SENT ATES

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS. 7“
First Regular Session

HOUSE BILL NO. ER\ACE

3245) - se eSSTRATION UNIT

Introduced by Representative Linabelle Ruth R. Villarica

EXPLANATORY NOTE

This bill seeks to eliminate discriminatory practices based on sex, sexual orientation or gender
identity by proscribing and penalizing several discriminatory practices as assured by the equal
protection clause in the Bill of Rights which requires that “laws operate equally on all persons
under similar circumstance or that all persons must be treated in the same manner.

The fundamental law also declares that the State values the dignity of every human person and
guarantees full respect for human rights (Section 11, Article Il, 1987 Constitution). It also
imposes on the State the duty to ensure the fundamental equality before the law of women
and men

Likewise, the Philippines is also a signatory to numerous international agreements that seek to
ensure respect for human rights of all persons regardless of sex, sexual orientation or any other
condition. These international human rights instruments have consistently been interpreted by
international institutions, such as the UN Human Rights Committee (UNHRC) and the UN
committee on Economic, Social and Cultural Rights to include protection against discrimination
on the basis of sexual orientation.

In Toonen v. Australia, the UNHRC interpreted Article 26 of the International Covenant on Civil
and Political Rights (ICCPR), which obliges States to “guarantee to all persons equal and
effective protection against discrimination on any ground such as race, color, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status, to
include a protection against discrimination on the basis of sexual orientation. The Committee
on Economic, Social and Cultural Rights has also interpreted Article 2 of the ICESCR to include
sexual orientation in the Covenant’s non-discrimination provision.



Lesbians and gays continue to be oppressed by the iniquitous treatment of society, primarily
because of misconception and ignorance and this a reality as they are still considered as second
class citizens because of their sexual orientation. Hence there is an urgent need to define and
penalize practices that discriminates this sector of society to correct the long-standing
discrimination against them.

This bill was filed during the 16 Congress. Due to time constraints however, no further action
was taken on it.

This bill is filed for the consideration of this 17" Congress. Support for the enactment of this
measure is earnestly requested.

Skt Larner

LINABELLE RUTH R. VILLARICA


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 8245

Introduced by Representative Linabelle Ruth R. Villarica

N
PROHIBITING DISCRIMINATION ON st pasis OF SEXUAL ORIENTATION OR GENDER
IDENTITY (SOG!) AND PROVIDING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known and cited as the “Anti SOGI
Discrimination Act."

SEC. 2. Declaration of Policy. - The State recognizes the fundamental right of every
erson, regardless of sex, age, class, status, ethnicity, color, disability, religious and political beliefs,
sexual orientation or gender identity, to be free from any form of discrimination. It shall therefore
intensify its efforts to fulfill its duties under international and domestic laws to respect, protect and
fulfill the rights and dignity of every individual.

Towards this end, the State shall exert efforts to address all forms of discrimination and
violence on the basis of sexual orientation or gender identity and to promote human dignity as
enshrined in the United Nations Universal Declaration on Human Rights, the Convention on the
Elimination of All Forms of Discrimination Against. Women, particularly the General
Recommendation No. 28 on Non-discrimination Based on Sexual Orientation and Gender Identity,

Convention on the Rights of the Child, International Covenant on Civil and Political Rights,


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International Co

veniant on Economic, Social and Cultural Rights and all other relevant and universally

accepted human rights instruments and other international conventions to which the Philippines is a

snatory of.
SEC. 3.

as follows:

Definition of Terms. — As used in this Act, the following terms shall be defined

a. “Discrimination” refers to any distinction, exclusion, restriction, or preference

whi

and

ich is based on any ground such as sex, sexual orientation, gender identity,

which has the purpose or effect of nullifying or impait

1g the recognition,

access to, enjoyment, or exercise by all persons on an equal footing of all rights

and

freedoms. For purposes of this provision, the actual sex, sexual orientation

,or gender identity of the person subjected to discrimination shall not be relevant

for

the purpose of determining whether an act of discrimination has been

committed.

or juridical, to:

“Gender Identity” refers to the personal sense of identity as characterized,

among others, by manner of clothing, inclinations, and behavior in relation to

masculine or feminine conventions. A person may have a male or female
identity with the physiological characteristics of the opposite sex.

“Sexual Orientation” refers to the direction of emotional sexual attraction or

conduct. This can be towards people of the same sex (homosexual
orientation) or towards people of both sexes (bisexual orientation) or
towards people of the opposite sex (heterosexual orientation).

