Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

A
HOUSE pune. 4244

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T. ZARATE

AN ACT
DEFINING DISCRIMINATION ON THE BASIS OF SEXUAL
ORIENTATION AND GENDER IDENTITY AND PROVIDING
PENALTIES THEREFOR

EXPLANATORY NOTE

“The 1987 Constitution declares that “the State values the dignity of every human petson
and guarantees full respect for human rights” (Anticle 2, Section 11, 1987 Constitution),
Tealso imposes on the State the duty to ensure the fandamental equality before the law of
women and men (Article 2, Section 14).

‘The equal protection clause in the Bill of Rights logically requires that laws are
implemented and applied equally and uniformly on all persons under similar
cieumstances of that all persons must be treated in the same manne, the conditions not
being different, both in the privileges conferred and the liabilities imposed,

‘The Philippines is also a signatory to international agreements 08 the respect for human
tights of all persons regardless of any condition, including sex or sexual orientation.
These international instruments have consistently been interpreted by international
sastitutions, such as the United Nations Human Rights Committee (UNHRC) and the
UN Committee on Economic, Social and Cultural Rights, to include protection against
discrimination on the basis of sexual orientation.

‘he UNHRC has interpreted Article 26 of the International Covenant && Civil and
Political Rights (ICCPR), which obliges States to “guarantee 0 all persons equal and
effective protection against discrimination on any ‘ground such as race, colot, sex,
tanguage, religion, politcal or other opinion, national OF social origin, property, birth or
other status,” to include a protection against discrimination of the basis of sexual
ores tation. The Committee on Economic, Social and Cultural Rights has also interpreted
Mniele 2 of the International Covenant on Economic, Social and Cultural Rights
({CESCR) to include sexual orientation in the Covenant’s non-disctimination provisions.


‘The present and future realities existing in the country should not be left behind by law.
‘The noble intentions of numerous national laws and international agreements are still
wanting with respect to our compatriot lesbians, gays, bisexuals and tansgenders
(LGBTs). They continue to be discriminated by society at large, primarily because of
misconceptions and systemic State ignorance. LGB'I’s often find it difficult to exercise
their rights as persons, laborers, professionals, and ordinary citizens.

Prejudicial practices and policies — mostly unstated and unwritten — based on sexual
orientation and gender identity severely limit the exercise and enjoyment of the basic
rights and fundamental freedoms in schools, workplaces, commercial establishments, the
civil service, even the security services.

LGBT students are denied admission or expelled from schools due to their sexual
orientation or gender identity. Companies block the promotion and stymie the career
advancement of gay or lesbian employces due to the deeply embedded notion that
homosexuality denotes weakness. Laws such as the current anti-vagrancy law are also
abused by the law enforcement agencies to harass gay men.

It is therefore imperative to define and penalize practices that discriminate against
LGBTs. It should be noted that the list herein is not exhaustive as it focuses only on the
most blatant instances of discrimination. Instances of discrimination of similar nature
should be deemed included among the prohibited practices by reasonable analogy.

LGBTs do not want nor claim additional “special” ot “additional rights.” This bill aims
to forward the observance of the same rights as those of heterosexual persons that are
denied - either by current laws or practices - basic civil, political, social and economic
rights.

‘This bill was first filed in 2010 during the 15 Congress by Bayan Muna Partylist Reps.
Teodoro Casifio and Neri Colmenares. It was refiled in the16® Congress by Bayan Muna
Partylist Reps. Neri Colmenares and Carlos Isagani Zarate.

In view of the need to remedy the long-standing discrimination against LGBTs in
Philippine society, the carly passage of this bill is earnestly sought in the 17% Congress.

Approved,

Rep. cates ae a 2 are
Bayan Muna Parfylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

A
HOUSE BILL No. 4414

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T. ZARATE.

AN ACT
DEFINING DISCRIMINATION ON THE BASIS OF SEXUAL
ORIENTATION AND GENDER IDENTITY AND PROVIDING
PENALTIES THEREFOR

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

SECTION 1. Title. — This Act shall be known as the “Anti-Discrimination Act of
2016.”

