;

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVE: DaTe:_p Sul ont
Quezon City _ rh ‘

SEVENTEENTH CONGRESS
First Regular Session

1103 REGISTRATION UNIT
HOUSE BILL NO. | BILLS AND INDEX SERVICE
ES A EN

OUSE OF REPRESENTATIVES

Introduced by REP. TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE

Our Constitution provides under Article II Section 11 that the State values
the dignity of every human person and guarantees full respect for human rights.

Pursuant to this pronouncement, it is necessary for Congress to provide
for legislations that ensure that everyone will be treated equally irrespective of his
or her gender, sexual orientation, race, ethnicity, and religion

While the Philippine government has been moving to prevent
discrimination in all aspects of life, it is still apparent that there is. still
discrimination committed against people based on their gender, sexual
orientation, race, ethnicity, and religion

Discriminatory practices affect these people by denying them of their right
to political participation and education. They are also denied of an equal chance
to be employed and be provided an access to goods and services,
accommodation, public places, facilities and public meetings. Furthermore, they
are unfairly stereotyped and wrongfully portrayed in advertisements and mass
media

In view of the foregoing reasons, the passage of this Bill is eaestly
sought.

TEDDY BRAWNER BAGUILAT
Lofe District, Ifugao



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

SEVENTEENTH CONGRESS
First Regular Session

1108

House Bill No.

Introduced by REP. TEDDY BRAWNER BAGUILAT

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 the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. - This Act shall be known and cited as the “Anti-
Discrimination Act."

SEG, 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 ot 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 fulfil 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 shail be
defined as follows:



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 "

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.

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)

SEC. 4. Discriminatory Practices. ~ It shall be unlawlul 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, ‘re-assignment, 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;

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;

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;

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 @ 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 psycholagical
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 gender identity of their members, stockholders, benefactors,
clients, or patrons is likewise covered by this provision

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 @ 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 employées.

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,