Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2167

HOUSE BILL No.

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T. ZARATE,
FERDINAND R. GAITE and EUFEMIA C. CULLAMAT

AN ACT
DECLARING MAY 17 OF EVERY YEAR AS THE NATIONAL DAY AGAINST
HOMOPHOBIA, BIPHOBIA, TRANSPHOBIA AND OTHER PHOBIAS ON
PERSONS WITH DIVERSE SEXUAL ORIENTATION OR
GENDER INDENTITY OR EXPRESSION (SOGIE)

EXPLANATORY NOTE

Despite modest gains on social and legal rights for lesbians, gays, bisexuals and transgenders
(LGBTs) in the Philippines, much has to be done for them to achieve full legal and social
equality.

While the Philippine Constitution clearly states that “The State values the dignity of every human
person and guarantees full respect for human sights,” people who do not conform to socially
prescribed sexual and gender codes are still the targets of stigma, discrimination and violence.

‘Thousands of LGBTs still suffer the harsh reality of homophobia (fear of homosexuals) and
transphobia (fear of transgenders) in their daily lives. Many are refused employment, the use of
public facilities or health care services, among others, because of their sexual orientation and
gender identity.

Of late, there have been increasing reports of violent crimes perpetrated against LGBTs.
According to Hate Crime Watch, which monitors media reports on rights violations against
LGBT, there have been 54 reported cases of killings against gays and lesbians documented in
media since 1996. But it is the undocumented cases outside media coverage which are estimated
to be much greater.

One of the more infamous of these hate crimes against LGBT was the brutal killing of Jennifer
Laude in October 2014. She was found dead with her head leaning on the rim of the toilet bowl,
half naked. Autopsy reports later indicated that she died of asphyxiation by drowning, US Marine
Joseph Scott Pemberton, who was then on R & R. while their ship was docked in the Subic Bay
Freeport, was found guilty of homicide after a much-publicized trial, which did not only
highlighted the increasing hate crimes against the members of the LGBT community but also
brought out the issue of the onerous Visiting Forces Agreement (VFA).


While laws protecting marginalized sectors such as women, children, migrants, national
minorities, and the elderly have been passed, Congress has yet to pass measures protecting the
rights of LGBT’.

May 17 is known as the International Day Against Homophobia and 'Transphobia or IDAHO in
commemoration of that day in 1990 when the World Health Organization removed
homosexuality from its International Classification of Mental Disorders. Every year on this date,
people all over the world pause and ponder on the high human and social cost of discrimination,
violence and harassment against LGBT all over the world, especially in 80 countries where acts,
speech, works, and other things related to same-sex and same-gender relations are still punished
or fined. In some countries such as Uganda, there is even a pending legislation making
homosexuality punishable by death.

Advocates who defend human rights based on sexual orientation and gender identity in the
Philippines join IDAHO observances around the world with a number of social gatherings and
private activities that contribute to the gradual achievement of equality, acceptance, and freedom
for LGBTs and their familics.

‘This bill acknowledges the reality of homophobia and discrimination and secks to promote
public consciousness about the need to respect the rights of LGBT’s and end the violence, hate
and discrimination heaped on them. It hopes to provide more opportunities to discuss and
search for solutions to the problems confronted by our fellow human beings.

‘The bill was first filed by the Bayan Muna Party-list during the 15" and 16" Congresses as HB
4653 and HB 1843, respectively. It was refiled during the 17" Congress and was approved by the
House on May 20, 2019 as House Bill 9094,

In this light, the passage of this bill is earnestly sought.

Approved,
ep. AEA Beas
Bayan Muna Party-list
Re INAND R. GAITE Rep. — CULLAMAT
Bayan Muna Party-list Bayan Muna Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. zie i

Introduced by BAYAN MUNA Rep. CARLOS ISAGANIT. ZARATE,
FERDINAND R. GAITE and EUFEMIA C. CULLAMAT

AN ACT
DECLARING MAY 17 OF EVERY YEAR AS THE NATIONAL DAY AGAINST
HOMOPHOBIA, BIPHOBIA, TRANSPHOBIA AND OTHER PHOBIAS ON
PERSONS WITH DIVERSE SEXUAL ORIENTATION OR
GENDER INDENTITY OR EXPRESSION (SOGIE)

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 “National Day against Homophobia
and Transphobia Act of 2019.”

SECTION 2, In recognition of the observance of the International Day against Transphobia and
Homophobia which was first commemorated on May 17, 1990 after the World Health
Organization removed homosexuality from its International Classification of Mental Disorders.

SECTION 3. The National Day against Homophobia and Transphobia shall be commemorated
in the Philippines every year as in recognition of the rights of lesbians, gays, bisexuals and
transgenders in the country and the need to end the discrimination, oppression and intolerance
they are faced with in society. -

SECTION 4. All government offices, private institutions, schools, colleges and universities are
hereby encouraged to extend their full support for exercises and activities in the observance,
promotion and protection of LGBT rights.

SECTION 5. Effectivity. 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,