Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Time:__ef
BY:

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

REGISTRATION UNIT
BILLS ANU INDEX SERVICE

HOUSE BILL NO.

Introduced by Honorable Rosenda Ann. M Ocampo

EXPLANATORY

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The Constitution, Article II, Section 11 states:

“Section 11. The State values the dignity of every human person and guarantees
fall respect for human rights.”

Further, Article II, Section 14 mandates:

“Section 14. Section 1. The State recognizes the role of women in nation-
building, and shall ensure fundamental equality before the law of women and men.”

The State guarantees full respect for human rights and every person has the right to equal
protection of the laws, but sexual orientation and gender identity are not explicitly mentioned.
‘The Philippines still lacks an anti-discrimination Law.

Lesbian Gay Bisexual And Transgender (LGBT) persons are targeted with physical and
verbal assaults that affect their economic, cultural, social, health, and other wellbeing. There are
no coordinated and comprehensive state or even non-state mechanisms that monitor the instances
of discrimination, bias, prejudice, and violence that LGBT Filipinos face due to homophobia,
transphobia, and machismo. Circumstantial records show that attackers are sex workers,
strangers, groups of hostile neighbors, family members, and intimate partners and very few have
been positively identified, and even fewer are arrested and made to face the law. Murders and
attempted murders were accomplished by such acts as stabbing, arson, mutilation, strangling,
shooting, and battery

Everyone is entitled to basic healthcare and services according to the Constitution, but
this is not really the case with LGBTs. Medical personnel occasionally exhibit judgmental and



erroneous behaviors during diagnosis and treatment of LGBTs, which discourage beneficial
health-seeking practices among LGBTs.

The Labor Code of the Philippines has no prohibition of both direct and indirect
discrimination except as to gender discrimination against women, and neither sexual orientation
nor gender identity is mentioned. The Commission on Civil Service has rules that include sexual
orientation as a status that can be factored in sexual harassment cases. The Bureau of Jail
Management and Penology has a standing policy barring its lesbian and gay employees from
making body searches of jail visitors of the same genital sex. (The Status Of Lesbian, Gay,
Bisexual And Transgender Rights In The Philippines.

The Philippines Constitution, Article XIII, Section 1, mandates Congress to give the
highest priority to the enactment of measures that protect and enhance the right of all people to
human dignity, reduce social , economic and political inequalities and remove cultural
inequalities.

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

|. OCAMPO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

HOUSE BILL NO. 939

Introduced by Honorable Rosenda Ann. M Ocampo

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

Be it enacted by the Senate and House of Representatives of the Philippines in 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 discriminatory practices based on sex and sexual orientation.
‘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
mean:

a. “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),

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



b. “Gender Identity” — refers the personal sense of identity as characterized, among
others, by manners 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. “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, or 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

a. Deny access to public services, including military service, to any person on the basis
of sexual orientation and/or gender identity.

b. 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.

c. Refuse admission or expel a person from educational institutions on the basis of
sexual orientation and gender identity, without prejudice to the right of educational
institutions to determine the academic qualifications of their students

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

d. 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 constituents

e. Deny a person access to 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 license issued by government due to
the applicant’s sexual orientation or gender identity.

Deny a person on the basis of sexual orientation or gender identity access to or the
use of establishment, facilities, utilities or serves, including housing, that are open to
the general public. There 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
constituents

Subject 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, expect 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. 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 Armed
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 person is
arrested or otherwise placed in the custody of the government institution and
extortion, physical 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

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. — (a) 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 (P250,000.00) but not exceed Five



Hundred Thousand Pesos (P500,00.00) or imprisonment of not less than one (1) year
but not more than six (6) years, or both at the discretion of the court.

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

d. 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. Repeating 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 at least two (2) newspaper of general circulation.

Approved,