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Republic of the Philippines

HOUSE OF REPRESENTATIVES ‘3 RECEIVED
Quezon City Spare 3.0 JUN 2075
TIME X
20 CONGRESS a
First Regular Session

HOUSE BILL NO. 388

Introduced by. REP. JUAN CARLOS “ARJO” C. ATAYDE

AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL
ORIENTATION OR GENDER IDENTITY OR EXPRESSION (SOGIE),
PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES,

The 1987 Constitution, Art. II Sec. 1 provides that [n]o person shall be deprived
of life, liberty, or property without due process of law, nor shall any person be denied
the equal protection of the laws.

The LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender/Transsexual,
Queer/Questioning, Intersex, Asexual/Allies, Nonbinary/Genderqueer_ +)
community is a relatively newly recognized sector in our society.

For decades, those who belong to this community have suffered
marginalization, oppression, and other forms of abuse due to their sexual orientation,
gender identity, and expression (SOGIE). Many have lived in denial of or hiding their
true selves for fear of persecution, and in many cases, physical harm.

However, in spite of all the challenges against them, our brethren from the
LGBTQIA+ community have emerged as productive members of our society with
many of them participating in the highest levels of national conversations and
programs.

The objective of this bill is simple: to prevent discrimination against SOGEE. It
must be emphasized that this bill does not seek to provide special treatment for the
members of the LGBTQIA+ community but to ensure that we treat them EQUALLY
to every other human being.

As fellow members of the human race, the LGBTQIA+ community seeks only
to be treated fairly, given the same opportunity to grow, and participate in all human
activities without fear of oppression and persecution because of their SOGIE.


Our country stands to lose nothing and gain everything in enacting this
legislation. By fully integrating the LGBTQIA+ in our community and ridding
ourselves of all forms of discrimination, we all become much greater than we are and
our nation will be stronger for it.

This bill defines all acts of discrimination and provides for penalties therefor.
This also mandates the government agencies to develop programs and policies that
will prevent SOGIE-based discrimination and promote fair treatment to everyone.

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

REP. JUAN CARLOSARJO” C. ATAYDE


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

20% CONGRESS
First Regular Session

388

HOUSE BILL NO.

Introduced by, REP. JUAN CARLOS “ARJO” C. ATAYDE

AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL
ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR SEX CHARACTERISTICS
AND PROVIDING PENALTIES THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the “Sexual Orientation, Gender
Identity or Expression, or Sex Characteristics Equality 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, gender identity or expression, or sex characteristics
(hereinafter referred as “SOGIESC”) to be free from any form of discrimination. It shall
therefore intensify its efforts to fulfill its duties under the Equal Protection Clause and the
Bill of Rights provisions of the Philippine Constitution, and international and domestic laws
to respect, protect, and fulfill the rights and dignity of every individual

To this end, the State shall exert efforts to address all forms of
discrimination, marginalization and violence on the basis of SOGIESC, and to promote
human dignity as enshrined in the United Nations Universal Declaration of Human Rights,

the Convention on the Elimination of All Forms of Discrimination Against Women,


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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 or a party.

In the enforcement of this Act, the free exercise and enjoyment of religious freedom
and of the fundamental rights of parents in the upbringing of their children in accordance
with their religious convictions shall be given all due respect. In all matters, the best interest
of children shall be paramount.

SEC. 3. Definition of Terms. - As used in this Act:

(a) Asexual refers to a person who does not experience attraction or
experiences markedly reduced attraction toward individuals of any gender;

(b) Bisexual refers to a person who has the capacity to form enduring physical,
romantic, and/or emotional attractions to those of the same gender or to those of another
gender;

(©) Child refers to a person below eighteen (18) years of age or older but who is
incapable of taking care of oneself as defined under Republic Act No. 7610, as amended,
otherwise known as the “Special Protection of Children Against Abuse, Exploitation and
Discrimination Act”;

