law Department in its Comment dated October 2, 2008:
"The 'ANG LADLAD' apparently advocates sexual immorality as indicated in the Petition's par. 6F: 'Consensual partnerships or relationships by gays and
(2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals and good customs, established policies, lawful orders, decrees and edicts;
(3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. (As amended by PD Nos. 960 and 969)."
Petitioner should be denied accreditation not only for advocating immoral doctrines but likewise for 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 the elections".
Furthermore, should this Commission grant the petition, we will be exposing our youth to an environment that does not conform to the teachings of our faith. Lehman Strauss, a famous bible teacher and writer in the U.S.A said in one article that ''older practicing homosexuals are a threat to the youth"11. As an agency of the government, ours too is the State's avowed duty under Section 1312, Article II of the Constitution to protect our youth from moral and spiritual degradation.
We are not condemning the LGBT, but we cannot compromise the well-being of the greater number of our people, especially the youth.
WHEREFORE, premises considered, this Petition is hereby DISMISSED.
SO ORDERED.
(Sgd.) NICODEMO T. FERRER
Presiding Commissioner
(Sgd.) LUCENITO N. TAGLE
Commissioner(Sgd.) ELIAS R. YUSOPH
Commissioner

CERTIFICATION


I hereby certify that the conclusions in the above resolution were reached in consultation among the members of the Commission before the case was assigned to the writer of the opinion of the Commission's Second Division.
(Sgd.) NICODEMO T. FERRER
Presiding Commissioner


Then we proceed to a recent piece which somewhat sums up the situation.

Messages
1a. Poll exec: To be moral is not old-fashioned
Posted by: "Danton R" danton_ph@yahoo.com danton_ph
Mon Nov 16, 2009 6:39 am (PST)

Poll exec: To be moral is not old-fashioned
Written by Reynaldo Santos Jr.
Monday, 16 November 2009
Gays are already `over-represented' in the House
The Commission on Elections (Comelec) stands firm on its decision to deny a gay organization accreditation for the party list, even after the Commission on Human Rights (CHR) sided with the incensed members of the "third sex."

In response to the CHR's comment that the poll body's ruling on Ang Ladlad (literally, The Coming Out) "smacks of prejudice and discrimination," Comelec commissioner Nicodemo Ferrer said there was nothing "retrogressive" in it.

Ferrer, along with commissioners Lucenito Tagle and Elias Yusoph, on grounds the group "tolerates immorality," last week rejected Ang Ladlad's petition to participate in the party-list elections and be hopefully represented in the lower chamber of Congress.
In its petition for accreditation, the group claims to represent lesbians, gays, bisexuals, and trans-genders. It defined its sector's sexual orientation as capable of "profound emotional, affectional, and sexual orientation to, and intimate and sexual relations with, individuals of a different gender, of the same gender, or more than one gender."

Thus, the Comelec ruling that the group would be "exposing our youth to an environment that does not conform to the teachings of our faith."

Penal code applied
"In using my judgement in cases like this, of course I have to resort to my past experiences," Ferrer said about his being Catholic.

The commissioners came under fire from CHR for citing provisions in the Bible and the Koran, sacred books of the Christians and the Muslims, respectively, to stress its argument that "petitioner tolerates immorality which offends religious beliefs."
Ferrer said the use of verses from the holy books was necessary, as they "give us guidelines on how to behave morally."

"To be moral is not old-fashioned," he said, in response to Ang Ladlad head Danton Remoto's comment that Ferrer is "a very old man with obsolete ideas."

Ferrer said that the decision may have been "medieval," but it is definitely not a violation of human rights, as he assured that the provisions in the Revised Penal Code are well incorporated in the decision. "We're applying the law as it is," he said.


Gay lawmakers?
Ferrer also said that the Comelec did not present "unequal protection of law" with its decision. According to him, there are no other petitions similar to Ang Ladlad's, hence the group is not being singled out.

Besides, Ferrer said, there is no need for Ang Ladlad to join the party list because its sector is not under-represented. "Actually, [they are] over represented in the Upper and Lower House," he said.
To this, Remoto replied: "Is it correct to out gays who want to keep themselves in the
closet?" he said.

