Republic of the Philippines REPRE.
HOUSE OF REPRESENTATIVES
Quezon City 5 RECEIVE
Seep t
EIGHTEENTH CONGRESS oct

First Regular Session

6294
HOUSE BILL No.

Introduced by
GABRIELA WOMEN’S PARTY Representative ARLENE D. BROSAS,
ACT TEACHERS’ PARTYLIST Representative FRANCE L. CASTRO, and
KABATAAN PARTYLIST Representative SARAH JANE I. ELAGO

AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF
SEXUAL ORIENTATION AND GENDER IDENTITY AND EXRESSION (SOGIE)
AND PROVIDING PENALTIES THEREFOR

EXPLANATORY NOTE

The State's commitment to upholding the dignity and equality of all persons is enshrined in the
1987 Constitution and in several international covenants it is signatory to, such as the International
Covenant on Economic, Social, and Cultural Rights (ICESCR), and the International Covenant on
Civil and Political Rights (ICCPR).

It is declared in the constitution that “the State values the dignity of every human person and
guarantees full respect for human rights” (Article 2, Section 11, 1987 Constitution). It also imposes
on the State the duty to ensure the fundamental equality before the law of women and men (Article
2, Section 14). The equal protection clause in the Bill of Rights also requires that laws are
implemented and applied equally and uniformly on all persons under similar circumstances or that
all persons must be treated in the same manner, the conditions not being different, both in the
privileges conferred and the liabilities imposed.


The Philippines is also a signatory to international agreements on the respect for human rights of
all persons regardless of any condition, including sex or sexual orientation. These international
agreements have consistently been interpreted by international institutions, 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.

‘The UNHRC has interpreted Article 26 of the Intemational Covenant on Civil and Political Rights
(ICCPR), which obliges States to “guarantee to all persons equal and effective protection against
discrimination on any ground such as race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status,” to include a protection against
discrimination on the basis of sexual orientation. The Committee on Economic, Social and Cultural
Rights has also interpreted Article 2 of the International Covenant on Economic, Social and
Cultural Rights (ICESCR) to include sexual orientation in the Covenant’s non-discrimination
provisions.

While the protection of the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) is promised
‘on such papers, the Philippines is no stranger to notorious cases of hate crimes and abuse against
the community. From the murder of transgender woman Jennifer Laude by a US Marine on
October 11, 2014 to the illegal detainment of transgender woman Gretchen Diez for entering and
supposedly using the women’s restroom on August 13, 2019, it is evident that the current society
still is not accepting of the LGBTQ+ community.

Such cases have catalyzed discussion and action toward advancing the rights of the LGBTQ. In
fact, workplaces and local governments are starting to establish their respective anti-discrimination
policies. In the local government scene, Quezon City has enacted a gender-fair ordinance on
November 28, 2019. Prohibited acts include discrimination against the LGBTQ¢ in the workplace,
educational institutions, and in delivery of goods, services, and accommodation.

However, it does not end with just private and local initiatives. The LGBTQ+ community in the
Philippines lacks anti-discriminatory legislation and the legal recognition of transgender
individuals available in many other countries. The bill aims to ensure that all people, regardless of
their sexual orientation, gender identity, and gender expression (SOGIE) are able to exercise their
rights to life, education, employment, and expression without fear of reprisal or discrimination.
This bill aims that there will no more be members of the LGBTQ+ deprived of basic rights, such
as the right to work, the right to education, the right to access to health services, facilities, and
establishments, and others, simply because of their SOGIE. Discrimination has been a reality in
the lives of the LGBTQ+. While some might not have been discriminated against, or might not
have felt stigmatized, it does not negate the lived experiences of others who have. Its usefulness
lies in its inclusiveness.



In view of the need to remedy the long-standing discrimination against LGBTQt+ in Philippine
society, the early passage of this bill is earnestly sought in the 18 Congress.

Gabriela Women’s Party

FRANCE(L. (ASTRO SARAH\JANE L ELAGO
ACT Teachers Party! bataah Partylist

Y



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

6294
HOUSE BILL No.

Introduced by
GABRIELA WOMEN’S PARTY Representative ARLENE D. BROSAS,
ACT TEACHERS’ PARTYLIST Representative FRANCE L. CASTRO, and
KABATAAN PARTYLIST Representative SARAH JANE IL. ELAGO’

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

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

SECTION 1.

le. — This Act shall be known as the “SOGIE Equality Act.”

