Case Digest: Ang Ladlad LGBT Party vs. Comelec

G.R. No. 190582               April 8, 2010

ANG LADLAD LGBT PARTY vs. COMMISSION ON ELECTIONS 

Facts:

Comelec refused to recognize Ang Ladlad LGBT Party, an organization composed of men and women who identify themselves as lesbians, gays, bisexuals, or trans-gendered individuals (LGBTs),as a party list based on moral grounds. In the elevation of the case to the Supreme Court, Comelec alleged that petitioner made misrepresentation in their application.

Issue:

Whether or not Ang Ladlad LGBT Party qualifies for registration as party-list.

Ruling:

Ang Ladlad LGBT Party’s application for registration should be granted.

Comelec’s citation of the Bible and the Koran in denying petitioner’s application was a violation of the non-establishment clause laid down in Article 3 section 5 of the Constitution. The proscription by law relative to acts against morality must be for a secular purpose (that is, the conduct prohibited or sought to be repressed is “detrimental or dangerous to those conditions upon which depend the existence and progress of human society"), rather than out of religious conformity. The Comelec failed to substantiate their allegation that allowing registration to Ladlad would be detrimental to society.

The LGBT community is not exempted from the exercise of its constitutionally vested rights on the basis of their sexual orientation. Laws of general application should apply with equal force to LGBTs, and they deserve to participate in the party-list system on the same basis as other marginalized and under-represented sectors. Discrimination based on sexual orientation is not tolerated ---not by our own laws nor by any international laws to which we adhere.

Read More

Case Digest: Clemente vs. WCC and Rattan Art and Decorations Inc.

Clemente vs. WCC and Rattan Art and Decorations Inc., G.R. No. L-42087, April 8, 1988

Facts: 

Ricardo Clemente, a machine set-up man at Rattan Art and Decorations Inc, died of acute cardiorespiratory failure, with manifest pulmonary infarct, cardiac dilatation and marked visceral congestion. The heirs’ claim for death compensation benefits under WCA was granted. On appeal, the Commission ruled in favor of private respondent and held that the deceased died from “bangungot” which is non-compensable, there being no proof of fundamental preliminary link between the cause of death and the decedent’s work.

Issue:

Whether or not there exist a causal connection between the cause of death and the nature of work of the deceased.

Ruling:

The Court held that the deceased died of “heart failure”,not of “bangungot”. And that there exist the probability that his work, as a set-up man, caused or aggravated his illness that led to his death. The death was, therefore, compensable.

Under the WCA, there is the presumption that the illness which supervened at the time of his employment, either arose out of or was at least aggravated by, such employment. The burden of disproving such presumption was on the private respondent. Even granting that deceased did die of ‘bangungot’, such phenomena is without legal or medical basis. Where the causes of an ailment are unknown and undetermined even by medical science, the requirement of proof of causal link between the ailment and the working conditions should be liberalized.

Read More