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Position Paper: Government Institutions On The Legalization of Same-Sex Civil Marriages in The Philippines I

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Lance Genghis A.

Guste November 12, 2019


Midterm Paper Understanding Culture, Society, and Politics

Position Paper: Government Institutions on the Legalization of Same-Sex Civil


Marriages in the Philippines

I. INTRODUCTION

The Philippines is considered to be a gay-friendly country. However it is reported that


Filipino LBGT community are having troubles in bullying within campus, discrimination
from families, schools, and even the community.​[1] ​Lesbian, gay, bisexual, and transgender
people from all over the world continues to face difficult challenges. ​The birth of new hostile
cultural landscape is resulting in an increase in verbal and physical violence against LGBT
people, especially those who are members of other minority communities. These verbal and
physical violence towards LGBT people will be more large-scale and more plain to see in the
community with the rise of hate speech towards the LGBT community.​[2] ​All of which
contributes to the delay of same-sex couples to be legally married in the Philippines because
the House Bill 6595 filed by Speaker Pantaleon Alvarez was debated but has not been voted
on in the senate. The bill would bestow the rights and privileges of the conventional couples
to same-sex couples to ensure the equality of all citizents. The rights include the ability to
jointly adopt, inherit property, obtain tax benefits, share insurance, and pension benefits​[3]

II. PURPOSE STATEMENT

The aim of this paper is for the Department of Social Welfare and Developement
(DPWH), Department of Health (DOH), and the Department of National Defense (DND) to
establish a stand on the ​legalization of same-sex civil marriages here in the Philippines. The
current views of each governement institution towards the LGBT community which will then
determine their side on the legalization of same-sex civil marriages on each institution of the
government. The specifics on each will be tackled and weighed to determine if the issue will
bring positive or negative effects to the government.

III. BACKGROUND

Starting off with the Department of Social Welfare and Development which is a
government institution and their ​mission is to provide social protection and promote the
rights and welfare of the poor, vulnerable and the disadvantaged individual, family and the
community.​[4] Currently, the Philippines has an abandoned children problem due to extreme
poverty, natural disasters such as typhoons, and armed conflicts within the country. More
than 1 percent of the Philippine population are neglected children amounting up to 1.8
million children surviving without a family to take care of them through tough times. The
main problem that caused this was the lack of social workers to provide services for a city
with nearly 12 million people as stated by Alita C. De Ocampo, a social worker in charge of
the Department of Social Welfare’s Adoption Resource and Referral Section for Metropolitan
Manila. She needed to hire more staff and establish guidelines to speed up the adoption
process.​[5]
Lance Genghis A. Guste November 12, 2019
Midterm Paper Understanding Culture, Society, and Politics

Next up is the Department of Health, which is the principal health agency in the
Philippines. It is responsible for ensuring access to basic public health services to all Filipinos
through the provision of quality health care and regulation of providers of health goods and
services.​[6] The plan of DOH from 2016 until 2022 is to ensure that services are always
available for both the well and the sick, to provide an efficient and functional network of
health facilities, and to make the health services less expensive because services are
predominantly financed by PhilHealth.​[7] United Nations Programme on HIV/AIDS
(UNAIDS) states that the number of new HIV cases in the Philippines has more than doubled
in the past six years from an estimate of 4,200 in 2010 to an estimate of 10,500 in 2016. The
most notable cases of HIV are from males who have sexual intercourse with males since data
in 2016 showed that 83 percent of newly reported HIV cases occurs among males who have
sex with other males and transgender women who have sex with males.​[8] At the end of 2018,
the UNAIDS recorded about 13,384 new HIV cases which is 203 eprcent higher than cases
recorded in 2010, with only about 4,419. Dr. Louie Ocampo, the UNAIDS Philippines
country director, stated that condom is affordable yet very effective in preventing HIV
transmission but men who had sexual intercourse with other males do not use a condom. If
this trend continues then the Philippines might reach 201,000 HIV cases in just eight years.​[9]

