SEP 1 0 2019
Republic of the Philippines =: y
HOUSE OF REPRESENTATIVES =
Quezon City WS
/NDEX OY
EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__ 4474

Introduced by Hon. Francis Gerald Aguinaldo Abaya

EXPLANATORY NOTE

Article Ill, Section 1 of the 1987 Constitution provides that no person shall be
denied the equal protection of the laws. Further, Article 1 of the Universal Declaration of
Human Rights states that all human beings are born free and equal in dignity and rights.
The right to be treated equally and fairly is such a basic human right that the framers of
our Constitution as well as the General Assembly of the United Nations deemed it to be
the very first among all the rights which must be protected. The hostile discrimination and
oppression still experienced by Filipino lesbians, gays, bisexuals, transgenders, intersex,
and queers (LGBTIQs) speak of the continuous failure of the State to protect the very
dignity of its own citizens.

To comply with the constitutional mandate, this bill seeks to address the issue by
penalizing those who commit discriminatory practices as well as provide for redress
mechanisms in such cases. The proposed legislation also requires the government to
pursue initiatives and programs to foster nondiscrimination. By combining both preventive
and proactive measures, the bill hopes to finally uphold the State’s guarantee to provide
equal protection of the laws to all Filipinos.

In view of the foregoing, immediate approval of this bill is earnestly sought

Brae’ Ze

FRANCIS GERALD AG! 10 ABAYA
Representative, First District, Cavite


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__ 4474

Introduced by Hon. Francis Gerald Aguinaldo Abaya

AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL
ORIENTATION OR GENDER IDENTITY OR EXPRESSION (SOGIE) 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 as the "SOGIE Equality Act”.

SEC. 2. Declaration of Policy. - The State recognizes the fundamental right
of every person regardless of sex, age, class, status, ethnicity, color, disability,
religious and political beliefs, sexual orientation, or gender identity or expression, to
be free from any form of discrimination. It shall therefore intensify its efforts to fulfill its
duties under the Equal Protection Clause and the Bill of Rights provisions of the
Philippine Constitution, and 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, marginalization and violence on the basis of sexual orientation, or
gender identity or expression, 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, International Covenant 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 signatory. In the enforcement of
this Act, all due respect shall be accorded to the fundamental right of parents in the
upbringing of their children in accordance with their religious convictions. In all matters,
the best interest of children shall be paramount

SEC. 3. Definition of Terms. — As used in this Act:
(a) Child refers to a person below eighteen (18) years of age or older but

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who is incapable of taking care of oneself as defined under Republic Act No.
7610, as amended;

(b) Discrimination refers to any distinction, exclusion, restriction, or
preference which is based on any ground such as sex, sexual orientation,
gender identity or expression, and which has the purpose or effect of nullifying
or impairing the recognition, access to enjoyment, or exercise by all persons on
an equal footing of all rights and freedoms. The actual sex, sexual orientation,
or gender identity or expression of the person subjected to discrimination shall
not be relevant for the purpose of determining whether an act of discrimination
has been committed;

(c) Gender expression refers to the way a person communicates gender
identity to others through behavior, clothing, hairstyles, communication or
speech pattern, or body characteristics;

(d) 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, in which case
this person is considered transgender;

(e) Hate crimes refer to criminal offenses committed against a person or a
group of persons, or against such targeted person's or group's honor or
property, motivated in whole or in part by the offender's bias against gender,
‘sexual orientation, gender identity or expression;

(f) LGBT Community refers to the collective of persons who are male and
female homosexuals (gays and lesbians, respectively), bisexual, and
transgender;

(g) Marginalization refers to a condition where a whole category of people
is excluded from useful and meaningful participation in political, economic,
social, and cultural life;

(h) Sex refers to male, female, or intersex. Intersex refers to people born
with the sex characteristics (including genitals, gonads and chromosome
patterns) that do not fit typical binary notions of male or female bodies, all of
which are natural bodily variations along a spectrum;

(i) Sexual orientation refers to the direction of emotional, sexual attraction,
‘or conduct 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) or to the absence of sexual attraction (asexual
orientation); and

(j) Stigma refers to the dynamic devaluation and dehumanization of an
individual in the eyes of others which may be based on attributes that are
arbitrarily defined by others as discreditable or unworthy, and which result in
discrimination when acted upon.


