Dear IBP,
Ako po ay isang bakla at hindi ko po ito kinahihiya. May boyfriend po ako at pareho kami sa call center pumapasok. Ang problema ko po ay ang boss namin na sa tingin ko ay isang bakla din pero denial siya. Tuwing may meeting, lagi niya akong tinatawag na “Hoy baklang Junjun at yung boyfriend ko din, Baklang Janjan”. Kung may mali ako, sasabihin niya agad, “bakla kasi”. Nag complain napo ako sa HR, pero ang sabi lang po, “huwag ka kasi mag lipstick, para hindi ka nasasabihan.” Sabi po ng HR chief, hindi naman daw bad word ang word na “bakla”, in fact accepted na po ito, bakit daw ako magagalit? Para na lang daw yang word na “hoy lalaki, hoy babae, hoy bakla”. There is nothing either good or bad about “bakla”, only my thinking makes it so. Tama po ba ang HR Chief since openly gay po, hindi daw ako dapat mag reklamo? Minsan nga, may activity sa office, nag post siya at ang caption ay, “nag enjoy ang mga bakla sa outing!”, tapos ang nasa picture ay ako at ang BF ko. Hindi po ba libel ito?
Junjun
Dear Junjun,
Since your problem is about Facebook posts and Office Working Conditions, the following laws must be taken into consideration.
First, as to Facebook posts, the law applicable to your predicament is the crime of cyber libel, as defined under Section 4(c)(4) of the Cybercrime Prevention Act of 2012; Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. In reference to Article 355 of the Revised Penal Code, as amended, a libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means are punishable acts. Primarily, Article 353 of the Revised Penal Code. A libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
Since your issue was whether or not calling you “Bakla” in Facebook Posts would fall as a libelous statement, it would be worthy to mention the recent 2020 case of Laguerre v. Maurice, 2020 WL. 7636435, 2020 N.Y. App . This a case in New York, where it was held that “Holding False Imputation of Homosexuality is not Defamatory Per se.” The decision also stated that “Thus, there is today no necessary presumption that falsely calling somebody homosexual will harm their reputation, and such a statement no longer falls within the sphere of cases in which reputational harm can be assumed on ground of criminality, professional disqualification or the imputation of a “loathsome illness.” A false statement that does demonstrably cause economic harm to the plaintiff could still be the basis of a defamation claim, but such harm would have to be alleged and factually supported in the complaint.”
There is a similar case in the Philippines. In the case of DIONISIO LOPEZ y ABERASTURI vs. PEOPLE OF THE PHILIPPINES and SALVADOR G. ESCALANTE, JR., the Supreme Court stated that “the controversial phrase ‘CADIZ FOREVER, BADING AND SAGAY NEVER’ imputes derogatory remarks on private respondent’s character, reputation and integrity. In this light, any discussion on the issue of malice is rendered moot.” Also, it was mentioned, “an allegation is considered defamatory if it ascribes to a person the commission of a crime, the possession of a vice or defect, real or imaginary or any act, omission, condition, status or circumstance which tends to dishonor or discredit or put him in contempt or which tends to blacken the memory of one who is dead”, and “Tested under these established standards, we cannot subscribe to the appellate court’s finding that the phrase “CADIZ FOREVER, BADING AND SAGAY NEVER” tends to induce suspicion on private respondent’s character, integrity and reputation as mayor of Cadiz City. There are no derogatory imputations of a crime, vice or defect or any act, omission, condition, status or circumstance tending, directly or indirectly, to cause his dishonor. Neither does the phrase in its entirety, employ any unpleasant language or somewhat harsh and uncalled for that would reflect on private respondent’s integrity.”
But if you are discriminated because of your gender, the applicable law is Section 3 of Republic Act 9710 otherwise known as the Magna Carta of Women (MCW) provides that “All individuals are equal as human beings by virtue of the inherent dignity of each human person. No one should therefore suffer discrimination on the basis of ethnicity, gender, age, language, sexual orientation, race, color, religion, political or other opinion, national, social or geographical origin, disability, property, birth, or other status as established by human rights standards. In the case of Ang Ladlad Party List vs. Commission on Election (G.R. No. 190582), the Supreme Court ruled in favor of the Ang Ladlad Partylist, declaring that the LGBT sector deserves to participate in the party-list system on the same basis as other marginalized and under-represented sectors. Here, the battle for gender equality was upheld.
But if your working conditions were not hampered, it seems that your HR Chief was correct in saying that since you were an open gay, calling you as “bakla” was no longer derogatory. Be proud.
