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

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 7754

Introduced by
Representative ALYSSA SHEENA TAN

EXPLANATORY NOTE

As enshrined in the 1987 Constitution, the State values the dignity of
every human person and guarantees full respect for human rights. The State
also recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men. The Bill of Rights
further provides that no person shall be denied the equal protection of the
laws. However, injustice in the form of crimes, discrimination and lack of
opportunity towards persons based on their sexual orientation, gender
identity or sex characteristics continue to exist in our country today.

In the year 2000, the SOGIE Equality Bill was introduced by the late
Senator Miriam Defensor Santiago and former Akbayan representative
Loretta Rosales during the 11" Congress in order to recognize the rights of the
LGBTQ+ community and afford them the proper protection from abuse and
violence. Two decades later, we are still fighting for the same cause despite
our country’s commitment to various international human rights instruments
to safeguard the dignity and rights of all persons.

This bill is a crucial step in educating the public on gender equality and
its impact on the lives of many Filipinos who are persons of diverse
SOGIESC. It seeks to promote diversity and inclusivity in our society by
institutionalizing protective measures to uphold the fundamental rights of all
Persons regardless of their sexual orientation, gender identity or sex
characteristics.

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



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

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. eS

_—_-

Introduced by
Representative ALYSSA SHEENA TAN.

ee

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

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

SECTION 1. Short Title. - This Act shall be known as the “SOGIESC Equality
Act”.

SECTION 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.

Towards 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 on Human Rights, the Convention on the Elimination of All
Forms of Discrimination Against Women, 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.

SECTION 3. Definition of Terms. - As used in this Act, the following terms
shall be defined as follows:

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;

b. 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;

©. Discrimination refers to any 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 circumstances on the
ground of their 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.

d. 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 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;

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


m.

; 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;

. 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;

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;

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;

. 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;

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;

Persons of diverse SOGIESC refer to the collective of persons who are
man and woman homosexuals (gays and lesbians, respectively),
bisexual, transgender, and intersex, among others;

. Reasonable accommodation means necessary and appropriate

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

. 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;

.. 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 characteristic, whereas those that develop during
puberty are called secondary sex characteristics;

4. 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 different gender (heterosexual
orientation) or to the absence of sexual orientation (asexual attraction);

r. 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; and

8. Transgender refers to a person whose gender identity does not align
with the sex or gender assigned at birth, frequently abbreviated to
"Trans":

SECTION 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, differently abled, of different ethnic
background, or cultural background, and of various religious belief.

For this purpose, discrimination on the grounds of a person’s SOGIESC
intersecting for 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;

¢. Including SOGIESC, as well as the DISCLOSURE OF ONE'S SOGIESC,
in the criteria for hiring, promotion, transfer, designation, work
assignment, reassignment, 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 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;

|. Refusing admission or expelling a person from any educational or
training institution, including police and military academies or training
institutions, 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

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;

; 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;

. Denying an application for or revoking a professional or other similar

kind of license, clearance, certification, or any other similar document,
issued by the government due to the applicant's SOGIESC;
- 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 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 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 in which case prior approval of the appropriate Family
Court shall be required. In the latter case, the child shall be represented
in the proceedings by the Solicitor General or the latter's authorized
representative;



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;

m. Engaging in public speech 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 but not limited to, visual representation, broadcast
communication, correspondence or communication through mail or
any telecommunication device, or through the internet or cyberspace;

0. Subjecting any person, natural or juridical, to gender profiling or to
any investigatory activities, which includes (1) unnecessary,
unjustified, illegal, or degrading searches to determine whether an
individual is engaged in an activity presumed to be unlawful, immoral,
or socially unacceptable; and (2) 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 sexual orientation or gender identity; 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 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 SOGIESC of the child; and;

4. 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

r. 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.

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 it is to
implement any part of this act, investigate, prosecute, COMPLY WITH THE
DIRECTIVE OF THE 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 discriminatory practice
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, 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, trust, firm,
partnership, association or other entities, the penalty shall be imposed upon
the guilty officials, officers, or employees without prejudice to the civil
liabilities of the entity arising from the criminal offense.


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 SOGIE-related cases.

a. Inclusion of SOGIE 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 - In appropriate cases, the Civil
Service Commission (CSC) shall, by regulation, require government
establishments, including government-owned and controlled
corporations and financial institutions to establish a grievance
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 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 - In appropriate
cases, the Department of Labor and Employment (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.

d. 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 legal 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.