SECTION 2. Declaration of Policy. — The State recognizes the fundamental rights of every
person regardless of sex, age, class, status, ethnicity, color, religious and political beliefs, sexual
orientation, gender identity, and expression, 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.

Towards this end, the State shall exert efforts to address all forms of discrimination,
marginalization, and violence on the basis of sexual orientation, gender identity, and expression,
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,
particularly the General Recommendation No. 28, Convention on the Rights of the Child,
International Covenant on Civil and Political Rights, International Covenant on Economic, Social

4


and Cultural Rights, and all other relevant and universally-accepted human rights instruments and
other conventions to which the Philippines is a signatory.

SECTION 3. Definition of Terms. — As used in this Act:

a.

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. 9344, as amended;

Discrimination refers to any distinction, exclusion, restriction, or preference which is
based on any ground such as sex, sexual orientation, gender identity, and expression,
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.
The actual sex, sexual orientation, gender identity, and expression of the person
subjected to discrimination shall not be relevant for the purpose of determining
whether an act of discrimination has been committed;

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 identifies themselves as
men;

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

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 which is the same as that of
their assigned sex at birth, in which case this person is considered cisgender. A person
‘may have a male or female identity which is opposite to that of their assigned sex at
birth, in which case this person is considered transgender,

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 sexual orientation, gender identity, and
expression;

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;


i. Marginalization refers to a condition where a whole category of people is excluded
from usefull and meaningful participation in political, economic, social, and cultural
life;

i. Sex refers to male, female, or intersex. 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;

k. Sexual Orientation refers to the direction of emotional, sexual attraction, or conduct
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) or to the absence of sexual attraction (asexual orientation); and

14 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.

SECTION 4. 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) Denying access to public services, including military service, to any person on the basis
of sexual orientation, gender identity, and expression;

b) Including sexual orientation, gender identity, and expression, 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,
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 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;

¢) Refusing admission or expelling a person from any educational or training institution on
the basis of sexual orientation, gender identity, and expression, including discriminating
against a student or trainee due to the sexual orientation, gender identity, and expression
of their parents or guardian. Provided, however, that the right of educational and training


d)

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h)

i)

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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 sexual orientation, gender identity, and expression, including discriminating
against a student or trainee due to the sexual orientation, gender identity, and expression
of their parents or guardian;

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 sexual
orientation, gender identity, and expression of their members or of their target
constituencies;

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 sexual orientation, gender identity, and
expression;

Denying an application for or revoking a professional or other similar kind of license,
clearance, certification on, or any other similar document issued by the government due to
the sexual orientation, gender identity, and expression;

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 sexual orientation, gender
identity, and expression. 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 sexual orientation, gender identity, and expression 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 sexual orientation, gender identity, and
expression without the expressed approval of the person involved;

Harassment, coercion, or threats committed by members of institutions involved in the

enforcement of law and the protection of rights of any person on the basis of sexual

orientation, gender identity, and expression. 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 sexual
7


orientation, gender identity, and expression of their members, stockholders, benefactors,
clients, or patrons is likewise covered by this provision;

k) Publishing information intended to "out" or reveal the sex, sexual orientation, gender
identity, and expression of persons without their consent, 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;

1) Engaging in public speech meant to shame, insult, vilify, or which tends to incite or
normalize the commission of discriminatory practices against the LGBT, and which acts
or practices in turn, intimidate them or result in the loss of their self-esteem;

m) Subjecting persons or groups of persons to harassment generally defined as such
unwanted conduct, pattern of conduct, act, or series of acts which tend to annoy, insult,
bully, pie offend, threaten, intimidate, alarm, or create a hostile or emotionally
distressing environment, or put them in fear of their safety; and which behavior is
motivated in whole or in part by the offender's bias, belief, or perception regarding the
offended party's sexual orientation, gender identity, and expression, 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 but not limited to, visual
representation, broadcast communication, correspondence or communication through
mail or any telecommunication device, or through the internet or cyberspace;

n) Subjecting any person 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 sexuality or to assist
in identifying a particular subgroup of people's sexual orientation, gender identity, and
expression;

©) Preventing a child under parental authority, custody, or guardianship from exhibiting or
expressing one’s sexual orientation, gender identity, and expression; or
manifesting rejection of such child's sexual orientation, gender identity, and expression by
inflicting or threatening to inflict bodily or physical harm against the child or by causing
mental or emotional suffering of the child through intimidation, harassment, public
ridicule or humiliation, repeated verbal abuse, or other similar means, or in general,
‘commit any act or omission prejudicial to the welfare and interest of the child as a result
of the bias against the sexual orientation, gender identity, and expression of the child;



p) 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.

