Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS,

First Regular Session

House Bill No. 42

Introduced by Hon. Sol Aragones

EXPLANATORY NOTE

Lesbians, gays, bisexuals, and transgenders continue to be oppressed by the more
bigoted members of society at large, primarily because of misconceptions and ignorance.
LGBT members are becoming increasingly vulnerable to crimes. To date, 156 LGB'Ts have
been murdered (data since 1996), 17 of those in 2012 alone. “Since there is no mechanism
that helps identify hate crime victims, we don’t know how many more have been killed over
the years,” says Marlon Lacsamana of the Philippine LGBT Hate Crime Watch. “The
government needs to recognize, investigate, document and prosecute hate crimes based on
SOGI. For that we need to get the active support of CHR.”!

This runs counter to the equal protection clause in the Bill of Rights which proscribes
discrimination on the basis of sexual orientation or any other status in the enjoyment of
rights. This clause in the Constitution requires that “laws operate equally and uniformly on all
persons under similar circumstances or that all persons must be treated in the same manner,
the conditions not being different, both in the privileges conferred and the liabilities
imposed.” (JM. Tuason and Co. v. The Land Tenure Administration, 31 SCRA 413 (1970) ).

The fundamental law also declares that the State values the dignity of every human
person and guarantees full respect for human rights (1987 Constitution, Article 2, Section 3).
It also imposes on the State the duty to ensure the fundamental equality before the law of
women and men (Sec. 14, Jd). In addition, the Philippines is a signatory to numerous
international agreements that seek to ensure respect for the human rights of all persons
regardless of sex, sexual orientation or any other condition.

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IL Al 3ONES
Representative, 3" District of Laguna

" http://thephilippinelgbthatecrimewatch.blogspot.com/


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS
First Regular Session

House BillNo.. __ ‘3.42

Se ee ee ee

Introduced by Hon. Sol Aragones

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AN ACT
PENALIZING DISCRIMINATION ON THE BASIS OF
SEXUAL ORIENTATION OR GENDER IDENTITY

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 and cited as the “Sexual
Orientation or Gender Identity Discrimination Prohibition Act.”

SECTION 2, Declaration of Policy. - Its the policy of the State to work actively for
the elimination of all forms of discrimination that offends 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 as defined herein shall
be prescribed and penalized,

SECTION 3. Sexual Orientation, Defined. - For the purposes of this Act, sexual
orientation refers to the choice of or the focus given by a person to another as the object of
affection and/ or sexual energies, such other person not necessarily belonging to the opposite
Sex, as in the case of homosexuals.

SECTION 4. Discrimination Practices. - It shall be unlawful for any person, group,

institution or establishment to:


(A) Deny access to public service, including military service, to any person on
the basis of sexual orientation;

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

(©) Refuse admission of a person to educational institutions on the basis solely
of the applicant’s sexual orientation, without prejudice to the right of educational
institutions to determine the qualifications of their students;

(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;

(E) Deny an application for a professional license issued by the government
due to the applicant’ sexual orientation;

(F) Deny a person access to or the use of establishments, facilities, utilities or
services open to the general public on the basis of his or her sexual orientation; for
this purpose, there is a denial when a person is given inferior accommodation or
services;

(G) Deny an application for a license, clearance, certification or any other
document issued by governmental authorities on the basis of the applicant’s sexual
orientation; and

(H) Other practices similar to the foregoing.

SECTION 5. Penalties. - (A) Persons found guilty of any of the discriminatory
practices enumerated in the preceding Section shall be penalized with a fine of not less than
‘Ten Thousand Pesos (P10,000.00) or imprisonment of not less than one (1) month but not

more than one (1) year, or both at the discretion of the court.


(B) The penalty contained herein is without prejudice to the award of damages to the
aggrieved party, as may be proven during the trial. The institution of a criminal action shall
impliedly include the civil action, unless a separate civil action has been filed or a reservation
for the filing of such action is made,

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

SECTION 6. Separability Clause. - If any provision or part hereof, is held invalid or
‘unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent
With, the provisions of this Act is hereby repealed, modified, or amended accordingly.

SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
Publication in at least wo (2) newspapers of general circulation,

Approved,