HOUSE °F REPRES oT ATIVES

SEVENTEENTH CONGRESS OF THE ) RECEIVLU
REPUBLIC OF THE PHILIPPINES ) pore: 16 AUG 2016
First Regular Se:
irst Regular Session ) me WAC AM

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REGISTRATION UNIT
BILLS AND INDEX SERVICE

HOUSE OF REPRESENTATIV!
H.No._2952

Introduced by Representative Vilma Santos Recto
6" District of Batangas

AN ACT
ESTABLISHING LESBIAN, GAY, BISEXUAL, AND TRANSGENDER (LBGT)
HELP AND PROTECTION DESKS IN ALL PHILIPPINE NATIONAL POLICE
‘ATIONS NATIONWIDE, AMENDING FOR THE PURPOSE TITLE VII OF
REPUBLIC ACT NUMBER 8551, AS AMENDED, OTHERWISE KNOWN AS THE
“PHILIPPINE NATIONAL POLICE REFORM AND REORGANIZATION ACT OF
1998,” AND FOR O R PURPOSES:

Explanatory Note

Section 11 Article II of the 1987 Constitution mandates the State to value the dignity of
every human person and guarantee full respect for human rights. Such commitment to human
rights has been upheld through signing and acceding to a number of significant international
treaties concerning human rights!

Yet despite this commitment, the Philippines has yet to affirm the rights of Lesbian, Gay,
Bisexual and Transgender individuals (LGBT) or guarantee the protection of LGBTs from
discrimination and violence on the account of gender identity and expression. The Philippines
did not express support for the United Nations Human Rights Council joint statements made in
December 2006 and March 2011 which called on States to take steps to end acts of violence,
criminal sanctions and related human rights violations committed against individuals because of
their sexual orientation or gender identity, among others?.

Back home, many LGBTs became moving targets for discrimination and violence that
affect their economic, social and physiological well-being, Yet in spite of this reality, there is an
absence of government mechanism or intervention directed to monitor, let alone address, the
incidents of discrimination, prejudice and even violence against the Filipino LGBT commu
Because of this, many LGBT victims opt not to report the incident for fear of further har:
prejudicial treatment, or more violent reprisal.

ment,

' These international treaties and conventions include the following: International Convention on the Elimination of
‘All Forms of Racial Discrimination of 1969, International Covenant on Civil and Political Rights of 1976.
International Covenant on Economic, Social and Cultural Rights of 1976, Convention on the Elimination of All
Forms of Discrimination against Women of 1981, Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment of 1987, Convention on the Rights of the Child of 1990, Intemational
Convention on the Protection of the Rights of All Migrant Workers and Members of their Families of 2003 and
Convention on the Rights of Persons with Disabilities of 2008.

2 United Nations” Human Rights Council. (2006 December 1), Joint Statement on Human Rights Violations Based
on Sexual Orientation and Gender 'dentity. Geneva: Office of the United Nations High Commissioner for Human
Rights.

United Nations’ Human Rights Council, 2011 March 22). Joint Statement Ending Acts of Violence and Related
Human Rights Violations Based on Sexual Orientation and Gender Identity. Geneva: Office of the United Nations
High Commissioner for Human Rights.

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‘The Philippines should not condone an environment where the LGBT community is
“treated with contempt and violence by their fellow citizens while authorities empowered to
protect them look the other way or, too often, even join in the abuse’.” This bill seeks to correct
this onerous predicament by establishing LGBT help and protection desks in all Philippine
National Police (PNP) stations nationwide. These dedicated desks shall act on all cases involving
crimes against chastity, sexual harassment, and abuses committed against LGBTs in the
Philippines, To complement this help desk, the PNP is tasked to ensure the gender neutrality of
its human resource processes, from the recruitment and selection to the promotion and
deployment of police officers, Ultimately, this bill seeks to create a police organization that is
able and eager to respond to any criminal or emergency incident, regardless of the gender
orientation of the people involved.

In view of the foregoing, the swift passage of the proposed measure is earnestly sought.

VILMA sAntos

€
oe

Clinton, H. R. (2011 December 6). Remarks in Recognition of International Human Rights Day. Geneva: United
‘Nations? Human Rights Council

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SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

H.No._ 2982

Introduced by Representative Vilma Santos Recto
* "6!" District of Batangas

ESTABLISHING LESBIAN, GAY, AND TRANSGENDER (LBGT)
HELP AND PROTECTION DESKS IN ALL PHILIPPINE NATIONAL POLICE
STATIONS NATIONWIDE, AMENDING FOR THE PURPOSE TITLE VII OF
REPUBLIC ACT NUMBER 8551, AS AMENDED, OTHERWISE KNOWN AS THE
“PHILIPPE NATIONAL POLI REFORM AND REORGANIZATION ACT OF
1998,” AND FOR OTHER PURPOS!

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Title VII of Republic Act No. 8551, as amended, is hereby further amended
to read as follows:

“Title VIL

“CREATION OF WOMEN'S AND LESBIAN, GAY, BISEXUAL, AND

‘TRANSGENDER (LGBT) HELP AND PROTECTION DESKS IN ALL

POLICE STATIONS AND THE FORMULATION OF A GENDER

SENSITIVITY PROGRAM”

SEC. 2. Section 57 of Republic Act No. 8551, as amended, is hereby further amended to

read as follows:
“Sec. 57. Creation and Functions. — The PNP shall establish women's
AND LESBIAN, GAY, BISEXUAL, AND TRANSGENDER (LGBT) HELP AND

{ations throughout the country to administer

PROTECTION desks in all police

and attend to cases involving crimes against chastity, sexual harassment, abuses
committed against women, [and] children AND LGBT and other similar
offenses: Provided, That municipalities and cities presently without
policewomen will have two (2) years upon the effectivity of this Act within
which to comply with the requirement of this provision.”
SEC. 3. Section 58 of Republic Act No. 8551, as amended, is hereby further amended to
read as follows:
“Src. 58. Prioritization of Women for Recruitment. — Within the next

five (5) years, the PNP shall prioritize the recruitment and training of women

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who shall serve in the women’s desk, Pursuant to this requirement, the PNP
shall reserve ten percent (10%) of its annual recruitment, training, and education
quota for women: PROVIDED, THAT NOTHING IN THIS TITLE SHALL BE

CONSTRUED AS A RESTRICTION FROM RECRUITING LGBT INTO THE PNP

REGULAR FORCE, EITHER THROUGH REGULAR RECRUITMENT OR LATERAL

ENTRY PROGRAM.”
SEC. 4, Section 61 of Republic Act No. 8551, as amended, is hereby further amended to
read as follows:
“Src, 61. Non-prohibition for Promotion. ~ Nothing in this title shall be

construed as a restriction on the assignment of policewomen AND LGBT

POLICE OFFICERS to other positions in the PNP nor shall any provision|s} of
this title be used for the non-promotion of a PNP female OR LGBT personnel to
higher position.”

Sec. 5. Implementing Rules and Regulations. ~ Within ninety (90) days from effectivity

of this Act, the National Police Commission shall, in coordination with the PNP and after
consultation with directly afiiveted stakeholders, promulgate the rules and regulations to
effectively implement the provisions of this Act

SEC. 6. Separability Clause. ~ If any provision, section or part of this Act shall be

declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any
other provisions, sections or parts hereof.

Sec. 7. Repealing Clause. — All laws. decrees, orders, rules and regulations which are

incon:

stent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 8. Effectivity. ~ This Act shall take effect fifteen (15) days following its publication
in at least two (2) newspapers of general circulation or in the Official Gazente.

Approved,

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