Republic of the Philippines

HOUSE OF REPRESENTATIVES {{2

Quezon City, Metro Manila

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NINETEENTH CONGRESS
First Regular Session

House Bill No. 222

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

This Bill seeks to define, prohibit and penalize situations and practices wherein
discrimination on the basis of sexual orientation and gender identity occur. It also aims
to protect members of the LGBT community and guarantee their rights as citizens of

the Republic of the Philippines and their rights as human beings

Although it is claimed the Philippine society is tolerant and accepting of
members of the LGBT community, in practice and in terms of legal protection, they are

tor

no specific national laws that address this kind of discrimination from which this s
of society suffers. Although the very Preamble of the Philippine Constitution enshrines
“equality” among the core values of our Republic, there is no law which enables and

guarantees this provision for the members of the LGBT community

As a result, members of the LGBT community are treated unjustly and
experience inequality in diverse situations such as the workplace, the family, schools,
social and leisure venues, sports and business. More adversely, members of this
community have also suffered hate crimes leading to their loss of dignity, if not life
and limb without the protection of the laws that faithfully reflect the true nature of the

crime or violation.


It is the hope of this proposed law to put an end to this situation of non-
protection and neglect, while upholding the fundamental rights and human dignity of
members of the LGBT community towards the attainment of an inclusive society

where all citizens are equal

In view of the foregoing, approval of this bill is earnestly recommended

Le Lh IBM
‘GERALDINE B. ROMAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRI
First Regular Session

House Bill No._222

Introduced by Representative GERALDINE B. ROMAN

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION,
GENDER IDENTITY OR EXPRESSION, OR SEX CHARACTERISTICS (SOGIESC)
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 “SOGIESC 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, gender identity or expression, or
sex characteristics (hereinafter referred as “SOGIESC’) to be free from any form of
discrimination. It shall therefore intensify its efforts to fulfil 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 fulfil 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 SOGIESC, 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 intemational conventions to
which the Philippines is a signatory.

SEC. 3. Definition of Terms. ~ As used in this Act, the following terms shall be
defined as follows:

a. Bisexual refers to a person who has the capacity to form enduring
physical, romantic, and/or emotional attractions to those of the same gender or to
those of another gender;

b. 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;

c. Discrimination refers to any distinction, exclusion, restriction, or
preference which is based on any ground such as sex or SOGIESC, and which has
the purpose or effect, whether direct or indirect, 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 or SOGIESC of the person subjected to
discrimination shall not be relevant for the purpose of determining whether an act of
discrimination has been committed. Direct discrimination occurs where a person is
treated less favorably than another person in the same or comparable circumstances

on the ground of their SOGIESC. Indirect discrimination occurs where an apparently


neutral condition or requirement is imposed which has the effect of disadvantaging a
person of diverse SOGIESC and which is not reasonable in the circumstances;

4. Gay refers to a person who identifies himself as a man and whose
enduring physical, romantic, and/or emotional attractions are to people who also
identifies themselves as men;

e. Gender refers to a social construct used to categorize a person as
man, woman, or other identity, which is usually based on one’s sex assigned at birth;

f, Gender Expression refers to the way a person communicates gender
identity to others through behavior, clothing, hairstyles, communication or speech
pattern, or body characteristics;

g. Gender Identity refers to a person's innermost concept of self as man,
woman, or another non-binary identity which may or may not correspond with their
sex or gender assigned at birth;

h. Harassment refers to 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 a
person or group of persons in fear of their safety;

i. 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 SOGIESC;

j. 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;

k. Lesbian refers to a person who identifies herself as a woman and
whose enduring physical, romantic, and/or emotional attractions are to people who

also identify themselves as women;


| 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;

m. Persons of Diverse SOGIESC refer to the collective of persons who are
man and woman homosexuals (gays and lesbians, respectively), bisexual,
transgender, and intersex, among others;

n. Reasonable accommodation means necessary and appropriate
modification and adjustments not imposing a disproportionate or undue burden,
where needed in a particular case, to ensure to persons of diverse SOGIESC the
enjoyment or exercise on an equal basis with others of all human rights and
fundamental freedoms;

0. Sex refers to the civil status of a person acquired by birth having a
system of reproduction corresponding to that belonging to either male, female or
intersex;

p. Sex characteristics refers to a person's physical traits that indicate their
biological sex, such as chromosomes, external genitalia, gonads, hormones, and
internal reproductive organs. Traits present at birth are called primary sex
characteristics, whereas those that develop during puberty are called secondary sex
characteristics;

q. Sexual Orientation refers to the direction of emotional, sexual
attraction, or conduct towards people of the same gender (homosexual orientation)
or towards people of more than one gender (bisexual orientation), or towards
people of the opposite different gender (heterosexual orientation) or to the absence
of sexual attraction (asexual orientation);

r. 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; and

s. Transgender refers to a person whose gender identity does not align
with the sex or gender assigned at birth, frequently abbreviated to “trans;

SEC. 4. Communities Vulnerable to Discrimination and Abuse on the Basis of
SOGIESC. - This Act seeks to protect individuals and communities that are at a
greater risk of experiencing human rights violations on the basis of SOGIESC,
including individuals and communities of diverse SOGIESC who are children,
young, poor, differently abled, of different ethnic background, or cultural
background, and of various religious belief.

