EIGHTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES

H.B.No,_4369

Introduced by Rep. Vilma Santos-Recto
6" District of Batangas

AN ACT

ESTABLISHING LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER,
INTERSEXUAL, ASEXUAL, AND INDIVIDUALS OF VARIOUS SEXUAL AND
GENDER ORIENTATIONS (LGBTQIA*) HELP AND PROTECTION DESKS IN
ALL PHILIPPINE NATIONAL POLICE STATIONS, AMENDING FOR THE
PURPOSE TITLE VII OF REPUBLIC ACT NUMBER 8551, AS AMENDED,
OTHERWISE KNOWN AS THE “PHILIPPINE NATIONAL POLICE REFORM
AND REORGANIZATION ACT OF 1998,” AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Section 11 Article II of the 1987 Constitution mandates the State to value the dignity
of every human person and guarantee full respect for human rights, Such commitment to
human rights has been upheld through signing and acceding to a number of significant

international treaties concerning human rights'.

Yet despite this commitment, the Philippines has yet to affirm the rights of Lesbian,
Gay, Bisexual, Transgender, Queer, Intersexual, Asexual, and Individuals of Various Sexual
and Gender Orientations (LGBTQIA") or guarantee the protection of LGBTQIA* from
discrimination and violence on the account of gender identity and expression. The Philippines
not express support for the United Nations Human Rights Counc’
in December 2006 and March 2011 which called on States to take steps to end acts of

* These international treaties and conventions include the following: Intemational Convention on the Elimination of Al Forms of Racial
‘Discrimination of 1965, International Covenant on Cl and Political Rights of 1976, nterationl Covenant on Economic, Socal and Cultural
Rights of 1976, Convention on the Elimination of All Forms of Discrimination against Women of 198), Convention against Torture and Other
‘ru, nhuman or Degrading Treatment or Puntnment of 1987, Convention onthe Rigs of te Cid ot 2990, international Convention on the
Protection ofthe Rights of Al Migrant Workers and Members ofthe Families of 2003 and Convention onthe Rights of Persons with Disabilities
cof 2008.


violence, criminal sanctions and related human rights violations committed against
individuals because of their sexual orientation or gender identity, among others”.

Back home, many LGBTQIA‘s become moving targets for discrimination and
violence that affect their economic, social and physiological well-being. Yet in spite of this
reality, there is an absence of government mechanism or intervention directed to monitor, let
alone address, the incidents of discrimination, prejudice and even violence against the
Filipino LGBTQIA* community. Because of this, many LGBTQIA" victims opt not to report
the incident for fear of further harassment, prejudicial treatment, or more violent reprisal.

The Philippines should not condone an environment where the LGBTQIA*
community is “treated with contempt and violence by their fellow citizens while authorities
‘empowered to protect them look the other way or, too often, even join in the abuse®.”

This bill seeks to correct this onerous predicament by establishing LGBTQIA* help
and protection desks in all Philippine National Police (PNP) stations. These dedicated desks
shall act on all cases involving crimes against chastity, sexual harassment, and abuses
committed against LGBTQIA’s in the Philippines. To complement this help desk, the PNP is
tasked to ensure the gender neutrality of its human resource processes, from the recruitment
and selection to the promotion and deployment of police officers. Ultimately, this bill seeks
to create a police organization that is able and eager to respond to any criminal or emergency

incident, regardless of the gender orientation of the people involved.

In view of the foregoing, the swift pa
sought.

VILMA SANTOS-RECTO

* United Nations’ Human Rights Counc (2006 December 3). Joint Statement on Human Right Violations Based on Sexual xentation and Gender
Identity. Geneva: Office of he United Nations High Commisione for Human Rights.


EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

H. B. No. 4369

Introduced by Rep. Vilma Santos-Recto
6" District of Batangas

AN ACT

ESTABLISHING LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER,
INTERSEXUAL, ASEXUAL, AND INDIVIDUALS OF VARIOUS SEXUAL AND
GENDER ORIENTATIONS (LGBTQIA‘) HELP AND PROTECTION DESKS IN
ALL PHILIPPINE NATIONAL POLICE STATIONS, AMENDING FOR THE
PURPOSE TITLE VII OF REPUBLIC ACT NUMBER 8551, AS AMENDED,
OTHERWISE KNOWN AS THE “PHILIPPINE NATIONAL POLICE REFORM
AND REORGANIZATION ACT OF 1998,” AND FOR OTHER PURPOSES

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

Section 1. Title VII of Republic Act No. 8551, as amended, is hereby further amended
to read as follows:

“Title VII

“CREATION OF WOMEN'S AND LESBIAN, GAY, BISEXUAL,

TRANSGENDER, QUEER, INTERSEXUAL, ASEXUAL, AND

INDIVIDUALS OF VARIOUS SEXUAL AND GENDER

ORIENTATIONS (LGBTQIA*) HELP AND PROTECTION DESKS IN

ALL POLICE STATIONS AND THE FORMULATION OF A GENDER

SENSITIVITY PROGRAM”

Sec. 2. Section 57 of Republic Act No. 8551, as amended, is hereby further amended
to read as follows:

“Sec. 57. Creation and Functions. — The PNP shall establish
women's AND LESBIAN, GAY, BISEXUAL, TRANSGENDER,
QUEER, INTERSEXUAL, ASEXUAL, AND INDIVIDUALS OF
VARIOUS SEXUAL AND GENDER ORIENTATIONS (LGBTQIA’)

HELP AND PROTECTION desks in all police stations throughout the


19
20
2
2
23
24
25

21
28
29
30
31
32
33

country to administer and attend to cases involving crimes against chastity,

sexual harassment, abuses committed against women, [and] children AND

LGBTQIA* and other similar offenses: Provided, That municipalities and

cities presently without policewomen will have two (2) years upon the

effectivity of this Act within which to comply with the requirement of this

provision.”

Sec. 3. Section 58 of Republic Act No. 8551, as amended, is hereby further amended
to read as follows:

“Sec. 58. Prioritization of Women for Recruitment. ~ Within the next

five (5) years, the PNP shalll prioritize the recruitment and training of women

who shall serve in the women's desk. Pursuant to this requirement, the PNP

shall reserve ten percent (10%) of its annual recruitment, training, and

education quota for women: PROVIDED, THAT NOTHING IN THIS

TITLE SHALL BE CONSTRUED AS A RESTRICTION FROM

RECRUITING LGBTQIA* INTO THE PNP REGULAR FORCE,

EITHER THROUGH REGULAR RECRUITMENT OR LATERAL

ENTRY PROGRAM.”

Sec. 4, Section 61 of Republic Act No. 8551, as amended, is hereby further amended
to read as follows:

“Sec. 61. Non-prohibition for Promotion. — Nothing in this title shall

be construed as a restriction on the assignment of policewomen AND

LGBTQIA* POLICE OFFICERS to other positions in the PNP nor shall

any provision{s] of this title be used for the non-promotion of a PNP female

OR LGBTQIA‘ personnel to higher position.”

Sec. 5. Implementing Rules and Regulations. — Unless otherwise provided in this Act,
the Commission in coordination with the Philippine National Police and the Department of
the Interior and Local Government, shall promulgate rules and regulations for the effective
implementation of this Act.

Sec. 6. Separability Clause. — If any provision, section or part of this Act shall be

declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any
other provisions, sections or parts hereof.
Sec. 7. Repealing Clause. — All laws, decrees, orders, rules and regulations which are

inconsistent with the provisions of this Act are hereby repealed or modified accordingly.


1 Sec. 8. Effectivity. — This Act shall take effect fifteen (15) days following its
2 publication in at least two (2) newspapers of general circulation or in the Official Gazette.
Approved,