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Op-Ed

R.A 11166: Anong wala sa iyo na sana meron kami?

With the IRR of the new RA 11166 being drafted, Posit Bo recommends developing an implementing policy that will actually benefit the PLHIV community instead of just pretending to do so.

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Photo by Valentin Salja from Unsplash.com

#HIVPOLICYBATASNA, but it does not end there.

Babala, asawa ni…: The views in this entry are those of the author and do not necessarily reflect the views and opinions of the publisher, or any affiliated organizations. Samakatuwid, ikinakaila ng lahat ang author! Chos!

On January 9, 2019, the President signed the “Philippine HIV and AIDS Policy act (HIV POLICY).” Like all other laws passed by Congress and signed by the President, the HIV policy must have an Implementing Rules and Regulations (IRR).

HIV and AIDS Policy Act signed into law

Under Sec. 54 of R.A. 11166, it states that PNAC (the council from R.A. 8504 by holdover capacity) SHALL promulgate the necessary IRR within 90 days from effectivity of the law.

Under this provision, the law makes a directive to create an IRR within 90 days but not mandatorily within that period. Note that the manner of the legislators crafting the provision lacked a mandatory term like “SHOULD” before the phrase  “WITHIN 90 DAYS.”

Ano daw? Kung di naintindihan, pabayaan na. Next!

I personally don’t see the need to rush in creating an IRR that’s half-baked due to time constraints. This is a crucial and integral part of the HIV policy.

The IRR of our laws must consists of detailed necessary guidelines not found in the principal law. In essence, therefore, an IRR must indicate requirements, qualifications, periods, and clarificatory provisions of ambiguously worded provisions of the law. If certain guidelines are not reflected on the principal law nor IRR, it becomes vulnerable to a question of law, which may only be judicially resolved. This is what an IRR seeks to prevent.

Department Orders (DO), Manual of Procedures (MOP), and other documents of the same nature do not have the same force and effect as the principal law nor IRR. Prudence would dictate that between now and the time of release of the IRR of the HIV policy, stakeholders must cautiously plan what and what not to include in the IRR. Otherwise, we’ll encounter a number of deadlocks not curable by mere issuance of DO or MOP, as legislation is within the jurisdiction of the legislative and questions of law is within the jurisdiction of the judiciary.

So, beshies, kalma, huwag madaliin. As my former professor would often say: “Basahin. Intindihin. Ulitin.” Eh ‘yun inulit ko nga subject ko sa kaniya.

I) ON THE DEFINITION OF TERMS:
#HIVPOLICYBATASNA but what more can be done?

Oo, madami akong issues sa buhay, kasi may kakulangan sa pakahulugan.

Sec. 3(d) of R.A. 11166 defines Civil Society Organization (CSO). Unfortunately, the definition is not clearly in consonance to the Corporation Code that is the governing law for CSOs, as non-stock non-profit corporations. CSOs under the Corporation Code are not merely considered as organizations but a corporation. 

Sec. 19 of Corporation Code provides that: a corporation (CSO) acquires legal capacity to act as such only upon the issuance of certificate of incorporation by the Securities and Exchange Commission (SEC). In the case of Cagayan Fishing Dev’t v. Sandiko (65 PHIL 233), the Court held that Cagayan Fishing Dev’t. Corporation was not a legal entity nor did it posses juridical capacity to act absent the issuance of certificate of incorporation by SEC.

Five minutes break. Tissue muna, beshie. . .Okay, ano daw? So eto na nga…

In the absence of a clear qualification of CSOs under R.A. 11166, the IRR must distinctly provide the criterion for CSOs applying for PNAC Membership under Sec. 6, par 13 – 21, of R.A. 11166 must comply in accordance with the Corporation Code; otherwise, non-compliant CSOs must be denied application for membership n PNAC absent juridical capacity to act.

Sa madaling sabi, mainam talaga na para magkaroon ng kahulugan, lagyan ng LABEL YAN! Bago mapakanta ng “best thing I never had.”

II) #HIVPOLICYBATASNA but PNAC should say ‘not even a whiff of corruption’:
ON REPRESENTATIVES OF CSO PNAC MEMBERS

“Hi! Do you remember me? I’m the senator who died, but I came back to life.” –Senator Miriam Defensor Santiago

Under Sec. 6 of R.A. 11166, CSO PNAC Members are entitled to have representatives in the Council, as sitting member. However, the law is silent as to the qualifications of the CSO representatives being a sitting member of PNAC, a government corporation created by special law.

I am strongly advocating that a minimum requirement for representatives of CSO PNAC as sitting members of a government corporation must come with qualifications that should be provided on the IRR. Absences of qualification will raise a valid question of law grounded on their legal capacity or competence to act for and on behalf of the CSO they duly represent. Unless, the legislation is intended to keep this open for more clientele in the legal profession. Panalo ang mga abogado!

A minimum requirement would set the tone that these representatives are not capable of being involved in any criminal offenses in relation to their office and that of PNAC, to wit:

  • Malversation of Public Funds Art. 217 of the Revised Penal Code;
  • Violation of R.A. 3019 or the Anti-Graft and Corrupt Practices Act;
  • Violation of the provisions of HIV Law or any other law realted thereto.