SECTION 5. Privacy Rights.—No person shall be burdened, prejudiced, or prosecuted by reason
of the exercise of the right to personal privacy.

SECTION 6. 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 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.

SECTION 7. Penalties. — A 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 (500,000) or
imprisonment of not less than one (1) year but not more than six (6) years or both, at the discretion
of the court, 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, familiarization with, and exposure to the plight of the victims.

If a graver offense motivated by bias, prejudice, or hatred against sexual orientation, gender
identity, and expression is committed, such shall be meted the corresponding maximum
penalties.

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.

SECTION 8. Special Aggravating Circumstance. — A person who commits any of the crimes
in the Revised Penal Code or any special law and who is proven to have committed the same
motivated by bias, prejudice, or hate based on sexual orientation, gender identity, and expression,
shall suffer the maximum penalty imposed by the Code or the relevant special law for such
prohibited act.


SECTION 9. Government Programs and Policies. — The State shall pursue initiatives
and programs that seck 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. It shall ensure the implementation of the following programs:

A. Social Protection Programs - The national government shall ensure that communities
vulnerable to stigma and discrimination on the basis of sexual orientation, gender
identity, and expression are integrated into government-run social protection programs.

B. Diversity Programs and Trainings - All government agencies, including government
owned and controlled corporations, local government units (LGUs), private
companies, public and private education institutions, and other entities shall establish
diversity 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 sexual orientation, gender identity,
and expression 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
redress mechanism to address cases of discrimination and develop administrative
remedies or sanction for such cases.

SECTION 10. Empowering portrayal of LGBT persons in Media. — The positive
and empowering portrayal of the LGBT by media shall be encouraged to counter existing
stereotypes and misconceptions that often lead to discriminatory practices.

SECTION 11. SOGIE Equality Oversight Committee. — For the effective implementation
of this Act, there shall be created a Congressional Oversight Committee, hereinafter referred
to as the SOGIE Equality Oversight Committee, within sixty (60) days after the enactment of
this Act. The SOGIE Equality Oversight Committee 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
of Justice and Human Rights, and the Chairpersons of the House of Representatives
Committees on Women and Gender Equality, and of 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 SOGIE Equality Oversight Committee shall be chaired jointly by the Chairpersons of the

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

Committee on Women and Gender Equality. The position of Vice-Chairperson of the SOGIE

Equality Oversight Committee shall be jointly held by the Chairpersons of the Senate

Committee on Justice and Human Rights and the House Committee on Human Rights.
10


‘The Secretariat of the SOGIE Equality Committee shall come from the Secretariat personnel
of the Senate and the House of Representatives committees concerned.

The SOGIE Equality Oversight Committee shall monitor the compliance of public institutions
to the provisions of this Act. Within three (3) years after the enactment of this Act, the SOGIE
Equality Oversight Committee shall conduct an audit of national and local policies that
discriminate on the basis of sexual orientation, gender identity, and expression, and shall
submit a report to Congress, the Office of the President, and the Supreme Court, on this subject.
The SOGIE Equality Oversight Committee shall cease to exist six (6) years after
its organization.

SECTION 12. Implementing Rules and Regulations. — Within sixty (60) days from
the effectivity of this Act, the Commission on Human Rights (CHR), Department of Justice
(DOD), Civil Service Commission (CSC), Philippine National Police (PNP), Department of
National Defense (DND), National Youth Commission (NYC), Philippine Commission on
Women (PCW), Commission on Population(POPCOM), Department of Labor and
Employment (DOLE), Department of Education (DepEd), Commission on Higher Education
(CHED), Technical Education and Skills Development Authority (TESDA), Department of
Health (DOH), and at least three (3) civil society organizations (CSOs) with proven expertise
and track record on SOGIE concerns, shall promulgate the necessary rules and regulations for
the effective implementation of the provisions of this Act.

SECTION 13. 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 14. Repealing Clause. — All laws, decrees, orders, rules and regulations, or
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

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

Approved,

n