Republic of the Philippines
House of Representatives
Quezon Gity, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill'No. 5818

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION
OR GENDER IDENTITY OR EXPRESSION (SOGIE)
AND PROVIDING PENALTIES THEREFOR

EXPLANATORY NOTE

For almost two decades, the SOGIE Equality Bill (formerly the Anti-
Discrimination Bill) has been continuously refiled and developed in Congress.
Since 2000, it has changed and improved to reflect more the struggles of the
lesbian, gay, bisexual, transgender, and queer (LGBTQ+) community in the
Philippines, and other Filipinos of diverse sexual orientation, gender identity and
expression (SOGIE). It affirms that the LGBTQ+ community deserve the same
rights denied to them by the State for so long — the right to non-discrimination.

In the 17% Congress, House Bill 4982 entitled “An Act Prohibiting Discrimination
on the Basis of Sexual Orientation or Gender Identity or Expression (SOGIE) And
Providing Penalties Therefor” became the consolidated document of several
house bills from legislators seeking to end discrimination on the basis of SOGIE.
It received an overwhelming support from legislators leading to its passage on
the 3" Reading and its transmittance to the Senate.

There have been local government units in the country that have adopted and
are implementing ordinances that prohibit discrimination on the basis of SOGIE.
Unfortunately, only 21 of the 1,634 cities and municipalities and six out of the
81 provinces in the Philippines have anti-discrimination ordinances (ADOs). This
leaves a significant majority of Filipinos (79.2 percent), or close to 80 million
people, vulnerable to SOGIE-based discrimination! Thus, a national legislation
protecting all Filipinos from discrimination on the basis of SOGIE is urgent and
necessary.

" https://businessmirror.com. ph/2019/07/03/united-nations-stands-with-Igbtqi/


Discrimination exists in schools, in the workplace, in public spaces, and even
within families. As such, this has pushed LGBTQ+ people to the margins and
has prevented them from accessing equal opportunities for all.

LGBTQ+ youth are often victims of bullying in schools. There are cases where
people of diverse SOGIE are not allowed education or employment because of
their identities. It is indeed a violation of their human rights if stigma and
discrimination continue to persist.

Thus, with the growing support of the public and legislators to support the rights
of the LGBTQ+ community, promote equal rights, and protect all Filipinos from
discrimination on the basis of SOGIE, there is a need to change how our
institutions treat people of diverse sexual orientation, gender identity, and
expression. This measure shall offer light to the growing problem of stigma,
discrimination, hate, and prejudice in the country.

In view of the foregoing, timely and immediate passage of this bill is earnestly
sought.

ALFRED VARGAS


Republic of the Philippines
House of Representatines
Quezon City, Meteo Manila
EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 5818

INTRODUCED BY
REP. ALFRED VARGAS

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
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;

©. 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;


©. 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;

8 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. _ Sexrefers 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, re-assignment, 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
trainces shall be duly upheld;

(4) 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
traince due to the sexual orientation or gender identity or expression of the
student’s parents or guardian;

(ec) 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;


() 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;

(2) 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 their existing toilets with fac

ies
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;

()  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;

() 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;

(np) Subjecting any person to gender profiling or to any investigatory
activities, which include (i) unnecessary, unjustified, illegal, or degrading
searches to determine whether an individual is engaged in an activity
presumed to be unlawful, immoral, or socially unacceptable;(ii) 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;

(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 Actor 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 shall, upon conviction, be penalized by a fine of not less
than One hundred thousand pesos (P100,000) but 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 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 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;

Ifa 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
employces.

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 non-
government 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 Commission 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 non-discrimination 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.

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 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, Department of Justice (DOJ), Civil


Service Commission (CSC), Philippine National Police (PNP), Department of
National Defense (DND), National Youth Commission (NYC), Philippine
Commission on Women (PCW), Commission on Population (POPCOM),
Department of Labor and Employment (DOLE), Department of Education
(DepEd), Commission on Higher Education (CHED), Technical Education and
Skills Development Authority (TESDA), 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,