On 11 November 2009, the Second Division of the Commission on Elections (COMELEC) promulgated a Decision denying accreditation to Ang Ladlad, a lesbian-gay-bisexual-transgender (LGBT) partylist organization.

COMELEC denied the petition because in its mind, Ang Ladlad is an advocate of immoral values and pose serious risks to the children because it is an organization of homosexuals. COMELEC cited the Book of Romans from the Christian Bible and a passage from the Qur’an as bases of its Decision.

No surprise there. In his article Oppose COMELEC, Support the Ang Ladlad Movement, fellow FV contributor Ryan Tani lists the following members of the Second Division with their backgrounds, to wit –

1. Nicodemo Ferrer – Extraordinary Eucharistic Minister, Our Lady of the Purification Parish, Binmaley, Pangasinan

2. Lucenito Tagle – Past president of Christ the King Parish Pastoral Council in Greenmeadows, Quezon City

3. Elias Yusoph – an Imam or Muslim leader who has been linked to former commissioner Virgilio Garcillano

Akbayan Partylist Representative Risa Hontiveros is absolutely correct in asserting that the COMELEC’s duty is to implement the party-list law. “If Ang Ladlad was able to fulfill the requirements for accreditation, then the group should be accredited. The views of the COMELEC officials on homosexuality is (sic) absolutely immaterial, and their religious beliefs do not supersede our laws and our Constitution.”

Under Republic Act No. 7941 (Partylist Law), COMELEC can accept or deny an organization’s petition for accreditation based on any of the following grounds –

(1) It is a religious sect or denomination, organization or association, organized for religious purposes;

(2) It advocates violence or unlawful means to seek its goal;

(3) It is a foreign party or organization;

(4) It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;

(5) It violates or fails to comply with laws, rules or regulations relating to elections;

(6) It declares untruthful statements in its petition;

(7) It has ceased to exist for at least one (1) year; or

(8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.

Failing to prove that Ang Ladlad committed any of the infractions cited in the law, COMELEC’s role to accredit it should therefore be purely ministerial.

But no! The old fogeys of the Commission’s Second Division chose to follow their medieval and outdated beliefs. In so doing, these Commissioners committed palpable violations of the Constitution. Let me count the ways how –

Article II, Section 6: The separation of Church and State shall be inviolable.

Article II, Section 11: The State values the dignity of every human person and guarantees full respect for human rights.

Article II, Section 26: The State shall guarantee equal access to opportunities for public service   x   x   x

Article III, Section 5:   x   x   x   No religious test shall be required for the exercise of civil or political rights.

Article XIII, Sec 16: The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged.

How can we trust these people to bring us to the 21st century of modernized elections if they insist on their outdated, outmoded, and medieval prejudices?

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