NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
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23 AUG “8 A 8:43
SENATE2396
S.B. No.
Rb'CEIVEDBV.
Introduced by SENATOR IMEE R. MARCOS
AN ACT
PROHIBITING DISCRIMINATION, MARGINALIZATION, AND VIOLENCE 
COMMITTED ON THE BASIS OF SEXUAL ORIENTATION 
OR GENDER IDENTITY OR EXPRESSION (SOGIE) AND PROVIDING
PENALTIES THEREFOR
EXPLANATORY NOTE
Currently, there is no law that addresses discrimination against members of the 
Lesbian, Gay, Bisexual and Transgender (LGBT) community in the Philippines. Equality, 
enshrined as a core democratic value in the Constitution, is neither guaranteed nor 
operationalized for the members of the LGBT community in any existing law.
Countries such as Canada, Portugal, and Sweden, among others, have 
previously enacted their own anti-discrimination laws. In fact, five (5) countries, like 
Bolivia, Ecuador, Fiji, Malta, and the United Kingdom, have expressly indicated in their 
respective Constitutions that they shall guarantee and protect their citizens' right to 
equality based on sexual orientation and gender identity.
Despite the national government's ongoing efforts to promote equality and 
inclusivity, instances of SOGIE-based harassment still occur in various forms in the 
country. These include verbal or physical abuse such as derogatory remarks, name­
calling, or slurs directed at individuals based on their sexual orientation or gender 
identity. It may also involve physical assault, threats, or acts of violence motivated by 
bias against individuals with diverse SOGIE. Further, SOGIE-based harassment can 
occur in professional settings, leading to discriminatory practices in hiring, promotions, 
or work assignments. In educational institutions, students with diverse SOGIE can be 
targets of bullying or harassment which can negatively affect their academic 
performance and emotional well-being. In extreme cases, SOGIE-based harassment 
can escalate to hate crimes, such as physical assaults, sexual violence, or even murder, 
motivated by bias against individuals with diverse SOGIE.


The bill seeks to protect Individuals from discrimination based on their SOGIE In 
various aspects of life, such as employment, education, healthcare, and access to public 
services. It aims to ensure that all individuals, regardless of their sexual orientation or 
gender identity, are treated equally and fairly as well as foster a more inclusive society, 
free from discrimination and prejudice. Also, the bill provides legal protections against 
discrimination and harassment, promote equal rights and opportunities, and ensure 
that individuals are not unfairly treated or marginalized based on their SOGIE.
The undersigned also filed this measure in the 18th Congress.
Thus, the immediate passage of this bill is earnestly sought.
IMEE R. MARCOS


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
)
f'Zh S>Euati'
23 AUG-8 A 8:44
SENATE
S.B. No.
Introduced by SENATOR IMEE R. MARCOS
AN ACT
PROHIBITING DISCRIMINATION, MARGINALIZATION, AND VIOLENCE 
COMMITTED ON THE BASIS OF SEXUAL ORIENTATION 
OR GENDER IDENTITY OR EXPRESSION (SOGIE) AND PROVIDING
PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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SECTION 1. Short Title. -This Act shall be known as the "SOGIE-basedAnti-
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Discrimination Act'.
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SEC. 2. Declaration of Policy. -The State recognizes the fundamental right to
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equality and freedom from discrimination of every person regardless of sex, age, class,
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status, ethnicity, color, disability, religious and political beliefs, sexual orientation, or
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gender identity or expression, to equality and to be free from any form of discrimination.
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It shall, therefore, intensify its efforts to uphold, protect, and respect the rights and
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dignity of every Individual.
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Towards this end, the State shall address all forms of discrimination,
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marginalization and violence on the basis of sexual orientation, or gender identity or
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expression, and promote human dignity as enshrined In the 1987 Constitution, the
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United Nations Universal Declaration on Human Rights, the Convention on the
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Elimination of All Forms of Discrimination Against Women, particularly the General
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Recommendation No. 28 on Non-discrimination Based on Sexual Orientation and
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Gender Identity, Convention on the Rights of the Child, International Covenant on Civil
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and Political Rights, International Covenant on Economic, Social and Cultural Rights,
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and all other relevant human rights instruments and international conventions to which
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the Philippines is a signatory. In the enforcement of this Act, the fundamental right of
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parents in the upbringing of their children in accordance with their religious convictions


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will be given all due respect. In all matters, the best interest of children shall be 
paramount.
SEC. 3. Definition of Terms. 
to the following:
As used in this Act, the following terms shall refer
a) Chiid refers to a person below eighteen (18) years of age or older but who is 
incapable of taking care of one's self, as defined under Republic Act No. 7610, 
as amended;
b) Discrimination refers to any distinction, exclusion, restriction, or preference 
which is based on any ground such as sex, sexual orientation, gender identity or 
expression, among others, and which has the purpose or effect of nullifying or 
impairing recognition, access to, enjoyment, or exercise by all persons of all 
rights and freedoms. The birth gender, 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 
through behavior, clothing, hairstyles, communication or speech pattern, or body 
characteristics;
d) Gender Identity refers to the personal sense of Identity of an individual as 
characterized, among others, by the 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 biases against gender, sexual 
orientation, gender identity or expression;
f) Harassment refers to unwanted act or series of acts which tend to annoy. Insult, 
bully, demean, offend, threaten, intimidate, alarm, or any other conduct which 
creates a hostile or emotionally distressing environment, or put one in fear of 
their safety; such act may also include physical assault, stalking, or making 
derogatory comments, sexist, homophobic or transphobic slurs or lewd 
propositions;
g) LGBT Community refers to the collective of persons who are male and female 
homosexuals (gays and lesbians, respectively), bisexual, and transgender;


