Filipino Trans Lives Matter, Filipino Lives Matter

RIGGED, FLAWED, AND UNFAIR

by: Lhirry Demin

On the 11th of October, 2014, a Filipina transgender woman named Jennifer Laude was killed by a US Marine, Joseph Pemberton. The Philippine National Police (PNP) and Regional Crime Laboratory Office officially released a report confirming she died due to asphyxiation by strangulation and drowning, with her head submerged in a toilet bowl. The US Marine who committed this crime confessed during his first stand on the Olongapo City Regional Trial Court Branch 74 that she killed her and used the trans panic defense, a strategy in which the defendant will try to justify his violent actions by claiming that there were unsolicited sexual advances made by the victim. On December 1, 2015, the Olongapo Regional Trial Court found Pemberton guilty of homicide and was sentenced ten years from the original twelve years, denying him bail. This devastating incident has drawn a lot of rage and activism from trans rights activists, the LGBTQIA+ community, human rights activists, and Filipinos who were against the Visiting Forces Agreement between America and the Philippines.

Pemberton was released on September 2, 2020, due to his accumulated Good Conduct Time Allowance (GCTA) and Branch 74 of the Olongapo City Regional Trial Court granted Pemberton’s partial motion of reconsideration. He was granted absolute pardon by the President last September 7, 2020. According to  Article VII, Section 19 of the 1987 Constitution, the Philippine President, with his executive power may grant pardons to prisoners. Conditions that allow for granting pardon include prisoners able to serve one-half of their supposed prison term and prisoners of old age. In an aired taped press briefing, President Duterte justified his decision by saying that our country did not treat Pemberton fairly.

 DOJ Undersecretary, Markk Perete said that aside from deportation, Pemberton will also be blacklisted on the Bureau of Immigration (BI) from entering or returning to the Philippines. Julita Laude, the mother of the murdered Jennifer Laude expressed disappointment and disbelief towards the President who promised the family before that for as long as he is in power, Pemberton will not be freed. In her statement, she said that even ten years of detention is a short time to do in exchange for her daughter’s life. 

The pardon given has raised indignation and outcry not just amongst the victim’s family, LGBTQIA+ community, critics of the American presence in our country, but also to Filipinos who see that our justice system is rigged, flawed, and unfair with the hashtag, #JusticeforJenniferLaude. 

As a trans woman and a trans rights activist, I am upset and enraged with this. The killing of my trans sister, Jennifer Laude, is a reflection of how intergenerational transphobia is inculcated amongst cis heterosexual individuals, how the justice system is biased against the poor and marginalized minority.  President Duterte pardoning Pemberton speaks a lot about where his priorities lie. It is an insult to Laude’s family, to my trans community, and to every Filipino who is wronged by our justice system

The basis for GCTA is unjustifiable and I stand firmly that there was no unfair treatment given to him since Pemberton was never detained under Philippine custody. He was not detained at the New Bilibid Prison in Muntinlupa City as ordered by the Olongapo City Court and was locked up instead inside a Joint United States Military Advisory Group Detention Facility at Camp Aguinaldo in Quezon City on Oct. 22, 2014,  in an air-conditioned container van where only US and PH military officials are the only ones allowed to enter. He had restrictions with his liberty yet he still received privileges and special treatment even in incarceration. 

The Court of Appeals ordered Pemberton to pay for the damages and civil indemnity he caused to Jennifer Laude and her family and even if there was money involved — no one gets to dictate how people cope with grieving and loss because no amount of money would bring someone’s life back.

To the ones reading this, you do not get to define transphobia. You do not get to trivialize the struggles of trans women just because it is peculiar in your heteronormative culture. We matter, trans lives matter. When we strip our trans womanhood, we are still humans who deserve protection, recognition, and equal opportunities just like any of you. Our government has been ignoring and preying on the poor and the marginalized minority. This has to stop. We are getting mocked, discriminated, misgendered, and insulted almost every day and I, as a trans woman, will not tolerate all of these. 

The system must listen to the outcry of the Filipino people and deliver change starting with providing adequate justice and implementing policies tailored for equal protection and rights for all and not only with those who have power and influence as well as educating people that diversity is not synonymous to danger or harm. I am also urging our education system to propagate more gender sensitivity and SOGIE forums and discussions. It is time to slowly get rid of school policies that are not inclusive.

Representation of our community plays a vital role. Trans representation in the various platforms would allow people to see and educate themselves about us. Hate crime, violence, and bullying against trans people exist because they lack knowledge and understanding about us. I also request our officials to pass the SOGIE Bill. SOGIE bill is not an anti cis/straight bill nor an exclusive LGBTQIA+ bill, it recognizes the struggle of all people who are discriminated in workplaces and settings that deprive them of opportunity just because of their sexual orientation, gender identity, and gender expression. All people have SOGIE, some are just apprehensive in learning it because they feel the concept is new and does not concern them.

We have to be critical with Jennifer Laude’s case and remind ourselves that if we are apathetic and allow injustice and abuse like this — you allow other trans women, marginalized minorities, the poor, the underprivileged, and the rest of the Filipinos to be harmed.

Trans Lives Matter, Filipino Trans Lives Matter, Filipino Lives Matter. 

I, as a trans woman, encourage you to advocate for equal rights and protection of the Filipino transgender community and the Filipinos in general. Support the SOGIE Bill. Start the discussion, be an ally, and be the change you want to see in the world.