SECTION 2. Declaration of Policy. - It is the policy of the State to work actively for
the elimination of all forms of discrimination that offends the equal protection clause of
the Bill of Rights and the State obligations under human rights instruments acceded to by
the Republic of the Philippines, particularly those pertaining to discriminatory practices
based on sex of sexual orientation, such as the United Nations Universal Declaration on
Human Rights, the Convention on the Elimination of all forms of Discrimination
Against Women, particularly General Recommendation No. 28 on non-discrimination
based on sexual orientation and gender identity, the 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.

‘Towards this end, discriminatory practices as defined herein shall be proscribed and
penalized

SECTION 3. Definition of Terms. — For purposes of this act, the following terms
shall be defined as follows:

a. Sexual Orientation denotes 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).


Sexual orientation is not equivalent to sexual behavior since this refers to feelings and
self-concept. Persons may or may not express their sexual orientation in their behaviors.

b. Gender Identity denotes the personal sense of identity as characterized, among
others, by manners of clothing, inclinations, and behavior in relation to masculine ot
feminine conventions. A person may have a male or female identity with the
physiological characteristics of the opposite sex.

¢. Discrimination shall be understood to imply any distinction, exclusion, restriction, or
preference which is based on any ground such as sex, sexual orientation, gender identity
whether actual or perceived and which has the purpose or effect of nullifying or
impairing the recognition, enjoyment, of exercise by all persons of an equal footing of all
rights and freedoms.

SECTION 4. Discriminatory Practices. - It shall be unlawful for any person, natural
or juridical, to:

(@) Deny access to public service, including military service, to any person on the basis of
sexual orientation and/or gender identity:

(0) Include sexual orientation and gender identity, as well as the disclosure of sexual
orientation, in the criteria for hiring, promotion and dismissal of workers, and in the
determination of employee compensation, training, incentives, privileges, benefits or
allowances, and other terms and conditions of employment;

This prohibition on the basis of sexual orientation and gender identity shall also include
the contracting and engaging of services of juridical persons.

(© Refuse admission or expel a person from educational institutions solely on the basis of
sexual orientation and gender identity;

‘This prohibition shall include the imposition of () disciplinary sanctions solely on the
basis of sexual orientation and gender identity; (ji) penalties harsher than customary
primarily due to sexual orientation and gender identity; or (ii) similar punishments and
prohibitions.

(@ Prohibit or prevent the efforts to organize, refuse or revoke the accreditation, formal
recognition, and registration 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;

(© Deny a person access to medical and other health services open to the general public
on the basis of such person’s sexual orientation ot gender identity;

(f) Deny an application for, or revoke a professional license, or other similar license
issued by government due to the applicant's sexual orientation or gender identity;



(g) Deny a person on the basis of sexual orientation or gender identity access to or the
use of establishments, facilities, utilities or services, including housing, that are open to
the general public. Provided, That the act is a denial when a person is given inferior
accommodations or services based on sexual orientation or gender identity;

This prohibition includes the discrimination of juridical persons solely on the basis of the
sexual orientation or gender identity of their members or of their target constituencies;

(h) Subject any person to any medical or psychological examination to determine and/ot
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 under 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 proceeding by the
Solicitor General or the latter’s authorized representative;

() Harassment by members of institutions involved in the enforcement of law and the
protection of rights, such as the Philippine National Police (PNP) and the Atmed Forces
of the Philippines (AFP), of any person on the basis of his or her sexual orientation or
gender identity. Among other cases, harassment occurs when a person is arrested ot
otherwise placed in the custody of the government institution and extortion, physical or
verbal abuse takes place, regardless of whether such arrest has legal or factual ba
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.

@) Other analogous circumstances.

SECTION 5. 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 to
perform such a duty without a valid ground shall constitute gross negligence on the part
of such official who shall suffer the appropriate penalty under civil service laws, rules,
and regulations.

SECTION 6. Penalties. — (2) Persons found guilty of any of the discriminatory
practices enumerated in the preceding section shall be penalized with a fine of not less
than Two Hundred Fifty Thousand Pesos (P250,000) but not to excced Five Hundred
‘Thousand Pesos (P500,000) or imprisonment of not less than one (1) year but not more
than six (6) years, or both at the discretion of the court.

() The officials directly involved shall be liable for violations committed by corporations,
organizations or similar entities.

(© Community service time in terms of human rights education to the perpetrator and
exposure to the plight of the victims shall be additionally imposed at the discretion of the
court,



SECTION 7. 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.

SECTION 8. Repealing clause. — All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 9. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

6