College of Law
Laoag City, Ilocos Norte
By:
AGUSTIN, KENNETH PAUL CHRISTIAN M.
BARENG, JOEMAR EMIL
DANCEL, JAKE BRYSON R.
INTRODUCTION
Everyone has the right to education.1
Preparatory Statement
The Philippines is one of the most gay-friendly countries of the world. The
rights of the members of the gay community has been embraced by majority
of the Filipinos and are generally accepted in the society. The country
recognizes their contribution in various sectors; from politics, academe, media,
corporate, and various industries. As persons, they are afforded with equal
rights that should not be undermined by no other persons. The due process
and equal protection clauses of the 1987 Constitution provides:
No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the equal
protection of the law.2
Thesis Statement
The right to education is inherent in every person regardless of his age,
sex, sexual orientation, class, and religious beliefs. A person should be
accepted and respected in the exercise of his rights, particularly, the right to
be educated and the right to pursue his profession.
Background of the case
The case before us involves a college student who was enrolled in a
private non-sectarian higher education institution that expelled him due to
alleged violation of the school policy, among others, violation of the school
dress code.
The client is a homosexual male who took hormones for him to grow
breasts and to look more like that of a woman. As his physical appearance
started to change, he started using bras and eventually, started using uniforms
of the other sex. The institution prohibits crossdressing among their students and
since the client continuously violated the dress code, he was expelled. The
client claims that he was unjustly expelled and was discriminated due to his
sexual preference.
Definition of Terms
Transgender a person who have undergone medical procedure to
alter or modify his or her reproductive organ.
Homosexual a person who feels that he or she belongs to the opposite
sex without having to undergo medical procedure. It is usually rooted to the
psychological aspect of a human being.
Cross-dressing the act of wearing the attire generally used by the sex
opposite to that person performing such act.
1
2
House Rights chair hit for blocking bill on gay rights, Philip Tubeza, Philippine Daily Inquirer, 2
November 2002, p. A2
5 Section 1, Article XIV, 1987 Constitution
6 Manila Prince Hotel vs. GSIS, 78 SCAD 764
7 Abakada Guro Party vs. Executive Secretary, 469 SCRA 11
4
10
even exist. The penalty imposed by the institution is too harsh as it would
disturbingly violate the right of such student to the equal opportunity or access
to education. It would also inflict additional pressure to students because such
act would question if the feelings the student have is wrong or not accepted.
Expulsion should be strictly construed against the institution and liberally in
favor of the student, it being a derogation of rights. Expulsion should be
backed with a showing of grave misconduct or palpable violation of the
institutions policies and the burden of proof rests on the institution itself. This was
not shown by the institution. It should therefore set aside its earlier decision of
having the client expelled from the institution.
However, the right of the institution to discipline its students should not
be completely disregarded. The client may be allowed to be reinstated in the
institution provided that he will refrain from cross-dressing. This is so as not to
disturb public order and public policy within the confines of the institution. It is
heretofore advised that the client adopt the method employed by lesbians in
concealing their lactation organs. The exercise of his freedom of expression is
only limited by the school campus or any activity associated with academic
gatherings. His right to exercise such freedom shall not be deprived to him
while he is out in the society. As mentioned earlier, the Philippines is a
democratic country and has even been regarded as one of the most gayfriendly countries in the world.