(d) Discrimination refers to any act of distinction, exclusion, restriction, or preference
which is based on any ground such as sex or SOGIESC, and which has the purpose or effect,
whether direct or indirect, of nullifying or impairing the recognition, access to, enjoyment, or
exercise by all persons on an equal footing of all rights and freedoms. The actual sex or
SOGIESC of the person subjected to discrimination shall not be relevant for the purpose of
determining whether an act of discrimination has been committed. Direct discrimination
‘occurs where a person is treated less favorably than another person in the same or comparable

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circumstances on the ground of a person or persons’ SOGIESC. Indirect discrimination occurs
where an apparently neutral condition or requirement is imposed which has the effect of
disadvantaging a person of diverse SOGIESC and which is not reasonable in the
circumstances;

(e) Gay refers to a person who identifies himself as a man and whose enduring
physical, romantic, and/or emotional attractions are to people who also identify themselves
as men;

() Gender refers to a social construct used to categorize a person as man, woman, or
other identity, which is usually based on one’s sex assigned at birth;

(g) Gender expression refers to the way a person communicates gender identity to others
through behavior, clothing, hairstyles, communication or speech pattern, or body
characteristics;

(h) Gender identity refers to a person’s innermost concept of self as man, woman,
or another non-binary identity which may or may not correspond with their sex or gender
assigned at birth;

(i) Harassment refers to such unwanted conduct, pattern of conduct, act, or series of
acts which tend to annoy, insult, bully, demean, offend, threaten, intimidate, alarm, or create
a hostile or emotionally distressing environment, or put a person or group of persons in fear
of their safety;

(j) Hate crimes refer to criminal offenses committed against a person or a group of
persons, or against such targeted person’s or group’s honor or property, motivated in whole
or in part by the offender's bias against SOGIESC;

(k) Intersex refers to people born with the sex characteristics (including genitals,
gonads and chromosome patterns) that do not fit typical binary notions of male or female

bodies, all of which are natural bodily variations along a spectrum;


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(1) Lesbian refers to a person who identifies herself as a woman and whose
enduring physical, romantic, and/or emotional attractions are to people who also identify
themselves as women;

(m) LGBTQIA+ community refers to the collective of persons who are Lesbian,
Gay, Bisexual, Transgender/Transsexual, Queer/ Questioning, Intersex,
Asexual/ Allies, Non-Binary /Genderqueer and other persons of diverse SOGIESC;

(n) Marginalization refers to a condition where a whole category of people is excluded
from useful and meaningful participation in political, economic, social, and cultural life;

(0) Profiling refers to subjecting a person or group of persons to investigatory
activities, which include unnecessary, unjustified, illegal and degrading searches, or
other investigatory activities, in determining whether an individual is engaged in an activity
presumed to be unlawful, immoral or socially unacceptable;

(p) Reasonable accommodation means necessary and appropriate modification
and adjustments not imposing a disproportionate or undue burden, where needed in
a particular case, to ensure persons of diverse SOGIESC the enjoyment or exercise on an equal
basis with others of all human rights and fundamental freedoms;

(q) Sex refers to the civil status of a person acquired by birth having a system
of reproduction corresponding to that belonging to either male, female or intersex;

(x) Sex characteristics refers to a person's physical traits that indicate their biological sex,
such as chromosomes, external genitalia, gonads, hormones, and internal reproductive
organs. Traits present at birth are called primary sex characteristics, whereas those that
develop during puberty are called secondary sex characteristics;

(s) Sexual orientation refers to the direction of emotional, sexual attraction, or conduct
towards people of the same gender (homosexual orientation) or towards people of more than
‘one gender (bisexual orientation), or towards people of the opposite gender (heterosexual
orientation) or to the absence of sexual attraction (asexual orientation);

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(t) Stigma refers to the dynamic devaluation and dehumanization of an individual in
the eyes of others which may be based on attributes that are arbitrarily defined by others as
discreditable or unworthy, and which result in discrimination when acted upon;

(u) Transgender refers to a person whose gender identity does not align with the sex or
gender assigned at birth, frequently abbreviated to “trans”; and

(v) Queer refers to a variety of sexual orientation and gender identities or expression
that do not align with mainstream, heteronormative, and/or binary assumptions. Sometimes
referred to as genderqueer or non-binary.