Remoto said the commissioners' use of scriptures "as props for legal arguments" is "not the proper way to argue. They should have defended their own opinion the legal way." He said their religious biases came into play in deciding on Ang Ladlad's petition. He said Ferrer is a Eucharistic minister in Pangasinan, Tagle is a director of Christian Family Movement in Cubao, and Yusoph is a Muslim imam.


Welcome intervention
Ferrer said that they are ready for interventions from groups like CHR "to give them full opportunity to express their views." The Comelec, according to him, though, has to look at the "interests" of petitioning parties to see if there are "reasons other than a valid purpose."
He said the gay group is seeking accreditation only to create a vehicle "to separate themselves from the mainstream. Do they want to impose their will against the majority?"

Remoto said Ferrer has no recourse but to accept the CHR's intervention because he could be impeached if he doesn't. Remoto said the anti torture law states that government officials who are found violating human rights will be subject to impeachment proceedings.

Ang Ladlad will be filing a petition to both Comelec and the Supreme Court this week in able to catch up with the December 1 deadline of filing of candidacies.
The commissioner said only 30% of all appeals for reconsideration are approved, and the poll body is not giving preferences to any group. (Newsbreak)

Now I present the statement of Senator Loren Legarda, candidate for vice President of the Republic.

This is the statement of support by Sen. Loren Legarda sent to me this
afternoon by her Chief Legal Counsel Atty. Anton Paredes.
Senator Loren Legarda’s Statement on the Disqualification of Ang Ladlad
Party for the 2010 Elections


As citizen and Senator of the Republic, I question the recent rejection of
Ang Ladlad Party to be a duly registered sectoral party by the Commission on
Elections (COMELEC) because of allegations of ‘immorality.’ The Comelec
invoked passages from the Holy Bible and the sacred Qu’ran to justify their
decision on Ang Ladlad’s petition for party registration.

The Republic of the Philippines is a secular state, and as such, we must
ensure the clear separation of church and state in our civil and political
affairs, as enshrined in the Philippine Constitution, Article II, Section 6.
Invoking justifications from sacred texts should not stand in the way of our
secular and liberal democratic principles and the rights for political
representation of all well-meaning Filipino citizens.

Every Filipino, regardless of sexual orientation, can exercise the
fundamental right to be represented in the country’s political affairs,
including the right to run for public office as political parties and
individuals, and to present their platform to the Filipino electorate. There
should be no room for discrimination and bigotry against any group
representing gender, ethnicity or sexual orientation from within the ranks
of our government.

We are now at a historic time when nation after nation has begun to
decisively dismantle the barriers of the past – such as those that denied
groups and individuals from being rightfully considered as equals. Many of
these barriers were premised on differences based on gender, race and sexual
orientation. While more and more countries have been embracing deserving
homosexuals as state leaders (e.g., Iceland), as ministers (e.g., France),
and as regular members of their armed forces (e.g., USA), by its recent
decision, our COMELEC is dangerously institutionalizing social exclusion and
intolerance, and degrading a party like Ang Ladlad as political pariah.

A fair and honest election, fundamentally presupposes that every legal
individual and party group aspiring for public office should be treated with
respect, without bias, and with equality, irrespective of their religion,
race, ethnicity, class and sexual orientation.
Senator Loren Lagarda

)..Quite insightful is the response of a much loved and highly respected professor at the university of the Philippines, Director of the UP Center for Women's Studies (where I have been guest speaker on several occasions

Dear Editor
Is there anyway to impeach the following Comelec Comisssioners: Nicodemo T. Ferrer, Lucinito N. Tagle and Elias R. Yusoph?

They must be impeached because they have openly decided to turn the
country into a religious state instead of a secular one. I am referring
of course to their decision to outlaw Ladlad on the basis of upholding
religious beliefs. They quote the Bible and the Koran forgetting that
they should consult the Philippine Constitution instead. Only in the
Philippines would we have high government officials who state that
obedience to religious beliefs trumps other more cogent legal
provisions as a basis for policy.

If stupidity were a basis for
impeachment, the proceedings would be quite short. Their display of
ignorance of current scientific knowledge on sexuality is quite
appalling. They should have taken the simple expedient of asking any
psychiatrist or psychologist who upholds the standards of organizations
like the World Health Organization or the American Psychiatric and
Psychological Associations. They would have been told that
homosexuality was delisted as a psychological pathology more than 30
years ago. They either did not bother to read for themselves or
consulted the psychiatric association of the Taliban when they decided
that homosexuality is an abnormality.

