Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. _ 8354

Introduced by Representative John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE:

Despite modest gains on social and legal rights for lesbians, gays, bisexuals and
transgenders (LGBT's) in the Philippines, much has to be done for them to
achieve full legal and social equality.

While the Philippine Constitution clearly states that:

“The State values the dignity of every human person and guarantees full
respect for human rights," people who do not conform to socially
prescribed sexual and gender codes are still the targets of stigma,
discrimination and violence.”

Thousands of LGBTs still suffer the harsh reality of homophobia (fear of
homosexuals) and transphobia (fear of transgenders) in their daily lives. Many
are refused employment, the use of public facilities or health care services,
among others, because of their sexual orientation and gender identity.

Of late, there have been increasing reports of violent crimes perpetrated
against LGBTs. According to Hate Crime Watch, which monitors media reports
on rights violations against LGBTs, there have been 54 reported cases of killings
against gays and lesbians documented in media since 1996. But it is the
undocumented cases outside media coverage which are estimated to be much
greater.

One of the more infamous of these hate crimes against LGBTs was the brutal
killing of Jennifer Laude in October 2014. She was found dead with her head
leaning on the rim of the toilet bowl, half naked. Autopsy reports later indicated
that she died of asphyxiation by drowning. US Marine Joseph Scott Pemberton,
who was then on R & R while their ship was docked in the Subic Bay Freeport,



was found guilty of homicide after a much-publicized trial, which did not only
highlighted the increasing hate crimes against the members of the LGBT
community but also brought out the issue of the onerous Visiting Forces
Agreement (VFA).

While laws protecting marginalized sectors such as women, children, migrants,
national minorities, and the elderly have been passed, Congress has yet to pass
measures protecting the rights of LGBTs.

May 17 is known as the International Day Against Homophobia and Transphobia
or IDAHO in commemoration of that day in 1990 when the World Health
Organization removed homosexuality from its International Classification of
Mental Disorders. Every year on this date, people all over the world pause and
ponder on the high human and social cost of discrimination, violence and
harassinent against LGBTs all over the world, especially in 80 countries where
acts, speech, works, and other things related to same-sex and same-gender
relations are still punished or fined. In some countries such as Uganda, there is
even a pending legislation making homosexuality punishable by death.

Advocates who defend human rights based on sexual orientation and gender
identity in the Philippines join IDAHO observances around the world with a
number of social gatherings and private activities that contribute to the gradual
achievement of equality, acceptance, and freedom for LGBTs and their families.

This bill acknowledges the reality of homophobia and discrimination and seeks
to promote public consciousness about the need to respect the rights of LGBTs
and end the violence, hate, and discrimination heaped on them. It hopes to
provide more opportunities to discuss and search for solutions to the problems
confronted by our fellow human beings.

In this light, the passage of this bill is earnestly sought.

JOHN TIN “YUL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, 8364

Introduced by Representative John Marvin “Yul Servo” C. Nieto

AN ACT
DECLARING MAY 17 OF EVERY YEAR AS THE NATIONAL DAY AGAINST
HOMOPHOBIA AND TRANSPHOBIA, AND FOR OTHER PURPOSESS:

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 "National Day
against Homophobia and Transphobia Act of 2018."

SEC. 2. This act is in recognition of the observance of the International Day
against Transphobia and Homophobia which was first commemorated on May
17, 1990 after the World Health Organization removed homosexuality from its
International Classification of Mental Disorders.

SEC. 3. The National Day against Homophobia and Transphobia shall be
commemorated in the Philippines every year as in recognition of the rights of
lesbians, gays, bisexuals and transgenders in the country and the need to end
the discrimination, oppression and intolerance they are faced with in society.

SEC. 4. All government offices, private institutions, schools, colleges and
universities are hereby encouraged to extend their full support for exercises and
activities in the observance, promotion and protection of LGBT rights.


SEC. 5. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,