SEC. 4. Communities Vulnerable to Discrimination and Abuse on the Basis of SOGIESC. -
This Act seeks to protect individuals and communities that are at a greater risk of experiencing
human rights violations on the basis of SOGIESC, including individuals and communities
of diverse SOGIESC who are children, young, poor, persons with disabilities, indigenous
peoples or persons of different ethnic background, or cultural background, and of various
religious beliefs.

For this purpose, discrimination on the grounds of a person’s SOGIESC intersecting
or compounded by other grounds and factors such as age, racial or ethnic origin, religious
belief or activity, political inclination or conviction, social class, economic status, marital or
relationship status, disability, HIV status, health status or medical history, language, physical
features, or other status shall be considered a discriminatory practice.

SEC. 5. Discriminatory Practices. - It shall be unlawful for any person, natural
or juridical, to engage in discrimination as defined in this Act, which shall include:

(a) Advertising, producing, and publishing in the media, in educational textbooks,
and other medium that has the effect of promoting, encouraging and perpetuating stigma or
inciting violence and sexual abuse against any person or group on the basis of SOGIESC;

(b) Denying access to public services to any person on the basis of SOGIESC;


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(c) Including SOGIESC, as well as the disclosure of one’s SOGIESC, in the criteria for
hiring, promotion, transfer, designation, work assignment, re-assignment, dismissal
of workers, subcontracting and other human resource movement and action, performance
review, and in the determination of employee compensation, access to 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 and skills training in both the private
and public sectors, 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, associations or organizations with LGBTQIA+ members or of associations
or organizations advocating LGBTQIA+ rights;

(a) Refusing admission or expelling a person from any educational or
training institution, such as police and military academies or training institutions, on the basis
of SOGIESC. This includes discriminating against a student or trainee due to the SOGIESC of
the student’s parents or guardian, court-appointed or otherwise: Provided however, That the
right of educational and training institutions to determine the academic qualifications of their
students or trainees shall be duly upheld;

() Imposing 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 guardian, court-appointed or otherwise;

(®) Refusing or revoking 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 such as dissolving existing

organizations or refusing or revoking the accreditation, formal recognition, registration or


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establishment of any organization, group, political party, institution, or establishment in
educational institutions, workplaces, communities, and other settings, on the basis of the
SOGIESC of their members or of their target constituencies, whether explicit or otherwise;

(g) Denying a person access to public or private medical and other health services open
to the general public on the basis of such person's SOGIESC, as well as access to public
and private health insurance, including health maintenance organizations, on the basis of
SOGIESC: Provided, That this shall not authorize an order to any institution or person to
perform gender affirming surgeries or other similar procedures;

(h) Denying an application for or revoking a professional or other similar kind
of license, clearance, certification on, or any other similar document, except marriage
license, issued by the government due to the applicant's SOGIESC;

(i) Denying a person access to or the use of establishments, facilities, utilities,
or services, including housing, open to the general public on the basis of SOGIESC: Provided,
That the act of giving inferior accommodations or services shail be considered a denial of
access or use of such facility or service: Provided further, That establishments will make
available their existing toilets with facilities designated for persons with disabilities also as
gender neutral toilets: Provided finally, 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;

() Subjecting or forcing any person to undertake any medical or psychological
examination to determine or alter, or both, the person's SOGIESC without the express
approval of the person involved, except in cases where the person involved is a minor and
below the age of discernment, or a person who lacks mental capacity, in which case, prior
approval of the appropriate Family Court shall be required. In the latter case, the child or a
person who lacks mental capacity shall be represented in the proceedings by the Solicitor

General or the latter's authorized representative, In no case shall a minor or a person who


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lacks mental capacity be forced to undertake said examination against the person or persons’
will and consent;