As a Filipino citizen who
is neither Christian nor Muslim; as a practitioner and teacher in
psychology and sexuality; as someone who cares that we do not look like
backward bigots to the world community; I urge the impeachment of these
men who have violated morals, scientific truths and our laws against
discrimination.

I am so upset. I'm gay starting today and until Ladlad gets accredited.

Sylvia Estrada Claudio, M.D. PhD.
Director, University Center for Women’s Studies
Professor of Women and Development Studies
University of the Philippines


Another venerable Senator of the Republic who will someday be as old as I spoke out in his customary frank and to the point manner. We thank our American friend George DiCarlo for picking this up for us.


http://www.philstar .com/Article. aspx?articleId= 523485&publicationSubCateg oryId=63

Joker comes to defense of Ang Ladlad
By Aurea Calica (The Philippine Star) Updated November 15, 2009 12:00 AM

MANILA, Philippines - Sen. Joker Arroyo came to the defense of Ang Ladlad, a gay organization whose petition for party-list status was junked by the Commission on Elections (Comelec) on grounds of “immorality.”

Arroyo joined several organizations, including militant groups, in asking the Comelec to reconsider its decision.
“
The Comelec’s 2nd Division acted out of bounds when it denied accreditation to Ang Ladlad’s bid to participate in the party-list elections on grounds of ‘immorality’ and for ‘being inimical to the interest of the youth,’” Arroyo said.


“The resolution reveals a deeply-entrenched prejudice against lesbians, gays, bisexuals, transgenders (LGBTs), the constituency of Ang Ladlad. So what if they are LGBTs?

Precisely because of that, as a group which has been oppressed and marginalized in all spheres of their lives, they should be allowed to exercise their basic right to representation in the House of Representatives to protect and advance their interest, the very objective of party-list representation,” Arroyo added.

According to Arroyo, the Comelec’s mandate is to ensure clean and honest elections, not to vent their ire and prejudice against gays.


All groups stand on equal footing to have party-list representation under the Constitution. The Comelec cannot, as their 2nd Division has done, discriminate against and whiplash gays, while they give party-list accreditation to cock fighters, etc.,” Arroyo said.


“The decision violates their human rights, is utterly bereft of legal basis, grounded as it was
on blighted notions of moral standards, even as it invoked the Bible and the Koran,” the senator stressed.

The Second Division, composed of Commissioners Nicodemo Ferrer, Lucenito Tagle and Elias Yusoph, refused to accredit the organization as a party-list group because their sexuality “tolerates immorality.”


Meantime, Migrante is poised to file a petition for temporary restraining order (TRO) before the Supreme Court next week if the Comelec fails to immediately resolve its motion for reconsideration of a resolution denying them a slot in the 2010 party-list polls.
Migrante chair Connie Bragas-Regalado said that barely five days are left before the 11-day period for the filing of “manifestation of intent to participate” in party-list elections but the Comelec has not acted on their motion.

“The denial of our petition to be registered as a sectoral party (that can join the polls) is already questionable. Now, the Comelec keeps us in limbo by not acting on our motion so we are preparing to seek a TRO from the Supreme Court,” she told The STAR.
Migrante was among the 25 party-list organizations rejected by the Comelec on various grounds.


From Nov. 20 to Dec. 1, the groups joining the party-list elections will have to file their manifestation. The same period was given to candidates to file their certificates of candidacy.

Regalado said that in rejecting Migrante, more than 10 million overseas Filipino workers have been denied their representation in Congress without justifiable reason.


“The Comelec should hold a hearing in order to prove that the delisting was not politically motivated. We are legal, we have the constituency and everything that is needed for us to join in the party list elections,” she added. – With Sheila Crisostomo


--
George DeCarlo
908 342 1275 (cell)

We are also indebted to George for the following comments:

Hate promoted by Comelec
InboxX

Reply |George DeCarlo to Progay, saeffriends
show details 14 Nov (4 days ago)
The Bible and Koran are quoted to support thier moral theory. Did Comelec think to look at the Philippines' Constitution that makes and clear strong separation of churchc and state? This separation in the constitution is stronger in language than the US Consitution.

