Eighteenth Congress
First Regular Session

HOUSE BILL NO. 0640

introduced by
REPRESENTATIVE LOREN B. LEGARDA

PROHIBITING DISCRIMINATION ONT THE BASIS OF SEXUAL ORIENTATION
AND GENDER IDENTITY OR EXPRESSION (SOGIE) AND PROVIDING
PENALTIES THEREFOR
EXPLANATORY NOTE

The 1987 Constitution guarantees the right of every Filipino to equal protection
of the laws and full respect of human rights as well as the right to life, to be free from
torture, to freedom of expression, and to be free from any type of discrimination.
However, many reports, studies and surveys show that discrimination based on sexual
orientation and gender identity or expression (SOGIE) persists in our society.

Numerous members of the lesbians, gays, bisexuals, transgenders, intersex,
and queers (LGBTIQ) community have related unfortunate incidents of harassment
and aggravation by individuals or groups who seemed to lack recognition,
appreciation, and understanding of SOGIE. According to a study conducted by the
United Nations (UN), thirty (30%) percent of LGBTIQs reported harassment and
discrimination cases while at work due to their SOGIE. Moreover, based on the 2018
survey from Rainbow Rights Philippines, six in every ten LGBTIQs have experienced
discrimination, of which most cases happened in schools. Based on another study

conducted by the Philippine LGBT Chamber of Commerce and research firm


Cogencia, out of the 100 companies surveyed, no Philippine-based companies were
found to implement policies to protect employees from SOGIE-based discrimination.

Thus, this proposed measure seeks to address this concern and to secure the
welfare of not only the LGBTIQ community but also all Filipinos of any class, status,
ethnicity, color, and beliefs. This measure intends to help recognize the rights of the
LGBTIQ so they can fully enjoy such rights, and to provide them the opportunities to
develop their skills and reach their full potential as individuals and as members of the
Filipino society.

In view of the foregoing, the passage of this bill is earnestly sought.

_——terewczeenon


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Eighteenth Congress
First Regular Session

HOUSE BILL NO. 064)

Introduced by
REPRESENTATIVE LOREN B. LEGARDA

‘AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION
AND GENDER IDENTITY OR EXPRESSION (SOGIE) AND PROVIDING
PENALTIES THEREFOR

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Short Title. — This Act shaft be known and cited as the "Anti-
Discrimination Act of 2019."

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, to be free from any form of
discrimination. It shall therefore intensify its efforts to fulfil its duties under 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 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


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Non-discrimination based on Sexual Orientation and Gender Identity, Convention on
the Rights of the Child, International Covenant on Civil and Political Rights,
International Covenant on Economic, Social and Cultural Rights and all other relevant
and universally accepted human rights instruments and other international
conventions to which the Philippines is a signatory of.

SEC. 3. Definition of Terms. — As used in this Act, the following terms shall be

defined as follows:

a. Discrimination - refers to any distinction, exclusion, restriction, or preference
based on the ground sex, sexual orientation, gender identity or expression,
hereinafter referred to as “SOGIE", and has the purpose or effect of
nullifying or impairing the recognition, access to, enjoyment, or exercise by
all persons on an equal footing of all rights and freedoms. For purposes of
this provision, the actual sex, sexual orientation or gender identity of the
person subjected to discrimination shall not be relevant for the purpose of
determining to whether an act of discrimination has been committed.

b. Gender Expression - refers to the outward manifestations of the cultural traits
that enable a person to identify as male or female according to patterns that,
at a particular moment in history, a given society defines as gender
appropriate.

c. 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.

d. Profiling - refers to subjecting a person or group of persons to investigatory
activities, which include unnecessary, unjustified, illegal, and degrading

searches, or other investigatory activities, in determining whether an


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individual is engaged in an activity presumed to be unlawful, immoral or
socially unacceptable.

e. 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).

f. 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. Communities Vulnerable to Discrimination and Abuse on the Basis of
SOGIE. - This Act seeks to protect individuals and communities that experience
human rights violations on the basis of SOGIE, including, but not limited to, individuals
and communities of diverse sexual orientation or gender identity or expression who
are children, young, poor, differently abled, of different ethnic background or cultural
background, and of various religious beliefs.