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h) 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;
i) Persons of Diverse Sexual Orientation, Gender Identity, Expression and Sex 
Characteristics (SOGIESC) refers to the collective of persons who are male and 
female homosexuals or "gays" and "lesbians", respectively; including persons 
who are attracted to people of more than one (1) gender or "bisexuals"; persons 
whose gender identity do not align with their sex or gender assigned at birth or 
"transgender" persons; or persons whose primary and/or secondary sex 
characteristics, or their combination of chromosomes, external genitalia, gonads, 
hormones, and/or internal reproductive organs, differ from the two (2) expected 
patterns of "female" and "male" and cannot be easily categorized as either of 
them or "intersex" persons; persons whose sexual orientation, gender identity, 
or gender expression does not conform to cisgender-heterosexual norms or 
"queer"; persons whose gender do not fall within the gender binary of female 
and male or "non-binary"; or persons whose gender expression does not align 
with their gender identity or "gender non-conforming" persons, among others;
j) Profiling refers to subjecting a person or group of persons to investigatory 
activities, which include unnecessary, unjustified, illegal, and degrading 
searches, seizures, detention, questioning, inclusion in a list or other acts 
committed for the purpose of determining whether an individual or a group is 
engaged in an activity presumed to be unlawful, immoral or socially 
unacceptable;
k) 5<sy refers to male, female, or intersex. 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;
l) Sexuai Orientation refers to the direction of emotional, sexual attraction, or 
conduct towards people of the same sex (homosexual orientation) or towards 
people of both sexes (bisexual orientation), or towards people of the opposite
m) Stigma refers to the devaluation and dehumanization of an individual in the eyes 
of others 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. - It shall be unlawful for any person, natural 
or juridical, to cause discrimination or to discriminate on the basis of sexual orientation 
or gender identity or expression as defined in this Act, by:
a) Denying access to public services, including military service;


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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 assignment, re-assignment, dismissal, and other human 
resource movements, performance review, and in the determination of 
employee compensation, access to career development opportunities, training, 
and other learning 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 sector and public service, including military, police, and other 
similar services; and 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 including discriminating against a student due to the sexual 
orientation or gender identity or expression of the student and/or the student's 
parents or guardian: Provided, however. That the right of educational and 
training institutions to determine the academic qualifications of their students 
shall be duly upheld;
d) Promoting and encouraging stigma on the basis of SOGIESC in the media, in 
educational textbooks, and other medium. Inciting violence and sexual abuse 
against any person or group on the basis of SOGIESC is likewise prohibited;
e) 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 sexual orientation or gender identity or 
expression of their members or of their target constituencies;
f) Denying a person access to public or private medical and other health services 
open to the general public;
g) 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;
h) Denying a person access to or the use of establishments, facilities, utilities, or 
services, including housing, open to the general public: Provided, That the act 
of giving Inferior accommodations or services shall be considered a denial of 
access or use of such facility or service: and Provided, finally. That this 
prohibition covers acts of discrimination against juridical persons solely on the 
basis of the sexual orientation or gender identity or expression of their members 
or of their target constituencies;


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i) Subjecting or forcing any person to undertake any medical or psychological 
examination to determine or alter, or both, the person's sexual orientation or 
gender identity or expression without the express approval of the person 
involved. Provided that, in cases where the person involved is a minor and below 
the age of discernment, prior approval of the appropriate Family Court shall be 
required, and Provided further, that in the latter case, the child shall be 
represented in the proceedings by the Solicitor General or the latter's authorized 
representative;
j) Harassment, coercion, or threats committed by members of law enforcement 
agencies including discriminatory acts committed during the process of arresting 
or placing a person under custody, or while a person is under arrest or in 
custody, such as, among others, extortion, and any form of physical, verbal or 
sexual abuse, as well as similar actions committed by juridical persons on their 
members, stockholders, clients, or patrons;
k) Engaging In public speech meant to shame, insult, vilify, and incite or normalize 
the commission of discriminatory practices against LGBTs;
l) Subjecting persons or groups to harassment generally defined as such unwanted 
conduct, pattern of conduct, act, or series of acts which tend to Insult, bully, 
demean, threaten, intimidate, or create a hostile environment, or instill fear for 
their safety, which include physical assault, stalking, or making derogatory 
comments, or lewd propositions, through any form or medium, including but not 
limited to, visual representation, broadcast communication, correspondence or 
communication or any telecommunication device, or through the internet or 
cyberspace;
m) Subjecting any person or group to gender profiling or to any unlawful 
investigatory activities, such as (1) illegal searches to discover any activity that 
may be deemed immoral or socially unacceptable; (2) recording and analyzing, 
without the consent of the person/s concerned, the psychological and behavioral 
characteristics of such person/s to make generalizations about their sexuality or 
to assist in identifying their sexual orientation or gender identity; and
n) Preventing or rejecting children, under parental authority, custody, or 
guardianship, their sexual orientation or gender Identity or expression by 
inflicting or threatening to Inflict bodily or physical harm on them, or by causing 
them mental or emotional suffering through intimidation, harassment, public 
ridicule or humiliation, repeated verbal abuse, or other similar means, or by 
committing pany act or omission prejudicial to the welfare and interest of the 
children due to their sexual orientation or gender identity.