I believe that many nations giving financial assistance to the Philippines needs to know about the hate.


Published on ABS-CBN News Online Beta (http://www.abs-cbnnews.com)
Home > Lifestyle > Comelec says gay party 'immoral'
Comelec says gay party 'immoral'

by Kristine Servando, abs-cbnNEWS.com/Newsbreak | 11/12/2009 8:56 PM

In this article:
Comelec Rules that Ang Ladlad poses 'risks' to Pinoy youth
Ang Ladlad to appeal decision
Danton Remoto: Comelec's ideas on homosexuals are 'obsolete

MANILA - The Commission on Elections (Comelec) on Wednesday rejected Ang Ladlad for party-list accreditation on the grounds that the party advocates "sexual immorality" and "immoral doctrines."



Ang Ladlad is an organization of gays, lesbians, bisexuals and transgenders (LGBT).
In a ruling dated November 11 [12], the Comelec said that although the party presented proper documents and evidence for their accreditation, their petition is "dismissable on moral grounds."

Page 5 of the ruling states that Ang Ladlad's definition of the LGBT sector as a marginalized sector who are disadvantaged because of their sexual orientation "makes it crystal clear that the petitioner tolerates immorality which offends religious beliefs."

The document quotes passages from both the Bible and the Koran (taken from internet site www.bible.org [13]) that describe homosexuality as "unseemly" or "transgressive."
The Comelec goes on to state that accrediting Ang Ladlad would pose risks for Filipino youth.

"
Should this Commission grant the petition, we will be exposing our youth to an environment that does not conform to the teachings of our faith," the ruling stated.

'Gays are threats to youth'

This statement is followed by a quote by preacher Lehman Strauss published in a website saying "older practicing homosexuals are a threat to the youth."
The Comelec said it is "not condemning" the LGBT community but "cannot compromise the well-being of a great number of people."

The document was signed by Commissioners Nicodemo Ferrer, Lucenito Tagle, and Elias Yusoph.

Ang Ladlad also applied for party-list accreditation in 2007, but was denied this due to the lack of regional membership in the Philippines.


'Painfully obsolete ideas'
Danton Remoto, National Chairperson of "Ang Ladlad" that pushes for LGBT rights. He also plans to run for Senator in 2010. Photo by Ralph Camus.

Danton Remoto, President of Ang Ladlad, told abs-cbnNEWS.com/Newsbreak in a phone interview that they will contest the Comelec ruling before the Supreme Court.

"This is a decision of painfully old men with painfully obsolete ideas on homosexuality. We are in the 21st century already, we are fighting for human rights. They do not know what they are talking about," he said.


Remoto, who taught literature at the Jesuit-run Ateneo de Manila University for over 20 years, criticized the Comelec's allegation that older homosexuals are threats to the youth.
"How would I have stayed in the country's premier exclusive Catholic school (Ateneo) if I were a threat to the youth?" he stated as an example.

He also took issue against the Comelec ruling's frequent citation of internet-sourced reports, saying that a legal document should at least use primary sourcing. Remoto said this spoke of "intellectual bankruptcy" among Comelec officials.

Remoto said that the Comelec ruling is offensive to the LGBT community and an insult to their human rights.


Comelec spokesman James Jimenez, however, said he does not consider the Comelec's dismissal of Ang Ladlad's petition for party-list accrediation as a human rights issue.
"They might bring it up because they might feel offended of being called immoral. In that case, it's their right to bring whatever action is deemed necessary," he told abs-cbnNEWS.com/Newsbreak in a phone interview.

He added that the right to be voted for is not absolute and is subject to reasonable regulation.


Immoral institution?

Remoto also questioned the Comelec's decision to deny the party's accreditation based on moral and religious reasons since the Constitution provides for separation between the Church and State.


Since when did the Comelec become a moral arbiter? The Comelec is a state institution, [it is] not the Catholic Bishops Conference of the Philippines," he said.

"The Comelec has no right to make decisions on morality because it is not a moral or religious institution. It is a political institution, and hence, should confine itself to politics," Remoto added.


Jimenez said it is standard for the Comelec to consider what each party-list stands for before accrediting them.

