Of forums, discussions and goodwill (part2)
I was hoping to get this post out within a day or two of my previous one but stuff got in the way (not to mention just plain laziness and procrastination). With me leaving for Singapore in a few days, it could be posted next month if I don't do it now. :P
As I mentioned in the previous post, I was made aware of the "Know your Rights" through Vince's blog, Discreet Manila. It was literally just two hours before the said forum that I read his post and hurriedly took my lunch and got dressed to make it in time. Luckily I stayed about 15mins away from the venue (automotive traffic willing).
I arrived and was greeted warmly by an Ang Ladlad organizer. I was showed a seat directly opposite the speaker.I saw about 15 people, obviously, all of them coming from different walks of life. This is going to be an interesting discussion I thought.
A backgrounder on the discussion. About a few years back, Ang Ladlad printed a "pink card". This "pink card" was printed as an action plan for them to help the gay community, often an abused minority, to be aware of their rights. This was done because gay men and women were being wrongfully arrested (mostly, as a way to extort money) by the authorities time and time again. It is also good to note that the money used to print the "pink card" and as well as the forum itself came from the pockets of the Ang Ladlad members. For that we should give them a great heap of thanks and not give them grief as some of the community members do (a whole different topic). The forum basically discussed the details on the pink card.
So what was in this pink card? Read on (I won't replicate the whole pink card information, but rather cite what I thought are the most important parts).
When approached by a law enforcer:
1. Do not panic
2. Be polite and ask "Why?/ Bakit po?"
3. If he/she says you are under arrest/ I'm bringing you in or I'm inviting you to the precinct, ask why and what is the case/ problem (Ano ang kaso?).
4. Get the name of the law enforcer (is he really a law enforcer?)
5. Before leaving with the law enforcer, tell at least several of your friends (if possible take a photo with the law enforcer).
6. Unholstered guns and warning shots are not allowed unless in grave instances.
7. Once your freedom is restricted (in a cell, under arrest etc), you have the following rights: to be assisted by a lawyer, not to sign anything without the assistance of your lawyer etc.
I know it is hard to keep your head when a police officer approaches you that people usually panic and can't think straight. That they automatically think they are guilty of something (I blame that on our Catholic upbringing). Question is are we really guilty of something? So what are the charges that law enforcers usually use when they arrest people in bathhouses, streets, clubs etc. and are we really guilty of anything?
1. Vagrancy
- if you are reading this, you are obviously not a vagrant. You are not a vagrant if you are walking around with a purpose (going to another place for all they care. The parking lot, home, whatever). You are also not a vagrant if you are properly clothed and have money to spend. This is an archaic law, but they still use it.
2. Prostitution under the Revised Penal Code
- Only applies to women. Biogical women. Sexist but true. You're a man? Here's your escape from jail card.
3. Grave Scandal
- As long as its not in public or no one is getting scandalized. Nope. Though this is relative, would kissing another guy be scandalous to some? Sure it is. In fact, I think a grandmother once reported a couple of party-goers in Malate in the early days when she saw two guys kissing and holding hands. Tsk tsk, young-uns these days (sarcasm, in case that wasn't clear enough :D). Proper place, proper time or just don't get caught if public sex if your thing. *shrug*
4. Indecent Shows
-Meeeh, unless you organized said 'indecent shows', then you are scott-free. You can always say its for art's sake. Oh and if its done in a private place, its ok as well. As long as no one can just walk in and watch its fine. So what do you say to the officers in the gay bars if it ever happens that you are in one when it gets raided? Errrr.... I just came for the beer, and just so we are clear, they can't arrest you for drinking over-priced beer. :D
5. Violation on the Anti-trafficking law provision on prostitution
- If its two consenting adults having sex ....there is no prostitution.... there is your loophole right there. Are you guys of legal age? Then it doesn't matter what you two are doing as long as both you agreed. There is no anti-sodomy law in the Philippines. Having sex with another man is not wrong (though some sectors will disagree).
These are the basics....and probably enough to keep you informed to help you stay away from trouble with the law enforcers. There are a lot more things that can be discussed in detail. As I said the forum was pretty interesting that there were a lot of people from different walks of life that have had different experiences and concerns.
So in conclusion, what can the police charge you with if you are caught having sex with another man in a private area? Nothing. Zero. So why do they haul off customers of bathhouses to the precinct? Well, its a living.
Also remember that if they don't charge you with anything and hold you in a cell for more than 12 hours, you can charge them with illegal detention. As I said before, its all fear tactics. They will scare you into giving them some dough to let you go....but you didn't do anything wrong, under the law, in the first place. Why are we so easily scared? Because we don't know any better. Information is power, as part of the exploited minority, let us empower ourselves.
