TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
307
-9 
, / ;07
S. No.
Introduced by: Senator Loren Legarda
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, 
GENDER IDENTITY, GENDER EXPRESSION, AND SEX CHARACTERISTICS 
(SOGIESC) AND PROVIDING PENALTIES THEREFOR
EXPLANATORY NOTE
The 1987 Constitution guarantees the right of every Filipino to equal protection 
of the laws and full respect of human rights, including the right to life, the right to 
freedom of expression, the right to be free from torture, and the right to be free from 
any type of discrimination. However, many reports, studies, and surveys show that 
discrimination based on sexual orientation, gender identity, gender expression, and 
sex characteristics (SOGIESC) persists in our society.
Numerous members of the lesbians, gays, bisexuals, transgenders, intersex, 
and queers (LGBTIQ) community have related unfortunate incidents of harassment 
and aggravation by individuals or groups who seemed to lack recognition, 
appreciation, and understanding of SOGIESC. According to a study conducted by the 
United Nations (UN), thirty (30%) percent of LGBTIQs reported harassment and 
discrimination cases while at work due to their SOGIESC1.
The 2024 Philippines National Survey on the Mental Health of LGBTQ+ Young 
People, conducted by The Trevor Project in collaboration with the LGBT Psychology 
Special Interest Group of the Psychological Association of the Philippines (PAP), 
revealed alarming findings. According to the survey, 34% of LGBTQ+ young people
1 United Nations Development Programme and International Labour Organization.LGBTI Peopie and 
Employment: Discrimination Based on Sexual Orientation, Gender Identity and Expression, and Sex 
Characteristics in China, the Philippines and Thailand, 10 (2018)
1


reported having been physically threatened or abused due to their sexual orientation 
or gender identity. Furthermore, 74% reported experiencing discrimination on the 
same grounds.2
According to a study conducted by a group of faculty members from the 
University of the Philippines, LGBTQI+ Filipinos are twice as likely to experience 
underemployment and three times more likely to be engaged in vulnerable forms of 
employment compared to the general population.3
Thus, this proposed measure seeks to address these pressing concerns and 
uphold the welfare not only of the LGBTQI+ community, but of all Filipinos—regardless 
of class, status, ethnicity, color, or belief. It aims to affirm and protect the rights of 
LGBTQI+ individuals, ensuring that they are able to fully exercise these rights and are 
afforded equal opportunities to develop their talents and realize their full potential as 
individuals and as contributing members of Philippine society.
In view of the foregoing, the passage of this bill is earnestly sought.
LEGARDA
2 The Trevor Project. 2024 Philippines National Survey on the Mental Health of LGBTQ+ Young People.
3 LGBTQI+ Filipinos twice more likely to be underemployed. (2025). Retrieved from " https://www.abs- 
cbn.com/news/business/2025/4/12/study-lgbtqi-filipinos-twice-more-likely-to-be-underemployed- 
1722"


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
i-j
■J/i -O'
SENATE
S. No. 307
Introduced by: Senator Loren Legarda
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, 
GENDER IDENTITY, GENDER EXPRESSION, AND SEX CHARACTERISTICS 
(SOGIESC) AND PROVIDING PENALTIES THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known and cited as the "SOGIESC
2 
Equality Act."
3 
Sec. 2. Declaration of Policy. - The State recognizes the fundamental right of
4 
every person, regardless of sex, age, class, status, ethnicity, color, disability, religious
5 
and political beliefs, sexual orientation, or gender identity, to be free from any form
6 
of
7 
discrimination. It shall therefore intensify its efforts to fulfill its duties under
8 
international and domestic laws to respect, protect and fulfill the rights and dignity of
9 
every individual.
10 
Towards this end, the State shall exert efforts to address all forms of
11 
discrimination and violence on the basis of sexual orientation or gender identity or
12 
expression and to promote human dignity as enshrined in the United Nations Universal
13 
Declaration on Human Rights, the Convention on the Elimination of All Forms of
14 
Discrimination Against Women, particularly the General Recommendation No. 28 on
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Non-discrimination based on Sexual Orientation and Gender Identity, Convention on
16 
the Rights of the Child, International Covenant on Civil and Political Rights,
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International Covenant on Economic, Social and Cultural Rights and all other relevant
1