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

or juridical, to engage in discrimination as defined in this Act, which shall include:

(a) Denying access to public services to any person on the basis of sexual
orientation or gender identity or expression;

(b) Including sexual orientation or gender identity or expression, as well as
the disclosure of sexual orientation, in the criteria for hiring, promotion, transfer,
designation, work assignment, reassignment, dismissal of workers, and other
human resource movement and action, performance review, and in the
determination of employee compensation, access to 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 provision shall apply to employment and
skills training in both the private sector and public service, including military,
Police, and other similar services: Provided, further, That this prohibition shall
likewise apply to the contracting and engaging of the services of juridical
persons;

(c) Refusing admission or expelling a person from any educational or
training institution on the basis of sexual orientation or gender identity or
expression, including discriminating against a student or trainee due to the
sexual orientation or gender identity or expression of the student's parents or
guardian: Provided, however, That the right of educational and training
institutions to determine the academic qualifications of their students or trainees
shall be duly upheld;

(d) Imposing disciplinary sanctions, penalties harsher than customary or
similar punishments, requirements, restrictions or prohibitions that infringe on
the rights of the students on the basis of sexual orientation or gender identity
or expression, including discriminating against a student or trainee due to the
sexual orientation or gender identity or expression of the student's parents or
guardian;

(e) Refusing or revoking 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 or
expression of their members or of their target constituencies;

(f) Denying 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 or expression;

(g) Denying an application for or revoking a professional or other similar kind
of license, clearance, certification on, or any other similar document, except
marriage license, issued by the government due to the applicant's sexual
orientation or gender identity or expression;


(h) Denying 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 and gender identity and expression: 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, further, That establishments
will make available the existing toilets with facilities designated for persons with
disabilities also as gender neutral toilets: Provided, finally, That this prohibition
covers acts of discrimination against juridical persons solely on the basis of the
sexual orientation or gender identity or expression of their members or of their
target constituencies;

(i) Subjecting or forcing any person to undertake any medical or
psychological examination to determine or alter, or both, the person's sexual
orientation or gender identity or expression without the expressed approval of
the person involved, except in cases where the person involved is a 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;

(j) Harassment, coercion, or threats committed 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 or expression. Among other
cases, prohibited acts under this section include arresting or placing under
custody, and subjecting a person to extortion, physical, verbal abuse, or sexual
abuse, regardless of whether such arrest has legal or factual basis.
Harassment, coercion, or threat of juridical persons on the basis of the sexual
orientation or gender identity or expression of their members, stockholders,
benefactors, clients, or patrons is likewise covered by this provision;

(k) Publishing information intended to "out" or reveal the sex, sexual
orientation, or gender identity of persons without their consent, when such has
not been made known by the person/s concerned, and has been made with
malicious intent or is primarily motivated by a desire for commercial profit;

(!) Engaging in public speech, except religious speech meant to shame,
insult, vilify, or which tends to incite or normalize the commission of
discriminatory practices against LGBTs, and which acts or practices in turn,
intimidate them or result in the loss of their self-esteem;

(m) Subjecting persons or groups of persons to harassment generally
defined as such unwanted conduct, pattern of conduct, act, or series of acts
which tend to annoy, insult, bully, demean, offend, threaten, intimidate, alarm,
or create a hostile or emotionally distressing environment, or put them in fear
of their safety; and which behavior is motivated in whole or in part by the
offender's bias, belief, or perception regarding the offended party's gender,
sexual orientation, gender identity or expression, regardless of whether the


belief or perception is correct. Such prohibited act may include physical assault,
stalking, or making derogatory comments, slurs or lewd propositions, and may
be conducted through any form of medium including, but not limited to, visual
representation, broadcast communication, correspondence or communication
through mail or any telecommunication device, or through the internet or
cyberspace;

(n) Subjecting any person to gender profiling or to any investigatory
activities, which include (1) unnecessary, unjustified, illegal, or degrading
‘searches to determine whether an individual is engaged in an activity presumed
to be unlawful, immoral, or socially unacceptable; and (2) recording and
analyzing a person's psychological and behavioral characteristics to make
generalizations about a person's sexuality or to assist in identifying a particular
subgroup of people's sexual orientation or gender identity;