If only the legislation of HIV policy was precisely worded, I would not question: “who are qualified representatives of the CSO PNAC members?” The hope to determine this matter depends upon the stakeholders and legal consultants drafting the IRR.

Absence of a minimum requirement that clearly establishes LEGAL CAPACITY COMPETENCE free from whiff of corruption must be meted out on the IRR; otherwise, it’s a missed opportunity to clear an ambiguity on the HIV policy.

I was once asked: “what could be the measure of integrity or character” as a prerequisite to becoming a representative of CSOs PNAC member, the law provides for the measure but it must be appropriately appreciated; otherwise, failure to appropriately apply it on HIV policy, PNAC becomes a sitting duck.

If I were to put a measure of integrity on the IRR, it could be stipulated in this manner:

A representative of CSO PNAC members must not have been convicted, in the past # years for the following crimes or offenses:

Malversation of Public Funds with an attached penalty of Civil Interdiction as defined under Art. 34 of the Revised Penal Code in relation to Art. 38 of the New Civil Code;

Violation of the Anti-Graft and Corrupt Practices Act;

Violation of the HIV Policy and related laws thereto.

And during their term of office as representative for CSO PNAC Member must not be charged of the crimes as above-mentioned, in addition thereto:

Estafa or Swindling under ART. 315 of the RPC; Bribery under Art. 210 of the RPC; Violation of BP 22; and Violation of Anti-Money Laundering Law.”

All of the abovementioned crimes are in relation to monetary transactions. Considering that PNAC as a government corporation under the new law has its own SEPARATE BUDGET under GAA.

Yes, mga besh, ang tamang attitude: “A whiff of corruption makes me sick.” Sa isip, puso, gawa, at di lang puro SALITA, di ba TATAY DIGS?

I would not want a sitting member previously convicted of any of those crimes become a member of PNAC as it would be a mockery of the legality pertaining to my OWN community. In the words of the late Senator Miriam Defensor Santiago: “We should have ‘moral’ excellence. Dapat ibinoboto natin, walang bahid sa kaniyang record.” #NotAWhiffOfCorruption

Mga mumsch, dun na tayo sa moral excellence, mahirap na, balikan niyo prefaratory ko. Baka mabuhay ang patay. Kayo rin?

III) #HIVPOLICYBATASNA but who are the members of PNAC?:
ON LIST OF PNAC MEMBERSHIP

Paramihan interpretasyon, ang maubusan, uwi na lang luhaan! 

Under Sec. 6 of R.A. 11166, it provides that: “The following agencies and CSOs shall be represented in the PNAC xxx” or “Ang mga sumusunod na sangay at CSOs ay magkakaroon ng katawan sa PNAC”

HIV policy failed to clearly state under this provision it’s intent to specify with exclusivity that this is the list PNAC membership. I would have rather stated it as: “THE PNAC shall only be composed of the following agencies and CSOs as members.Specific. Exclusive. Direct

(Note. The term ‘composed’ and ‘represented’ are two different terms, as used. Please see above statements of the law and suggestion.)

Assuming arguendo,that this provision provides the composition of PNAC membership regardless of how it was stated, it is still ambiguous as to exclusivity of enumeration. The law uses the term “shall” without any exclusionary term being added. In Auction In Malinta INC. v. Warren Embes Luyaben, GR NO. 173979, the Court held that: “It must be shown that the stipulation is EXCLUSIVE. In the absence of qualifying or restrictive words such as ‘EXCLUSIVELY xxx SHALL ONLY xxx the stipulation is deemed merely an agreement xxx not as a limit.”

AMP! Sobra na, indefinite break…Balik kung kailan niyo gusto….

While it is true that ‘shall’ connotes mandatory character of a statute; this, however, is not an absolute rule in statutory construction of laws. In Gachon & Guevarra v. Hon. Devera, etc., et al., G.R. No. 116695, the Court held that: “The import of the word ultimately depends upon the consideration of the entire provision, its nature, object, and consequences that would follow from construing it one way or another.” 

Thus, the interpretation of the HIV policy is wanting of a clear stipulation as to PNAC membership under Sec. 6 but what it provides are those agencies who have definite representation in PNAC but not necessarily members of PNAC. (Note: The term ‘composed’ and ‘represented’ are two different terms)

Again, there’s today until the release of the IRR to cure the ambiguities in the principal law.

It’s not you, it’s me; kasi, umuwi akong sugatan, duguan, at yun na nga luhaan. Di naman naubusan, di lang nagka-unawaan. 

IV) #HIVPOLICYBATASNA echoing human rights in the absence of CHR Representation in PNAC:
ON PNAC AND HUMAN RIGHTS PROVISION

Tara! Laro tayo! Taguan…taguan ng kinatawan! Hindi ako anti-CHR nor Presidential fan/follower pero beshties, napa hashtag talaga akong #NasaanKaCHR.

Under Sec. 2 par. 3 of R.A. 11166, the law proudly introduces human rights as an integral part of the HIV Policy, as it states: “The state shall respect, protect, and PROMOTE HUMAN RIGHTS as the cornerstones of an effective response to the country’s HIV and AIDS situation.”

