Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. _ 3555 _

Introduced by AKBAYAN Representative Tomasito S. Villarin

EXPLANATORY NOTE

‘The correctness of, and pressing need for, passing a comprehensive “anti-
discrimination law” has already been sufficiently explained by many
advocates in the House of Representatives who are championing the passage
of such a law during previous Congresses. In various versions of the
legislative proposal in the issue, proponents succinctly summarize the
current predicament that the proposed law seeks to correct — i.e., that the
existence of numerous national laws and international agreements
notwithstanding, reality, at least when it comes to the effective application of
said laws and strict adherence to said agreements, still leaves very much to
be desired. As a result, many of our countrymen who happen to be lesbian,
gay, bisexual, and transgender (LGBT) persons continue to experience
oppression in their everyday lives — from their work places to their own
homes, from inside schools to outside in the streets — simply because of
long-held misconceptions and ignorance.

‘That this oppression is also perpetrated by those very same institutions that
were created to protect and nurture our people makes the situation doubly
tragic. The examples of discrimination seen in schools, churches, local
governments, and in the police and military, for example, greatly limit the
exercise and enjoyment of basic human rights and fundamental freedoms of
so many people today. There is, therefore, an urgent need to define and
penalize practices that unjustly discriminate against LGBT people.

On Akbayan’s part, given its affinity for the sectors and attendant issues of
labor, rural development, agrarian reform, fisheries development and local
governance, the Party attaches a special emphasis on the negative effects of
discrimination, in all its forms, on these sectors. In particular, the adverse
effects of discrimination, overt or otherwise, on the human resource pool,
upon which the continued development of the said sectors relies, is very
much worrying.

Why should any individual, or group of individuals, be singled out because
of their sexual orientation or gender identity or gender expression and
denied employment opportunities in their chosen fields? And why deny


these sectors the human resources they sorely need just because of personal
biases held by the gatekeepers? Seen from this angle, the issue of
discrimination ceases to be just a personal rights matter and becomes an
economic/employment issue as well.

Congress must now act swiftly to address this unconscionable acts of
discrimination not only to penalize such acts, but more importantly to
educate society such invalid discrimination and prejudice of lesbian, gay,
bisexual and transgender people is anachronism of a bygone era, and has
no place in modern society.

In view of the foregoing, the expeditious passage of this bill is earnestly
sought.

a

TO! ITO S. VILLARIN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City.

SEVENTEENTH CONGRESS
First Regular Session

8555

House Bill No.

Introduced by AKBAYAN Representative Tomasito S. Villarin

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."

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 international and domestic laws to respect, protect and fulfill
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 shall
be defined as follows:

a. 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.

b. 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.

c. 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 unlawful 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;

. Deny 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;

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;

. 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;

. Subject or force any person to undertake any medical or psychological
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

3


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 a 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 employees.

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 fifieen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,