NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES.

H.B.No,_ 3202 _

Introduced by Representative Ralph G, Recto

AN ACT

ESTABLISHING HELP AND PROTECTION DESKS FOR LESBIAN, GAY,
BISEXUAL, TRANSGENDER, QUEER, INTERSEXUAL, ASEXUAL, AND
INDIVIDUALS OF VARIOUS SEXUAL AND GENDER ORIENTATIONS
(LGBTQIA*) IN ALL PHILIPPINE NATIONAL POLICE STATIONS, AMENDING
FOR THE PURPOSE TITLE VII OF REPUBLIC ACT NUMBER 8551, AS
AMENDED, OTHERWISE KNOWN AS THE “PHILIPPINE NATIONAL POLICE
REFORM AND REORGANIZATION ACT OF 1998,” AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

Section 11 Article II of the 1987 Constitution mandates the State to value the
dignity of every human person and guarantee full respect for human rights. Such
commitment to human rights has been upheld by the Philippine Government through
signing and acceding to a number of significant international treaties concerning

human rights.

Despite this commitment, however, the Philippines has yet to affirm the rights
of Lesbian, Gay, Bisexual, Transgender, Queer, Intersexual, Asexual, and Individuals
of Various Sexual and Gender Orientations (LGBTQIA*) or guarantee the protection of
LGBTQIA* from discrimination and violence on the account of gender identity and
expression. The Philippines did not express support for the United Nations Human
Rights Council joint statements made in December 2006 and March 2011 which called
on States to take steps to end acts of violence, cririinal sanctions and related human
rights violations committed against individuals because of their sexual orientation or

gender identity, among others.


Back home, many LGBTQIA‘s become moving targets for discrimination and
violence that affect their economic, social and physiological well-being, In spite of this
reality, there is an absence of government mechanism or intervention directed to
monitor, let alone address, the incidence of discrimination, prejudice and even violence
against the Filipino LGBTQIA" community, Because of this, many LGBTQIA' victims
opt not to report the incident for fear of further harassment, humiliation, prejudicial
treatment, or more violent reprisal.

The Philippines should not condone an environment where the LGBTQIA*
community is treated, as former US Secretary of State Hillary Clinton described, “with
contempt and violence by their fellow citizens while authorities empowered to protect

them look the other way ot, too often, even join in the abuse.”

This bill seeks to correct this onerous predicament by establishing LGBTQIA*
help and protection desks in all Philippine National Police (PNP) stations. These
dedicated desks shall act on all cases involving crimes against chastity, sexual
harassment, and abuses committed against LGBTQIA* individuals in the Philippines.
To complement this help desk, the PNP is tasked to ensure the gender neutrality of
its human resource processes, from the recruitment and selection to the promotion
and deployment of police officers. Ultimately, this bill seeks to create a police
organization that is able and eager to respond to any criminal or emergency incident,
regardless of the gender orientation of the people involved.

In view of the foregoing, the swift passage of the proposed measure is

earnestly sought.

sad


NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

4.8.No, 3902

Introduced by Representative Ralph G. Recto

AN ACT

ESTABLISHING HELP AND PROTECTION DESKS FOR LESBIAN, GAY,
BISEXUAL, TRANSGENDER, QUEER, INTERSEXUAL, ASEXUAL, AND
INDIVIDUALS OF VARIOUS SEXUAL AND GENDER ORIENTATIONS
(LGBTQIA+) IN ALL PHILIPPINE NATIONAL POLICE STATIONS, AMENDING
FOR THE PURPOSE TITLE VII OF REPUBLIC ACT NUMBER 8551, AS
AMENDED, OTHERWISE KNOWN AS THE “PHILIPPINE NATIONAL POLICE
REFORM AND REORGANIZATION ACT OF 1998,” AND FOR OTHER
PURPOSES

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

Section 1. Title VII of Republic Act No. 8551, as amended, is hereby further
amended to read as follows:

“Title VIL

“CREATION OF WOMEN'S AND LESBIAN, GAY, BISEXUAL,

TRANSGENDER, QUEER, INTERSEXUAL, ASEXUAL, AND

INDIVIDUALS OF VARIOUS SEXUAL AND GENDER

ORIENTATIONS (LGBTQIA*) HELP AND PROTECTION DESKS IN

ALL POLICE STATIONS AND THE FORMULATION OF A GENDER

SENSITIVITY PROGRAM”

Sec. 2. Section 57 of Republic Act No, 8551, as amended, is hereby further
amended to read as follows:

"Sec. 57. Creation and Functions. - The PNP shall establish
women's AND LESBIAN, GAY, BISEXUAL, TRANSGENDER,
QUEER, INTERSEXUAL, ASEXUAL, AND INDIVIDUALS OF


1 VARIOUS SEXUAL AND GENDER ORIENTATIONS (LGBTQIA*)

2 HELP AND PROTECTION desks in all police stations throughout the
3 country to administer and attend to cases involving crimes against

4 chastity, sexual harassment, abuses committed against women, [and]

5 children AND LGBTQIA* and other similar offenses: Provided, That

6 municipalities and cities presently without policewomen will have two

7 (2) years upon the effectivity of this Act within which to comply with

8 the requirement of this provision.”

9 Sec. 3. Section 58 of Republic Act No. 8551, as amended, is hereby further

\0 amended to read as follows:
u "Sec. 58. Prioritization of Women for Recruitment. ~ Within the
next five (5) years, the PNP shall prioritize the recruitment and training
3 of women who shall serve in the women's desk, Pursuant to this

4 requirement, the PNP shall reserve ten percent (10%) of its annual
Is recruitment, training, and education quota for women: PROVIDED,
16 THAT NOTHING IN THIS TITLE SHALL BE CONSTRUED AS A
7 RESTRICTION FROM RECRUITING LGBTQIA* INTO THE PNP
Is REGULAR FORCE, EITHER THROUGH REGULAR RECRUITMENT
9 OR LATERAL ENTRY PROGRAM.”
20 Sec. 4. Section 61 of Republic Act No, 8551, as amended, is hereby further
21 amended to read as follows:
2 “Sec. 61. Non-prohibition for Promotion. - Nothing in this title
shall be construed as a restriction on the assignment of policewomen
M AND LGBTQIA* POLICE OFFICERS to other positions in the PNP
25 nor shall any provision{s] of this title be used for the non-promotion
% of a PNP female OR LGBTQIA* personnel to higher position.”
7 Sec, 5. Implementing Rules and Regulations. ~ Within thirty (30) days from the

28 effectivity of this Act, National Police Commission shall, in coordination with the
29 Philippine National Police and the Department of the Interior and Local Government,

0 promulgate rules and regulations for the effective implementation of this Act.


Sec. 6. Separability Clause. ~ If any provision, section or part of this Act shall
be declared unconstitutional or invalid, such judgment shall not affect, invalidate or
impair any other provisions, sections or parts hereof.

Sec. 7. Repealing Clause. - All laws, decrees, orders, rules and regulations
which are inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly.

Sec. 8, Effectivity. — This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation or in the Official
Gazette.

Approved,