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

TWENTIETH CONGRESS
First Regular Session

House Bill No. 216

Introduced by
KABATAAN Party-list Rep. RENEE LOUISE M. CO
and ACT Teachers Party-list Rep. ANTONIO L. TINIO

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

EXPLANATORY NOTE

The State's commitment to upholding the dignity and equality of all persons is
enshrined in the 1987 Constitution and in several international covenants it is a signatory to,
such as the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and
the International Covenant on Civil and Political Rights (ICCPR)

It is declared in the constitution that “the State values the dignity of every human
person and guarantees full respect for human rights” (Article 2, Section 11. 1987
Constitution). It also imposes on the State the duty to ensure the fundamental equality before
the law of women and men (Article 2, Section 14). The equal protection clause in the Bill of
Rights also requires that laws are implemented and applied cqually and uniformly on all
persons under similar circumstances or that all persons must be treated in the same manner,
the conditions not being different, both in the privileges conferred and the liabilities imposed.

The Philippines is also a signatory to international agreements on the respect for
human rights of all persons regardless of any condition, including sex or sexual orientation.
These international agreements have consistently been interpreted by international
institutions, such as the United Nations Human Rights Committee (UNHRC) and the United
Nations Committee on Economic, Social and Cultural Rights (UNCESCR), to include
protection against discrimination on the basis of sexual orientation,

The UNHRC has interpreted Article 26 of the International Covenant on Civil and


Political Rights (ICCPR), which obliges States to “guarantee to all persons equal and
effective protection against discrimination on any ground such us race, color, sex, language,

religion, political or other opinion, national or social origin, property, birth or other status,” to
include a protection against discrimination on the basis of ‘sexual orientation. The
UNCESCR has also interpreted Article 2 of the International Covenant on Economic, Social,
and Cultural Rights (ICESCR) to include sexual orientation in the Covenant’s non-

discrimination provisions.

While the protection of the lesbian, gay, bisexual, transgender, queer, intersex, and
asexual, plus (LGBTQIA+) community is promised on such papers, the Philippines is no
stranger to notorious cases of hate crimes and abuse against the community. From the murder
of transgender woman Jennifer Laude by a US Marine on October 11, 2014 to the illegal
detainment of transgender woman Gretchen Diez for entering and supposedly using the
women's restroom on August 13, 2019, it is evident that the current society is still not
respecting and accepting of the LGBTQIA+ community.

Such cases have catalyzed discussion and action toward advancing the rights of the
members of the LGBTQIA+ community. In fact, workplaces and local governments are
starting to establish their respective anti-discrimination policies, In the local government
scene, Quezon City has enacted a gender-fair ordinance on November 28, 2019. Prohibited
acts include discrimination against the LGBTQIA+ in the workplace, educational institutions,
and in the delivery of goods, services, and accommodations.

However, it does not end with just private and local initiatives. The LGBTQIA+
community in the Philippines lacks anti-discriminatory legislation and the legal recognition
of transgender individuals available in many other countries. The bill aims to ensure that all
people, regardless of their sexual orientation, gender identity. gender expression, ot sex
characteristics (SOGIESC) are able to exercise their rights to life, education, employment,
and expression without fear of reprisal or discrimination. This bill aims to ensure that there
will be no more members of the LGBTQIA+ community deprived of basic rights, such as the
right to work, right to education, right to access health services, facilities, and establishments,
among others on the basis of their SOGTESC. Discrimination has been a reality in the lives of
the LGBTQIA+ community. While some might not have been discriminated against, or
might not have been stigmatized, it does not negate the lived experiences of others who have
been subjected to such.


For the foregoing reasons, the passage of this bill is sought.

Hy A

Rep. RENEE YOUISEM.CO.——— Rep. ANTONIO L. TINIO
KABATAAN Party-List ACT Teachers Party-List


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

TWENTIETH CONGRESS
First Regular Session

216

House Bill No.

Introduced by
KABATAAN Party-list Rep. RENEE LOUISE M. CO
and ACT Teachers Party-list Rep. ANTONIO L. TINIO

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

Be it enacted by the Senate and 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 age, class, status, ethnicity, color, disability, religious and political
beliefs, and Sexual Orientation, Gender Identity, Gender Expression, or Sex Characteristics
(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 or a part of.

In the enforcement of this Act, the free exercise and enjoyment of religious freedom and of
the fundamental rights of parents in the upbringing of their children in accordance with their
religious convictions shall be given all due respect. In all matters, the best interest of children
shall be paramount.


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

a. Asexual - refers to a person who does not experience attraction or experiences markedly
reduced attraction toward individuals of any gender;

b. 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;

. Child - refers to a person below eighteen (18) years of age, or who is older than 18 years of
age but incapable of taking care of oneself as defined under Republic Act No. 7610, as
amended;

d. Discrimination - refers to any distinction, exclusion, restriction, or preference which is
based on any ground such as 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 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 when an apparently neutral condition or
requirement is imposed, which has the effect of putting a person of diverse SOGIESC at a
disadvantage, and which is not reasonable in the circumstances.

