Nograles hits back at Comelec, says he can't find gays in Congress

MANILA, Philippines - A smiling Speaker Prospero Nograles yesterday took a swipe at the Commission on Elections (Comelec) for declaring that Congress is actually “over-represented” by gays and lesbians, saying he could not find any.

“That’s a very interesting observation and kind of funny because as Speaker, I have a hard time figuring out who is what and what is who? And why is who a what, or why is what a who?” he said in a text message.

The Comelec determines the qualifications of parties and candidates in every political exercise.

“The Comelec is the constitutional office that determines the who, the what, the how, and the when as far as conduct and qualifications of candidates and accreditation of parties are concerned,” Nograles pointed out.

Ang Ladlad, the gay party-list group that Comelec refused to accredit, nevertheless still has legal options. “Of course the legal remedy is to go to the Supreme Court when you feel aggrieved by the decision of the Comelec,” he said.

Comelec commissioner Nicodemus Ferrer, chairman of the second division that threw out Ladlad’s petition, argued that gays and lesbians need not seek accreditation because they are not marginalized after all, and are in fact “overly represented in Congress.”

“I have been telling them (Ladlad), you are not under-represented… actually you are over-represented in the Lower House and Upper House,” the retired Sandiganbayan justice told reporters.

He refused to give names, however.

Ferrer argued that by getting elected, gay officials have already proven that members of the third sex can be part of the “mainstream community” and should therefore not be considered marginalized.

He explained further that by seeking representation as a sectoral party in Congress, Ang Ladlad is actually pushing its members away from the mainstream.     

“By their petition, they are seeking to separate themselves from the mainstream. They are also Filipinos and they are also human so why look for a vehicle to separate themselves from the mainstream? What’s their purpose?” Ferrer asked.

In its ruling, the Comelec argued that allowing Ang Ladlad’s participation in the party-list elections would expose the youth to immorality.

Supporters of Ang Ladlad and even the Human Rights Commission have criticized the poll body for its “medieval” position. The group vowed to appeal the Comelec’s decision before the Supreme Court if necessary.

Ferrer argued that the decision has sufficient legal basis, citing Revised Penal Code Article 201, which also calls immoral “those who shall publicly expound or proclaim doctrines openly contrary to public morals.”

“To be moral is not old-fashioned and to be modern does not mean that you are no longer moral,” Ferrer said in reaction to critics.

He said an appeal would help concerned parties settle the issue once and for all.

Recto: Let people decide

Former economic planning secretary Ralph Recto, taking up the cudgels for Ang Ladlad, urged the Comelec to reconsider its decision.

“There is nothing immoral in advancing the human rights of members of the LGBT (lesbians, gays, bisexuals, and transgender) community, especially at a time when they still feel the evils of discrimination in our society, particularly in the workplace,” he said in an email to reporters.

He said the Comelec should leave Ang Ladlad’s fate to the electorate.

“Eventually, it will be the Filipino people who will decide on the fate of Ang Ladlad. If the organization indeed represents a sector that is marginalized and underprivileged, the electorate will validate it by a decisive vote,” he said.

He added that more groups are needed in Congress to promote the rights and welfare of certain marginalized sectors. 

Meanwhile, Malacañang refused to be dragged into the controversy, saying it is best handled by the Comelec. — Jess Diaz, Paolo Romero