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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 865

Introduced by DIWA Party-list Representative Hon. Michael Edgar Y. Aglipay

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 SOGIE Equality Act (House Bill No. 4982) of the 17th 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.

Mit AGLIPAY
Repi ive, BIWA Party-list

Page 1 of9


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

EIGHTEENTH CONGRESS
First Regular Session

865

House Bill No. °°

Introduced by DIWA Party-1

Representative Hon. Michael Edgar Y. Aglipay

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 as the "SOGIE Equality 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 the Equal Protection Clause and the
Bill of Rights provisions of the Philippine Constitution, and 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,
‘marginalization and violence on the basis of sexual orientation or gender identity or expression,
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

Page 2 of 9


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. In the enforcement of
this Act, all due respect shall be accorded to the fundamental right of parents in the upbringing
of their children in accordance with their convictions. In all matters, the best interest of children
shall be paramount.

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

(a) Child refers to a person below eighteen (18) years of age or older but who is
incapable of taking care of oneself as defined under Republic Act No. 7610, as amended;

(b) Discrimination refers to any distinction, exclusion, restriction, or preference which
is based on any ground such as sex, sexual orientation, gender identity or expression, 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. The actual sex, 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;

(©) Gender expression refers to the way a person communicates gender identity to other
through behavior, clothing, hairstyles, communication or speech pattern, or body
characteristics;

(d) Gender Idemtity" 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, in which case this person is considered transgender;

(©) Hate Crimes refer to criminal offense 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 bias against gender, sexual orientation, gender identity or expression;

(f) LGBT Community refers to the collective of persons who are male and female
homosexuals (gays and lesbians, respectively), bisexual, and transgender;

(8) 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 or female or intersex. Intersex refers to people 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;

Page 3 of 9


(i) 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); and

@ Stigma refers to the dynamic devaluation and dehumanization of an individual in
the eyes of the others, which may be based on attributes that are arbitrarily defined by others
as discreditable or unworthy, and which result in discrimination when acted upon.

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:

(a) Denying access to public services to any person on the basis of sexual orientation
or gender identity or expression;

(b) 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 and skills training 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;

(©) Refusing admission or expelling a person from any educational or training
institution on the basis of sexual orientation, gender identity or expression, including
discriminating against a student or trainee due to the sexual orientation or gender identity or
expression 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;

(d) Imposing 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
oF trainee due to the sexual orientation or gender identity of the student's parents or guardian;

(©) 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 sexual
orientation or gender identity of their members or of their target constituencies;

(8) Denying 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 or
expression;

Page 4 of 9


(g) Denying 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 or expression;

(h) Denying 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 or expression; Provided That the act of giving inferior accommodations or
services shall be considered a denial of access or use of such facility or serv
further, That establishments will make available the existing toilets with fac
for persons with disabilities also as gender neutral toilets: Provided finally, That this
prohibition covers acts of discrimination against juridical persons solely on the basis of sexual
orientation or gender identity or expression of their members or their target constituencies;

(@ Subjecting or forcing any person to undertake any medical or psychological
examination to determine or alter, or both, the person's sexual orientation or gender identity or
expression 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;

@ Harassment, coercion, or threats committed 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 or expression. 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 ofthe sex, sexual orientation or gender identity or
expression of their members, stockholders, benefactors, clients, or patrons is likewise covered
by this provision;

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

() Engaging in public speech, except religious speech meant to shame, insult, vilify,
or which tends to incite or normalize the commission of discriminatory practices against
LGBTs, and which acts or practices in turn, intimidate them or result in the loss of their self-
esteem;

(m) Subjecting persons or groups of persons to harassment generally defined as such
unwanted conduct, pattern of conduct, act, or series of acts which tend to annoy, insult, bully,
demean, offend, threaten, intimidate, alarm, or create a hostile or emotionally distressing
environment, or put then in fear of their safety; and which behavior is motivated in whole or in
part by the offender's bias, belief, or perception regarding the offended party’s gender, sexual
orientation, gender identity or expression, regardless of whether the belief or perception is

Page 5 of 9


correct. Such prohibited act may include physical assault, stalking, or making derogatory
comments, slurs or lewd propositions, and may be conducted through any form of medium
including, but not limited to, visual representation, broadcast communication, correspondence
or communication through mail or any telecommunication device, or through the internet or
cyberspace.

(n) Subjecting any person to gender profiling or to any investigatory activities, which
include unnecessary, unjustified, illegal, or degrading searches to determine whether an
individual is engaged in an activity presumed to be unlawful, immoral, or socially
unacceptable; and (2) recording and analyzing a person’s psychological and behavioral
characteristics to make generalization about a person’s sexuality or to assist in identifying a
particular subgroup of people’s sexual orientation or gender identity;

(0) Preventing a child under parental authority, custody, or guardianship from
exhibiting or expressing one’s sexual orientation or gender identity; or manifesting rejection of
such child’s sexual orientation or gender identity or expression by inflicting or threatening to
inflict bodily or physical harm against the child or by causing mental or emotional suffering of
the child through intimidation, harassment, public ridicule or humiliation, repeated verbal
abuse, or other similar means or, in general commit any act or omission prejudicial to the
welfare and interest of the child as a result of the bias against the sexual orientation or gender
identity of the child; and

(p) Subjecting a person to any other analogous acts that shall have the effect or purpose
of impairing or nullifying the enjoyment, recognition, or exercise of a person’s rights and
freedoms.

SEC. 5. Privacy Rights. — No person shall be burdened, prejudiced, or prosecuted by
reason of the exercise of the right to personal privacy.