(k) Harassment, coercion, or threats committed on the basis of one’s SOGIESC by those
involved in the enforcement of law, regulations or directives, and the protection of rights of
any person, whether they belong to the public or private sector. Among other cases,
prohibited acts under this section include arresting or placing under custody, and subjecting
a person to extortion, physical, verbal abuse, or sexual abuse, regardless of whether such
arrest has legal or factual basis. Harassment, coercion, or threat of juridical persons on the
basis of the SOGIESC of their members, stockholders, benefactors, clients, or patrons is
likewise covered by this provision;

(1) Publishing information intended to “out” or reveal the sex or SOGIESC of
persons without their consent, whether or not done in good faith, when such has not been
made known by the person/s concerned and has been made with malicious intent or is
primarily motivated by a desire for commercial profit;

(m) Engaging in public speech, except religious speech or comments made in
the context of a religious service, ceremony or activity, meant to shame, insult, vilify, or
which tends to incite or normalize the commission of discriminatory practices against persons
of diverse SOGIESC, and which acts or practices in turn, intimidate them or result in the loss
of their self-esteem;

(n) Subjecting persons or groups of persons to harassment which is motivated in whole
or in part by the offender's bias, belief, or perception regarding the offended party’s SOGIESC,
regardless of whether the belief or perception is correct. Such prohibited act may include
physical assault, stalking, or making derogatory comments, slurs or lewd propositions, and
may be conducted through any form of medium, including visual representation, broadcast
communication, correspondence or communication through mail or any telecommunication

device, or through the internet or cyberspace;


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(0) Subjecting any person, natural or juridical, to gender profiling or to any
investigatory activities, which include (i) unnecessary, unjustified, illegal, or
degrading searches to determine whether an individual is engaged in an activity presumed
to be unlawful, immoral, or socially unacceptable; (ii) recording and analyzing a person's
psychological and behavioral characteristics to make generalizations about a person's
SOGIESC or to assist in identifying a particular subgroup of people's SOGIESC;

(p) Preventing a child under parental authority, custody, or guardianship, whether
court appointment or otherwise, from exhibiting or expressing one’s SOGIESC; or
manifesting rejection of such child’s SOGIESC by inflicting or threatening to inflict bodily or
physical harm against the child or by causing mental or emotional suffering to the child
through intimidation, harassment, public ridicule or humiliation, repeated verbal abuse, or
other similar means; or in general, committing any act or omission prejudicial to the welfare
and interest of the child as a result of the bias against the SOGIESC of the child;

(q) Adopting a measure or practice of general or neutral application which fails to
provide for mechanisms to offset or address SOGIESC-based disadvantages or limitations as
a result of which persons of diverse SOGIESC are denied or restricted in the recognition and
protection of their rights and in their access to and enjoyment of opportunities, benefits, or
privileges otherwise available to other persons: Provided, That this provision includes denial
of reasonable accommodation: Provided further, That such prohibited act may include,
among others, economic assistance programs extended only to families traditionally
consisting of heterosexual couples, whether de facto or legally recognized, to the exclusion of
those consisting of couples of diverse SOGIESC; and

(1) Subjecting a person to any other analogous acts that shall have the effect or purpose
of impairing or nullifying the enjoyment, recognition, or exercise of a person’s rights

and freedoms.


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SEC. 6. Privacy Rights. - No person shall be burdened, prejudiced, or prosecuted by
reason of the exercise of the right to personal privacy, unless it can be shown that there is a
compelling reason or interest justifying the infringement of said constitutional right, and there
is no other less restrictive means to achieve said reason or interest.

SEC. 7. Administrative Sanctions. - Refusal of a government official or employee or
those involved in the enforcement of law whose duty is to implement any part of this Act, to
investigate, prosecute, comply with the directive of the Commission on Human Rights
(CHR), or otherwise act on a complaint for a violation of this Act or causing unreasonable
delay to perform such a duty without a valid ground shall constitute gross negligence on the
part of the official who shall suffer the appropriate penalty under civil service laws, rules and
regulations.

