Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

+ Receven 2

SIXTEENTH CONGRESS
First Regular Session

HOUSE BIL.No, 1842

Introduced by BAYAN MUNA
Representatives NERIJ. COLMENARES and CARLOS ISAGANI T. ZARATE

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

EXPLANATORY NOTE,

‘The 1987 Constitution declares that “the State values the dignity of every human person and
guarantees full respect for human rights” (Article 2, Section 11, 1987 Consticution). It also
imposes on the State the duty co ensute the fandamental equality before the law of women and
men (Article 2, Section 14).

The equal protection clause in the Bill of Rights logically requires that laws are implemented and
applied equally and uniformly on all persons under similar circumscances 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,

‘The Philippines is also a signatory to intemational agreements on the respect for human tights of
all persons regardless of any condition, including sex or sexual orientation, These international
instruments have consistently been interpreted by international institutions, such as the United
Nations Human Rights Committee (UNHRO) and the UN Committee on Economic, Social and
Cultural Rights, to inclade protection against discrimination on the basis of sexual orientation,

The UNHRC has interpreted Article 26 of the International Covenant on Civil and Political Rights
CICCPR), 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, bieth or other status,” to include a protection against
discrimination on the basis of sexual orientation. ‘The Committee on Economic, Social and
Culeural Rights has also interpreted Article 2 of the Intemational Covenant on Lamaomig Social and Caltaea
Rights (ICESCR) to include sexual orientation in the Covenant’s non-discrimination provisions,

‘The present and future realities existing in the country should not be left behind by law. The noble
intentions of numerous national laws and international agreements are still wanting with respect to
‘our compatriot lesbians, gays, bisexuals and transgenders (LGBT). ‘They continue to be
discriminated by society at large, primarily because of misconceptions and systemic State
ignorance, LGBTs often find it difficult to exercise their rights as persons, laborers, professionals,
and ordinary citizens.

Prejudicial practices and policies ~ mostly unstated and unwritten ~ based on sexual orientation
and gender identity severely limit the exercise and enjoyment of the basic rights and fundamental
freedoms in schools, workplaces, commercial establishments, the civil service, even the security
services.



LGBT students are denied admission or expelled from schools due to their sexual otientation or
gender identity. Companies block the promotion and stymie the career advancement of gay of
lesbian employees due to the deeply embedded notion that homosexuality denotes weakness. Laws
such as the current anti-vagrancy law are also abused by the law enforcement agencies to harass
gay men,

‘tis therefore imperative to define and penalize practices that discriminate against LGBTs. It
should be noted that the list hetein is not exhaustive as it focuses only on the most blatant
instances of discrimination, Instances of discrimination of similar nature should be deemed
included among the prohibited practices by reasonable analogy.

LGBTs do nor want nor claim additional “special” or “additional rights.” This bill aims to forward
the observance of the same rights as those of heterosexual persons that are denied - either by
current laws ot practices - basic civil, political, social and economic rights.

In view of the need to remedy the long-standing discrimination against LGBT in Philippine
society, the carly passage of this bill is earnestly sought.

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Approved,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

1842

HOUSE BILL No.

Introduced by BAYAN MUNA.
Representatives NERI J. COLMENARES and CARLOS ISAGANI T. ZARATE

AN ACT
DEFINING 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 ofthe Philippines of the Congress assembled:
SECTION 1. Title, ~ This Act shall be known as the “Anti-Discrimination Act of 2013.”

SECTION 2. Declaration of Policy. - It is the policy of the state to work actively for the
climination of all forms of discrimination that offends the equal protection clause of the Bill of
Rights and the State obligations under human sights instraments acceded to by the Republic of the
Philippines, particularly those discriminatory practices based on sex of sexual orientation, Towards
this end, discriminatory practices as defined herein shall be proscribed and penalized

SECTION 3. Definition of Terms.
defined as follows:

‘ot purposes of this act, the following terms shall be

4, Sexual Orientation denotes the ditection of emotional sexual attraction ot conduct, This
can be towards people of the same sex (homosexual orientation) of towards people of both
sexes (bisexual orientation) or towards people of the opposite sex (heterosexual
orientation).