In Art. 8 of the United Nations Declaration of Human Rights, it provides the right to an effective remedy by competent ‘NATIONAL TRIBUNAL’ for acts violating fundamental rights granted by the Constitution or Law.

Eh anong pakialam niyo sa United Nations Avenue, Malate, Manila?

This generally accepted principle of international law is applicable in our country by virtue of the Doctrine of Incorporation under Sec. 2, Art. II of the 1987 Constitution.

AHHH Parte siya ng Pilipinas. Oh eh ano naman kung parte siya ng Pilipinas?

The importance of the provision fleshed out on the United Nations Declaration of human Rights is highlighted by the term “NATIONAL TRIBUNAL’, through R.A. 11166 a law reconstituting the PNAC could act not as a tribunal but rather the KEY ORGANIZATION to provide immediate and necessary legal action and aid concerning HUMAN RIGHTS in relation to HIV and AIDS through appropriate representation of legal consultants from the Commission on Human Rights with guidance of representatives of CSO PNAC Members as to advocacy aspect.

While it is also true that under Sec. 10 of R.A. 11166, it mentions protection of human rights through PNAC’s COLLABORATION with DOJ and CHR. Collaboration as a term for purposes of advancing human rights in implementation of HIV policy is not the most sustainable action in respecting, protecting, and PROMOTING HUMAN RIGHTS.

Ahh! Kailangan ng specific address kasi di madedeliver ang deliverables pag wala un specific number ng street?

A mere collaboration without a clear mandate imposed against DOJ and CHR in their participation through ‘representation’ in PNAC is  ‘weaker than weak.’

I understand that DOJ was a member of PNAC under the old HIV Law of 1998 (R.A. 8504), it might have few occasions of missing the PNAC meetings; but, our government being as it is, remains – complacent.

Eliminating DOJ’s ‘representation’ in PNAC does not necessarily resolve the problem at hand but it further causes a problem. Collaboration is a discretionary function of DOJ AND CHR under the HIV policy, therefore, there may or maybe no collaboration.

What do we do now in the absence or failure of collaboration between DOJ, CHR, and PNAC? The HIV POLICY says. . . *birds chirping*

If they fail to comply to their mandate perhaps in the IRR, a mechanism to sanction negligence of agencies with representation in PNAC must be included; but this cannot be done with the status quo,  if collaboration is retained without them being included in the representation in PNAC, as there’s no clear accountability for refusal or failure under the HIV policy. Collaboration denotes discretion, absent compelling term for it to qualify as mandatory in order to raise a legal cause of action that falls within the ambit of jurisdiction of the courts.

It is important to note DOJ’s collaboration with PNAC being discretionary in nature on the argument that they may be compelled to act upon such collaboration. Applying the doctrine of qualified political agency, DOJ as an executive organization is an agent of the Chief Executive. Therefore, they may not be compelled to perform discretionary function through judicial action. In the case of Pimentel v. Executive Secretary, G.R. NO. 158088, the Court held that: “The court has no jurisdiction to enjoin the President in the performance of his official or discretionary duties.” 

While, CHR’s exclusion to a representation in PNAC exemplifies an echo of silence. Art. XIII, Sec. 18 (3) of the 1987 Constitution indicates the function of CHR to provide appropriate legal measures for the promotion of human rights. While it is true that CHR, on its own may act upon human rights violation in relation to HIV Policy, PNAC could have included in its functions a recommendatory power to CHR representation in PNAC (should they be included) Again, PNAC in accordance to UDHR could have establish in the principal law or possibly in the IRR to act as a KEY ORGANIZATION in assisting the PLHIV Community with regards to legal matter affecting their human rights in relation to HIV POLICY.

But there’s still hope until the IRR. Perhaps, if stakeholders and legal consultants would consider the inclusion of either or both DOJ and CHR as agencies that shall be represented in PNAC considering that the ‘representation’ under Sec. 6 of R.A. 11166 does not provide exclusivity as earlier discussed. So as to avoid, #NasaanKaCHR?

Nagsimula ang batasan ng laruan kung tawagin ay taguan ng kinatawan, #NASAANSILA? Sumagot si Gloc-9: “walang natira, nag-abroad sila”

V) #HIVPOLICIYBATASNA and its misinformation:
ON MISINFORMATION AS A PROHIBITED ACT

Ignorantia legis non excusat, pero yong batas mismo inignore ka, SEENZONE, BESHIE!

Under the Sec. 22 of R.A. 11166 entitled “MISINFORMATION ON HIV AND AIDS” the provision includes: misleading advertising and claims in any form of media xxx of the promotional marketing of drugs, xxx without approval from DOH and FDA xxx claiming to be a cure or fail-safe prophylactic for HIV infection shall be prohibited.

BESHIE ANYARE. Misinformation on HIV and AIDS wer na u, dito na me.”

The law prohibits advertising of cure without DOH and FDA approval. In short “besht, bawal ka na magbenta ng pinakulong talbos ng kamote na gamot sa HIV without DOH and FDA approval.

