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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 3701

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay ~ Villar

EXPLANATORY NOTE

Sex, sexual orientation and gender identity are characteristics of human beings that are frequently
the cause of discriminatory practices, even when such characteristics are inherently private and do
not impinge upon the rights of any other people. The role of the State in this instance is not to
police morality or cultural norms -- instead, the role of the State, particularly in a democratic
republic, is to protect its citizens, all of its citizens, particularly those who are most vulnerable to
abuse, and guarantee to all equal access to their rights under the law.

While the mandate of many of those in government comes from the voice of the majority, it is
imperative that the government pay particular attention to those who are the minorities, those who
are different, because to be different is often to be vulnerable, to be forced to deal with situations
and circumstances that refuse to take those differences into account. The Philippine government
must be a government that safeguards the interests and well-being of all of its citizens, not just the
majority, not just the mainstream, in a manner that acknowledges and advances our common
humanity and dignity. Equality and non-discrimination before the law is essential if the laws of a
State are to have any worth at all, if these exercises of power are to be tools of good, rather than
arbitrary and oppressive. This proposed bill, based on the consolidated Anti- SOGI Discrimination
Act (House Bill No, 5687) of the 16th Congress, intends to help guarantee such equality, by
codifying and strengthening the stand of the State against any discrimination against its citizens
based on sex, sexual orientation or gender identity,

Avtar A. Willan

EMMELINE Y. AGLIPAY ~ VILLAR
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘VENTEENTH CONG!
First Regular Session

House Bill No. 370 1

ESS

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay ~ Villar

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION AND
GENDER IDENTITY AND PROVIDING PENALTIES THEREFOR

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

SECTION 1. Title. - This Act shall be known and cited as the "Anti SOGI Discrimination 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 belief
sexual orientation or gender identity, to be free from any form of discrimination. It shall therefore
intensify its efforts 10 fulfill ts duties under international and domestic laws to respect, protect,
and fulfill rights and dignity of every individual.

‘Toward this end, the State shall exert efforts to address all forms of discrimination and
violence on the basis of sexual orientation or gender identity end 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,
Intemational Covenant on Economie, Social, and Cultural Rights, and other relevant and
universally accepted human rights instruments and other international conventions to which the
Philippines is a signatory.

SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall be defined as
follows:

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(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 of
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
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.

(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) or can refer
to the absence of sexual attraction (asexual orientation).

(@) "Sex" may be male or female or intersex. Intersex refers to people are born with 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.

SEC. 4, Discriminatory practices. - It shall be unlawful for any person, natural or juridical, to
engage in discrimination as defined in this Act, which shall include but not be limited to the
following:

(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 or 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 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 fiom any educational or training institution on the basis
of sexual orientation, gender identity, or being intersexed; Provided, However That the right of
educational and training institutions to determine the academic qualifications of their students or
trainees shall be duly upheld;

(©) Impose disciplinary sanctions, penalties harsher than customary or similar punishments ,
requirements, restrictions, or prohibitions that infringe on the rights of 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;

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(4) Refuse or revoke the accreditation, formal recognition, registration or plan :o 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;

(©) 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 license 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 sex, 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 Thar this prohibition covers acts of
discrimination against juridical persons solely on the basis of sexual orientation or gender identity
of their members or 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;

(®) Harassment by members of institutions involved in the enforcement of law and the
protection of rights of any person on the basis of his or her sex, 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 takes place, regardless of whether
such arrest has legal or factual basis. Harassment of juridical persons on the basis of the sex,
sexual orientation or gender identity of their members, stockholders, benefactors, clients, or
patrons is likewise covered by this provision;

(The publication of 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, and has been made with malicious intent or is primarily motivated by a desire
for commercial profit;

(k) Engage in public speech meant to shame, or which tends to incite or normalize the
commission of discriminatory practices, or which otherwise tends to create an environment that is
unwelcoming to those of particular sexual orientations or gender identities,

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,

C. 6. Penalties, - Any persons found guilty of any discriminatory practice described n the
Section 4 shall, upon conviction, be penalized with a fine of not less than One Hundred Thousand
Pesos (P 100,000) 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. In
addition, the court may impose upon a person found to have committed any of the prohibited acts

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the rendition of community service in terms of attendance of human rights education, to become
familiar with and be exposed to the plight of the victims.

Ifa graver offense, motivated by bias, prejudice, or hatred against the sexual orientation or
gender identity of the victinvs is committed, such shall be meted the corresponding maximum
penalties depending on the severity of the offenses.

Amy action arising from the violation of the provision 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 SOGI Concerns in All Police Stations. - The Women and Children's Desk
now existing in all police stations, shall elso act on and attend to complaints/cases covered by this
Act. In this regard, police handling said clesks shall undergo appropriate training sessions with s
human rights-based approach to include, among others: gender sensitivity and awareness of proper
terminology, dynamics of lesbian, gay, bisexual, and transgender (LGBT) relationships, and hate
crime investigation procedures.

SEC. 8. Separability clause. -If any provision of this Act is declared unconstitutional or otherwise
invalid, the validity of the other provisions shal] 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. Effeetivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,

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