Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1483

Introduced by Rep. TEODORO A. CASINO.

EXPLANATORY NOTE

‘The 1987 Constitution declares that “the State values the dignity of every human person and
guarantees fall respect for human rights” (Article 2, Section 11, 1987 Constitution). It also imposes
on the State the duty to ensure the fundamental equality before the law of women and men (Acticl
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 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.

‘The Philippines is also a signatory to international agreeme=ts on the respect for human rights 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 (UNHRC) and the UN Committee on Economic, Social and
Cultural Rights, to include protection against discrimination on the basis of sexual orientation,

‘The UNHRC has 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 International Covenant on Economic, Social and Cultural
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 (LGBTs). They continue to be
discriminated by society at large, primarily because of misconceptions and systemic State ignorance.
LGBT often find it difficult to exercise their rights as persons, laborers, professionals, and ordinary
citizens.


Prejudicial practices and policies — mostly vnstated 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

LGBT students are denied admission or expelled from: schools due to their sexual orientation or
gender identity. Companies block the promotion and stymie the career advancement of gay or
lesbian employees due to the deeply embedded action that homosexuality denotes weakness. Laws

such as the current anti-vagrancy law are also abused by the law enforcement agencies to harass gay
men,

Iris therefore imperative to define and penalize practices that discriminate against LGBT. It should
be noted that the list herein 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.

LGBYs do not want nor claim additiona “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
curtent laws or practices - basic civil, political, social and economic rights.

In view of the need co remedy the long-standing discrimination against 1

BT in Philippine society,
the carly passage of this bill is earnestly sought.

aero
‘THODORO A, CASINO
Bayan Muna Party-l



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1483

HOUSE BILL No.

Introduced by Rep. TEODORO A. CASINO

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 of the Philippines of the Congress assembled:
SECTION 1. Title. - This Act shall be known as the “Anti-Discrimination Act of 2010.”

SECTION 2. Declaration of Policy. - Ic 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 rights instruments acceded to by the Republic of the
Philippines, particulazly those discriminatory practices based on sex or sexual orientation. Towards
this end, discriminatory practices as defined herein shall be proscribed and penalized.

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

a, Sexual Orientation denotes 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).

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.

b, 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 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.

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.

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

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

(@ Prohibit or prevent the efforts to organize, refuse ot revoke the accreditation, formal
recognition, and registration of any organization, group, political party, institution ot establishment,
in educational institutions, workplaces, communities, and other settings, solely on the basis of the
sexual orientation or gender identity of their members of of their target constituet

(©) 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;

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

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

This prohibition includes the discrimination of juridical persons solely on the basis of the
sexual orientation or gender identity of their members or of thei 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


discetament in which case prior approval of the appropriate Family Courc shall be required.
In the latter ease, the child shall be represented in the proceeding by the Solicitor General or
the latter's authorized representative,

() Harassment by members of instirurions 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 eases, harassment occurs when a person is arrested or otherwise placed in the

custody of the government institution and extortion, physical or verbal abuse tikes place, regardless
‘of whether such arrest has legal or factual basis. Harassment af juridical persons on the basis of the
sesual orientation or gender identity of their members, stockholders, benelaerors, clients, of patrons
is likewise covered by this provision.

(i) Other analogous circumstances.

SECTION 5. Administrative sanctions, ~ Refusal of a government official whose duty is to
Investigate, prosecute or otherwise act on a complaint for 4 violation of this Act to perform such a
dury withour a valid ground shall constitute gross negligence on the part of such official who shall
sufler the appropriate penalty under civil service laws, rules, and regulations.

SECTION 6, Penalties. ~ (a) Persons found guilty of any of the discriminatory practices
enumerated i the preceding section shall be penalized with a fine of not less than ‘lwo [Tundred
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) years, or both at the discretion
of the court.

(b) ‘The officials directly involved shall be liable for violations committed by corporations,
Organizations or similac entities.

(c) Community service time in terms of human rights education to the perpetzator 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 or
otherwise invalid, the validity of the other provisions shall not be affected thereby.

SCTION 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. —Yhis Act shall take effect fifteen (15) days after its publication in the
Cificial Gazerce o in at least cwo (2) newspapers of general circulation,

Ipprawa,