Last is the Department of National Defense (DND), which is an executive department


of the Philippine government that guarantees Philippine security, territorial integrity and
sovereignty.​[10] The primary government department under DND is the Armed Forces of the
Philippines (AFP), which is crucial for maintaining the growing economy. The AFP is
mandated to maintain sovereignty, support the Constitution and defend the territory of the
Philippines from all sources of threat, and to develop citizen reserves for forces in national
​ On the year 2009, Ernesto Toress, the spokeperson of the AFP, invited gay men
security. [11]
and lesbians to join the Philippine Military. Even though it seems to be a small triumph for
gay men and lesbians, they are mandated to ‘hide’ their sexuality as stated in the Military’s
Code of Ethics and to always observe proper decorum. Despite that stand, the AFP are
against homosexuals since they might affect the chances of success for a mission. Another
reason is the security risk of having LGBT in AFP because they can easily be blackmailed, in
exchange for sexual favors or to avoid humiliation from their peers thus also affecting the
unity of their fellow soldiers.​[12] After 8 years, the AFP aims to be “A World-Class Armed
Forces, Source of National Pride”. The organization respects, protects, and fulfills the rights
of the Filipino people. It would be taboo for the AFP to discriminate against LGTB
individuals as stated by AFP Brigadier General Jac Motril. For him, as long as the person is
interested and passed the requirements in the AFP, then regardless of their gender it will not
be an issue. Mortil personally knows LGBT individualls in AFP such as a lesbian Technical
Sergeant who was commended for her “remarkable physical strength” and even exceeded that
of the males. Another is a gay soldier whom Mortil first met in 1985, had the rank of Private,
serving as a mess assistant for a commanding general of an infantry division. He has since
retired, then ranked as a Master Sergeant in the army.​[13]

Now that each of the government institutions have been tackled along with how the
issue of LGBT affects each of them in a certain aspect and possibilities of how the LBGT can
contribute to change. It is necessary first to see the position of each of the government
departments, with regards to their views on the LGBT rights which will eventually lead to the
issue of Same-Sex Civil Marriages in the Philippines.
Lance Genghis A. Guste November 12, 2019
Midterm Paper Understanding Culture, Society, and Politics

IV. ARGUMENT

Moving on to the stand of each government department and their perspective on


same-sex civil marriage ​to ensure the equality of all citizents. The rights include the ability to
jointly adopt, inherit property, obtain tax benefits, share insurance, and pension benefits.

Department of Social Welfare and Development Stand

If I were the DSWD secretary, I would stand positive with legalizing same-sex civil
marriage and also the anti-discrimination bill towards LGBT so that they may fully express
themselves for who they are and share their love towards the children who needs it the most. I
as the head of DSWD will use that opportunity to employ LGBT people as a social worker in
order to help maintain the welfare and development of 1.8 million children who are living by
themselves. I would also allow LGBT couple who are wedded in the name of law to legally
adopt abandoned children in order to give the children a better life.

Department of Health Stand

If I were the DOH secretary, I would stand with legalizing same-sex civil marriage
and accepting the anti-discrimination bill towards LGBT. Research suggests that LGBT
couples live longer, enjoy better health, and experience lower rates of depression compared to
unmarried LGBT couples. Married LGBT couples can potentially lower the risk of HIV cases
by increasing access to care and prevention services that were only available before to the
traditional couples.​[14] This will help reduce HIV and AIDS cases given that the Philippines
has the fastest growing cases of HIV and AIDS on 2018 as stated in the fourth paragraph. I as
the DOH secretary would gladly accept the anti-discrimination bill so that LGBT individuals
who has a passion for pursuing a job in the Health Sciences may equally be treated in their
communities and to serve the Filipino community as health experts.

Department of National Defense Stand

Lastly, if I were the DND secretary then I would stand with the legalization of
same-sex civil marriage and the anti-discrimination bill towards LGBT because if someone is
a Filipino then they are obliged to love and protect their motherland despite their religion,
gender, language, and many aspects that differ among them. Each of the Filipino are
encouraged to join the AFP in order to protect the country and increase man-power. Given
that same-sex civil marriages are accepted, then more LGBT individuals would be more
motivated or driven to protect their homes and family which reside in the country. The only
reminder that I would like to request is the continued respect of the LGBT community in AFP
rules and regulations.

