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ON
HOUSE BILL NOS. 1981, 3972 AND 6904

=======================

1. House Bill No. 1981, introduced by Edith Yotoco-Villanueva, entitled "An Act To Provide For A Community Service Program For Convicted Prisoners, Creating For The Purpose Community Service Camps, And Appropriating Funds Therefor."

          We reiterate and adopt our earlier comment on this same bill which is hereunder quoted in toto,           viz:

"It is our submission that persons convicted to suffer the penalty of imprisonment for less than six years and one day should be exempted from community service or detention in the Community Work Camps because these convicts can avail of the probation law. However, a recidist can be covered under the proposed bill for he cannot avail of probation."

 "We recommend that the Commission on Human Rights be included among government agencies that shall formulate and issue the necessary Implementing Rules and Guidance for the effective implementation of the Act."

2. House Bill No. 3972, introduced by Representatives Narciso D. Monfort and Manuel P. Parcon, entitled "An Act Adopting Community Service As An Alternative Penalty For Certain Offenses In Lieu Of Deprivation Of Liberty Or Payment Of Fine."

          We also adopt our previous comment on this same bill, the complete text of which is quoted           hereinbelow:

"We recommend that this proposed act to be known as COMMUNITY SERVICE LAW OF 1998 be taken jointly with House Bill No. 1981 which is known as "COMMUNITY SERVICE PROGRAM ACT." The subject and objectives of the two bills are similar."

3. House Bill No. 6904, introduced by Rep. Gerardo S. Espina, entitled "An Act Making Community Service A Penalty In Lieu Of The Imprisonment Ranging From One (1) Day To Thirty (30) days Imposed For Crimes Under R.A. 3815, Otherwise known as The Revised Penal

            Code, And Special Or Local Laws."

          This measure should also be taken jointly with House Bill No. 1981. While the objectives of the two (2) bills are similar, the subject of the latter bill absorbs the former.

          We noted however that the common purpose of the bills recognizes by implication that jail condition in the Philippines does not serve its rehabilitation purpose.

          On this score, we suggest the following:

1.  The bills should be lumped into one;

2.  Considering the provisions of P.D. 968, as explained earlier, we recommend that the consolidated bill should instead cover the following penalties:

a.  Prision Mayor - 6 years and 1 day to 12 years;

b.  Pecuniary liabilities under Article 38 of the RPC; and

c.  Subsidiary penalty under Article 39 of the same code.

          The foregoing recommendation is in full accord with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by General Assembly Resolution 39/46 of 10 December 1984 and in regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, adopted by the General Assembly on 9 December 1975.

          Early passage therefore of House Bill Nos. 1981, 3972 and 6904 as one consolidated bill is sought by the Commission on Human Rights.

          Quezon City 6 September 2000

ON
HOUSE BILL NO. 7165

"Otherwise Known as the Lesbian and Gay Rights Act of 1999"
(Introduced by Congresswoman Bellaflor J. Angara-Castillo)

==========================

           House Bill No.7165 proposes to promote and protect the lesbian and gay rights. It defines lesbians as women-loving women, who are sexually, physically and emotionally attracted to and closer to women and prefer women as their partner. Gays are referred to as men-loving-men, who are physically and emotionally attracted and closer to men and prefer men as their partner. Homosexuality refers to the tendency of an individual either a biological man or a biological woman, to self-identify himself or herself to the opposite sex and be sexually, physically and emotionally attracted to and prefer to establish an intimate relationship with his or her own sex.

          The Commission on Human Rights supports the main objective of this bill which is to avoid sexual discrimination against gays, lesbians and homosexuals. It seeks to promote the human rights of homosexuals, lesbians and gays, access to employment, public service, primary health care and education.

          The Commission, however, manifests reservations on some provisions of the bill.

          Section 5 of the said bill seeks to recognize the domestic partnership that is to protect the right of lesbian or gay partners to be registered for and entered into a sort of marriage agreement. While the bill does not mention marriage, said provision amounts to marriage of same sex to form a domestic partnership which is contrary to the concept of marriage to be protected under international instruments of human rights, the Philippine Constitution and the Family Code.

          The bill seeks to make the domestic partnership of the same sex to recognize all the rights of a marriage and to be registered and licensed by the Local Civil Registrar which in violation of the Philippine Marriage Law.

Article 1 of the Family Code defines marriage, as follows:

"Marriage is a special contract of permanent union between man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code."

          Under Section11, a marriage license is required and said marriage has to be registered with the Civil Registrar. Marriage is a special contract between man and woman and not of the same sex for the establishment of conjugal and family life. One of basic purpose of the marriage is the procreation of children. Procreation and the formation of a conjugal and family life as a basic element of marriage as an institution. It seeks to establish the family as the fundamental unit of society and a basic autonomous social institution to be protected by the State.

          Article II, Section 12 of the Philippine Constitution reads:

"The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government."

          The proposed bill is also instrument with some international interests on human rights.

          Article 10 of the International Covenant on Economic, Social and Cultural Rights reads:

          "The State Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.

2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits.

 3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of percentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health dangerous to life or likely to hamper their normal development should be punishable by law. States should also set aside age limits below which the paid employment of child labour should be prohibited and punishable by law."

           Article 23 of the International Covenant on Civil and Political Rights also reads:

          "1. The family is the natural and fundamental group unit of society and is entitled to            protection by society and the State.

           2. The right of men and women of marriageable age to marry and to found a family            shall be recognized.

           3. No marriage shall be entered into without the free and full consent of the intending            spouses.

           4. State Parties to the Covenant shall take appropriate steps to ensure equality of rights            and responsibilities of spouses as to marriage, during marriage and at its dissolution. In            the case of dissolution, provision shall be made for the necessary protection of any            children."
        
          Marriage that is a contract between husband and wife is mutual for themselves which is specific and given to them alone. It is a personal union in order to cooperate with God in the generation of children.

          It is universality recognized that homosexual acts as acts of grave depravity, tradition has always declared that "homosexual acts are intrinsically disordered." They are contrary to the natural law. they close the sexual act to the gift of life. They do not proceed from a genuine.

           On the access to equal military, and other institution, the Commission on Human Rights has taken a position in connection with the policy set by the Armed Forces of the Philippines not to recruit homosexuals, lesbians and gays in the military force. The recruitment of homosexuals involve the military discipline as well as security of the State as a just and valid policy which the CHR supports.

          As homosexuals do not choose their homosexual condition; for most of them it is a trial. They must be accepted with respect, compassion and sensitivity. Every sign of unjust discrimination in their regard should be avoided.

          Quezon City , 4 May 2000