SEC. 5. Discriminatory Practices. - It shall be unlawful for any person, natural
or juridical, to:

a. Promote and encourage stigma on the basis of SOGIE in the media, in
educational textbooks, and other medium. Inciting violence and sexual
abuse against any person or group on the basis of SOGIE is likewise
prohibited;

b. Include SOGIE, as well as the disclosure of sexual orientation, in the criteria
for hiring, promotion, transfer, designation, work assignment, re-
assignment, dismissal of workers, and other human resource movement
and action, performance review and in the determination of employee,

compensation, career development opportunities, training, and other


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leaming and development interventions, incentives, privileges, benefits or

allowances, and other terms and conditions of employment: Provided, That

this provision shall apply to employment in both the private sector and

public service, including military, police and other similar services; Provided

further, That this prohibition shall likewise apply to the contracting and

engaging of the services of associations or organizations with lesbians,

gays, bisexuals, transgenders, intersex, or queers (LGBTIQs) members or

of associations or organizations advocating LGBTIQs rights;

c. Refuse admission or expel a person from any educational or training

institution on the basis of SOGIE: Provided, however, That the right of

educational and training _ institutions

to determine the academic

qualifications of their students or trainees shall be duly upheld;

d. Impose 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 SOGIE, including discriminating

against a student or trainee due to the SOGIE of the student's parents or

legal guardian;

e. Refuse or revoke 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 SOGIE of their members or of their

target constituencies;

f. Deny a person access to public or private medical and other health services

‘open to the general public, as well as access to public and private health

insurance, including HMOs, on the basis of SOGIE;

g. Deny an application for or revoke, on the basis of SOGIE, any government

license, authority, clearance, permit,

certification, or other similar


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documents necessary to exercise a profession, business, or any other
legitimate calling;

h. Deny a person, access to or the use of establishments, facilities, utilities or
to services, including housing, open to the general public on the basis of
SOGIE: 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 further, That this prohibition covers acts of discrimination
against juridical persons solely on the basis of the SOGIE of their members
or of their target constituencies;

i. Subject or force any person to undertake any medical or psychological
examination to determine or alter the person's SOGIE without the expressed
approval of the person involved, except in cases where the person involved
is a minor and below the age of discernment in which case prior approval of
the appropriate Family Court shall be required. In the latter case, the child
shall be represented in the proceedings by the Solicitor General or the
latter's authorized representative;

j. Subject any person, natural or juridical, to profiling, detention, or verbal or
physical harassment on the basis of SOGIE. Profiling, detention, or verbal
or physical harassment on the basis of SOGIE by members of law
enforcement agencies, including the military, police, immigration, is likewise
prohibited. Physical or verbal harassment based on SOGIE of persons in
custody or detention of the police, including subjecting them to extortion, is
also prohibited; and,

k. Subject a person to any other analogous acts that shall have the effect or
purpose of impairing or nullifying the enjoyment, recognition, and exercise

of a person's human rights and fundamental freedoms.


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SEC. 6. Administrative Sanctions. - Willful refusal of a government official
whose duty is to 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 the official and shall be subjected to pertinent administrative
sanctions.

SEC. 7. Penalties. - Any person who commits any discriminatory practice
described in Section 5(a), 5(d), 5(e), 5(g), and 5(h), upon conviction, be penalized by
a fine of not less than One Hundred Thousand Pesos (P100,000) but not more than
‘Two Hundred Fifty Thousand Pesos (P250,000) or imprisonment of not less than one
year but not more than six (6) years, subject to the discretion of the court.

Any person who commits any discriminatory practice described in Section 5(b),
5(c), 5(f), 5(i), and 5(j) shall, upon conviction, be penalized by a fine of not less than
Two Hundred Fifty Thousand Pesos (P250,000) but not more than Five Hundred
Thousand Pesos (P500,000) or imprisonment of not less than six (6) years but not
more than twelve (12) years, subject to the discretion of the court.

Any person who commits any discriminatory practice described in Section 5(k)
shall upon conviction be penalized with the same penalty as the prohibited act to which
itis analogous.

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.
Nothing in this Act shall preclude the victim from instituting a separate and
independent action for damages and other affirmative reliefs.

The penalties provided under this Section shall be without prejudice to the

imposition of administrative liability for government officials and employees.