V. CONCLUSION
VI.
In conclusion, the idea of an open-minded government organizations would most
likely bring peace and prosperity in the country and especially within the community. There
are still many rules and laws that are needed to be reviewed and adjusted to carefully match
the society that we want to live in. A society where all citizens are treated equally.
Lance Genghis A. Guste November 12, 2019
Midterm Paper Understanding Culture, Society, and Politics

VII. REFERENCES

1. ^Tang, X. & Poudel, A. (2018).​ Exploring challenges and problems faced by LGBT
students in the Philippines: A qualitative study. ​Retrieved from
https://www.alliedacademies.org/articles/exploring-challenges-and-problems-faced-b
y-lgbt-students-in-philippines-a-qualitative-study-10855.html#1
2. ^Wright, E. (2017). ​Challenges Face LGBT Community In 2017, But A Backlash
Unlikely to End Trend Toward Inclusiveness, Researcher Says. ​Retrieved from
https://www.newswise.com/articles/challenges-face-lgbtq-community-in-2017-but-a-
backlash-unlikely-to-end-trend-toward-inclusiveness-researcher-says
3. ^Thoreson, R. (2018). ​Philippine Supreme Court Considers Same-Sex Marriage.
Retrieved from
https://www.hrw.org/news/2018/06/19/philippine-supreme-court-considers-same-sex-
marriage
4. ^Arellano Law Foundation. (2019). ​Department of Social Welfare and Development​.
Retrieved from ​https://www.lawphil.net/administ/dswd/dswd.html
5. ^Kaiman, J. & De Leon, S. (2016). ​The Philippines has 1.8 million abandoned
children. Here’s what keeps many from adoption. R ​ etrieved from
https://www.latimes.com/world/asia/la-fg-philippines-orphans-adv-snap-story.html
6. ^DOH. (2019). ​About us. ​Retrieved from ​https://www.doh.gov.ph/about-us
7. ^DOH. (2016). ​All for health towards health for all. ​Retreieved from
https://www.doh.gov.ph/sites/default/files/basic-page/Philippine%20Health%20Agen
da_Dec1_1.pdf
8. ^DOH. (n.d). ​Philippines addresses rising trend in new HIV infections. ​Retrieved
from ​https://www.doh.gov.ph/node/10649
9. ^Pedrajas, J. (2019). ​PH is country with the fastest growing HIV cases – UNAIDS.
Retrieved from
https://news.mb.com.ph/2019/10/21/ph-is-country-with-fastest-growing-hiv-cases-una
ids/
10. ^DND. (2013). ​DND Vision and Mission, DND Proper Mission and DND Proper
Quality Policy. ​Retrieved from
http://www.dnd.gov.ph/transparency/about-dnd/dnd-visionand-mission-dnd-proper-m
ission-anddnd-proper-quality-policy.html
11. ^Global Security. (n.d). ​Philippine Department of National Defense. R​ etrieved from
https://www.globalsecurity.org/military/world/philippines/dnd.htm
12. ^OutRight. (2009). ​The Philippines: Acceptance of Gays in the military does not
mean equality (YET). R ​ etrieved from
https://outrightinternational.org/content/philippines-acceptance-gays-military-does-no
t-mean-equality-yet#endnote
13. ^Pascual, P. (2017). ​‘It would be taboo to discriminate LGBT people’ - AFP.
Retrieved from
https://outragemag.com/it-would-be-taboo-to-discriminate-lgbt-people-afp/
14. ^Mermin, J. (2016). ​Marriage- A social determinant of Health?. ​Retrieved from
https://www.hiv.gov/blog/marriage-a-social-determinant-of-health
Lance Genghis A. Guste November 12, 2019
Midterm Paper Understanding Culture, Society, and Politics

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