Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
House Bill No. 4216

INTRODUCED BY REP. ALFRED VARGAS

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.

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.

* https://businessmirror.com. ph/2019/07/03/united-nations-stands-with-lebtqi/


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

F VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
House Bill No. 4216

INTRODUCED BY REP. ALFRED VARGAS

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF ETHNICITY, RACE,
RELIGION OR BELIEF, SEX OR GENDER OR SEXUAL ORIENTATION,
LANGUAGE, DISABILITY, EDUCATIONAL ATTAINMENT, AND OTHER FORMS
OF DISCRIMINATION, PROVIDING PENALTIES THEREFOR, AND FOR OTHER
PURPOSES

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


nant on Economie, Socta

‘on Civil and Political Rights, International Cow and Cultural Rights,

and all other relevant and universally-aecepted human rights instruments and other international

conventions to which the Philippines tsa signatory. In the enforcement of this Act, all duc 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 reters to any distinction, exclusion, restriction, or preference which

1s based on any ground such as sex, sexual orientation, vender identity br expression, and which

has the purpose or effect of nullifying or impairing the recognition, Access to. enjoyment, oF

exercise by all persons on

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:

c. 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;


e. 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;

fg.  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;

bh. Sexrefers to male, female, or intersex. Intersex refers tolpeople 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 2
spectrum;

i Nexnal Orientation refers to the direetion of emotional. seXual attraction, or conduct

towards peuple of the same sex (homosexual onrentation) oF tow

ds people of both sexes (bisexual
orientation), or towards people of the opposite sex (heterosexual ortentation) oF to the absence of

sexual al 1 orientation); and

faction (asexua

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. - I'shall be unlawful for any person, natural or juridical,

sin discrimmation as defined 1n this Act, whieh shall include
(ay 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

a nd other human resource movement and

signment. dismissal of workers.

‘ignment,

action, performance review, and in the determination of employee compensation, access 10

nw and development intervention

.er development opportumties, training, and other learn
incentives. privileges. benefits or allowances, and other terms and conditions of employment
Prownded That. this provision shall apply to employment and skills training in both the private

sector and public service, including military, pohee, 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

expre:

jon of the student’s parents or guardian: Provided, However, That the right of

lifications of their students

educational and traning institutions to determme the academic qu

‘or trames shall be duly upheld,

(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 sextal orientation or ender identity or expression, including discriminating

agaist a student of tramec due to the sexual orientation or gender identity or expression of the

student’s parents o gtiard

an.

{e) Refusing or revoking the accreditation, formal 1

Hon oF plan to

cognition, regis!

organize of any organization, group. politcal party, stitution, oF establishment in educational


institutions, workplaces, communities, and other settings, solely on the basis of the sexual
ontentation or gender identity or expression of their members or of their target constituencies.
(0) Denying a person access to public or private medical and ather health services open

to the general public on the basis of such person's sexual orientation or gender identity or

expressio

(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 vovernment due to the applicant's sexual orientation or gender identity or

expression:

(hy Denying a person access to oF 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

Jurther, hat establishments will make available their existing toilets with facilities designated

for persons with disabilities also as gender neutral toilets, Provided finally, Thar this prohibition
covers acts of discrimination against juridical persons solely on the basis of the sexual

oremtation or gender identity or expression of their members or of their target constitu

(i) Subjecting or foreing any person to undertake any medical or psychological

examination to determine or alter, or both, the person's sexual onentation or gender identity or

ses where the

expression without the expressed approval of the person involved, except in

person involved ts a minor and below the age of discemment in which case prior approval of

the appropriate Family Court shall be required. In the latter case, the child shall be represented

1n the proceedings by the Solicitor General or the latter's authorized representative:


ment, coercion, or threats committed by members of institutions involved in

the enforcement of law and the protection of nghts of any person on the basis of sexual

ation or vender identity or expression Among other cases. prohibited acts under this
section inchide arresting or placing under custody, and subjecting a person to extortion,

or factual

physical, verbal abuse, or sexual abuse, regardless of whether sueh drrest has le

basis. Harassment, coercion, or threat of juridical persons on the basis of the sexual orientation

sion of their members, stockholders, benefactors, clients, or patrons

or gender identity or expre:
is likewise covered by this provision:

(k) Publishing information intended to “out” or reveal the sex, sexual orientation, or
ender identity of persons without their consent, when such has not been made known by the

person/s concerned, and has beet

made with malicious intent or is primarily motivated by a

desire for commerce

1 profit

aging in public speech, except religious speech meant to shame, insult
or which tends to incite or normalize the commission of discriminatory practices against
LGBITs, and which acts or practices in turn, intimidate them or result in the loss of their self=
esteem

such

Subjecting persons or groups of persons to harassment penerally defined as

ch tend to annoy, insult, bully

unwanted conduct, pattern of conduet, act, or series of acts wh

demean, offend. threaten, intimidate. alarm, or create a hostile or emotionally distressing

environment, oF put them in fear of their safety, and which behavior 1s motivated in whole or

in part by the offender's bias, belief or perception regarding the offended party's gender. sextial

orientation, gender identity or expression, regardless of whether the belief or pers

ption is

correct. Such prohibited act may include physica alking, or making derogatory


comments, slurs or lewd propositions, and may be conducted through any form of medium,

including but not limited to, visual representation, broadeast communication, correspondence

or communication through mail or any telecommunieation device, or through the internet oF

cyberspace.
(ny Subjecting any person to gender profiling or to any investivatory activities. whieh

melude (1) unnecessary. unjustified. legal. or degrading searches fo determine whether an

individual 1s engaged m an activity presumed to be unlawful, immoral, or socially

unacceptable:(ii) recording and analyzing a person's psychological and behavioral

st

character n identifying a

stics to make generalizations about a persons sexuality or to 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 agaist the child or by causing mental or emotional suffering of

‘ated verbal

the child through inumidation, harassment, public ridicule or humiliation, rep

abus act or omission prejudicial to the

or other similar means, or in general, commit any

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 1

pairing or nullifying the enjoyment, recognition, or exereise of a person's rizhts and

SEC 3 Privacy Righty No person shall be burdened. prejudiced, or prosecuted by

of the exercise of the right to personal privacy


SEC. 6, ddimmstranve Sanctions = Retusal of a yovernment bfficial whose duty is to

investivate, prosceute, 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 disetiminatdry practice described in

Section 4 shall, upon conviction, be penalized by a fine of not less than One hundred thousand

pesos (100,000) but not more than Five hundred thousand pesos (500,000) 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 frotn the criminal offense;

Iva graver offense motivated by bias, prejudice, or hatred against sexual orientation or
1 be meted the corresponding maxi

ender identity or expression is committed, such sh m

penalties,

Any action arising from the violation of the provisions of this Act shall preseribe in three

(3) years.
Nothing in tins Act shall preclude the victim from instituting a separate and independent
ble

Jets or such other cases for violation of other applica

action for damages and other affirmativ

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 hability for government official

nd employees.

SEC. 8 Spectal Ageravaring Circumstance. A person who commits any of the erimes in

the Rev

ed 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 SOG IE -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 sehsitivity and awareness in
proper terminology, dynamics of lesbian, gay, bisexual, and transgender (LGBT) relationships and

hate crime investigations

Complainant-mmors can be represented by parents, guardians, or a non-government

organization of

pod standing and reputation
B Role of the Commission on Human Rights (CHR) ‘The CHR shall investigate and

recommend the filing of a complaint ag:

inst 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 rcommend 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

sd under

officer or employee at faull or who neglects to perform an act or dischatge a duty requit

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 eause to act on the recommendation of the CHR to revoke the license,
or prosecute an officer or employee who is at fault, or

remove, suspend, demote, fine, cens'

who neglects to pertorm 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

vender identity or expression and shall include these documented cases jn its annual human rights

report. The Commission shall actively provide recommendations to different branches of

vovernment on how to address and eliminate diserimination on the basts of sexual orientation or
render 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 direet the machinery and resources of the State to promote non-discrimination and shall

It shall ensure the

encourage other sectors of the society to engage and participate in thes¢ efforts
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 sbcial protection programs.


8. 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 schoo!
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 Commitice - For the efléctive implementation of this

Act, there shall be created a Congressional Oversight Committee, hereinafter referred to as the

SOGIF Equa

1) Oversight Committee, within sixty (60) days after the enactment of this Act The

SOGIE Equality Oversight Commitice shall be composed of five (5) members each from the

enate

Senate and the House of Representatives, which shall include the Chairpersons of the

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
Jeast one (1) member representing the minority

Phe SOGIE: Equality Oversight Committee shall be chaired jointly by the Chairpersons of

the Senate Committee on Women, Children. Family Relations and Gender ity and the House
Committee on Women and Gender Equality. The position of Vice-Chairperson of the SOGIE

Equality Oversight Commitee 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

SOGIF Equality Committee shall come from the Seeretariat personnel of the Senate and the House

of Representatives committees concerned.

The SOGIF. 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

ality Oversight Committee shall conduct an audit of natfonal and local policies that

discriminate on the bi jon, and shall submit

of sexual orientation or gender identity and express
4 report to Congress. the Olfice 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 (CS

), 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,