He cited the case of the Samahang Magdalo, a reformist group led by detained mutineers, who were denied party-list accreditation [14] on the grounds that they "advocated violence."
The Ang Ladlad is requesting help from the Ateneo Human Rights Center in filing a motion for reconsideration before the Comelec, before raising the issue to the Supreme Court, where Remoto believes the party may have "some hope."


All is not lost for Remoto and his crusade for LGBT rights, however, since he announced plans to run for Senator in 2010 "under a big political party." He will make a formal announcement in 2 weeks.

Should the Comelec approve his candidacy, he will be the first openly gay senatorial candidate in recent history. Report by Kristine Servando, abs-cbnNEWS.com/Newsbreak.
as of 11/13/2009 6:16 PM

--
George DeCarlo
908 342 1275 (cell)

And one more from the many pieces sent by George:

'Medieval' Comelec hit for rejecting Ang Ladlad
ANDREO C. CALONZO, GMANews.TV

Gay bashers or grand inquisitors?

Critics of the Commission on Elections are increasing. Politicians and netizens believe that the Comelec acted "medieval" after it rejected the petition of a gay and lesbian group to be accredited as a party-list group and join next year’s national elections.

“To deny representation for the LGBT (lesbian, gay, bisexual, and transgender) as a marginalized sector is outright discrimination. To invoke religion to violate their rights is sheer bigotry," said Gabriela Rep. Liza Maza in a statement sent to media on Saturday.
The Comelec’s Second Division presided by Commissioner Nicodemo Ferrer on Thursday denied Ang Ladlad’s petition on basis of “moral grounds."

In its eight-page resolution, the poll body said the group “apparently advocates" sexual immorality, which violates the Civil Code and the Revised Penal Code.

Akbayan party-list Rep. Ana Theresia Hontiveros said the Comelec’s decision could be used as basis to impeach the officials of the poll body.

“By using religion as a basis to reject Ang Ladlad’s accreditation, they have crossed the constitutional boundary between the State and religion. For that alone, they can be impeached. They should be made to read the Constitution," said Hontiveros, author of the Anti-Discrimination Bill, which grants equal rights to LGBTs.

Maza is asking the Comelec if it has already become a member of a religious group, while Hontiveros thinks that the poll body has become “homophobic and medieval" in its actions.
“It is ironic that they view LGBTs as immoral, when the LGBT community is a part of the human family. Filipino LGBTs are citizens of our country, and they deserve to be accorded with equal rights," said Hontiveros.

“Furthermore, what is the ascendancy of COMELEC to be the country’s moral compass when it has accredited the party-list of Palparan, a human rights violator?" added Hontiveros.

Critics from cyberspace

nti-Comelec statements have also flooded cyberspace. User burlanhagi of the gay site Manilagayguy.net hit Comelec for denying the LGBT community the right to be represented in government.

“Party-lists, in the first place, are supposed to represent marginalized sectors in society and not the majority. Some people need to review their basic laws and constitutions," the user said.

Another visitor of the site, poorcomelec, commented, “Hello Philippine government? 21st century na. Free society na tayo. Sana one day dumating ‘yung time na totally na ang pamahalaan sa simbahan pagdating sa social matter."

(Hello Philippine government? It’s the 21st century already. We are already in a free society. I hope there will come a day that the government would be totally separated with the Church regarding social matters.)

A lesbian user of another forum nicknamed "fireworks" questioned the “different treatment" toward members of the LGBT community.

“To say the least, homosexuals, who are said to have equal rights with other citizens, (are) treated differently because of lifestyle and sexual preference," she said.

Two years ago, the group led by professor Danton Remoto also failed to get Comelec’s nod. In the February 27, 2007 resolution, the Comelec’s Second Division then presided by Commissioner Florentino A. Tuason Jr. said that Ang Ladlad declared untruthful statements in its petition.