(0) Preventing a child under parental authority, custody, or guardianship
from exhibiting or expressing one's sexual orientation or gender identity, or
manifesting rejection of such child's sexual orientation or gender identity or
expression by inflicting or threatening to inflict bodily or physical harm against
the child or by causing mental or emotional suffering of the child through
intimidation, harassment, public ridicule or humiliation, repeated verbal abuse,
or other similar means or, in general, commit any act or omission prejudicial to
the welfare and interest of the child as a result of the bias against the sexual
orientation or gender identity of the child; and

(p) Subjecting a person to any other analogous acts that shall have the
effect or purpose of impairing or nullifying the enjoyment, recognition, or
exercise of a person's rights and freedoms.

SEC. 5. Privacy Rights. - No person shall be burdened, prejudiced, or
prosecuted by reason of the exercise of the right to personal privacy.

SEC. 6. Administrative Sanctions. — Refusal of a government official whose
duty is to investigate, prosecute, or otherwise act on a complaint for a violation of this
Act or causing unreasonable delay to perform such a duty without a valid ground shall
constitute gross negligence on the part of the official who shall suffer the appropriate
penalty under civil service laws, rules and regulations.

SEC. 7. Penalties. - A person who commits any discriminatory practice
described in Section 4 of this Act shall, upon conviction, be penalized by a fine of not
less than one hundred thousand pesos (P100,000.00) but not more than five hundred
thousand pesos (P500,000.00) or imprisonment of not less than one (1) year but not
more than six (6) years, or both, 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

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familiarization with and exposure to the plight of the victims.

If the violation or offense is committed by a corporation, partnership, association
or other juridical entities, the penalty provided for in this section shall be imposed upon
the directors, officers, employees or other officials or persons therein responsible for
the offense without prejudice to the civil liabilities arising from the criminal offense.

If a graver offense motivated by bias, prejudice, or hatred against sexual
orientation or gender identity or expression is committed, such shall be meted the
corresponding maximum penalties.

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 or such other cases for
violation of other applicable penal laws. Further, nothing in this Act shall be construed
as giving authority to the State to unduly interfere with the legitimate exercise by the
parents or the guardians of their right to discipline a child under their parental authority,
custody or guardianship.

The penalties provided under this section shall be meted without prejudice to
the imposition of administrative liability for government officials and employees.

SEC. 8. Special Aggravating Circumstance. - A person who commits any of
the crimes in the Revised Penal Code or any special law and who is proven to have
committed the same motivated by bias, prejudice, or hate based on sex, sexual
orientation, or gender identity or expression, shall suffer the maximum penalty
imposed by the Code or the relevant special law for such prohibited act.

SEC. 9. Redress Mechanisms for SOGIE-related Cases. —

(a) Inclusion of SOGIE Concerns in All Police Station Activities and Services
- The Women and Children's Desks now existing in all police stations shall be
renamed as Women, Children and LGBTQ+ Protection Desk, which 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 rights-
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 nongovernment organization of
good standing and reputation.

(b) Role of the Commission on Human Rights (CHR) - The CHR shall
investigate and recommend the filing of a complaint against any person
violating this Act. If the CHR has reasonable cause to believe that any person
or group of persons is committing acts penalized in Section 4 of this Act, the
CHR shall recommend a legal action in the appropriate prosecutor's office or
court.


The CHR shall also direct the officer concerned to take appropriate action
against a public officer or employee at fault or who neglects to perform an act
or discharge a duty required under this Act, and recommend the revocation of
license, removal from office or employment, suspension, demotion, fine,
censure, or prosecution, and ensure compliance therewith. Refusal by any
officer without just cause to act on the recommendation of the CHR to revoke
the license, remove, suspend, demote, fine, censure, or prosecute an officer or
employee who is at fault, or who neglects to perform an act or discharge a duty
required under this Act, shall be a ground for disciplinary action against said
officer.

The CHR shall also document cases of discrimination on the basis of sexual
orientation or gender identity or expression and shall include these documented
cases in its annual human rights report. The CHR shall actively provide
recommendations to different branches of government on how to address and
eliminate discrimination on the basis of sexual orientation or gender identity or
expression.

