HOUSE 9F REPRESENTABVES

| RECEIVED

| pave. 2013
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Republic of the Philippines |

HOUSE OF REPRESENTATIVES REGISTRATION UNIT
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Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

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House Bill No. 267

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

This Bill seeks to define, prohibit and penalize situations and practices wherein
discrimination on the basis of sexual orientation and gender identity occur. It also
aims to protect members of the LGBT community and guarantee their rights as
citizens of the Republic of the Philippines and their rights as human beings.

Although it is claimed that Philippine society is tolerant and accepting of members
of the LGBT community, in practice and in terms of legal protection, they are no
specific national laws that address this kind of discrimination from which this
sector of society suffers. Although the very Preamble of the Philippine Constitution
enshrines “equality” among the core values of our Republic, there is no law which
enables and guarantees this provision for the members of the LGBT community.

As a result, members of the LGBT community are treated unjustly and experience
inequality in diverse situations such as the workplace, the family, schools, social,
leisure, sports and business establishments. More adversely, members of this
community have also suffered hate crimes leading to their loss of dignity, if not life
and limb without the protection of the laws that faithfully reflect the true nature of
the crime or violation.

It is the hope of this proposed law to put an end to this situation of non-protection
and neglect, while upholding the fundamental rights and human dignity of members
of the LGBT community towards the attainment of an inclusive society where all
citizens are equal.

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G LDINE B. ROMAN


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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 267

Introduced by Representative GERALDINE B. ROMAN

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF
SEXUAL ORIENTATION OR GENDER IDENTITY (SOGI)
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 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 beliefs, sexual orientation or gender identity, to
be free from any form of discrimination. It shall therefore intensify its efforts to
fulfill its duties under international and domestic laws to respect, protect and
fulfill 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, in which case this person is
considered transgender.

©. "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),

d. “LGBT Community” refers to the collective of persons who are male
and female homosexual (gays and lesbians respectively), bisexual
and transgender.

SEC. 4. Discriminatory Practices, - \t 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, reassignment, 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


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 SOGI 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,