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

FIFTEENTH CONGRESS
First Regular Session

515
House Bill No, _O 4

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

EXPLANATORY NOTE

The equal protection clause in the Bill of Rights proscribes discrimination on the basis of
sexual orientation or any other status in the enjoyment of rights. The equal protection clause,
according to an eminent constitutionalist, “is the specific constitutional guarantee of the Equality
of the Person.” (J. Bernas, S.J., Constitutional Rights & Social Demands: Notes and Cases, Vol.
II [1991], p. 48) This clause 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.”
(3M. Tuason and Co, vs. The Land Tenure Administration, 31 SCRA 413)

The fundamental law also declares that the State values the dignity of every human
person and guarantees full respect for human rights (Section 11, Article II, 1987 Constitution).
Tt 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. These international human rights instruments have consistently been
interpreted by international institutions, such as the UN Human Rights Committee and the UN
Committee on Economic, Social and Cultural Rights, to include protection against discrimination
on the basis of sexual orientation. In Toonen v. Australia, the UN Human Rights Committee
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 ICESCR to include sexual orientation in the Covenant’s non-
discrimination provisions.

Unfortunately, reality has still to catch up with the noble intentions of these numerous
laws and international agreements. Lesbians and gays continue to be oppressed by the
iniquitous treatment of society at large, primarily because of misconceptions and ignorance.
Sadly for our democracy, gays and lesbians are still considered second class citizens when they
try to exercise the rights to which they are rightfully entitled.

In schools, workplaces, commercial establishments, public service, police and the
military, prejudicial practices and policies based on sexual orientation and gender identity limit
the exercise and enjoyment of basic human rights and fundamental freedoms. Lesbian or gay
students, for instance, are refused admission or expelled from schools due to their sexual
orientation or gender identity. Companies block the promotion of lesbian and gay employees


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due to the deeply embedded notion that homosexuality is an indication of weakness. Laws such
as the anti-vagrancy law are also abused by law enforcement agencies to harass gay men.

There is, therefore, an urgent need to define and penalize practices that unjustly
discriminate against lesbians and gays. It should be emphasized that the list contained herein is
not exhaustive as it focuses only on the most blatant instances of discrimination. Similar
instances of discrimination should be deemed included among the prohibited practices by
analogy.

In view of the foregoing, and of the need to correct the long-standing discrimination
against lesbians and gays in Philippine society, the early passage of this bill is earnestly urged.

LLL

AKA BAG-AO. Hon, WALDEN BELLO
ntative, Akbayan Party-list Representative, Akbayan Party-list


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

FIFTEENTH CONGRESS
First Regular Session

51s
House Bill No,_ 2+

Introduced by AKBAYAN Party-List Representatives
Hon. Kaka Bag-ao and Hon. Walden Bello

AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION
AND GENDER IDENTITY AND PROVIDING PENALTIES THEREFOR

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

SECTION 1. Title. -- This Act shall be known and cited as the “Anti-Discrimination Act.”

SEC. 2. Declaration of policy. -- Itis 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 based on sex or sexual orientation.
Towards this end, discriminatory practices as defined herein shall be proscribed and penalized.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms shall be defined as
follows:

a. Sexual Orientation refers to the direction of emotional sexual attraction or conduct.
This can be 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)

b. Gender Identity refers to the personal sense of identity as characterized, among
others, by manners 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.

. Discrimination shall be understood to imply any distinction, exclusion, restriction, or
preference which is based on any ground such as sex, sexual orientation, gender
identity, whether actual or perceived, and which has the purpose or effect of
nullifying or impairing the recognition, enjoyment, or exercise by all persons of an
equal footing of all rights and freedoms.

SEC. 4. Discriminatory practices. — It shall be unlawful for any person, natural or juridical, to:

(a) Deny access to public service, including military service, to any person on the basis of
sexual orientation and/or gender identity;


137 (b) Include sexual orientation and gender identity, as well as the disclosure of sexual

138 orientation, in the criteria for hiring, promotion and dismissal of workers, and in the
139 determination of employee compensation, training, incentives, privileges, benefits or
140 allowances, and other terms and conditions of employment;

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142 This prohibition on the basis of sexual orientation and gender identity shall also include
143 the contracting and engaging of services of juridical persons.

144

145 (c) Refuse admission or expel a person from educational institutions on the basis of sexual
146 orientation and gender identity, without prejudice to the right of educational institutions
147 to determine the academic qualifications of their students;

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149 This prohibition shall include the imposition of (i) disciplinary sanctions solely on the
150 basis of sexual orientation and gender identity; (ii) penalties harsher that customary
151 primarily due to sexual orientation and gender identity; or (iii) similar punishments and
152 prohibitions.

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134 (d) Refuse or revoke the accreditation, formal recognition, and / or registration of any

155 organization, group, political party, institution or establishment, in educational

156 institutions, workplaces, communities, and other settings, solely on the basis of the
157 sexual orientation or gender identity of their members or of their target constituencies;
158

159 This prohibition shall also include the prevention of and prohibitions on attempts to

160 organize;

161

162 (e) Deny a person access to medical and other health services open to the general public
163 ‘on the basis of such person’s sexual orientation or gender identity;

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

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168 (g) Deny a person access to or the use of establishments, facilities, utilities or services,

169 including housing, open to the general public on the basis of sexual orientation or

170 gender identity; There is a denial when a person is given inferior accommodations or
im services;

1m

173 This prohibition includes the discrimination of juridical persons solely on the basis of the
174 sexual orientation or gender identity of their members or of their target constituencies;
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176 (h) Subject or force any person to any medical or psychological examination to determine
17 andor alter the person's sexual orientation or gender identity without the expressed
178 approval of the person involved, except in cases where the person involved is a minor
179 under the age of discernment in which case prior approval of the appropriate Family
180 Court shall be required. In the latter case, the child shall be represented in the

181 proceeding by the Solicitor General or the latter’s authorized representative;

182

133 (i) Harassment by members of institutions involved in the enforcement of law and the

184 protection of rights, such as the Philippine National Police and the Armed Forces of the
185 Philippines, of any person on the basis of his or her sexual orientation or gender

186 identity. Among other cases, harassment occurs when a person is arrested or otherwise
187 placed in the custody and extortion, physical or verbal abuse takes place, regardless of
188 whether such arrest has legal or factual basis. Harassment of juridical persons on the
189 basis of the sexual orientation or gender identity of their members, stockholders,

190 benefactors, clients, or patrons is likewise covered by this provision.

191

192 () Other analogous circumstances.

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194 SEC. 5. Administrative sanctions. - Refusal of @ government official whose duty is to
195 investigate, prosecute or otherwise act on a complaint for a violation of this Act to perform such


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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. 6. 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 One
Hundred Thousand Pesos (P100,000) but not to exceed Five Hundred Thousand Pesos
(P500,000) or imprisonment of not less than one (1) year but not more than one (6) years, or
both at the discretion of the court. In addition, community service in terms of human rights
education to the perpetrator and exposure to the plight of the victims can be imposed at the
discretion of the court.

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

SEC. 7. 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. 8. Repealing clause. -- All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

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

Approved,