fullman*

For the latest Philippine news stories and videos, visit GMANews.TV

UPDATE (9/2/09): Six of those who were arrested last Friday were only released today, five days after they were detained. The Head Prosecutor reversed the decision of the Fiscal finding probable cause in the complaint filed by the police.

Alta theater in Cubao was raided again last Thursday by the police and was subsequently closed down by the Mayor. Last night, another establishment catering to gay/bi/trans clients was also raided. We had to be in a police precinct till 3 AM this morning, and come back again late, and wait for hours till formal charges were filed late in the afternoon – all in the name of an ordinance that imposes a maximum fine of P200 per violator.

Too much hassle, right? Those who were arrested are still being held by the police. They have been detained for more than 12 hours before the arresting officers arrived and confirmed that formal charges would be filed. The police dragged its feet, timed the filing of the complaint just when the weekend court is about to close. The prosecutor said that with no court open, there can be no arraignment, and therefore the bail could not be granted. We have to wait for the court to open on Tuesday to secure the release of the arrested individuals. That’s more than 72 hours of jail time for an ordinance so important the violation of which could lead to maximum of P200 fine. (Unfortunately, I cannot give the other details because we are still securing an early release).

Let’s call a spade a spade. These raids are not done in the exercise of the rule of law. These are extortion activities, the kind of law enforcement that compromises the rule of law and erodes whatever trust we have on the government and our law enforcement agencies. Assuming that in some of these unjust raids certain violations of local laws or obscure national policies have been committed, the proportionality of police response betrays the motive behind the action – to extort. It’s easy money, and we know that law enforcement can be a lucrative profession. Everybody in the establishment earns – the police, the local or national officials, and sometimes even the mainstream media. (Read here a case background on a raid in Alta that shows how the interests of the police and the media converge)

Extortion, however, is just a part of the story. The other involves impunity, and a sense that abusive behavior by the police towards the LGBT community is acceptable precisely because we are the dregs of the society – nobody would notice, nobody cares. Among us, those who are rich can just pay for their release and go back to their invisible lives, and those who are not can just be forgotten.

We may not have an anti-sodomy law in the country, but some laws, when enforced by the police, have the effect of criminalizing homosexuality. The application of these laws are, more often than not, is flawed, and most of the charges would be dismissed by the court. But whether it is the archaic or mundane laws like the prohibition on public scandal and vagrancy, or special and more severe laws like the anti-trafficking law or the revised penal code, the message is clear – the majority label us as the so-called ‘third sex’ because we are third-class citizens in our own country.

But if I were the police, I’d be careful. This is the type of injustice that can give birth to a movement. The next time they contemplate organizing a raid, it would be prudent and wise to remember one word, just one word: Stonewall.

QC to close down theaters with lewd shows
By Julie M. Aurelio
Philippine Daily Inquirer
First Posted 20:18:00 08/29/2009

Filed Under: Theatre, Cinema

MANILA, Philippines—After closing down one such theater in Cubao last week, the Quezon City government threatens to shut down business establishment that feature indecent shows and prostitution of any kind.

Quezon City Mayor Feliciano Belmonte Jr has directed the Business Permits and Licensing Ofice to identify other establishments which may be violating laws on public welfare and morals.

In particular, Belmonte is seeking to clamp down on the showing of indecent and lewd shows and prostitution in such establishments.

“Other theater and establishment owners whose business tolerates prostitution of any type are warned,” he said as he directed BPLO head Pacifico Maghacot to closely work with the Quezon City Police District.

The BPLO and the QCPD will be monitoring such establishments following the recent closure of the Alta Theater on Aurora Blvd in Cubao, after Belmonte received reports of lewd shows at the rundown theater.

Around 64 men were rounded up on Thursday at the Alta Theater after Belmonte ordered its closure because of complaints that it had become a haven for male prostitution.

Belmonte ordered the QCPD to continue its investigation of the operator of the Alta Theater for violating provisions of PD 969 or the law on anti-lewd and pornographic shows.

Police also seized six rolls of pornographic films during the raid and serving of the closure order, which was received by security guard Rolando Rejana.

The QCPD earlier recommended to Belmonte and Maghacot the closure of Alta Theater following the arrest of 11 persons believed to be involved in male prostitution on August 12.