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and universally accepted human rights instruments and other international
2 
conventions to which the Philippines is a signatory of.
3 
Sec. 3. Definition of Terms. - As used in this Act, the following terms shall be
4 
defined as follows:
5 
a. Discrimination - refers to any distinction, exclusion, restriction, or
6 
preference based on the ground sex, sexual orientation, gender identity
7 
or expression, and sex characteristics hereinafter referred to as
8 
"SOGIESC", and has the purpose or effect of nullifying or impairing the
9 
recognition, access to, enjoyment, or exercise by all persons on an equal
10 
footing of all rights and freedoms. For purposes of this provision, the
11 
actual sex, sexual orientation, or gender identity of the person subjected
12 
to discrimination shall not be relevant for the purpose of determining
13 
whether an act of discrimination has been committed.
14 
b. Gender Expression - refers to the outward manifestations of the cultural
15 
traits that enable a person to identify as male or female according to
16 
patterns that, at a particular moment in history, a given society defines
17 
as gender appropriate.
18 
c. Gender Identity - refers to the personal sense of identity as
19 
characterized, among others, by manner of clothing, inclinations, and
20 
behavior in relation to masculine or feminine conventions. A person may
21 
have a male or female identity with the physiological characteristics of
22 
the opposite sex.
23 
d. Sex Characteristics - refers to a person's physical traits that indicate their
24 
biological sex, such as chromosomes, external genitalia, gonads,
25 
hormones, and internal reproductive organs. Traits present at birth are
26 
called primary sex characteristics, whereas those that develop during
27 
puberty are called secondary sex characteristics.
28 
e. Sexual Orientation - refers to the direction of emotional sexual attraction
29 
or conduct. This can be towards people of the same sex (homosexual
30 
orientation) or towards people of both sexes (bisexual orientation) or
31 
towards people of the opposite sex (heterosexual orientation).


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f. Profiling - refers to subjecting a person or group of persons to
2 
investigatory activities, which include unnecessary, unjustified, illegal,
3 
and degrading searches, or other investigatory activities, in determining
4 
whether an individual is engaged in an activity presumed to be unlawful,
5 
immoral or socially unacceptable.
6 
g. Stigma - refers to the dynamic devaluation and dehumanization of an
7 
individual in the eyes of others which may be based on attributes that
8 
are arbitrarily defined by others as discreditable or unworthy and which
9 
result in discrimination when acted upon.
10 
Sec.4. Communities Vulnerable to Discrimination and Abuse on the Basis of
11 
SOGIESC. - This Act seeks to protect individuals and communities that experience
12 
human rights violations on the basis of SOGIESC, including, but not limited to,
13 
individuals and communities of diverse sexual orientation or gender identity or
14 
expression, or sex characteristics who are children, young, poor, differently abled, of
15 
different ethnic background or cultural background, and of various religious beliefs.
16 
Sec. 5. Discriminatory Practices. - It shall be unlawful for any person, natural
17 
or juridical, to:
18 
a. Promote and encourage stigma on the basis of SOGIESC in the media,
19 
in educational textbooks, and other mediums. Inciting violence and
20 
sexual abuse against any person or group on the basis of SOGIESC is
21 
likewise prohibited;
22 
b. Include SOGIESC, as well as the disclosure of sexual orientation, in the
23 
criteria for hiring, promotion, transfer, designation, work assignment, re-
24 
assignment, dismissal of workers, and other human resource movement
25 
and action, performance review and in the determination of employee,
26 
compensation, career development opportunities, training, and other
27 
learning and development interventions, incentives, privileges, benefits
28 
or allowances, and other terms and conditions of employment: Provided,
29 
That this provision shall apply to employment in both the private sector
30 
and public service, including military, police and other similar services;
31 
Provided further, That this prohibition shall likewise apply to the
32 
contracting and engaging of the services of associations or organizations


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with lesbians, gays, bisexuals, transgenders, intersex, or queers 
(LGBTIQs) members or of associations or organizations advocating 
LGBTIQs rights;
c. Refuse admission or expel a person from any educational or training 
institution on the basis of SOGIESC: 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. 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 SOGIESC, including 
discriminating against a student or trainee due to the SOGIESC of the 
student's parents or legal guardian;
e. 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 SOGIESC of their members or 
of their target constituencies;
f. Deny a person access to public or private medical and other health 
services open to the general public, as well as access to public and 
private health insurance, including HMOs, on the basis of SOGIESC;
g. Deny an application for or revoke, on the basis of SOGIESC, any 
government license, authority, clearance, permit, certification, or other 
similar documents necessary to exercise a profession, business, or any 
other legitimate calling;
h. Deny a person, access to or the use of establishments, facilities, utilities 
or to services, including housing, open to the general public on the basis 
of SOGIESC: 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 further, that this prohibition covers acts of 
discrimination against juridical persons solely on the basis of the 
SOGIESC of their members or of their target constituencies;