For this purpose, discrimination on the grounds of a person's SOGIESC
intersecting or compounded by other grounds and factors such as age, racial or
ethnic origin, religious belief or activity, political inclination or conviction, social
class, economic status, marital or relationship status, disability, HIV status, health
status or medical history, language, physical features, or other status shall be
considered a discriminatory practice.

SEC 5. 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) Advertising, producing, and publishing in the media, in educational
textbooks, and other medium that has the effect of promoting, encouraging and
perpetuating stigma or inciting violence and sexual abuse against any person or
group on the basis of SOGIESC;

(b) Denying access to public services to any person on the basis

SOGIESC;


(c) Including SOGIESC, as well as the disclosure of one's SOGIESC, 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 leaming 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 and public, 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,

(d) Refusing admission or expelling a person from any educational or
training institution, including police and military academies or training institutions,
on the basis of SOGIESC, including discriminating against a student or trainee
due to the SOGIESC of the student's parents or guardian, court-appointed or
otherwise;

(e) 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 SOGIESC, including discriminating against a
student or trainee due to the SOGIESC of the student's parents or guardian,
court-appointed or otherwise;

() 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 SOGIESC of their members or of their target

constituencies;


(3) 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 SOGIESC;

(h) 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 SOGIESC;

(i) 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
SOGIESC: 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 this prohibition covers acts of discrimination against juridical persons
solely on the basis of the SOGIESC 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 SOGIESC
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;

(k) Harassment, coercion, or threats committed on the basis of one’s
SOGIESC by those involved in the enforcement of law, regulations or directives,
and the protection of rights of any person, whether they belong to the public or
private sector. 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 SOGIESC of their members, stockholders, benefactors, clients, or patrons is
likewise covered by this provision;

() Publishing information intended to “out” or reveal the sex or SOGIESC
of persons without their consent, whether or not done in good faith, when such
has not been made known by the person/s concerned;

(m) — Engaging in public speech meant to shame, insult, vilify, or which tends
to incite or normalize the commission of discriminatory practices against persons
of diverse SOGIESC, and which acts or practices in turn, intimidate them or result
in the loss of their self-esteem;

(n) — Subjecting persons or groups of persons to harassment which is
motivated in whole or in part by the offender's bias, belief, or perception regarding
the offended party's SOGIESC, 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;

(0) Subjecting any person, natural or juridical, 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 SOGIESC or to assist in identifying a particular
subgroup of people's SOGIESC;

(p) Preventing a child under parental authority, custody, or guardianship,

whether court appointment or otherwise, from exhibiting or expressing one’s


SOGIESC; or manifesting rejection of such child's SOGIESC 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 SOGIESC of the child;

(@) Adopting a measure or practice of general or neutral application which
fails to provide for mechanisms to offset or address SOGIESC-based
disadvantages or limitations as a result of which persons of diverse SOGIESC are
denied or restricted in the recognition and protection of their rights and in their
access to and enjoyment of opportunities, benefits, or privileges otherwise
available to other persons: Provided, That this provision includes denial of
reasonable accommodation: Provided Further, That such prohibited act may
include, among others, economic assistance programs extended only to families
traditionally consisting of heterosexual couples, whether de facto or legally
recognized, to the exclusion of those consisting of couples of diverse SOGIESC;
and

(rf) 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. 6. Privacy Rights. — No person shall be burdened, prejudiced, or
prosecuted by reason of the exercise of the right to personal privacy, unless it can
be shown that there is a compelling reason or interest justifying the infringement of
said constitutional right, and there is no other less restrictive means to achieve

said reason or interest.


SEC. 7. Administrative Sanctions. - Refusal of a government official or
employee or those involved in the enforcement of law whose duty is to implement
any part of this Act, to investigate, prosecute, comply with the directive of the
Commission on Human Rights (CHR), 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. 8. Penalties. - A person who commits any discriminatory practice
described in Section 5 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 twelve 12 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 on the grounds of a person's
SOGIESC intersecting or compounded by other grounds and factors mentioned in
Section 4, the penalty shall be imposed in its maximum.