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SEC. 5. Administrative Sanctions. - Government officials who fail to investigate, 
prosecute, or act on a complaint for any violation of this Act, or who cause unreasonable 
delay in the investigation, prosecution or any action on such complaint shall be deemed 
to have committed gross negligence and shall be imposed the appropriate 
administrative penalties under existing civil service laws, rules and regulations.
SEC. 6. Penalties. - A person who commits any discriminatory practice described 
in Section 4 shall, upon conviction, be penalized by a fine of not less than One hundred 
thousand pesos (Phpl00,000.00) but not more than Five hundred thousand pesos 
(Php500,000.00) or imprisonment of not less than six (6) months but not more than 
six (6) years, or both.
If the discriminatory act is committed by a corporation, partnership, association 
or other juridical entity, the penalty provided in this section shall be imposed upon the 
directors and officers thereof, without prejudice to the civil liabilities arising from the 
offense.
Any action arising from the violation of the provisions of this Act shall prescribe 
in three (3) years.
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. 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 liabilities on erring government officials and employees.
SEC. 7. Special Aggravating Circumstance. - A person who commits any of the 
crimes in the Revised 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 crime.
SEC. 8. Redress Mechanism for SOGIE-Reiated Offenses. - The Women and 
Children's Desks now existing in all police stations shall be renamed as Women, 
Children and LGBTQ++ Protection Desks, to enable them to also act on and attend to 
complaints/cases covered by this Act. In this regard, police officers shall undergo 
trainings on human rights and SOGIESC, gender sensitivity and awareness, and the use 
of the human rights approach in the handling. Investigation, and documentation of 
cases filed by persons of diverse SOGIESC.


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Complainants who are minors shall be represented by parents, guardians, or a 
non-government organization of good standing and reputation.
SEC. 9. Government Programs and Policies. - The State shall pursue initiatives 
and programs that seek to establish and maintain an environment free of 
discrimination. It shall actively 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. - The national government shall ensure that 
communities vulnerable to discrimination on the basis of sexual orientation or 
gender identity or expression are integrated into government-run social 
protection programs; and
b) 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 endeavor to provide trainings for their 
employees, students, trainees, and constituents on 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; Provided that, such agencies may 
incorporate these activities into their existing gender sensitivity and 
development training programs, if any, or school curricula; Provided, further 
that, the above agencies, companies and institutions shall establish internal 
redress mechanisms to address cases of discrimination and implement 
administrative remedies or sanction for such cases.
SEC. 10. Anti-discrimination Congressional Oversight Committee. - For the 
effective implementation of this Act, there shall be created a Congressional Oversight 
Committee, hereinafter referred to as the Anti-Discrimination Oversight Committee, 
within sixty (60) days after the effectivity of this Act.
The Anti-Discrimination Oversight Committee shall be composed of five (5) 
members each from the Senate and the House of Representatives, which shall include 
the Chairpersons of the Senate Committees on Women, Children, Family Relations and 
Gender Equality, and Justice and Human Rights, and the Chairpersons of the House of 
Representatives Committees on Women and Gender Equality, and 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 Anti-Discrimination Oversight Committee shall be chaired jointly by the 
Chairpersons of the Senate Committee on Women, Children, Family Relations and 
Gender Equality and the House Committee on Women and Gender Equality. The


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position of Vice-Chairperson of the Anti-Discrimination Oversight Committee 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 Anti-Discrimination 
Committee shall come from the Secretariat personnel of the Senate and the House of 
Representatives committees concerned.
The Anti-Discrimination 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 Anti-Discrimination Oversight Committee shall conduct an 
audit of the relevant national and local policies and shall submit a report to Congress, 
and the Office of the President, on this matter.
SEC. 11. Implementing Rules and Regulations. - Within sixty (60) days from 
the effectivity of this Act, the Civil Service Commission (CSC), Department of Justice 
(DOJ), Philippine National Police (PNP), Department of National Defense (DND), 
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 implementing rules and regulations for the effective 
implementation of the provisions of this Act.
SEC. 12. 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. 13. Repealing Clause. - All laws, decrees, orders, rules and regulations, 
or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication In the Official Gazette or in a newspaper of general circulation.
Approved,