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 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. Towards 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 (SPP). - The national government shall ensure
that communities vulnerable to stigma and discrimination on the basis


of SOGIESC are integrated into government-run social protection
programs.

B. Diversity and Inclusion Programs and Trainings (DIPT). - All government
agencies, including government-owned and controlled corporations,
local government units (LGUs), private companies, public and private
educational 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 redress
mechanism to address cases of discrimination and develop
administrative remedies or sanctions for such cases.

C. Information and Education Campaign (IEC). - AU government agencies
and instrumentalities are mandated to develop and implement
SOGIESC specific gender sensitivity education and information
dissemination. 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 positive and empowering portrayal of PERSONS OF DIVERSE
SOGIESC by media shall be encouraged to counter existing stereotypes and
misconceptions that often lead to discriminatory practices. Towards this end,
incentive and award SCHEME shalll 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 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 CHAIR of the Senate Committees on Women, Children, Family Relations
and Gender Equality, and of Justice and Human Rights, and the CHAIR 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 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 Women and Gender Equality. The position of VICE-CHAIR of
the SECOC shalll 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 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 SOGIESC, and shall submit a report to Congress,
the Office of the President, and the Supreme Court, on this subject.

The SECOC shalll cease to exist TEN 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. COMMISSION ON HUMAN RIGHTS (CHR);
DEPARTMENT OF JUSTICE (DO});
CIVIL SERVICE COMMISSION (CSC);
. PHILIPPINE NATIONAL POLICE (PNP);
DEPARTMENT OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY (DICT);
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);
M. DEPARTMENT OF HEALTH (DOH);
N. DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
(DSWD); AND
O. AT LEAST THREE (3) REPRESENTATIVES FROM CIVIL SOCIETY
ORGANIZATIONS (CSOs) WITH PROVEN EXPERTISE AND TRACK
RECORD ON SOGIESC CONCERNS.

-rO™ mono

Bn

The Chair of the CHR shall be the permanent Chair of the Council, and the
Secretary of Justice as its permanent Vice-Chair. The Council members may
designate their permanent representative who shall have a rank not lower
than an Assistant Secretary or its equivalent, and shall 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 identified by the government
agency representatives of the council. the representatives of the CSOs shall
serve for a term of three (3) years renewable at the discretion of the chair
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 Chair
or the Vice-Chair of the Council, and at least ten (10) other representatives of
the Council members shall constitute a quorum to do business, and a majority
vote 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;

B. Provide overall direction to the DIPTs, and IECs of the national
government, and guidance and technical assistance to agencies in
the implementation of the DIPTs, IECs, and SPPS in their respective
agencies;

C. 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 GOCCs, SUCs and
LGUs, undertake appropriate measures, subject to existing laws,
rules and issuances, relative to the violation of non-discrimination
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;

F. enlist the support and assistance of other government agencies and
instrumentalities in the attainment of the objectives of sec. 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 persons of diverse SOGIESC and
recommend possible legislation to address gaps in existing laws.

SEC. 16. Secretariat to the Council. - The Commission on Human Rights shall
establish the necessary Secretariat for the Council consisting of personnel
with the necessary technical expertise and capacity that shall be conferred
permanent appointments, subject to civil service rules and regulations. The


Secretariat shall be headed by an executive director who shall be under the
direct supervision of the Chair of the Council.

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;
C. 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,

fm

SEC 17. APPROPRIATIONS. - Such amounts as may be necessary for the
implementation of this Act shall be indicated under the annual General
Appropriations Act (GAA). National and local government agencies shall be
authorized to utilize their mandatory gender and development (GAD)
budget.

In addition, LGUs may also use their mandatory twenty percent (20%)
allocation of the annual internal revenue allotments for local development
Projects as provided under section 287 of Republic Act no. 7160, otherwise
known as the "Local Government Code of 1991",

SEC. 18. Implementing Rules and Regulations. - Within sixty (60) days from
the effectivity of this Act, the COUNCIL shall promulgate the necessary rules
and regulations for the effective implementation of the provisions of this Act.
‘Thereafter, this act shall be fully implemented with or without the IRR.

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,