The law neither sanctions the misleading information on HIV transmission nor prohibits purveyors sharing information of HIV transmissions through the following: watermelon to human transmission, coke to human transmission, at ang iba pang makakamandag na transmissions.

Tuloy ang ligaya ng kamag-anakan natin na nagpapakalat ng mga makakamandag na information drive campaign sa Facebook na may itinusok na HIV+ na dugo sa pakwan, mag-ingat, nakakamatay.

Under Sec. 3 (n)(x) of R.A. 11166, the law made it known to the public by legislative notice on what is HIV and how it is transmitted.

The HIV policy is heading towards an HIV-educated and informed society but is it?

Under our Criminal Law, there is the long standing rule of IGNORANTIA LEGIS NON EXCUSAT or ignorance of the law excuses no one from compliance. Furthermore, it recognizes Nullum crimen nulla poena sine lege or THERE IS NO CRIME WHEN THERE IS NO LAW THAT DEFINES OR PUNISHES IT.

In Dunlao Sr. v. CA, (G.R. No. 111342) the court held that: Crimes mala prohibita are acts that are made evil because there is a law prohibiting the same.

While it is true that ignorance of HIV and HIV transmission excuses no one from compliance, saying: “Hala kinain mo yong mansanas na may dugo ng HIV+ mahahawaan ka” will continue to horrify us in the PLHIV community. Though violation or mere ignorance of what’s in the HIV policy is a crime mala prohibita, ignorance or the misinformation of HIV AND HIV TRANSMISSION was not included in the HIV policy. Crimes mala prohibita under our criminal law need not be willful or with intent of wrong being done, mere violation of a prohibited act could be penalized as long as the law penalizes it.

HIV policy could have been the pioneer law in penalizing purveyors of FALSE OR MISINFORMATION; but it couldn’t because the law is more inclined in securing DOH AND FDA approval of cure or prophylactic.

HIV policy missed to specify a deterrent against the very “misinformation on HIV and AIDS” considering the multifarious provision on INFORMATION, EDUCATION, and COMMUNICATION. The misinformation on HIV and AIDS suddenly went missing in the prohibited acts.

As a member of the community, I’m disheartened to read misleading advertisement of drugs without DOH and FDA approval. Naamoy ko yong negosyo ng kapitbahay na inihaw na isaw without DOH approval. #BentaKaKulongKa

I also listed several issues on provisions of Confidentiality under Sec. 44 to 48 of R.A. 11166  and provisions on Discrimination under the Sec. 49  of R.A. 11166 but I’m deciding to keep it confidential as it is not an exception for me not to be discriminated by my own community, where discrimination of ideas is a norm.

Loopholes? Maybe or maybe not.

Too technical? BESHIES, batas ang pinag-uusapan natin hindi lang kemerlot sa kanto. Ganyan talaga yan.

Advocacy over legality? It can be reconciled only if there’s willingness; otherwise, yeah, just shake your heads and say: “huwag na” without hearing what is there to be said. If no reconciliation is met, just leave it to the lawyers who are paid by our government to do their job and let’s just wait for what we deserve.

I welcome the HIV and AIDS Policy Act but we could have made it better. Like all other laws, there’s an imperfection as this was drafted also by humans, just like us. But we can still do better. Not perfect, BUT BETTER. The choice is yours: “Willing ba kayo mga besh?”

I fervently hope that the IRR will be able to tighten the HIV policy and seal its loopholes. Our best opportunity to clearly provide an IRR of the HIV policy is not when the circumstances so demands, but TODAY!

We address the legalities; an airtight HIV policy and IRR is what everyone from the community desires.

As a member of the PLHIV community, I hope that we can build bridges in between gaps of ideologies to resolve a legally sound IRR that reflects both the wisdom of LEGALITY and ADVOCACY. Let us not be constrained by our personal advocacies as this are purely intended as a framework for our laws and the IRR.

Lastly, I appeal to the legal consultants sanctioned to create an IRR that genuinely reflects the sentiments of the community within the legal bounds set by existing laws. Create an IRR of the HIV policy with compassion for the PLHIV community and perhaps not just because you are paid to make the draft.

(Author’s note: I wrote this entry for purposes of self-satisfaction without any intent to belittle the efforts already made and that demanded taxing years from those in the advocacy and in the Congress. I recognized my apparent lack of authority for the time being but in God’s perfect time, I’m willing to share more than what I could for the PLHIV community as an individual but not as a part of any organization nor constrained by my personal convictions and advocacies. Mabuhay ang PLHIV Community! a luta continua vitória é certa!)

Posit Bo was "reborn" on the 9th of February 2015, when - after he was diagnosed to be HIV-positive - he said that "a new life and a new persona was created." But Posit Bo remains positive (pun intended) about his condition, which he now employs in his advocacy to educate, inspire, and motivate persons regardless of their status. "I am here to share not the virus but my story and wisdom about my condition," Posit Bo says. "I am HIV-positive, but I am still loved, hence, I won't quit but will continue living the life I want."

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Enter the alter world

Welcome to the alter world, where people tweet and retweet their or other people’s sexual engagements. Though often maligned, it actually also highlights formation of friendships, info sharing, emotional support, and even provision of a ‘safe space’ for those who wish to express their sexuality.