As I mentioned in the previous post, I was made aware of the "Know your Rights" through Vince's blog, Discreet Manila. It was literally just two hours before the said forum that I read his post and hurriedly took my lunch and got dressed to make it in time. Luckily I stayed about 15mins away from the venue (automotive traffic willing).
I arrived and was greeted warmly by an Ang Ladlad organizer. I was showed a seat directly opposite the speaker.I saw about 15 people, obviously, all of them coming from different walks of life. This is going to be an interesting discussion I thought.
A backgrounder on the discussion. About a few years back, Ang Ladlad printed a "pink card". This "pink card" was printed as an action plan for them to help the gay community, often an abused minority, to be aware of their rights. This was done because gay men and women were being wrongfully arrested (mostly, as a way to extort money) by the authorities time and time again. It is also good to note that the money used to print the "pink card" and as well as the forum itself came from the pockets of the Ang Ladlad members. For that we should give them a great heap of thanks and not give them grief as some of the community members do (a whole different topic). The forum basically discussed the details on the pink card.
So what was in this pink card? Read on (I won't replicate the whole pink card information, but rather cite what I thought are the most important parts).
When approached by a law enforcer:
1. Do not panic
2. Be polite and ask "Why?/ Bakit po?"
3. If he/she says you are under arrest/ I'm bringing you in or I'm inviting you to the precinct, ask why and what is the case/ problem (Ano ang kaso?).
4. Get the name of the law enforcer (is he really a law enforcer?)
5. Before leaving with the law enforcer, tell at least several of your friends (if possible take a photo with the law enforcer).
6. Unholstered guns and warning shots are not allowed unless in grave instances.
7. Once your freedom is restricted (in a cell, under arrest etc), you have the following rights: to be assisted by a lawyer, not to sign anything without the assistance of your lawyer etc.
I know it is hard to keep your head when a police officer approaches you that people usually panic and can't think straight. That they automatically think they are guilty of something (I blame that on our Catholic upbringing). Question is are we really guilty of something? So what are the charges that law enforcers usually use when they arrest people in bathhouses, streets, clubs etc. and are we really guilty of anything?
1. Vagrancy
- if you are reading this, you are obviously not a vagrant. You are not a vagrant if you are walking around with a purpose (going to another place for all they care. The parking lot, home, whatever). You are also not a vagrant if you are properly clothed and have money to spend. This is an archaic law, but they still use it.
2. Prostitution under the Revised Penal Code
- Only applies to women. Biogical women. Sexist but true. You're a man? Here's your escape from jail card.
3. Grave Scandal
- As long as its not in public or no one is getting scandalized. Nope. Though this is relative, would kissing another guy be scandalous to some? Sure it is. In fact, I think a grandmother once reported a couple of party-goers in Malate in the early days when she saw two guys kissing and holding hands. Tsk tsk, young-uns these days (sarcasm, in case that wasn't clear enough :D). Proper place, proper time or just don't get caught if public sex if your thing. *shrug*
4. Indecent Shows
-Meeeh, unless you organized said 'indecent shows', then you are scott-free. You can always say its for art's sake. Oh and if its done in a private place, its ok as well. As long as no one can just walk in and watch its fine. So what do you say to the officers in the gay bars if it ever happens that you are in one when it gets raided? Errrr.... I just came for the beer, and just so we are clear, they can't arrest you for drinking over-priced beer. :D
5. Violation on the Anti-trafficking law provision on prostitution
- If its two consenting adults having sex ....there is no prostitution.... there is your loophole right there. Are you guys of legal age? Then it doesn't matter what you two are doing as long as both you agreed. There is no anti-sodomy law in the Philippines. Having sex with another man is not wrong (though some sectors will disagree).
These are the basics....and probably enough to keep you informed to help you stay away from trouble with the law enforcers. There are a lot more things that can be discussed in detail. As I said the forum was pretty interesting that there were a lot of people from different walks of life that have had different experiences and concerns.
So in conclusion, what can the police charge you with if you are caught having sex with another man in a private area? Nothing. Zero. So why do they haul off customers of bathhouses to the precinct? Well, its a living.
Also remember that if they don't charge you with anything and hold you in a cell for more than 12 hours, you can charge them with illegal detention. As I said before, its all fear tactics. They will scare you into giving them some dough to let you go....but you didn't do anything wrong, under the law, in the first place. Why are we so easily scared? Because we don't know any better. Information is power, as part of the exploited minority, let us empower ourselves.