Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 287°

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Enshrined in the Universal Declaration of Human Rights,
which the Philippines is a signatory to, is that “All human beings
are born equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of
brotherhood”. Simply put, everyone is born free, everyone is born
with their own thoughts and ideas therefore, everyone should be
treated the same. But why do our brothers and sisters from the
LGBT community continue to fight for equality? The answer is this,
although equality is enshrined under international and domestic
laws, our brothers and sisters from the LGBT community do not
completely enjoy this inherent right that they supposedly have.

This Bill intends to contribute in the combat to put an end to
discrimination and to uphold the equality that all humans,
regardless of sexual orientation or gender identity, deserve. In order
to achieve this, this bill defines discrimination, discriminatory


practices and other related matters. Furthermore, this Bill provides
for punishment for the commission of discriminatory acts.

As a final note, the passage of this bill is intently desired in
order to protect our LGBT brothers and sisters from any unjust
treatment that they most definitely do not deserve. We are all
different individuals but just as how God perfectly created each of
us, we are all equal and must all be inclusive for we have but one
same humanity and human dignity. A halt on discrimination must
be achieved in order to uphold a society of openness and equality, a
society that does not define you, but helps you define yourself.

aun 6. OW,

ERIC L. OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 2870

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Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

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AN ACT PROHIBITING DISCRIMINATION 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:

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, 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 fulfil 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 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 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 which is based on any ground
such as sex, sexual orientation, gender identity, and which
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 whether

an act of discrimination has been committed.


b. “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.

c “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).

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

(a) include sexual orientation or gender identity, 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 learning 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 juridical persons;

(b) refuse admission or expel a person from any educational
or training institution on the basis of sexual orientation or gender
identity: Provided, However That the right of educational and
training institutions to determine the academic qualifications of
their students or trainees shall be duly upheld;

(c) 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 sexual orientation or gender identity, including discriminating
against a student or trainee due to the sexual orientation or gender
identity of the student’s parents or legal guardian;

(d) 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 sexual orientation or gender identity of their members or of
their target constituencies;

(e) deny a person access to public or private 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 a professional or other
similar kind of license, clearance certification or any other similar
document issued by the government due to the applicant's sexual

orientation or gender identity;


(g) deny a person access to or the use of establishments,
facilities, utilities or services, including housing, open to the
general public on the basis of sexual orientation or gender identity:
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, That this prohibition covers acts of discrimination
against juridical persons solely on the basis of the sexual
orientation or gender identity of their members or of their target
constituencies;

(h) subject or force any person to undertake 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 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; and

(i) Harassment by members of institutions involved in the
enforcement of law and the protection of rights of any person on
the basis of sexual orientation or gender identity. Among other
cases, harassment occurs when a person is arrested or otherwise
placed in the custody and subjected to extortion, physical or verbal
abuse, 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.


SEC. 5. 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.

SEC. 6. Penalties. - Any 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 (P100,000) but not more than Five hundred
thousand pesos (P500,000) or imprisonment of not less than one (1)
year but not more than six (6) years, 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 a graver offense motivated by bias, prejudice, or hatred
against sexual orientation or gender identity is committed, such
shall be meted the corresponding maximum penalties depending on
the severity of the offenses.

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.


The penalties provided under this Section shall be without
prejudice to administrative liability for government officials and
employees.

SEC. 7. Inclusion of SOGIE Concerns 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, police handling said desks shall
undergo appropriate trainings with human rights-based approach
to include among others gender sensitivity and awareness in proper
terminology, dynamics of lesbian, gay, bisexual, and transgender
(LGBT) relationships and hate crime investigations.

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

SEC. 8. 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.9. Repealing Clause. - All laws, decrees, orders, rules
and regulations or parts thereof inconsistent with this Act are
hereby repealed or modified accordingly.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in a newspaper

of general circulation.

Approved,