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Some time back, Kurt (a.k.a. @MoanerBottom) opened a Twitter account as a form of revenge. “I found out that my ex had an ‘alter’ account and he was fooling around with different people,” he recalled. And so “I wanted to prove to him that I can also do the same thing.”

Little did Kurt know at that time that he would become a mainstay in the alter world/community. A few months since opening his own alter account, he garnered over 130,000 followers, all of them craving – and even waiting – for what he would post, usually dominated by sexual encounters (“kalat videos,” he calls them) with mostly students, including a basketball varsitarian “who likes to penetrate deeply”, a Blue Eagle who allowed for his orgasm to be videoed, a Tamaraw who also allowed himself to be videoed as he orgasmed, and bending for a Red Lion.

“I must admit that I am a shy person in real life,” Kurt said. But “here in Twitter, it is like I have less shame and more courage to do kalat (contextually: shameless) posts and videos.”

Kurt is, obviously, only one of the people – not just Filipinos – with alter accounts, which many like him, say is similar to a “pseudonym — like Batman to Bruce Wayne, or Superman to Clark Kent; where people can have a separate account from their primary accounts, usually used to express themselves more ‘wildly’ yet more ‘discreetly’/anonymously.”

And so welcome to the alter world, where people tweet and retweet their or other people’s sexual “collaborations”, hookups, fetishes, fantasies and social engagements, with the audiences often never really knowing the content generators/producers/distributors.

Getting noticed

That the alter world is often dominated by sexual content is a given.

Onin (a.k.a. @Onin_NuezPH), for example, sees his alter account “as an avenue for me to express myself and my sexuality. I am able to let everyone know within the community about my sexual desires without the fear of being judged.”

Looking back, it was actually “a friend who is an alter too introduced me in this alter community,” Onin said.

One of the early instances Onin trended was when some of his nude photos circulated on Twitter. Many got curious, asking the person who previously reacted or shared the photos if there were more.

It whetted Onin’s interest; and so he started posting more photos and short videos. His followers quickly increased, reaching more than 145,000.

Taking pride that he is one of the more talked about alters out there, Onin has produced content that may seem trivial… but these have been keeping the alter community and lurkers interested, from balancing a shampoo bottle on top of his erect penis, sharing a photo of his endowment while asking his followers if they want to kneel in front him, a comparison of the length of a deodorant spray with his penis, wearing a see-through underwear, and teasing his latest sexual collaboration.

Standing out

Standing out in a platform where hundreds (even thousands) of alters saturate news feeds is a challenge. After all, it is not an easy feat to attract someone’s attention — what more to make them like, share, or follow an account.

For FUCKER Daddy (a.k.a. @ako_daddy), therefore, it all comes down to the type of content being posted, not just being well-endowed, willing to perform bareback sex, or how often the face is shown.

A licensed professional who has a son, FUCKER Daddy started as a “lurker’ (i.e. one who lurks, or just consumes content/views profiles) on Twitter. At that time, he wrote “my real-life sex stories, hoping it will pick up from there,” he recalled. “Unfortunately, alter peeps seem to be more into live action.”

And so FUCKER Daddy met someone from Telegram, without realizing that the person was “sort of (a) big (personality) on Twitter.” This guy discretely took a short clip of their sexual encounter, and then posted it on his alter account. “It was hit. (And) the rest is history.”

By August 2019, FUCKER Daddy said his inbox started receiving direct messages from different users – e.g. asking for more, congratulating him, wanting to collaborate, and so on.

He actually now has several sex videos in his cam. But he still doesn’t make recording the primary thing when engaging in sex “as my goal is to have hookups; videos are only secondary.”

Besides, he said that “I do not want to spoil the moment for sex and think only of it as merely for Twitter.”

But every time FUCKER Daddy posts a video, he said his over 95,000 followers respond to them “with enthusiasm, getting more curious and intrigued.”

Making a living

The concept of alter, however, isn’t set in stone.

For one, there are actually alter accounts whose owners prefer to use their real names and show their faces (like Onin), mixing their personal and private lives along the way. Following the Batman/Bruce Wayne and Superman/Clark Kent analogy, there are also people who follow the Tony Stark/Iron Man mantra, i.e. openly announcing that they are one and the same.

Secondly, monetizing is actually possible.

Also, one may be part of the alter community without knowing it – i.e. one engages in alter activities without recognizing it as such.

The likes of John (a.k.a. @johnnephelim on Twitter and Instagram), who has over 130,000 followers, comes to mind, using Twitter as a platform “to promote a job.”

“I do not even know that I am involved in the world of alter,” John said, adding that he did not even know what the term meant until it was presented to him. Instead, his account is used to “promote my RentMen and OnlyFans accounts”, just as he also promotes his availability for “personal appointment to people.”

John actually used to work as a brand ambassador, but because of this change in his work, he “can no longer work (in) that (field) because I am doing porn.”

He admitted that “this type of thing is double-edged.” On the one hand, “you can earn a great amount of money,” he said, “but there will be sacrifices.”

He noted, for instance, that the perception of people about me changed; most people judge you right away because of what you do, and not because of who you are as a person.”