“Contrary to petitioner’s allegation in its petition that its membership is national in scope, reports from our field offices reveal that it doesn’t exist in most regions of the country," the resolution stated. - GMANews.TV

--
George DeCarlo
908 342 1275 (cell)

.Lets go now to look at the almost angered response of the Chairperson of the Human Rights Comission (CHR) :

George DeCarlo to Progay, saeffriends
show details 16 Nov (1 day ago)

Yes, I know others have mentioned it and it is very good that they have brought the Universal Declaration on Human Rights. But,...from the Philippine Constitution

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

http://newsinfo.inquirer.net/breakingnews/nation/view/20091115-236451/CHR-supports-gay-party-bid-to-join-partylist-polls

CHR supports gay party bid to join partylist polls
‘Comelec ban smacks of prejudice, discrimination’
By Jocelyn Uy
Philippine Daily Inquirer
First Posted 20:43:00 11/15/2009
Filed Under: Human Rights, Eleksyon 2010, Inquirer Politics
MANILA, Philippines -- The Commission on Human Rights has expressed support for the gay organization, Ang Ladlad, in its bid to join the party-list elections in May 2010, saying homosexuality is part of the diversity of the Filipino culture and must be part of Philippine politics.


CHR Chair Leila de Lima said on Sunday her office would file a motion for intervention before the Comelec in support of the gay organization's move to overturn the decision barring it from seeking congressional representation in the May elections.

It said the decision of a Comelec division smacked of prejudice and discrimination and that it appeared to be a "misplaced edifice of arcane views on homosexuality." In making such decision, the Comelec division exhibited a "retrogressive" manner of thinking towards the issue, said the CHR.


"We do not think that Ang Ladlad seeks accreditation to promote immorality in the country, but to give a voice to a marginalized sector to push for further protection of their rights," she said in a strongly worded statement on Sunday.

"It is a fact that gays are often objects of discrimination through ridicule, contempt and various forms of violence just as this decision clearly illustrates," De Lima continued.
In an eight-page resolution dated Nov. 11, the Comelec's Second Division said Ang Ladlad's petition "must fail" despite the group's fulfillment of election requirements, because the practice of homosexuality offended morals. It also said the group was "tolerating immorality."


"Homosexuality is not a counterculture... Homosexuals are part of the Filipino family and unavoidably must be part of our politics," said De Lima, a known election lawyer before she was appointed human rights chief.

She also pointed out that no governmental policy characterized homosexuality as neither illegal nor immoral, citing the Universal Declaration Human Rights, which stated that "all are equal before the law and are entitled without any discrimination to equal protection of the law."


"There is and can be no basis in law to deny the registration of the party, directly or indirectly on the grounds of homosexuality... to make assertions based on their homosexuality is patently discriminatory,” she said.
The CHR is set to file a motion for intervention so that it could formally present its views, insights and position on the issue as a "premier" national human rights institution in the country.

"The rights of the lesbians, gays and bisexuals are a human rights issue,” she pointed out.

--
George DeCarlo
908 342 1275 (cell)

I shall close with the information thqat we, and many members of the Order of St. Aelred are members of Ang LadLad

Professional Summary (When you get to be 81, there's a lot of things to add and maybe a lot forgotten,)
Amicus Missionaries of the Precious Blood, Veteran of the Korean War in Korea, former Latin teacher, (Louisville High School, Central Catholic High School, Canton Ohio), Journalist, father of the 8 most wonderful offspring in the world (who deserve a better father) , Business man (owner of 2 restaurants in Canton. Ohio), National Cursillo leader with Ralph Martin and Steve Clark, worked with Ralph Martin and Steve Clark in their developing the Life in the Spirit Seminar, served on Pastoral staff in MCC Detroit's early years, assistant pastor MCC Chicago, pastoral staff MCC Phoenix, Director of national Prison Ministry of UFMCC, Director (and Editor) of Publications for UFMCC, pastoral staff MCC Los Angeles, founder MCC's Cursillo style retreat movement, Pastor MCC Upland, pastor MCC Ventura, Administrative staff, professor,( International University, Los angeles, Union of ECU, Cincinnati, Ohio) clinical psycholgist on staff in Los Angeles, pastor MCC Auckland, New Zealand, founding pastor MCC Manila, founder The Order of St. Aelred, television guest on all popular Philippines shows regarding sex-positive theology, guest speaker for universities and organizations, founder and director of the Gay Men's Support Group, celebrant of hundreds of Holy Union sacramental weddings for same sex couples, retreat director for spiritual retreats, author of some 200 books and pamphlets on prayer, spirituality, and sex positive theology, bishop of the Cajholic Diocese of One Spirit, Philippines
,
--