©. Gay - refers to a person who either identifies oneself 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
gender identity, which is usually based on one’s sex assigned at birth;

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

h. Gender Identity - refers to a person’s innermost concept of sclf as man, woman, or another
non-binary identity which may or may not correspond with their sex or gender assigned at
birth;

i, 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 for
their safety;

j. 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 offenders bias against people with diverse SOGIESC;


k. 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;

1. Lesbian - refers to a person who identifies oneself as a woman and whose
enduring physical, romantic, and/or emotional attractions are 10 people who also identify
themselves as women;

m. LGBTQIA+ community refers to the collective of persons who are Lesbian, Gay, Bisexual,
‘Transgender/Transsexual, Queer/Questioning, Intersex, Asexual/Allies, Non-
Binary/Genderqueer and other persons of diverse SOGIESC;

n, Marginalization - refers to a condition where a whole category of people is excluded from
usefull and meaningful participation in political, economic, social, and cultural life;

0. People with diverse SOGIESC - refer to the collective of persons who are gay, lesbian,
bisexual, transgender, queer, asexual, or intersex, persons who fall under cultural non-binary
categories, and/or persons whose lives convey distinct cultural experiences of gender and
sexuality such as bakla, bading, bayot, tomboy, tibo.

p. Profiling - refers to subjecting a person or group of persons to investigatory activities,
which include unnecessary, unjustified, illegal and degrading searches, or other investigatory
activities, in determining whether an individual is engaged in an activity presumed to be
unlawful, immoral or socially unacceptable;

q. 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 people with 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;

s. Sex characteristics - refer to a person’s physical traits that indicate their biological sex,
such as chromosomes, external genitalia, gonads, hormones, and intemal reproductive
organs. Traits present at birth are called primary sex characteristics, whereas those that
develop during puberty are called secondary sex characteristics. This is distinct from scx,
which is a civil status of a person acquired by birth.

t. 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 genders (heterosexual
oricntation) or to the reduced or absent attraction towards any gender (asexual attraction);

u. 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;

v. Transgender person - refers to a person whose gender identity does not align with the sex
or gender assigned to them at birth, frequently abbreviated to “trans”; and


‘w. Queer - a term used to express a variety of identities that do not align with mainstream,
heteronormative, and/or binary assumptions.

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, disabled, 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 or
compounded by other grounds and factors such as age, racial or ethnic origin, religious belief
or activity, political inclination or conviction, social class, marital or relationship status,
disability, human immunodeficiency virus (HIV) status, health status or medical history,
language, physical features, or other status shall be considered a discriminatory practice

SECTION 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, sexual abuse, and discrimination against any person or group on the basis of
SOGIESC:

b. Denying access to public services to any person on the basis of SOGIESC;

c. 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, associations or
organizations with LGBTQIA+ members or of associations or organizations advocating
LGBTQIA+ rights;

4. Refusing admission or expelling a person from any educational or training institution, such
as police and military academies or training institutions, on the basis of SOGIESC. This
includes discriminating against a student or trainee due to the SOGIESC of the student’s
parents or guardian, court-appointed or otherwise: Provided however, That the right of
educational and training institutions to determine the academic qualifications of their students
or trainees shall be duly upheld;

¢. Imposing disciplinary sanctions, requirements, restrictions. prohibitions, or penalties
harsher than customary or similar punishments, as a result of bias or prejudice on the basis of
SOGIESC that infringe on the rights of the students, including discriminating against a
student or trainee due to the SOGIESC of the student’s parents or guardian, court-appointed
or otherwise;


f. 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 such as dissolving existing organizations or
refusing or revoking the accreditation, formal recognition, registration or establishment of
any organization, group, political party, institution, or establishment in educational
institutions, workplaces, communities, and other settings, on the basis of the SOGIESC of
their members or of their target constituencies, whether explicit or otherwise;

g. Denying a person access to public or private medical and health services open to the
general public on the basis of such person's SOGIESC, as well as access to public and private
health insurance, including health maintenance organizations, on the basis of SOGIESC;

h. Denying an application for or revoking a professional or other similar kinds of license,
clearance, certification, or any other similar document, issued by the government due to the
applicant's SOGIESC;

i. 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 establishments will make available their
existing toilets with facilities designated for persons with disabilities also as gender neutral
toilets: Provided finally, 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;

j. 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. Provided, That in cases where the person involved is a minor and below the age of
discernment and who agrees to undertake the examination, prior approval of the appropriate
Family Court shall be required. In this case, the child shall be represented in the proceedings
by the Solicitor General or the latter's authorized representative. In no case shall a minor be
forced to undertake said examination against their will and consent.

k. Harassment, coercion, or threats committed on the basis of one’s SOGIESC by those
involved in the enforcement of laws, 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;