But he ignores the naysayers; “I do not mind because this job gives more than what I expected!”

Like John, Onin also promotes his JustFor.Fans (JFF) account on Twitter to respond to the requests of his followers.

“They (my followers) want to see me in action and they are willing to subscribe too,” Onin said, with his exclusive content including: he and his partner having sex, and collaborations with other alters. “You will not earn that much, but pretty enough to compensate for the contents that we are posting.”

Not all alters think alike, obviously. FUCKER Daddy, for instance, won’t monetize his content, saying: “I value sex as it was created. I never sell any (videos) because I think it is something that is worth free. I simply treated it as making memories while those (who) watch put up the numbers.”

Behind the handles

The world of alter has actually already caught the attention of researchers.

For instance, in a study by Samuel Piamonte of the Philippine Council for Health Research and Development, Mark Quintos of De La Salle University Manila, and Minami Iwayama of Polytechnic University of the Philippines, it was found that the alter community may seem overtly sexual, but there is more to it than that.
“The sexual aspect of alter is the core of alter, but it has been enriched by more complex social benefits to users such as including formation of new friendships, sharing of information and advocacies, reciprocations of emotional support, and provision of a ‘safe space’ for those who wish to express their sexuality but find that doing so outside of the alter community could be met with stigma from their peers and family.”

Kurt sees his alter account as an avenue for him to tap his inner self and show the Twitter universe his kalat. Onin uses his alter account to broadcast his sexual side (together with his partner). And FUCKER Daddy uses his alter account as “a constant source of info, hookups, convo… and to learn social demographics as well.”

The evolution, indeed, continues.

Hate from within the community

Yes, yes, yes… with increasing numbers of followers, multiple likes and shares, and the creation of alter “celebrities”, this has not been spared from criticisms.

And sadly, said Kurt, at least in the Philippine setting, the prejudice against alters comes from within the community. “Kapuwa LGBT ang nagsisiraan at nagpapataasan sa isa’t-isa,” he said. “I know… that I cannot please everyone (but) for me it is okay, as long as I know that I am not doing anything wrong.”

Perhaps a “surprise” is the audience’s inability to “appreciate” the free content given them, with Kurt noting that there are times when “they are also pissed off with the things I post.”

This seems to contradict the findings of Piamonte, Quintos and Iwayama, since – here – the alter community can become a fearful place, too.

John, like Kurt, noted how people resort to demeaning others when they do not fit preconceived notions. But he just laughs this off, saying: “Do not hate me because I look good and make money (from) it. Life is too short to be a bitter person. If you do not like what we do, then shut the fuck up.”

The Pandora’s box, so to speak has been opened; and lessons learned along the way can just “make you stronger and bring out the best in you,” said Onin, who like many alters, “just focus on my goals.” And it is exactly because of the existence of this interchange – the content creation, and the love-hate reaction to what’s created – that alter is not going to disappear anytime soon (or at all).

Details and photos of sexual encounters were lifted from the Twitter accounts of the interviewees.

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Op-Ed

Simple but effective tips on how you can better protect trans women

Given that our lives are considered less than a lot of people, it’s easy for trans women to become victims of violence and for the perpetrator to get away with it. So our best defense against any untoward incident is to always think of our security and the security of our friends.

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These are simple but effective tips on how you can better protect the trans women in your lives in the context of a night that could go wrong. Given that our lives are considered less than a lot of people, it’s easy for trans women to become victims of violence and for the perpetrator to get away with it.

So our best defense against any untoward incident is to always think of our security and the security of our friends.

1. PICTURE.

If you are hooking up with someone, ALWAYS send a picture of the person you are hooking up with to people you trust with your life. If you are hooking up with someone from a club, bar, or any public place, ask your friend to take your picture with the person you’d be with. This can be de done discreetly or with the permission of the other person. When asking permission, tell the person that you’re taking his/her picture for security purposes.

2. ADDRESS.

If you are going to someone else’s house for a booty call, send your GPS location via Whatsapp OR text the address of your location to people you trust.

3. WAIT.

If you are walking someone home or dropping them off, do not leave until the person is already inside his/her house. Do not let your drunk or high friend go home alone, either invite your friend to your house or accompany them home.

4. “I’M SAFE” CALL/TEXT.

Always demand an “I’m safe” call/text from your friend as soon as they’re home.

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Literary Pieces

Para kay Jennifer

For Neal Roxas, may people remember the case of Jennifer Laude as a symbol of injustice; and of a world that continues to hate the beauty of LGBTQIA people.

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By Neal Roxas
Queer Quezon

maalala mo sana siya
hindi sa bakas ng mahigpit
na sakal sa kanyang leeg
o sa natapyas nyang tenga,
hindi sa pagkalublob sa inodoro
o sa puting kumot na huling
yumakap sa kanya bago—

maalala mo sana siya
sa malago niyang buhok,
mapungay na mga mata,
hatid ang init nang sya ay makilala,
sa ingay ng kalsada,
at sa sigaw ng masa,
bilang simbolo
ng pumikit-dumilat na hustisya
sa isang lipunang hindi yumayakap
kundi nananakal ng magaganda

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Health & Wellness

There are two sides to every story

In the Philippines, one in five people suffers from mental health problems. Between 17% and 20% of Filipino adults experience psychiatric disorders, while 10% to 15% of Filipino children suffer from mental health problems. But addressing mental health is not yet among the priorities in the country.