SEC. 8, Penalties. - A person who commits any of the discriminatory practices
described in Section 5 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 twelve (12) years
or both, 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 the violation or offense is committed on the grounds of a person’s SOGIESC
intersecting or compounded by other grounds and factors mentioned in Section 4, the penalty
shall be imposed in its maximum.

If the violation or offense is committed by a corporation, partnership, association or
other juridical entities, the penalty provided for in this section shall be imposed upon the
directors, officers, employees or other officials or persons therein responsible for the offense

without prejudice to the civil liabilities arising from the criminal offense.

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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 or such other cases for violation
of other applicable penal laws.

The penalties provided under this Section shall be meted without prejudice to the
imposition of administrative liability for government officials and employees.

SEC. 9. Special Aggravating Circumstance. - If any civil, criminal, or administrative
offense, not falling under this Act, is committed and proven to be motivated by bias, prejudice,
or hate based on SOGIESC, said offense shall be aggravated and the corresponding penalty
provided thereto shall be imposed in its maximum.

SEC. 10. Redress Mechanisms for SOGIESC-related Cases. -

(a) Inclusion of SOGIESC Concerns in All Police Station Activities and Services ~ The
Women and Children’s Desks now existing in all police stations shall be renamed
as Women, Children and Persons of Diverse SOGIESC Protection Desk, which
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, and in the dynamics of relationships existing between
persons of diverse SOGIESC as applied in hate crime investigations, case
handlings, and case documentations.

Complainant-minors can be represented by parents, guardians, or a non-
government organization of good standing and reputation.

(b) Role of the Civil Service Commission (CSC) - In appropriate cases, the CSC shall,
by regulation, require government establishments, including government-owned

and controlled corporations and financial institutions to establish a grievance

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©

mechanism to address discriminatory practices in the workplace and in the
provision of services to the public. For this purpose, failure or delay in establishing,
a grievance mechanism by the Head of Agency shall be a ground for the
imposition of an administrative fine as may be prescribed by the CSC.

Role of the Department of Labor and Employment (DOLE) - In appropriate cases, the
DOLE shall, by regulation, require private establishments to establish a grievance
mechanism to address discriminatory practices committed in the workplace and
in the provision of services to the public. For this purpose, failure or delay in
establishing a grievance mechanism shall be a ground for the imposition of an

administrative fine as may be prescribed by the DOLE.

(4) Role of the Commission on Human Rights (CHR) - The CHR shall investigate and

recommend the filing of a complaint against any person violating this Act. If the
CHR has reasonable cause to believe that any person or group of persons is
committing acts penalized in Section 5 of this Act, the CHR shall recommend a
egal action in the appropriate prosecutor's office or court.

The CHR shall also direct the officer concerned to take appropriate action against
a public officer or employee at fault or who neglects to perform an act or discharge
a duty required under this Act, and recommend the revocation of license, removal
from office or employment, suspension, demotion, fine, censure, or prosecution,
and ensure compliance therewith. The refusal or delay in the compliance with the
directive of the CHR, without valid cause, to revoke the license, remove, suspend,
demote, fine, censure, or prosecute an officer or employee who is at fault, or who
neglects to perform an act or discharge a duty required under this Act, shall be a
ground for disciplinary action against said officer or employee.

The CHR shall also document cases of discrimination on the basis of SOGIESC and

shall include these documented cases in its annual human rights report. The

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Commission shall actively provide recommendations to different branches of
government on how to address and eliminate discrimination on the basis of
SOGIESC.

SEC. 11. Government Programs and Policies. - The State shall pursue initiatives
and programs that seek to establish and maintain an environment free of stigma and
discrimination. It shall direct the machinery and resources of the State to promote non-
discrimination and shall encourage other sectors of the society to engage and participate in
these efforts. To this end, the Council shall, by rules and regulations, develop, prescribe and
administer incentive and award scheme to encourage public and private establishments to.
provide programs that defend the human rights of persons of diverse SOGIESC and
contribute to their empowerment. The State shall ensure the implementation of the following,
programs:

(a) Social Protection Programs (SPPs) - The national government shall ensure
that communities vulnerable to stigma and discrimination on the basis of SOGIESC are
integrated into government-run SPP.

