NINETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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of tilf ^.rr.TitU’j'
72 JUL12 P6:13
SENATE
s. No. 442
RtCEiVtD [iV;
Introduced by Senator MARK A. VILLAR
AN ACT
PENALIZING DISCRIMINATORY ACTIONS BASED ON GENDER IDENTITY 
OR EXPRESSION AND SEXUAL ORIENTATION
EXPLANATORY NOTE
The Constitution provides that "The State values the dignity of every human 
person"1. Further, our Constitution's Preamble mentions freedom, love, and equality.
This bill aims to penalize various discriminatory actions rooted on gender 
identity or expression and sexual orientation.
This measure can be a step towards protecting members of the LGBT 
community from unjust and unequal treatment, and a step moving forward towards 
a more inclusive society.
In view of the foregoing, the passage of this bill is earnestly sought.
MARK A. VILLAR
Senator
1 ARTICLE II, SEC. 11., 1987 CONSTITUTION.


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
442
S. No.
U?--1
^ .Taff'r otUic.p A-f t ; n ' v>
'22 JUL 12 P6’-13
RtCEIViDB.',-----
Introduced by Senator M^RK A. VILLAR
AN ACT
PENALIZING DISCRIMINATORY ACTIONS BASED ON GENDER IDENTITY OR 
EXPRESSION AND SEXUAL ORIENTATION
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
Section 1. Declaration cf 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.
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Sec. 2. Definition of Terms. -
a) 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;
b) Gender Expression refers to the way a person communicates gender 
identity to others through behavior, clothing, ha'hrstyles, communication 
or speech pattern, or body characteristics;
c) Gender Identity refersX.0 the personal sense of identity as characterized, 
among others, by manner of clothing, inclinations, and behavior in 
relation to masculine or feminine conventions;
d) Hate Crimes refer to criminal offenses committed against a person or a
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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;
e) LGBT Community refers to the collective of persons who are male and 
female homosexuals (gays and lesbians, respectively), bisexual, and 
transgender;
f) Marginalization refers to a condition where a whole category of people is 
excluded from useful and meaningful participation;
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refers to male, female, or intersex.
h) 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
i) 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.
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Sec. 3. Discriminatory Practices. - It shall be unlawful for any person, natural or
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juridical, to engage in discrimination as defined in this Act, which shall include:
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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.
c) Refusing admission or expelling a person from any educational or training
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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;
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 or gender identity or expression;
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;
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;


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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;
l) 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;
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;
n) Subjecting any person to gender profiling or to any investigatory 
activities;
o) 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;
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Sec. 4. Penalties. - A person who commits any discriminatory practice described
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in Section 3 shall, upon conviction, be penalized by a fine of not less than one hundred
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thousand pesos (P100,000) but not more than five hundred thousand pesos (P500,000)


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or imprisonment of not less than one (1) year but not more than six (6) years, or both,
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at the discretion of the court.
Sec. 5. 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.
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Sec 6. Implementing Rules and Regulations. - The Department of Health (DOJ), 
the Civil Service Commission (CSC), the Philippine National Police (PNP), Department of 
Labor and Employment (DOLE), Department of Education (DepEd), Commission on 
Higher Education (CHED), and Department of Health ^DOH), in coordination with all 
other concerned government implementing agencies and civil society organizations, 
shall formulate the rules and regulations necessary to implement the provisions of this 
Act within three (3) months from the effectivity of this Act.
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Sec 7. Appropriations. - The amount necessary for the implementation of this Act
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shall be charged to the appropriations of the implementing agencies,
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Sec 8. Separability Cause. - If any portion or provision of this Act is declared
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unconstitutional, the remainder of this Act or any provision not affected thereby shall
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remain in force and effect.
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Sec 9. Repealing Cause. - Any law, presidential decree or issuance, executive
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order, letter of instruction, rule or regulation inconsistent with the provisions of this Act
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is hereby repealed or modified accordingly.
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Sec 10. Effectivity. - This Act shall take effect fifteen (15) days following its
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complete publication in a newspaper of general circulation.
Approved,