SEC. 4. Discriminatory Practices. - It shall be unlawful for any person, natural


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(a) include sexual orientation or gender identity, as well as the disclosure of
sexual orientation, in the criteria for hiring, promotion, transfer, designation, work
assignment, re-assignment, dismissal of workers, and other human resource movement
and action, performance review and in the determination of employee compensation,
career development opportunities, training, and other learning and development
interventions, incentives, privileges, benefits or allowances, and other terms and conditions

of employment: Provided That, this provi:

n shall apply to employment in both the private

sector and public service, including military, police and other similar services: Provided,

ion shi

Further That this prol cewise apply to the contracting and engaging of the
services of juridical persons;
(b) refuse admission or expel a person from any educational or training institution

‘on the basis of sexual orientation or gender identity: Provided, However That the right of

educational and training institutions to determine the academic qualifications of thi

students or trainees shall be duly upheld;
(c) impose disciplinary sanctions, penalties harsher than customary or similar
Punishments, requirements, restrictions, or prohibitions that infringe on the rights of the

students cn the basis of sexu:

i orientation or gender identity, including discriminating
against a student or trainee due to the sexual orientation or gender identity of the student's
parents or legal guardian;

(4) __ refuse or revoke the accreditation, formal recognition, registration or plan to
organize of any organization, group, political party, institution or establishment, in
educational institutions, workplaces, communities, and other settings, solely on the basis of

the sexual orientation or gender identity of their members or of their target constituencies;


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(e) deny a person access to public or private medical and other health services
open to the general public on the basis of such person's sexual orientation or gender

identity

{f) deny an application for or revoke a professional or other similar kind of
license, clearance certification or any other similar document issued by the government
due to the applicant's sexual orientation or gender identity;

(9) deny a person access to or the use of establishments, facilities, utilities or
services, including housing, open to the general public on the basis of sexual orientation or
gender identity: Provided, That the act of giving inferior accommodations or services shall
be considered a denial of access or use of such facility or service: Provided, That this
prohibition covers acts of discrimination against juridical persons solely on the basis of the

sexual orientation or gender identity of their members or of their target con:

(b) subject or force any person to undertake any medical or psycholo

examination to determine and/or alter the person's sexual orientation or gender identity
without the expressed approval of the person involved, except in cases where the person
involved isa minor and below the age of discernment in which case prior approval of the
appropriate Family Court shall be required. In the latter case, the child shall be represented
in the proceedings by the Solicitor General or the latter's authorized representative; and

(i)... Harassment by members of institutions involved in the enforcement of law
and the protection of rights of any person on the basis of sexual orientation or gender
identity. Among other cases, harassment occurs when a person is arrested or otherwise
placed in the custody and subjected to extortion, physical or verbal abuse, regardless of

whether such arrest has legal or factual basis. Harassment of juridical persons on the basis



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of the sexual orientation or gender identity of their members, stockholders, benefactors,
clients, or patrons is likewise covered by this provision.

SEC. 5. Administrative Sanctions. - Willful refusal of a government official whose
duty is to investigate, prosecute, or otherwise act on a complaint for a violation of this Act

to perform such a duty without a v.

ground shall constitute gross negligence on the part
of the official.

SEC. 6. Penalties. - Any person who commits any discriminatory practice described in
Section 4 shall, upon conviction, be penalized by a fine of not less than One hundred
thousand pesos (P100,000) bu* not more than Five hundred thousand pesos (P500,000) or
imprisonment of not less than one (1) year but not more than six (6) years, at the discretion
of the court. In addition, the court may impose upon a person found to have committed any
of the prohibited acts the rendition of community service in terms of attendance in human
rights education's familiarization with and exposure to the plight of the victims.

Ifa graver offense motivated by bias, prejudice, or hatred against sexual orientation
or gender identity is committed, such shall be meted the corresponding maximum penalties
depending on the severity of the offenses.

Any action arising from: the violation of the provisions of this Act shall prescribe in
three (3) years.

Nothing in this Act shall preclude the victim from instituting a separate and
independent action for damages and other affirmative reliefs.

The penalties provided under this Section shall be without prejudice to

administrative liability for government officials and employees.


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SEC. 7. Inclusion of SOG! Concerns in All Police Stations. - The Women and Children’s
Desks now existing in all police stations, shall also act on and attend to complaints/cases
covered by this Act. In this regard, police handling said desks shall undergo appropriate

trainings with human

hts-based approach to include among others gender sensitivity and
awareness in proper terminology, dynamics of lesbian, gay, bisexual, and transgender
(LGBT) relationships and hate crime investigations.

Complainant-minors can be represented by parents, guardians or a non-government
organization of good standing and reputation.

SEC. 8. Separability Clause. - If any provision of this Act is declared unconstitutional
or otherwise invalid, the validity of the other provisions shall not be affected thereby.

SEC. 9 . Repealing Clause. - Ail laws, decrees, orders, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,

_ LINABELLE RUTH R..VILLARICA” ~~