Sexual orientation is not equivalent to sexual behavior since this refers to feelings and
self-concept, Persons may or may not express their sexual orientation in their behaviors.

4, Gender Identity denotes the personal sense of identity as characterized, among others, by
‘manners of clothing, inclinations, and behavior in relation to masculine or feminine
conventions. A petson 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.

SECTION 4. Discriminatory Practices. -It shall be unlawful for any person, natural or
juridical, to:

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


(b) Include sexual orientation and gender identity, as well as the disclosure of sexual orientation,
in the criteria for hiring, promotion and dismissal of workers, and in the determination of
employee compensation, training, incentives, privileges, benefits or allowances, and other

terms and conditions of employment;

‘This prohibition on the basis of sexual orientation and gender identity shall also include the
contracting and engaging of services of juridical persons,

(6) Refuse admission ot expel a person from educational institutions solely on the basis of sexual
orientation and gender identity;

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

(d) Prohibit or prevent the efforts to organize, refuse or revoke the accreditation, formal
recognition, and registration 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 of their members or of their target
constituencies;

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

(® Deny an application for, or revoke @ professional license issued by government due to
the applicant's sexual orientation or gender identity;

(@ Deny a person on the basis of sexual orientation or gender identity access to or the use of
establishments, facilities, utilities or services, including housing, that ate open to the general
public. There is a denial when a person is given inferior accommodations or services based on
sexual orientation or gender identity;

‘This prohibition includes the disctimination of juridical persons solely on the basis of the
sexual orientation of gender identity of their members or of their target constituencies;

(h) Subject any person to any medical or psychological examination to determine and/or
alter the person’s sexual orientation or gender identity without the expressed approval of the
person involved, except in cases where the person involved is a minor under the age of
discernment in which ease prior approval of the appropriate Family Coure shall be required,
In the lateer case, the child shall be represented in the proceeding by the Solicitor General or
the latter's authorized representative;

() Harassment by members of institutions involved in the enforcement of law and the
protection of rights, such as the Philippine National Police (PNP) and the Armed Forces of the
Philippines (AFP), of any person on the basis of his or her sexual orientation or gender identity.
Among other cases, harassment occurs when a person is atresced or otherwise placed in the
custody of the government institution and extortion, physical or verbal abuse takes place,
regardless of whether such arrest has legal or factual basis. Harassment of juridical persons on the
basis of the sexual orientation or gender identity of their members, stockholders, benefactors,
clients, or patrons is likewise covered by this provision.

(i) Other analogous circumstances.

SECTION 5. Administrative sanctions. — Refusal of a government official whose duty is ¢©
investigate, prosecute or otherwise act on a complaint for a violation of this Act to perform such a
duty without a valid ground shall constitute gross negligence on the part of such official who shall

4


suffer the appropriate penalty under civil s

vice laws, rules, and regulations,

SECTION 6. Penalties. ~ (a) Persons found guilty of any of the disesiminatory practices
enumerated in the preceding section shall be penalized with a fine of not less chan Two Hundred
Fifty Thousand Pesos (P250,000) but not to exceed Five Hundred Thousand Pesos (P500,000) or
imprisonment of not less than one (1) year but not more than six (6) yeuts, or both at the diseretion
of the court.

(b) The officials directly involved shall be fiable for violations commiteed by corporations,
‘onganizations or similar entities

(©) Community service time in terms of human rights education to the perpetrator and exposure to
the plight of the victims shall be additionally imposed at the discretion of the court,

SECTION 7. Separability clause. — If any provision of this Act is declared unconstitutional ot
otherwise invalid, the validity of the other provisions shall not be affected thereby.

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

SECTION 9. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication in the
Official Gazette ot in two (2) newspapers of general circulation.

Approved,