(b) Diversity and Inclusion Programs and Trainings (DIPTs) - All
government agencies, including government-owned and controlled corporations, local
government units (LGUs), private companies, public and private education institutions, and
other entities, whether public or private, shall establish diversity and inclusion programs and
shall endeavor to provide or conduct trainings for their staff, employees, students and
trainees, and constituents on human rights, gender sensitivity and awareness, and
sensitization on the issue of violence and abuse to ensure that human rights violations and
violence on the basis of SOGIESC are prevented. Such institutions may incorporate these
activities into existing gender sensitivity and development training programs or school

curricula. Finally, the above listed agencies, companies and institutions shall create an internal

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redress mechanism to address cases of discrimination and develop administrative remedies
or sanction for such cases.

(©) Information and Education Campaign (IEC) - All government agencies
and instrumentalities are mandated to develop and implement SOGIESC-specific
gender sensitivity education and information dissemination programs. They shall endeavor
to produce and publish information and education campaign materials on gender and human
rights.

SEC. 12, Empowering Portrayal of Persons of Diverse SOGIESC in Media, ~ The State shall
provide appropriate measures to ensure that media shall undertake positive and empowering
portrayal of persons of diverse SOGIESC to counter existing stereotypes and misconceptions
that often lead to discriminatory practices. To this end, incentives and awards scheme shall
be provided to programs that defend the human rights of persons of diverse SOGIESC and
contribute to their empowerment, pursuant to Sec. 11 of this Act.

SEC. 13, SOGIESC Equality Congressional Oversight Committee. - For the effective
implementation of this Act, there shall be created a Congressional Oversight
Committee, hereinafter referred to as the SOGIESC Equality Congressional Oversight
Committee (SECOC), within sixty (60) days after the enactment of this Act. The SECOC shall
be composed of five (5) members each from the Senate and the House of Representatives,
which shall include the Chairpersons of the Senate Committees on Women, Children, Family
Relations and Gender Equality, and Justice and Human Rights, and the Chairpersons of the
House of Representatives Committees on Women and Gender Equality, and Human Rights.
The members from the Senate and the House of Representatives shall be appointed by the
Senate President and the Speaker, respectively, with at least one (1) member representing the
minority.

The SECOC shall be chaired jointly by the Chair of the Senate Committee on

Women, Children, Family Relations and Gender Equality and the House Committee on

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Women and Gender Equality. The position of Vice-Chair of the SECOC shall be jointly held
by the Chair of the Senate Committee on Justice and Human Rights and the House Committee
on Human Rights. The Secretariat of the SECOC shall come from the Secretariat personnel of
the Senate and the House of Representatives committees concerned.

The SECOC shall monitor the compliance of public institutions to the provisions of
this Act. Within three (3) years after the enactment of this Act, the SECOC shall conduct an
audit of national and local policies that discriminate on the basis of sexual orientation, gender
identity or expression, or sex characteristics, and shall submit a report to Congress, the Office
of the President, and the Supreme Court, on this subject. Thereafter, the Council shall submit
to Congress an annual report on the implementation of this Act.

The SECOC shall cease to exist ten (10) years after its organization.

SEC. 14. Inter-Agency Council on SOGIESC Equality. - In pursuance of the
abovementioned government programs and policies, there is hereby established an inter-
agency council on SOGIESC equality, hereinafter known as the Council, which shall be
composed of the following agencies and organizations:

a) CHR;

b) Department of Justice (DOJ);

cs

d) Philippine National Police (PNP);

e) Department of Information and Communications Technology;

f) National Youth Commission (NYO);

g) Philippine Commission on Women (PCW);

1h) Commission on Population and Development (CPD);

i) DOLE;

}) Department of Education (DepEd);

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k) Commission on Higher Education (CHED);

1) Technical Education and Skills Development Authority (TESDA);

m) Philippine Statistics Authority(PSA);

n) Department of Health (DOH);

0) Department of Social Welfare and Development (DSWD);

p) Department of the Interior and Local Government (DILG); and

q) At least three (3) representatives from civil society organizations (CSOs) with
proven expertise and track record on SOGIESC concerns;

The Chairperson of the CHR shall be the permanent Chairperson of the Council, and
the secretary of Justice as its permanent Vice-Chairperson. The Council members may
designate their permanent representative who shall have a rank not lower than an assistant
secretary or its equivalent, and shalll receive emoluments as may be determined by the Council
in accordance with existing budget and accounting rules and regulations.