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Photo by @cottonbro from Pexels.com

It all happened one busy Monday, in between unfinished deadlines and piling up of workload. The conversation suddenly ended, and it left him dumfounded. He kept looking for answers why it happened. He questioned himself; reviewed all his replies. Everything seemed okay.

His name is Andy. He considers himself as an introvert. There may be times when he can be talkative, but “that is different; I am not face-to-face with the person.”

Sometimes, people call him a “player,” claiming that he just wants to hook them into his “game”.

What not everyone knows is that whenever he starts to be close to someone, he (un)consciously builds walls around him, preventing anyone to get through particularly when he feels there is an attempt to make a deeper connection.

Andy said his intentions are always good. But most of the time, “I am read wrong and taken negatively.”

And every time that kind of thing happens, it just contributes to the sound he has been hearing in his head.

Running away

Sometimes it takes on the form of fear… fear of the current situation or the unknown. There are times when it invades his dreams, waking him up in the middle of the night with either a bad headache or heavy breathing. It is usually mistaken as stress.

A glass of warm milk or chilled rosé, a dosage of paracetamol or Valium, counting backwards from 100 while listening to calming music – any of these usually help, but only temporary.

“I found out a few years back that I am dealing with emotional and psychological trauma. I never knew I had one,” Andy said.

A type of mental health condition, trauma is a response to a stressful event. This is usually triggered by a terrifying situation, either experiencing or witnessing it firsthand.

Edgewood Health Network Canada listed down some of the most common symptoms of psychological trauma, i.e.:

  1. Disruptive recollections of the trauma, including flashbacks
  2. Emotional and physical reactions in response to reminders
  3. Negative beliefs about oneself or others
  4. Inability to feel close to others
  5. Being easily startled
  6. Dissociation
  7. Emotional numbness
  8. Inability to remember aspects of, or all of the traumatic event
  9. Avoidance of anything that reminds one of the trauma
  10. Hypervigilance (Always being alert, scanning and assessing for threat)
  11. Difficulty concentrating and focusing on reality
  12. Inability to fall asleep or to remain asleep, frequent and frightening nightmares

“When I am interested with someone, to either date that person or befriend him, after a few days, all of a sudden I will shut down,” Andy said. “There are even times when I would literally run away towards the other direction.”

Studies show that trauma also causes anxiety. When there are frequent occurrence of situations related to what caused the trauma or constant exposure to trigger points – confusion and overwhelming emotional and psychological pain will set in – and these translate into anxiety.

In the Philippines, one in five people suffers from mental health problems. Between 17% and 20% of Filipino adults experience psychiatric disorders, while 10% to 15% of Filipino children suffer from mental health problems.

Dealing with trauma

“Sometimes it is better to be alone because you do not need to explain yourself or adjust to them,” Andy said.

According to the National Institute of Mental Health, there are three common ways to cope with trauma:

  1. Avoiding alcohol and other drugs
  2. Spending time with loved ones and trusted friends who are supportive
  3. Trying to maintain normal routines for meals, exercise and sleep

How long will it last? Unfortunately, there is no way to find out since it is not possible to expedite the healing process of trauma. But the intensity of emotional and psychological pain reduces with time.

“I create distractions whenever I feel I am placed inside a box,” Andy said. “Just recently, when I did something like that, the person suddenly disappeared. I was left hanging, I felt like I was all alone.”

Distractions are created by anyone to give themselves breathing space, a moment to take a step back and look at the big picture.

Knowing the other side of the story

Before dismissing someone who seems “different” in terms of how he/she deals with situations, it is better to look a little longer first.

Here are few ways you can help someone who has experienced trauma, as listed by HuffPost:

  1. Realize that trauma can resurface again and again
  2. Know that little gestures go a long way
  3. Reach out on social media
  4. Ask before you hug someone
  5. Do not blame the victim
  6. Help them relax
  7. Suggest a support group
  8. Give them space
  9. Educate yourself
  10. Do not force them to talk about it
  11. Be patient
  12. Accompany them to the scene of the “crime”
  13. Watch out for warning signs

Keep in mind that it is not your experience/story that you can freely make judgements on, else “attack” it after feeling sour.

Photo by Ian Espinosa from Unsplash.com

“Some five years ago everything fell apart with my life, in my career and health, my partner at that time chose to fool around and left me alone. It was shit. My friends told me that I was broken for four years,” Andy recalled.

That moment did not leave his mind until now. And it affected his trust issues with anything and everything.

A 2016 report by MIMS Today noted that in the Philippines, one in five people suffers from mental health problems. Between 17% and 20% of Filipino adults experience psychiatric disorders, while 10% to 15% of Filipino children suffer from mental health problems.

Unfortunately, it seems like addressing mental health is not yet among the priorities in the Philippines.

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From the Editor

Stop humanizing a killer

Being jailed is supposed to punish AND rehabilitate a person. In Pemberton’s case… this is arguable. So stop humanizing him. When so many of you can’t even treat the victim – Jennifer – as a human being.