SEC. 10. Government Programs and Policies. - The State shall pursue
initiatives and programs that seek to establish and maintain an environment free of
stigma and discrimination. It shall direct the machinery and resources of the State to
Promote nondiscrimination and shall encourage other sectors of the society to engage
and participate in these efforts. It shall ensure the implementation of the following
programs:

(a) Social Protection Programs - The national government shall ensure that
communities vulnerable to stigma and discrimination on the basis of sexual
orientation or gender identity or expression are integrated into government-run
social protection programs; and

(b) Diversity Programs and Trainings - All government agencies, including
government-owned and -controlled corporations, local government units
(LGUS), private companies, public and private education institutions, and other
entities shall establish diversity programs and shall endeavor to provide or
conduct trainings for their staff, employees, students and trainees, and
constituents on human rights, gender sensitivity and awareness, and
sensitization on the issue of violence and abuse to ensure that human rights
violations and violence on the basis of sexual orientation or gender identity or
expression are prevented. Such institutions may incorporate these activities
into existing gender sensitivity and development training programs or school
curricula. Finally, the above-listed agencies, companies and institutions shall
create an internal redress mechanism to address cases of discrimination and
develop administrative remedies or sanction for such cases.


SEC. 11. Empowering Portrayal of LGBT Persons in Media. - The positive
and empowering portrayal of LGBT by media shall be encouraged to counter existing
stereotypes and misconceptions that often lead to discriminatory practices. Towards
this end, incentives and awards shall be provided to programs that defend the human
rights of LGBT and contribute to the empowerment of the LGBT community and its
members.

SEC. 12. SOGIE Equality Oversight Committee. - For the effective
implementation of this Act, there shall be created a Congressional Oversight
Committee, hereinafter referred to as the SOGIE Equality Oversight Committee, within
sixty (60) days after the enactment of this Act. The SOGIE Equality Oversight
Committee shall be composed of five (5) members each from the Senate and the
House of Representatives, which shall include the Chairpersons of the Senate
Committees on Women, Children, Family Relations and Gender Equality, and of
Justice and Human Rights, and the Chairpersons of the House of Representatives
Committees on Women and Gender Equality, and of Human Rights. The members
from the Senate and the House of Representatives shall be appointed by the Senate
President and the Speaker, respectively, with at least one (1) member representing
the minority.

The SOGIE Equality Oversight Committee shall be chaired jointly by the
Chairpersons of the Senate Committee on Women, Children, Family Relations and
Gender Equality and the House Committee on Women and Gender Equality. The
Position of Vice Chairperson of the SOGIE Equality Oversight Committee shall be
jointly held by the Chairpersons of the Senate Committee on Justice and Human
Rights and the House Committee on Human Rights. The Secretariat of the SOGIE
Equality Oversight Committee shall come from the Secretariat personnel of the Senate
and the House of Representatives committees concerned

The SOGIE Equality Oversight Committee shall monitor the compliance of
public institutions to the provisions of this Act. Within three (3) years after the
enactment of this Act, the SOGIE Equality Oversight Committee shall conduct an audit
of national and local policies that discriminate on the basis of sexual orientation or
gender identity and expression, and shall submit a report to Congress, the Office of
the President, and the Supreme Court on this subject.

The SOGIE Equality Oversight Committee shall cease to exist six (6) years after
its organization.

SEC. 13. Implementing Rules and Regulations. - Within sixty (60) days from
the effectivity of this Act, the CHR, the Department of Justice (DOJ), the Civil Service
Commission (CSC), the Philippine National Police (PNP), the Department of National
Defense (DND), the National Youth Commission (NYC), the Philippine Commission
on Women (PCW), the Commission on Population (POPCOM), the Department of
Labor and Employment (DOLE), the Department of Education (DepED), the


Commission on Higher Education (CHED), the Technical Education and Skills
Development Authority (TESDA), the Department of Health (DOH), and at least three
(3) civil society organizations (CSOs) with proven expertise and track record on
SOGIE concerns, shall promulgate the necessary rules and regulations for the
effective implementation of the provisions of this Act.

SEC. 14. 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. 15. Repealing Clause. - All laws, decrees, orders, rules and regulations,
or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,