‘The CSOs forming part of the Council shall be selected based on proven expertise and
track record on SOGIESC concerns, subject to the implementing rules and regulations of this
act. The representatives of the CSOs shall serve for a term of three (3) years renewable at the
discretion of the Chairperson upon recommendation of the Council for a maximum of two (2)
consecutive terms.

The Council shall meet at least once every quarter, the presence of the Chairperson or
the Vice-Chairperson of the Council, and at least ten (10) other representatives of the Council
members shall constitute a quorum to do business, and a majority of those present shall be
sufficient to pass resolutions or render decisions.

SEC. 15. Powers and Functions of the Council. - The Council shall have the following
powers and functions:

(a) Develop DIPTs and IECs for the national government;

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() Provide overall direction to the DIPTs, IECs and SPPs of the national
government, and guidance and technical assistance to agencies in the implementation of the
DIPTs, IECs and SPPs in their respective agencies;

(©) Encourage LGUs to issue ordinances promoting DIPTs and IECs within their
respective jurisdictions;

(d). Ensure that branches, departments, bureaus, offices, agencies and
instrumentalities of the government, including government-owned and controlled
corporations (GOCCs), state universities and colleges (SUCs) and LGUs, undertake
appropriate measures, subject to existing laws, rules and issuances, relative to the violation of
nondiscrimination laws or issuances, and/or filing of appropriate action against erring
persons;

(e) Establish a system for monitoring the progress of branches, departments, bureaus,
offices, agencies and instrumentalities of the government, including GOCCs, SUCs and LGUs,
in the implementation of DIPTs, IECs and SSPs;

() Enlist the support and assistance of other government agencies and
instrumentalities in the attainment of the objectives of Section 10 of this Act; and

(g) Submit to the SECOC regular reports on the progress of the implementation of
this act, highlighting the impact thereof on the status and human rights of people with
diverse SOGIESC and recommend possible legislation to address gaps in existing laws.

SEC. 16. Secretariat of the Council. - The CHR shall determine the additional positions
required for the purpose consisting of personnel with the necessary technical expertise and
capacity in accordance with the Revised Compensation and Position Classification
‘System subject to the evaluation and approval of the Department of Budget and Management
and in accordance with the civil service laws, rules and regulations.

The secretariat shall be headed by an Executive Director who shall be under the direct
supervision of the Chairperson of the Council.

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The secretariat shall perform the following functions:

(a) Coordinate and manage the day-to-day affairs of the Council;

(b) Assist in the formulation, monitoring and evaluation of DIPTs and IECs;

(©) Provide technical assistance, support and advisory services to the Council and its
external partners;

(d) Assist the Council in identifying and building internal and external networks and
partnerships;

(©) Coordinate and support the efforts of the Council and its members to mobilize
resources; and

(f Provide administrative support to the Council.

SEC. 17. Appropriations, - The amount necessary for the implementation of this Act
shall be included in the annual General Appropriations Act.

SEC. 18, Implementing Rules and Regulations. - Within sixty (60) days from the effectivity
of this Act, the CHR, DOJ, CSC, PNP, Department of National Defense, NYC, PCW, CPD,
DOLE, DepEd, CHED, TESDA, DOH, DSWD, DILG, and at least three (3) CSOs with proven
expertise and track record on SOGIESC concerns, shall promulgate the necessary rules and
regulations for the effective implementation of the provisions of this Act.

SEC. 19. 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, 20. Repealing Clause. - All laws, decrees, orders, rules and regulations, or parts
thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,