1 
i. Subject or force any person to undertake any medical or psychological
2 
examination to determine or alter the person's SOGIESC without the
3 
expressed approval of the person involved, except in cases where the
4 
person involved is a minor and below the age of discernment in which
5 
case prior approval of the appropriate Family Court shall be required. In
6 
the latter case, the child shall be represented in the proceedings by the
7 
Solicitor General or the latter's authorized representative;
8 
j. Subject any person, natural or juridical, to profiling, detention, or verbal
9 
or physical harassment on the basis of SOGIESC. Profiling, detention, or
10 
verbal or physical harassment on the basis of SOGIESC by members of
11 
law enforcement agencies, including the military, police, immigration, is
12 
likewise prohibited. Physical or verbal harassment based on SOGIESC of
13 
persons in custody or detention of the police, including subjecting them
14 
to extortion, is also prohibited; and
15 
k. Subject a person to any other analogous acts that shall have the effect
16 
or purpose of impairing or nullifying the enjoyment, recognition, and
17 
exercise of a person's human rights and fundamental freedoms.
18 
Sec. 6. Administrative Sanctions. - Willful refusal of a government official whose
19 
duty is to investigate, prosecute, or otherwise act on a complaint for a violation of this
20 
Act to perform such a duty without a valid ground shall constitute gross negligence on
21 
the part of the official and shall be subjected to pertinent administrative sanctions.
22 
Sec. 7. Penaities. - Any person who commits any discriminatory practice
23 
described in Sec 5(a), 5(d), 5(e), 5(g), and 5(h), upon conviction, be penalized by a
24 
fine of not less than One Hundred Thousand Pesos (Php 100,000.00), but not more
25 
than Two Hundred Fifty Thousand Pesos (Php 250,000.00), or imprisonment of not
26 
less than one year, but not more than six (6) years, subject to the discretion of the
27 
court.
28 
Any person who commits any discriminatory practice described in Sec 5(b), 5(c), 5(f),
29 
5(i), and 5(j) shall, upon conviction, be penalized by a fine of not less than Two
30 
Hundred Fifty Thousand Pesos (Php 250,000.00) but not more than Five Hundred
31 
Thousand Pesos (Php 500,000.00) or imprisonment of not less than six (6) years but
32 
not more than twelve (12) years, subject to the discretion of the court.


1 
Any person who commits any discriminatory practice described in Sec 5(k) shall
2 
upon conviction be penalized with the same penalty as the prohibited act to which it
3 
is analogous.
4 
In addition, the court may impose upon a person found to have committed any
5 
of the prohibited acts the rendition of community service in terms of attendance in
6 
human rights education's familiarization with and exposure to the plight of the victims.
7 
Nothing in this Act shall preclude the victim from instituting a separate and
8 
independent action for damages and other affirmative reliefs.
9 
The penalties provided under this Sec shall be without prejudice to the imposition of
10 
administrative liability for government officials and employees.
11 
Sec. 8. Discriminatory Practices as Quaiifying Aggravating Circumstance. - If
12 
any civil, criminal, or administrative offense, not falling under this Act, is committed
13 
and proven to be attended by any discriminatory practice prohibited under Sec 5 of
14 
this Act, said offense shall be qualified and the corresponding penalty provided thereto
15 
shall be applied in its maximum period.
16 
Sec. 9. Redress Mechanisms for SOGIESC-reiated Cases. -
17 
a. Inclusion of SOGIESC Concerns in All Police Stations - The Women and
18 
Children's Desks now existing in all police stations shall also act on and
19 
attend to complaints/cases covered by this Act. In this regard, the police
20 
handling said desks shall undergo training on human rights and
21 
SOGIESC, gender sensitivity and awareness, and sensitization on the
22 
issue of violence and abuse on the basis of SOGIESC.
23 
Complainant-minors can be represented by parents, guardians, social
24 
workers, or a non-government organization 
of good standing and
25 
reputation.
26 
b. Role of the Civil Service Commission - The Civil Service Commission
27 
(CSC) shall mandate the establishment of a grievance mechanism to
28 
address discriminatory practices committed by officers or employees of
29 
government agencies, instrumentalities, and government owned and
30 
controlled corporations (GOCCs) and other offices under its jurisdiction.
31 
c. Role of the Department of Labor and Employment - The Department of
32 
Labor and Employment (DOLE) shall mandate the establishment of a