\. 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 concemed and has been made with malicious intent or is primarily motivated by a
desire for commercial profit;

m. Engaging in public speech meant to shame, insult, vilify, or which tends to incite or
normalize the commission of discriminatory practices against People with Diverse


SOGIESC, and which acts or practices in turn, intimidate them or result in the loss of their
self-esteem;

1, 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;

©. Subjecting any person, natural ot juridical, to gender profiling or to any investigatory
activities, which includes (1) unnecessary, unjustified, illegal, or degrading searches to
determine whether they are engaged in an activity presumed to be unlawful, immoral, or
socially unacceptable; and (2) recording and analyzing the psychological and behavioral
characteristics of a person or members or constituents of a juridical person to make
generalizations about their 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
appointed or otherwise, from exhibiting or expressing one’s SOGIESC; 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;

4g. 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 people with 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 acts may include,
among others, social services or assistance programs extended only to families traditionally
consisting of heterosexual couples, whether de facto or legally recognized, to the exclusion of
couples of diverse SOGIESC; and

+. 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.

SECTION 6. Privacy Rights. - No person shall be burdened, prejudiced, or prosecuted by
reason of the exercise of the right to personal privacy.

SECTION 7. Administrative Sanctions. - Refusal of a government official or employee or
those involved in the enforcement of law whose duty is to implement any part of this Act, to
investigate, prosecute, comply with the directive of the Commission on Human Rights
(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.

SECTION 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, lim, 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.

SECTION 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.

SECTION 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 People with Diverse SOGIESC Protection Desk, which shall also act on and
attend to complaints/eases 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 people with 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 goverment 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 by the Head of Agency shall be a ground for the imposition of an
adininistrative fine as may be prescribed by the CSC.

C. 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 or employee

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.

SECTION 11. Government Programs and Policies. - The State shall pursue initiatives and
programs that seck 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 people with 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.

¢. Information and Education Campaign (IEC). - All 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 educational campaign materials on gender and human rights

SECTION 12. Empowering Portrayal of people with diverse SOGIESC in Media. - The
State shall provide appropriate measures to ensure that media shall undertake positive and
empowering portrayal of people with diverse SOGIESC to counter existing stereotypes and
misconceptions that often lead to discriminatory practices. Towards this end, incentive and
award scheme shall be provided to programs that defend the human rights of people with
diverse SOGIESC and contribute to their empowerment, pursuant to Sec. 1 of this act

SECTION 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 shall 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.
Thereafter, the Council shall submit to Congress an annual report on the implementation of
this Act.

SECTION 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);

B) Department of Justice (DOJ);

C) Civil Service Commission (CSC);

D) Philippine National Police (PNP);

E) Department of Information and Communications Technology (DICT);
F) National Youth Commission (NYC);

G) Philippine Commission on Women (PCW);

H) Commission on Population and Development (CPD);

1) Department of Labor And Employment (DOLE);

J) Department of Education (DepEd);

K) Commission on Higher Education (CHED);

L) Technical Education and Skills Development Authority (TESDA);
M) Philippine Statistics Authority (PSA);

N) Department of Health (DOH);

(O) Department of Social Welfare and Development (DSWD);

(P) Department of the Interior and Local Government (DILG); and

©) At least three (3) representatives from civil society organizations (CSOS) with proven
expertise and track record on SOGIESC concerns.

‘The Chairperson 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 selected based on proven expertise and track
record on SOGIESC concems, subject to the implementing rules and regulations (IRR) of
this act, 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 Chairperson 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.

SECTION 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 nondiscrimination laws or
issuances, and/or filing of appropriate action against erring persons;

¢. 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 people with diverse
SOGIESC and recommend possible legislation to address gaps in existing laws.

SECTION 16, Secretariat to the Council. - The CHR shall determine the additional positions
required for the purpose consisting of personnel with the necessary technical expertise and
capacity in accordance with the Revised Compensation and Position Classification System
subject to the evaluation and approval of the Department of Budget and Management and in
accordance with the civil service laws, rules and regulations.

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.

SECTION 17. Appropriations. - The amounts necessary for the implementation of this Act
shall be included in the annual General Appropriations Act (GAA). The 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 National Tax Allotments (NTAs) for local development
projects as provided under Section 287 of Republic Act No. 7160, otherwise known as the
“Local Government Code Of 1991".

SECTION 18. Implementing Rules and Regulations. — Within sixty (60) days from the
effectivity of this Act, the CHR, DOJ, CSC, PNP, NYC, PCW, CPD, DOLE, DepEd, CHED,
TESDA, DOH, DSWD, DILG, and at least three (3) CSOs with proven expertise and track
record on SOGIESC concerns, shall promulgate the necessary rules and regulations for the
effective implementation of the provisions of this Act.

SECTION 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.

SECTION 20. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed or modified accordingly

SECTION 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,