SEC 6. Administrative sanctions. - Refusal of a government official whose duty is to
investigate, prosecute or otherwise act on a complaint for a violation of this Act or causing
unreasonable delay to perform to perform such a duty without a valid ground shall constitute
gross negligence on the part of the official who shall suffer the appropriate penalty under civil
service laws, rules and regulations.

SEC. 7. Penalties. - A person who commits any discriminatory practice described in
the Section 4 of this Act shall, upon conviction, be penalized with a fine of not less than One
Hundred Thousand Pesos (Php100,000.00) but not more than Five Hundred Thousand Pesos
(Php500,000.00) 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 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,

If the violation of offense is committed by a corporation, partnership, association or
other juridical entities, the penalty provided for in this section shall be imposed upon the

Page 6 of 9


directors, officers, employees or other officials or persons therein responsible for the offense
without prejudice to the civil liabilities arising from the criminal offense.

Ifa grave offense motivated by bias, prejudice, or hatred against the sexual orientation
or gender identity or expression is committed, such shall be meted the corresponding maximum
penalties.

Any 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 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 authority, custody or guardianship.

The penalties provided under this Section shall be meted without prejudice to the
imposition of administrative liability for government officials and employees.

SEC. 8. 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 prohibited act.

SEC. 9. Redress Mechanism for SOGIE-related Cases. -

(a) Inclusion of SOGIE Concerns in All Police Station Activities and Services. -
‘The Women and Children’s Desk now existing in all police stations, shall be renamed as
Women, Children and LGBTQ++ Protection Desk, which 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 of 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.

(b) Role of the Commission on Human Rights (CHR) - The CHR shall investigate
and recommend the filing of a complaint against any person violating this Act. If the CHR has
reasonable cause to believe that any person or group of persons is committing acts penalized
in Section 4 of this Act, the CHR shall recommend a legal action in the appropriate prosecutor's
office or court.

The CHR shall also direct the officer concerned to take appropriate action against a
public officer or employee at fault or who neglects to perform an act or discharge a duty
required under this Act, and recommend the revocation of license, removal from office or

Page 7 of 9


employment, suspension, demotion, fine, censure, or prosecution, and ensure compliance
therewith. Refusal by any officer or employee who is at fault, or who neglects to perform an
act or discharge a duty required under this Act shall be a ground for disciplinary action against
said officer.

The CHR shall also document cases of discrimination on the basis of sexual orientation
‘or gender identity or expression and shall include these documented cases in its annual human
rights report. The CHR shall actively provide recommendations to different branches of
government on how to address and eliminate discrimination on the basis of sexual orientation
or gender identity or expression.

SEC. 10. Government Programs and Policies. -The State shall pursue initiatives and
programs that seek to establish and maintain an environment free of stigma and discrimination.
It shall direct the machinery and resources of the State to promote nondiscrimination 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 stigma and discrimination on the basis of sexual orientation or
gender identity or expression are integrated into government-run social protection programs;
and

(6) Diversity Programs and Trainings — All government agencies, including
government-owned and -controlled corporations, local government units (LGUs), private
companies, public and private education institutions, and other entities shall establish diversity
programs and shall endeavor to provide or conduct trainings for their staff, employees, students
and trainees and constituents on human rights, 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 sexual orientation or gender identity or expression are prevented. Such
institutions may incorporate these activities into existing gender sensitivity and development
training programs or school curricula. Finally, the above-listed agencies, companies and
institutions shall create an internal redress mechanism to address cases of discrimination and
develop administrative remedies or sanction for such cases.

SEC. 11. Empowering Portrayal of LGBT Persons in Media. — The positive and
empowering portrayal of LGBT by media shall be encouraged to counter existing stereotypes
and misconceptions that often lead to discriminatory practices. Towards this end, incentives
and awards shall be provided to programs that defend the human rights of LGBT and contribute
to the empowerment of the LGBT community and its members.

SEC. 12. SOGIE Equality Oversight Committee. — For the effective implementation
of this Act, there shall be created a Congressional Oversight Committee, hereinafter referred
to as the SOGIE Equality Oversight Committee, within sixty (60) days after the enactment of
this Act. The SOGIE Equality Oversight Committee shall be composed of five (5) members
cach 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

Page 8 of 9


Justice and Human Rights, and the Chairpersons of the House of Representatives Committee
‘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 SOGIE Equality 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
SOGIE Equality Oversight Committee shall be jointly held by the Senate Committee on Justice
and Human Rights and the House Committee on Human Rights. The Secretariat of the SOGIE
Equality Oversight Committee shall come from the Secretariat personnel of the Senate and the
House of Representatives committee concerned,

The SOGIE Equality 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 SOGIE Equality 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 the Congress, the Office of the President and the Supreme Court on this
subject.

The SOGIE Equality Oversight Committee shall cease to exist six (6) years after its
organization.

SEC. 13. Implementing Rules and Regulations. — Within sixty (60) days from the
effectivity of this Act, the CHR, the Department of Justice (DOJ), the Civil Service
Commission (CSC), the Philippine National Police (PNP), the Department of National Defense
(DND), the National Youth Commission (NYC), the Philippine Commission on Women
(PCW), the Commission on Population (POPCOM), the Department of Labor and Employment
(DOLE), the Department of Education (DepEd), the Commission on Higher Education
(CHED), the Technical Education and Skills Development Authority (TESDA), the
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 rules
and regulations for the effective implementation of the provisions of this Act.

SEC. 14. Separability clause. -If any provision of this Act is declared
unconstitutional or otherwise invalid, the validity of the other provisions shalll not be affected
thereby.

SEC. 15. Repealing clause. - All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,

Page 9 of 9