THIRTEENTH CONGRESS OF THE REPUBLIC ) 
First Regular Session 
OF THE PHILIPPINES 
1 
‘04 AUG 23 P3:21 
Introduced by Senator Revilla, Jr. 
EXPLANATORY NOTE 
Discrimination in any form is reprehensive and repugnant to the basic law of our 
land as well as prevailing international conventions and agreements. In this modern age, 
every sovereign State and its citizenry must see to it that respect for the human rights of 
all persons regardless of sex, status, race, religion or creed must always be upheld. 
On one hand, the 1987 Constitution declares that the State values the dignity of 
every human person and guarantees full respect for human rights (Article 11, Section 11). 
Moreover, the Constitution imposes on the State the duty to ensure the fundamental 
equality before law of women and men (Article 11, Section 14). 
On the other hand, the right to freedom from discrimination is affirmed by the 
Universal Declaration of Human Rights (UDHR) in its Articles 2 and 7, and by the 
International Covenant on Civil and Political Rights (ICCPR) in its Articles 2 and 26. 
The United Nations Human Rights Committee, in the 1994 case of Toonen 11s. 
Australia, held that ICCPR protections against discrimination should be interpreted to bar 
discrimination based on sexual orientation. 
The Philippines ratified the ICCPR in 1986. The UDHR is considered part of 
customary international law and is binding on all member states of the United Nations. 
As a responsible member of the U.N. and pursuant to the dictates of our Constitution, 
Congress must provide a strong mechanism to safeguard against discrimination on the 
basis of sexual orientation in the Philippines. 
Everyone must be deeply concerned about ending discrimination toward lesbians, 
gays, bisexuals, and transgenders throughout Filipino society. It is now time to heed the 
call for the passage of a law that provides comprehensive protections against 
discrimination on the basis of sexual orientation and gender identity in employment, 
education, as well as medical and public facilities, among other realms. 
The goal of human and civil rights measures is to protect all persons equally, 
without distinction or discrimination. This bill, in enshrining protections against abuse 
and discrimination on the basis of sexual orientation and gender identity, advances the 
promise of the universality of rights. These are not claims to “new rights” or to “special 
rights”, but rather extend protections for human dignity to include the most vulnerable 
groups in society, and to publicize and prevent the least visible and most easily concealed 
violations. 


By making this bill into law, the Philippines would join the rapidly growing ranks 
of countries around the world - including South Africa, Fiji, Brazil, Ecuador, the 
Netherlands, Israel, and Costa Rica -that recognize the importance of national-level anti- 
discrimination legislation in the hlfillment of international human rights standards. 
Indeed, within an atmosphere of stigma, discrimination, and lack of social acceptance 
toward any social group, enshrining protection in law is essential not only as a deterrent 
to discrimination and statement of values, but also educational in itself. 
A law criminalizing discrimination will ensure job security, equal opportunities 
for employment and equal access to education, public utilities and government services 
for aZZ Filipinos. Hence, immediate passage ofthis bill is earnestly urged. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
First Regular Session 
OF THE PHILIPPINES 
1 
’04 
NIL 23 P3 2 1  
t?t-‘c:fl\iEr,iP E.‘;‘ __- 
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P 
S E N A T E  
Senate Bill No. 2
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Introduced by Senator Revilla, Jr. 
AN ACT 
PROHIBITING 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 Congress 
assem bled: 
SECTION 1. Title. - This Act shall be known and cited as the “Anti-Gender 
Discrimination Act.” 
SEC. 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 
or sexual orientation. Towards this end, discriminatory practices as defined herein shall 
be proscribed and penalized. 
SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall 
be defined as follows: 
(a) “Sexual Orientation” refers to the direction of emotional and/ or 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 se (heterosexual orientation). 
(b) “Gender Identity” refers to 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 any person of equal footing of all rights and freedoms. 
SEC. 4. Dzscrimznatorypractices. - It shall he unlawful for any person, natural or 
juridical, to: 
(a) Deny access to public service, including military service, to any person on the 
basis of sexual orientation and/or gender identity. 


(h) 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. 
This prohibition on the basis of sexual orientation and gender identity shall 
also include the contracting and engaging of services by juridical persons. 
(c) Refise admission or expel a person from educational institutions on the basis 
of sexual orientation and gender identity, without prejudice to the rights 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 one’s sexual orientation or gender identity; (ii) penalties 
harsher than what is customary primarily due to one’s sexual orientation and 
gender identity; or (iii) similar punishments and prohibitions. 
(d) Refise or revoke the accreditation, formal recognition, and/or registration of 
any organization, group, institution or establishment, in educational 
institutions, workplaces, communities, and similar settings, solely on the basis 
of the sexual orientation or gender identity of their numbers and leaders or of 
their target constituencies. 
This prohibition shall also include the prevention of and prohibition on 
attempts to organize. 
(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. 
(f) Deny an application for or revoke a professional license issued by the 
government due to the applicant’s sexual orientation or gender identity. 
(g) Deny a person access to or the use of establishment, facilities, utilities or 
service, including housing, open to the general public on the basis of sexual 
orientation or gender identity. There is a denial when a person is given inferior 
accommodations or service that what is normal. 
This prohibition includes the discrimination by juridical persons solely on the 
basis of the sexual orientation or gender identity of their members and leaders 
or of their target constituencies. 
(h) Deny an application for a license, clearance, certification or any other 
document issued by government authorities or other entities, on the basis of 
the applicant’s sexual orientation or gender identity, as provided by existing 
laws. 
(i) Subject or force any person to 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 in a minor under 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 proceeding by the Solicitor General 
or the latter’s authorized representative. 
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(j) Harassment by members of institutions involved in the enforcement of law 
and the protection of rights, such as the Philippine National Police, the Armed 
Forces of the Philippines, of any person on the basis of his or her sexual 
orientation or gender identity. Among other cases, harassment occurs when a 
person is arrested or otherwise placed in custody and extortion, physical or 
verbal abuse takes place, regardless of whether such arrest has legal or factual 
basis. Harassment by juridical persons on the basis of sexual orientation or 
gender identity of their members, officers, stockholders, benefactors, clients, 
or patrons is likewise covered by this provision. 
(k) Other similar and analogous circumstances. 
SEC. 5. Administrative Sanctions. - Rehsal 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 penalties, as provided for by civil service 
laws, rules and regulations. 
SEC. 6. Penalties. - (a) Persons found guilty of any of the discriminatory 
practices enumerated in the preceding provisions shall be penalized with a fine of not less 
than One Hundred Thousand Pesos (P-lO0,OOO.OO) but shall not exceed Five Hundred 
Thousahd Pesos (P500,OOO.OO) or imprisonment of not less than four (4) years but not 
more than six (6) years, or both, at the discretion of the court. 
(b) The oficials directly involved in any act of discrimination as enumerated in 
the preceding provisions shall be liable for violations committed by corporations, 
organizations, or similar juridical entities. 
SEC. 7. Separabdzty 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. 8. Repealing Clause. - All laws, decrees, orders, rules and regulations or 
parts thereof inconsistent with this Act are hereby repealed or modified accordingly. 
SEC. 9. Eflectzvity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved. 
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