Republic of the Philippines F
HOUSE OF REPRESENTATIVES):
Quezon City \

19% CONGRESS
First Regular Session

i 460

HOUSE BILL Nt

Introduced by. REP. ARJO ATAYDE

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

The 1987 Constitution, Art. Ill Sec. 1 provides that [n]o person shall be deprived
of life, liberty, or property without due process of law, nor shall any person be denied
the equal protection of the laws.

The LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender/Transsexual,
Queer/Questioning, Intersex, Asexual/Allies, Nonbinary/Genderqueer +) community is
a relatively newly recognized sector in our society

For decades, those who belong to this community have suffered
marginalization, oppression, and other forms of abuse due to their sexual orientation,
gender identity, and expression (SOGIE). Many have lived in denial of or hiding their
true selves for fear of persecution, and in many cases, physical harm.

However, in spite of all the challenges against them, our brethren from the
LGBTQIA+ community have emerged as productive members of our society with
many of them participating in the highest levels of national conversations and
programs.

The objective of this bill is simple: to prevent discrimination against SOGIE. It
must be emphasized that this bill does not seek to provide special treatment for the
members of the LGBTQIA+ community but to ensure that we treat them EQUALLY to
every other human being.

As fellow members of the human race, the LGBTQIA+ community seeks only
to be treated fairly, given the same opportunity to grow, and participate in all human
activities without fear of oppression and persecution because of their SOGIE.


Our country stands to lose nothing and gain everything in enacting this
legislation. By fully integrating the LGBTQIA+ in our community and ridding ourselves
of all forms of discrimination, we all become much greater than we are and our nation
will be stronger for it

This bill defines all acts of discrimination and provides for penalties therefor.
This also mandates the government agencies to develop programs and policies that
will prevent SOGIE-based discrimination and promote fair treatment to everyone.

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

REP. ARJO ATAYDE


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

19 CONGRESS
First Regular Session

House BiLLWo. 460

Introduced by. REP. ARJO ATAYDE

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

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

SECTION 1. Short Title. - This Act shall be known as the "Anti-SOGIE
Discrimination Act of 2022”.

SEC. 2. Declaration of Policy. - The State recognizes the fundamental right to
equality and to freedom from discrimination of every person regardless of sex, age,
class, status, ethnicity, color, disability, religious and political beliefs, sexual
orientation, or gender identity or expression, to equality and to be free from any form
of discrimination. It shall, therefore, intensify its efforts to uphold, protect, and respect
the rights and dignity of every individual.

Towards this end, the State shall address all forms of discrimination,
marginalization, and violence on the basis of sexual orientation, or gender identity or
expression, and promote human dignity as enshrined in the 1987 Constitution, 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 human rights instruments and international conventions to which
the Philippines is a signatory. In the enforcement of this Act, the fundamental right of
parents in the upbringing of their children in accordance with their religious convictions
will be given all due respect. In all matters, the best interest of children shall be
paramount


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

to the following:

“Child” 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;

“Discrimination” refers to any distinction, exciusion, restriction, or preference
which is based on any ground such as sex, sexual orientation, gender
identity or expression (SOGIE), 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;

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b)

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) “LGBTQIA+ Community’ refers to the collective of persons who are Lesbian,

Gay, Bisexual, Transgender/Transsexual, Queer/Questioning, Intersex,

Asexual/Allies, Nonbinary/Genderqueer and other non-traditional SOGIE

classification;

“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;

h) “Sex” 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;

i) “Sexual 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 sex (heterosexual orientation) or to the absence of sexual
attraction (asexual orientation); and

j) “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.

9)


SEC. 4. Discriminatory Practices. ~ It shall be unlawful for any person, natural
or juridical, to cause discrimination or to discriminate on the basis of SOGIE as defined
in this Act, by:

a) Denying access to public services, including military service;

b) Including SOGIE, 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 shail likewise apply to the contracting
and engaging of the services of juridical persons;

Refusing admission or expelling a person from any educational or training
institution including discriminating against a student or trainee due to the
SOGIE of the student's parents or guardian: Provided, however, That the
right of educational and training institutions to determine the academic
qualifications of their students or trainees shall be duly upheld;

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 SOGIE of their members or of their
target constituencies;

Denying a person access to public or private medical and other health
services open to the general public;

f) Denying an application for or revoking a professional or other similar kinds
of license, clearance, certification on, or any other similar document, except
marriage license, issued by the government:

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 SOGIE of their members or of their target constituencies;
Subjecting or forcing any person to undertake any medical or psychological
examination to determine or alter, or both, the person's SOGIE 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;

°)

d)

e)

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h)


i) 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;

j) Publishing information intended to "out" or reveal the sex, sexual orientation,
or gender identity of persons without their consent, when such has not been
made known by the person/s concerned, whether or not such act has been
done with malicious intent or motivated by a desire for profit;
Engaging in public speech, except religious speech and comments made in
the context of a religious service, ceremony or activity, meant to shame,
insult, vilify, and incite or normalize the commission of discriminatory
practices against LGBTQIA+ community;
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
Preventing children under parental authority, custody, or guardianship from
exhibiting or expressing their sexual orientation or gender identity; or
rejecting their SOGIE 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 any act or omission
prejudicial to the welfare and interest of the children due to their SOGIE.

k)

n)

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 (P100,000) but not more than Five hundred thousand
pesos (P500,000) 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 preciude 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 4
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-Related Offenses. - The Women and
Children's Desks now existing in all police stations shall be renamed as Women,
Children and LGBTQIA+ Protection Desks, to enable them to also act on and attend
to compiaints/cases covered by this Act. Police officers and personnel handling said
desks shall undergo appropriate trainings to include, among others, gender sensitivity
and awareness, dynamics of LGBTQIA+ relationships and hate crime investigations.

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 SOGIE 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),


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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 SOGIE are prevented. Provided that, such agencies may
incorporate these activities into their existing gender sensitivity and development
training programs, if any, or school curricula, and 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 of Justice and Human Rights, and the Chairpersons of the
House of Representatives Committees on Women and Gender Equality, and of
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
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 national and local policies that discriminate on the basis of sexual orientation
‘or gender identity and expression, and shall submit a report to Congress, and the
Office of the President, on this subject.

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),


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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. - Alll laws, executive orders, presidential decrees,
implementing rules and regulations 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 two (2) newspapers of general circulation

Approved,