RECEIVED
Republic of the Philippines pate: OF 4 pnen
HOUSE OF REPRESENTATIVES, “a
Quezon City Tame: _ 37 FTp~
BY:
SEVENTEENTH CONGRESS
First Regular Session REC'STRATON UNE
BILLS any
House BILL No. 19° 1024 INDEX SERVICE

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

The 1987 Constitution upholds the dignity of every human person and guarantees full
respect for human rights (Article 2 of Section 11, 1987 Constitution). Furthermore, the equal
protection clause in the Bill of Rights provides that all laws are implemented and applied
equally and uniformly on all persons under similar circumstances.

The United Nations Human Rights Committee (UNHRC) and the UN Committee on
Economic, Social, and Cultural Rights, to which the Philippines is a signatory, forged
intemational agreements on the respect for human rights of all persons regardless of any
condition, including sex or sexual orientation. The UNHRC has 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 International Covenant on Economic, Social and Cultural
Rights (ICESCR) to include sexual orientation in the Covenant’s non-discrimination
provisions.

Nevertheless, despite the Philippines’ being a State Party to the ICCPR, laws reinforcing
equal protection especially of the LGBT community have yet to be adopted.

It is deplorable how, on the basis of their sexual orientation, the LGBT community membare
are debased and humiliated in public places. / \

It is high time that the government passed a law proscribing the discrimination against
members of the LGBT community. /

The immediate passage of this measure is sought for.

HOUSE. OF REPRE NTATIVES



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
4

2
House Bi No.10©

Introduced by Rep. Winston “Winnie” Castelo

AN ACT
PROSCRIBING DISCRIMINATION AGAINST MEMBERS OF THE LGBT COMMUNITY
AND PRESCRIBING PENALTIES THEREFOR

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

SECTION 1. This Act shall be known as the “Anti-LGBT Discrimination Act of 2016.”

SEC. 2. It is the policy of the state to work for the elimination of all forms of
discrimination that flouts the equal protection clause of the Bill of Rights and the State
obligations under human rights instruments acceded to by the Republic of the Philippines,
particularly those discriminatory practices based on sex or sexual orientation. Towards this
‘end, discriminatory practices as defined herein shall be proscribed and penalized.

SEC. 3. Discriminatory Practices. It shall be unlawful for any person, natural or
juridical, to:

(a) Deny access to public service, including military service, any person belonging to the
LGBT community;

(b) Include sexual orientation and gender identity, as well as the disclosure of sexual
orientation, in the criteria for hiring, promotion and dismissal of workers, and in the
determination of employee compensation, training, incentives, privileges, benefits or
allowances, and other terms and conditions of employment;

(©) Deny a person admission to educational institutions solely on the basis of sexual
orientation and gender identity;

(d) Deny a person access to medical and other health services open to the general
public on the basis of such person's sexual orientation or gender identity;

(e) Deny an application for a professional license issued by government due to the
applicant's sexual orientation or gender identity;

(f) Deny a person on the basis of sexual orientation or gender identity access to or the
use of establishments, facilities, utilities or services, including housing, that are open
to the general public;

(g) Harassments by members of institutions involved in the enforcement of law and the
protection of rights, such as the Philippine National Police (PNP) and the Armed
Forces of the Philippines (AFP), of any person on the basis of his or her sexual
orientation or gender identity. Harassment of juridical persons on the basis of the
sexual orientation or gender identity of their members, stockholders, benefactors,
clients, or patrons is likewise covered by this provision;

(h) Perform other analogous acts of discrimination.



SEC. 4. Administrative Sanctions. — Refusal of a government official whose duty it is
to investigate, prosecute or otherwise act on a complaint for a violation of this Act to perform
‘such a duty without a valid ground shall constitute gross negligence on the part of such
official who shall suffer the appropriate penalty under civil service laws, rules and
regulations.

SEC. 5. Penalties. - (a) Persons found guilty of any of the discriminatory practices
enumerated in the foregoing section shall be penalized with a fine of not less than Two
Hundred Fifty Thousand Pesos (P250,000) but not exceeding 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.

(b) The officials directly involved shall be liable for violations committed by corporations,
organizations or similar entities.

(c) Community service time in terms of human rights education to the perpetrator and
exposure to the plight of the victims shall be additionally imposed at the discretion of the
court.

SEC. 7. Separability Clause. If any part, section or provision of this Act shall be
held invalid or unconstitutional, the other provisions not affected by such declaration shall
remain in full force and effect.

SEC. 8. Repealing Clause. — All laws, acts, decrees, executive orders, rules and
regulations or other issuances or parts thereof, which are inconsistent with this Act, are
hereby modified and repealed.

SEC. 9. Effectivity - This Act shall take effect fifteen (15) days following its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,