1 
grievance mechanism to address discriminatory practices committed in
2 
the workplace.
3 
d. Role of the Commission or Human Rights - The Commission on Human
4 
Rights (CHR) shall investigate and recommend the filing of a complaint
5 
against any person/s violating this Act. If the Commission has reasonable
6 
cause to believe that any person or group of persons is committing acts
7 
penalized under Sec 5 of this Act, the Commission shall recommend a
8 
legal action in the appropriate prosecutor's office or court.
9 
The CHR shall also direct the officer concerned to take appropriate action
10 
against a public officer or employee at fault or who neglects to perform an act
11 
or discharge a duty required under this Act, and recommend the revocation of
12 
license, removal from office or employment, suspension, demotion, fine,
13 
censure, or prosecution, and ensure compliance therewith. Refusal by any
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officer without just cause to comply with an order of the Commission to revoke
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the license, remove, suspend, demote, fine, censure, or prosecute an officer or
16 
employee who is at fault, or who neglects to perform an act or discharge a duty
17 
required under this Act, shall be a ground for disciplinary action against said
18 
officer.
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The CHR shall also document cases of discrimination on the basis of
20 
SOGIESC and shall include these documented cases in its annual human rights
21 
report. The Commission shall actively provide 
recommendations to different
22 
branches of government on how to address 
and eliminate discrimination on the
23 
basis of SOGIESC.
24 
Sec. 10. Programs to Promote Non-Discrimination and Diversity. - To eliminate
25 
all forms of discrimination, the State shall pursue initiatives and programs that seek
26 
to enable an environment free of stigma and discrimination. It shall direct the
27 
machinery and resources of the State to promote non-discrimination and shall
28 
encourage other sectors of the society to engage and participate in these efforts. It
29 
shall ensure the implementation of the following programs:
30 
a. Social Protection Programs - the national government shall ensure that
31 
communities vulnerable to stigma and discrimination on the basis of


1 
SOGIESC are integrated into government-run social protection
2 
programs.
3 
b. Diversity Programs and Policies - All government agencies, government-
4 
owned and controlled corporations, private companies, public and
5 
private educational institutions, and other entities shall establish
6 
diversity programs to ensure human rights violations and violence on the
7 
basis of SOGIESC are prevented. They shall also create an internal
8 
redress mechanism to address cases of discrimination and develop
9 
administrative remedies or sanctions for such cases. Public institutions
10 
shall incorporate these programs into existing gender and development
11 
programs.
12 
c. Information and Education Campaign - All government agencies and
13 
instrumentalities are mandated to develop and implement SOGIESC-
14 
specific gender sensitivity education 
and information dissemination.
15 
They shall endeavor to produce and publish information and education
16 
campaign materials on gender and human rights.
17 
Sec. 11. Congressional Oversight Committee. - For the effective
18 
implementation of this Act, there shall be created a Congressional Oversight
19 
Committee, hereinafter referred to as the SOGIESC Equality Congressional Oversight
20 
Committee (SECOC), within sixty (60) days after the enactment of this Act. The SECOC
21 
shall be composed of ten (10) members from the Senate and the House of
22 
Representatives, which shall include the following: the Chairperson and two (2)
23 
members of the Senate Committee on Women, Children, Family Relations, and Gender
24 
Equality; the Chairperson and one (1) member of the Senate Committee on Justice
25 
and Human Rights; the Chairperson and two (2) members of the House Committee
26 
on Women and Gender Equality; and the Chairperson and one (1) member of the
27 
House Committee on Justice. The members of the SECOC shall be appointed by the
28 
Senate President and the Speaker of the House, respectively, with at least one (1)
29 
member representing the Minority.
30 
The SECOC shall be jointly chaired by the Chairpersons of the Senate
31 
Committee on Women, Children, Family Relations and Gender Equality and the House
32 
Committee on Women and Gender Equality. The Vice-Chair of the SECOC shall be
8


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jointly held by the Chairpersons of the Senate Committee on Justice and Human Rights
2 
and the House Committee on Justice. The Secretariat shall come from the existing
3 
Secretariat personnel of the Senate and the House of Representatives committees
4 
concerned.
5 
The SECOC shall monitor the compliance of public institutions to the provisions
6 
of this Act. Within three years after the enactment of this Act, the SECOC shall conduct
7 
an audit of national and local policies that discriminate on the basis of SOGIESC, and
8 
shall submit a report to Congress, the Office of the President, and the Supreme Court,
9 
on this subject.
10 
The SECOC shall cease to exist ten years after its organization.
11 
Sec. 12. Separability Clause. - If any provision of this Act is declared
12 
unconstitutional or otherwise invalid, the validity of the other provisions shall not be
13 
affected thereby.
14 
Sec. 13. Repealing Clause. - All laws, decrees, orders, rules and regulations or
15 
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
16 
Sec. 14. Effectivity. - This Act shall take effect fifteen (15) days after its
17 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,