Pura Luka Vega stressed that the performance was an expression of Catholic faith reflecting how Jesus would interact with the queer community if He were alive in this era.

MANILA – The Manila Regional Trial Court dismissed charges against drag queen Pura Luka Vega for violation of Article 201 (immoral doctrines, obscene publications, and exhibition and indecent shows) of the Revised Penal Code.

“The prosecution utterly failed to discharge the burden of proof beyond reasonable doubt that the act complained of constitutes an indecent or immoral play, scene, actor show which are proscribed by the penal code,” the ruling stated as written by Judge Czarina E. Samonte-Villanueva of the Manila Regional Trial Court Branch 184.

The charges stemmed from Pura Luka Vega’s drag performance using the Catholic mass song “Ama Namin” in 2023 which went viral on social media. The complaint was filed by religious group Hijos del Nazareno.

In a statement, Pura Luka Vega offered the victory to the LGBT community. Pura Luka Vega stressed that the essence of democracy lies in the art and expression and the guaranteed freedoms. “Sa huli, matapang kong masasabing nanaig ang hustisya. Matagal ko na pong napatawad ang mga taong nanutya at nagdiwang sa aking pinagdadaanan,” Pura Luka Vega said. “Sa true lang, sa mga bakla at naiiba sa lipunan, patuloy tayong lumaban at i-claim natin ang karapatang maging tunay na tayo.” (In the end, I can boldly say that justice prevailed. I have long forgiven those who mocked and celebrated my suffering,” Pura Luka Vega said. “To be honest, to my fellow queer people and those who are different in society, let us continue to fight and claim our right to be our true selves.)

A powerful defense

The statements of the prosecution’s witnesses accused that the performance was disrespectful because of the impersonation of Black Nazarene and sang “Ama Namin” in a different tune. However, the witnesses of the defense presented compelling statements.

Shahani Adhel Gania, one of the defense’s witnesses, said that he is familiar with Pura Luka Vega’s work of doing queer Jesus: “a version of Jesus Christ for the queer people, a Jesus that is accepting towards everyone, including the LGBT people, and it is something that he would expect in a gay queer pride party.” The event took place after the last day of the pride month in Gravity Art Space, a non-religious setting, where the performance transpired.

Religious expert Christopher Joseph N. San Jose, who is also a local pastor in the LGBT-affirming church Open Table Metropolitan Community Churches, said that the drag performance of Pura Luka Vega was not blasphemy as it has nothing to do with the dogma or doctrine of the church.

He agreed that it is possible for various members of the communities to portray Jesus the way their community sees Jesus as it was the nature of religion. He added that sometimes, these portrayals can offend other people who do not feel the same way because of different perspectives of appreciating what they consider as God or sacred.

Pura Luka Vega stressed that the performance was an expression of Catholic faith reflecting how Jesus would interact with the queer community if He were alive in this era. 

Prof. Lisa Ito of the Concerned Artists of the Philippines said that she considered drag as a form of performance art. She stressed that morality, religious and political beliefs should not limit artistic expression as it disregards the diversity of Philippine society. 

The prosecution of Pura Luka Vega, meanwhile, caused a chilling effect on the art community, Ito said. “By chilling effect, it means that it created an impression among artists that if you continue to create works exploring the different types of expressions, you could be censored, threatened, or trolled.”

Double standards

Bahaghari, an alliance of LGBT organizations and formations, welcomed the court’s decision and demanded the repeal of Article 201 of the Revised Penal Code, given the “double standards” in the art and expression of those belonging in the LGBT+ community. 

“Higit sa malisyosong akusasyon, si Pura Luka Vega ay mas makabuluhan ang pagsisikap para sa karapatang pantao kesa sa kaniyang mga complainants. Nakasama natin si PLV sa pagbubuo ng LGBTQ+ Agenda  kung saan mahusay niyang inilahad ang mga karanasan bilang Advocacy Officer ng Rainbow Rights Philippines,” Bahaghari added.

(Beyond the malicious accusations, Pura Luka Vega’s efforts for human rights are more meaningful than those of their complainants. We worked with PLV in developing the LGBTQ+ Agenda, where they effectively shared their experiences as the Advocacy Officer of Rainbow Rights Philippines.)

The acquittal, LGBT organization Rainbow Rights Philippines (R-Rights) said, is a gift in time for Pride Month, affirming people’s right to freedom of expression and freedom to exercise one’s own beliefs.

“Despite the acquittal, we recognize the chilling effect of the antiquated laws that are used as basis to file criminal cases against any drag artist or any artist for that matter. These laws must be repealed,” R-Rights said in a statement.

The court ordered the release of the bond worth PhP72,000 posted by Pura Luka Vega for his provisional liberty. (AMU, DAA)