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By now, we all know that when Joseph Scott Pemberton – the American serviceman who murdered Filipino transgender woman Jennifer Laude in 2014 – returns to the US, he will go back to school. Oh, he plans to take up Philosophy. And while studying, he also wants to do sports – e.g. swimming.

These info were provided to us by news outlets; courtesy of the Filipino lawyer who’s been pushing for the convicted American killer, Pemberton, to be freed for his “good conduct”.

And – SERIOUSLY – this has to stop.

Fact: Pemberton killed Jennifer. In cold blood.

Fact: Pemberton considered Jennifer as less of a human, repeatedly referring to her as “it”.

Fact: When he was found guilty, Pemberton was jailed in the custodial facility of the Armed Forces of the Philippines (AFP). Not in Muntinlupa, but in an air-conditioned “jail”.

Fact: Whether Pemberton exhibited good conduct or not is hard to ascertain EXACTLY because of the special treatment he’s been getting. (Heck, his supposed handlers should all be fired for not documenting Pemberton’s movements!)

Fact: Pemberton’s camp only recently paid what the court told him to pay the Laudes.

Fact: As mentioned in the news, Pemberton doesn’t “mind” apologizing to the family of Jennifer… though only via a statement/press release.

Being jailed is supposed to punish AND rehabilitate a person.

In Pemberton’s case… this is arguable.

So stop humanizing him.

When so many of you can’t even treat the victim – Jennifer – as a human being.
In case you’ve (conveniently) forgotten, her life was cut short.
Pemberton shoved her head in the toilet bowl until she died by asphyxiation by drowning. He then escaped after committing the crime.
She was only 26 when Pemberton killed her.
She was a breadwinner of her family.

But she is now gone.

She won’t be able to go to college.
Or study Philosophy.
Or choose any sport to have fun.

She’s dead.

And the person who killed her will live freely, even comfortably… and unapologetically.

Stop humanizing him; push to make him accountable for his crime.

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Op-Ed

Murderer Pemberton’s ‘absolute pardon’ unacceptable, ludicrous – LGBTQIA Filipinos

Unity statement of LGBTQI organizations against Pemberton’s presidential pardon, with the move said to send out a loud and clear message that a Filipino trans woman’s life does not matter and that it is open season for discrimination and violence against trans people.

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We strongly condemn the absolute pardon granted by President Rodrigo Duterte to Lance Corporal Joseph Scott Pemberton, the US marine convicted for killing Filipino trans woman Jennifer Laude in Olongapo City in 2014. 

President Duterte’s claim that Pemberton has suffered injustice when he served time in a special holding cell in Camp Aguinaldo for just 5 years and 10 months out of a 10-year jail sentence is unacceptable and ludicrous. Pemberton should have served time in the National Bilibid Prison, and the President could have granted presidential pardon to a Filipino instead of an American.

Such acts done by the President at this time confirm how his government has been using the COVID-19 pandemic as an opportunity to promote and kowtow to foreign interests which have caused profound suffering, indignity, and injustice to the Filipino people. 

In spite of earlier pronouncements from Malacañang calling the Olongapo court’s order to release Pemberton earlier as “judicial overreach,” the President’s pardon shows that his so-called support for the LGBTQI community is just mere posturing and exposes the truth about Duterte and his legacy—that as a leader, he is nothing but unjust, misogynistic, and transphobic. 

President Duterte’s pardon of Pemberton sends out a loud and clear message that a Filipino trans woman’s life does not matter, that it is open season for discrimination and violence against transgender people, and that American soldiers will continue to get away with murder in Philippine soil. 

We urge the entire LGBTQI community and our allies to unite in our opposition against Duterte’s anti-transgender, anti-LGBTQI, anti-women, and anti-people policies. Contrary to propagandists’ claims that Duterte is the president who has done the most for the LGBTQI community, all he has done is to use the LGBTQI community to further his popularity. His government never served our interests nor protected our rights and lives, and today proves that only a murderer can empathize with another murderer.

Signatories:
Call Her Ganda Documentary
Gender and Development Advocates (GANDA) Filipinas
Pioneer Filipino Transgender Men Movement 
Society of Transsexual Women of the Philippines (STRAP Kababaihan, Inc.)
Transman Equality and Awareness Movement (TEAM)
Lagablab LGBT Network
Metro Manila Pride
Philippine Anti-Discrimination Alliance of Youth Leaders (PANTAY)
UP Babaylan
Rainbow Rights Philippines
Babaylanes, Inc. 
PUP Kasarianlan
BulSU Bahaghari
Benilde Hive
TUP DUGONG BUGHAW
Gayon Albay LGBT Org., Inc.
True Colors Coalition (TCC)
Bicol University – MAGENTA
KAIBA Academic Collective
UP Babaylan – Baguio Chapter
APC Bahaghari
Queer Quezon
GALANG Philippines, Inc.
Camp Queer
UP Babaylan – Clark Chapter
Tribu Duag
LGBTQ+ Partylist
Migrante Europe
Pinay sa Holland
GABRIELA Germany

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