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.

Any action arising from the violation of the provisions of this Act shall

prescribe in three (3) years.

10


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.

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

SEC. 9. Special Aggravating Circumstance. - If any civil, criminal, or
administrative offense, not falling under this Act, is committed and proven to be
motivated by bias, prejudice, or hate based on SOGIESC, said offense shall be
aggravated and the corresponding penalty provided thereto shall be imposed in
its maximum.

SEC. 10. Redress Mechanisms for SOGIESC-related Cases. —

(a) Inclusion of SOGIESC Concems 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 Persons of Diverse SOGIESC
Protection Desk, which shalll 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, and in the dynamics of
relationships existing between persons of diverse SOGIESC as applied in and
hate crime investigations, case handlings, and case documentations

Complainant-minors can be represented by parents, guardians, or a non-
government organization of good standing and reputation.

(b) Role of the Civil Service Commission (CSC) — In appropriate cases, the
CSC shall, by regulation, require government establishments, including
government-owned and controlled corporations and financial institutions to

establish a grievance mechanism to address discriminatory practices in the

11


workplace and in the provision of services to the public. For this purpose, failure
or delay in establishing a grievance mechanism shall be a ground for the
imposition of an administrative fine as may be prescribed by the CSC.

(b) Role of the Department of Labor and Employment (DOLE) ~ In appropriate
cases, the DOLE shall, by regulation, require private establishments to establish
a grievance mechanism to address discriminatory practices committed in the
workplace and in the provision of services to the public. For this purpose, failure
or delay in establishing a grievance mechanism shall be a ground for the
imposition of an administrative fine as may be prescribed by the DOLE

(d) 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 5 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. The refusal or delay in the
compliance with the directive of the CHR, without valid cause, 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

SOGIESC and shall include these documented cases in its annual human rights

12


report. The Commission shall actively provide recommendations to different
branches of government on how to address and eliminate discrimination on the

basis of SOGIESC.

SEC. 11. 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 (SPP) - The national government shall
ensure that communities vulnerable to stigma and discrimination on the basis of
SOGIESC are integrated into government-run social protection programs.

(b) Diversity and Inclusion Programs and Trainings (DIPT) - All government
agencies, including government-owned and controlled corporations, local
government units (LGUs), private companies, public and private education
institutions, and other entities, whether public or private, shall establish
diversity and inclusion 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 SOGIESC 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.

23


(c) Information and Education Campaign (IEC) - All government agencies and
instrumentalities are mandated to develop and implement SOGIESC-
specific gender sensitivity education and information dissemination. They
shall endeavor to produce and publish information and education
campaign materials on gender and human rights.

SEC. 12. Empowering Portrayal of Persons of Diverse SOGIESC in
Media. — The positive and empowering portrayal of persons of diverse SOGIESC
by media shall be encouraged to counter existing stereotypes and
misconceptions that often lead to discriminatory practices. Towards this end,
incentives and awards scheme shall be provided to programs that defend the
human rights of persons of diverse SOGIESC and contribute to their
empowerment, pursuant to Sec. 11 of this Act.

SEC. 13. SOGIESC Congressional Oversight Committee (SECOC). - For
the effective implementation of this Act, there shall be created a Congressional
Oversight Committee, hereinafter referred to as the SOGIESC Equality
Congressional Oversight Committee (SECOC), within sixty (60) days after the
enactment of this Act. The SECOC shall be composed of five (5) members each
from the Senate and the House of Representatives, which shall include the Chair
of the Senate Committees on Women, Children, Family Relations and Gender
Equality, and of Justice and Human Rights, and the Chair 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 SECOC shall be chaired jointly by the Chair of the Senate Committee

on Women, Children, Family Relations and Gender Equality and the House

14


Committee on Women and Gender Equality. The position of Vice-Chair of the
SECOC shall be jointly held by the Chair of the Senate Committee on Justice
and Human Rights and the House Committee on Human Rights. The Secretariat
of the SECOC shall come from the Secretariat personnel of the Senate and the
House of Representatives committees concerned.

The SECOC shall monitor the compliance of public institutions to the
provisions of this Act. Within three (3) years after the enactment of this Act, the
SECOC 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 SECOC shall cease to exist ten (10) years after its organization

SEC. 14. 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 concems, shall promulgate the necessary rules and
regulations for the effective implementation of the provisions of this Act.

SEC. 15. 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. 16. Repealing Clause. - All laws, decrees, orders, rules and
regulations, or parts thereof inconsistent with this Act are hereby repealed or
modified accordingly.

SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.

Approved,