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SEC. 8. Discriminatory Practices as Qualifying Aggravating Circumstance. - If
any civil, criminal, or administrative offense, not falling under this Act, is committed
and proven to be attended by any discriminatory practice prohibited under Section 5
of this Act, said offense shall be qualified and the corresponding penalty provided
thereto shall be applied in its maximum period.

SEC. 9. Redress Mechanisms for SOGIE-related Cases.

a. Inclusion of SOGIE Concems in All Police Stations. - The Women and
Children's Desks now existing in all police stations shall also act on and
attend to complaints/cases covered by this Act. In this regard, the police
handling said desks shall undergo trainings on human rights and SOGIE,
gender sensitivity and awareness, and sensitisation on the issue of violence
and abuse on the basis of SOGIE.

Complainant-minors can be represented by parents, guardians, social
workers, or a non-government organization of good standing and reputation.

b. Role of the Civil Service Commission — The Civil Service Commission
(CSC) shall mandate the establishment of a grievance mechanism to

address dis

riminatory practices committed by officers or employees of
government agencies, instrumentalities, and government owned and
controlled corporations (GOCCs) and other offices under its jurisdiction.

c. Role of the Department of Labor and Employment — The Department of
Labor and Employment (DOLE) shall mandate the establishment of a
grievance mechanism to address discriminatory practices committed in the
work place.

d. Role of the Commission or Human Rights. - The Commission on Human
Rights (CHR) shall investigate and recommend the filing of a complaint
against any person/s violating this Act. If the Commission has reasonable

cause to believe that any person or group of persons is committing acts


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penalized under Section 5 of this Act, the Commission shall recommend 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 officer or employee at fault or who neglects to
perform an act or discharge a duty required under 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 cause to comply with an order of the
Commission to revoke the license, remove, suspend, demote, fine, censure,
or prosecute an officer or employee who is at fault, or who neglects to
perform 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
SOGIE and shall include these documented cases in its annual human
rights report. The Commission shall actively provide recommendations to
different branches of government on how to address and eliminate
discrimination on the basis of SOGIE.

SEC. 10. Programs to Promote Non-Discrimination and Diversity. - To

eliminate all forms of discrimination, the State shall pursue initiatives and programs
that seek to enable an environment free of stigma and discrimination. It shall direct the
machinery and resources of the State to 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 stigma and discrimination on the basis of SOGIE

are integrated into government-run social protection programs.


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b. Diversity Programs and Policies - All government agencies, government-
owned and controlled corporations, private companies, public and private
educational institutions, and other entities shall establish diversity programs
to ensure human rights violations and violence on the basis of SOGIE are
prevented. They shall also create an internal redress mechanism to address
cases of discrimination and develop administrative remedies or sanctions for
such cases. Public institutions shall incorporate these programs into existing
gender and development programs.

c. Information and Education Campaign — All government agencies and
instrumentalities are mandated to develop and implement SOGIE-specific
gender sensitivity education and information dissemination. They shall
endeavour to produce and publish information and education campaign
materials on gender and human rights.

SEC. 11. 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
(ADOC), within sixty (60) days after the enactment of this Act. The ADOC shall be
composed of ten (10) members from the Senate and the House of Representatives,
which shall include the following: the Chairperson and two (2) members of the Senate
Committee on Women, Children, Family Relations, and Gender Equality; the
Chairperson and one (1) member of the Senate Committee on Justice and Human
Rights; the Chairperson and two (2) members of the House Committee on Women
and Gender Equality; and the Chairperson and one (1) member of the House
Committee on Justice. The members of the ADOC shall be appointed by the Senate
President and the Speaker of the House, respectively, with at least one (1) member

representing the Minority.


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The ADOC shall be jointly chaired 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 Vice-Chair of the ADOC shall
be jointly held by the Chairpersons of the Senate Committee on Justice and Human
Rights and the House Committee on Justice. The Secretariat shall come from the
existing Secretariat personnel of the Senate and the House of Representatives
committees concerned.

The ADOC shall monitor the compliance of public institutions to the provisions
of this Act. Within three years after the enactment of this Act, the ADOC shall conduct
an audit of national and local policies that discriminate on the basis of SOGIE, and
shall submit a report to Congress, the Office of the President, and the Supreme Court,
on this subject.

The ADOC shall cease to exist six years after its organization.

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