Frequently, there are politicians and some well-meaning people, even lawyers, who tell the public that there are no laws that protect us from discrimination. On the contrary, in fact, we actually do. These laws are simply distributed in different national laws, which is why it may be better to codify them rather than create a completely new law. They are simply waiting for enforcement or implementation. They are waiting for people who would use them to vindicate their rights, since laws do not automatically operate if people would not assert their rights.
The following are laws you can check that can already address specific acts of discrimination, and unless they are validly classified for a specific group of people that the constitution categorically supports, they are deemed to be applicable to every natural person:
A. See: The Revised Penal Code
a. Article 287 on Unjust Vexation
b. Articles 282-287 on Threats and Coercion
c. Articles 290-291 on the Discovery and Revelation of Secrets
d. Articles 353-362 on Libel and Slander
e. Article 364 on Intriguing Against Honor
B. See: The Anti-Sexual Harassment Act of 1995 (RA 7877)
C. See: Anti Torture Act of 2009 (RA 9745), Anti-Photo and Video Voyeurism Act of 2009 (RA 9995), Anti-Child Pornography Act (RA 9775), and Anti-Trafficking in Persons Act (RA 9208).
D. See: Anti-Graft and Corrupt Practices Act in the Philippines (R.A. 3019, sections 3 and 9) on prohibiting public officials to unduly injure any party or neglect one's duty, after appropriate request, without justification, among others. See also: PD no 1829 on the Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders.
E. See: The Anti-Bullying Act of 2013
F. See: Anti-Violence Against Women and their Children Act of 2004 (RA 9262)
G. See: Civil Code of the Philippines, Chapter 2 (Human Relations)
a. Articles 19 to 21 – against abuse of rights, provide general sanctions, and fill in countless gaps in the statutes, which leave so many victims of moral wrongs helpless, even though they have actually suffered material and moral injury (Report of the Code Commission; Albenson vs. Court of Appeals, 217 SCRA 16; Manuel vs. People, 478, SCRA 461). These provisions allow relief for victims who are injured by acts – whether done willfully or negligently–which, at a certain dimension, even appear legal (See: Llorente vs. Sandiganbayan, 202 SCRA 309 on the unjust discrimination even if there were legal grounds).
b. Article 26 provides a list of acts, although they may not exactly are criminal offenses, which can cause an action for damages, prevention, and other reliefs. The list includes "prying into the privacy of another's residence, meddling with or disturbing the private life or family relations of another, intriguing to cause another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition."
c. Article 27 allows victims to file for damages if they are unduly discriminated or neglected by public employees, without just cause, when asked to perform their official duty. Another administrative case can be filed against them.
d. Articles 29 to 31 explains that criminal and civil complaints can be filed separately, and civil cases only require a preponderance of evidence while criminal cases require proof beyond reasonable doubt.
e. Article 32 enumerates the circumstances where a person can file a civil action against anyone who impairs the rights and freedoms acknowledged therein.
f. Article 33 allows civil action for damages due to fraud, defamation, physical injury, and can be proceed independently of a criminal action.
g. Article 34 deplores discrimination done by police.
As far as the LGBTQ+ are concerned, Dean Vitug who served as a member of the Supreme Court said that our family and civil laws already allow them to co-own properties for as long as they are not married to any other person. The Insurance Commission allows LGBTQ+ couples to register their partners are insurance beneficiaries, for as long as they do not have any other spouse that can have a claim on their property. They can also inherit from each other through testamentary succession. No law prohibits them from being parents or legal guardians.
If anyone is aggrieved, the Rules of Court must be observed.
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