18th Congress of the Republic of the Philippines

1st Regular Session

House Bill # 689
A Bill For An Entitled: MAGNA CARTA OF DAY CARE WORKERS AND PROVIDES
FUNDING OR AN ACT.
PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION AND
GENDER IDENTITY OR EXPRESSION (SOGIE) AND PROVIDING PENALTIES
THEREFORE.
In the House of Representatives
DECEMBER 2, 2024

Introduced by: FLORIE ROSE A. AGGALUT

STEFANIE JEAN M. LAURIAN

EXPLANATORY NOTE

According to Alliance (2019) for the Family wholeheartedly agrees that the State must respect its
constitutional obligation not to deny individuals equal protection of the laws, as guaranteed
under Section 1, Article III of the Constitution. The discrimination sought to be avoided by the
Constitution encompasses all discriminatory practices based on unreasonable classifications.
The SOGIE Equality Bill, however, does not protect equality before the law, but undermines
freedom by creating special privileges based on sexual orientation and gender identity or
expression. The bill is intended to prevent unjust discrimination by imposing legal sanctions
against those who engage in it, yet Chapter 2 of the Civil Code of the Philippines provides
sanctions against the same behaviors which the Section for Discriminatory Practices of the
proposed law seeks to eliminate.[1] Chapter 2 of the Civil Code of the Philippines does so for all
victims of such behaviors by authorizing civil actions for damages, including moral damages,
and even allowing for exemplary damages. On the other hand, the SOGIE Equality Bill
sanctions the same behaviors with the same redress, but also imposes severe criminal penalties,
including hefty fines and jail. However, it applies these criminal penalties only to persons
victimized on the basis of sexual orientation or gender identity or expression. Section 9a of S.B.
Nos. 159 and 689 & Section 8 of S.B. No. 412 even mandate the inclusion of SOGIE concerns in
all police stations, without providing any justification. As a result, special status is afforded to
some persons seeking redress for harm suffered, while it is denied to others, such as those
victimized because of disability, appearance, economic condition, language, religion, etc. This
creation of two types of victims is invidious, and history indicates that it is dangerous to public
order.
In addition, the proposed law is unwise and cannot be implemented fairly. Rather than
eliminating unfair discrimination, it will create additional instances because it encompasses
concepts that are not suitable for legislating.
Resolve. by the Republic of the Philippines, that the following article is proposed as democratic
law under the jurisdiction of the Republic of the Philippines, enforceable by executive action.

Section 1: Short Title

– This Act shall be known as the “Anti-Discrimination Act”.

Section 2: Declaration Policy

– The State acknowledges each person's fundamental right to individual, irrespective of gender,
age, social class, status, race, color, disability, religion, and sexual orientation, gender identity, or
political views, to be free from any kind of prejudice. As a result, it will work harder to carry out
its obligations under international and domestic laws to uphold, defend, and realize each person's
rights and dignity. The State will work to combat all types of discrimination in order to achieve
this goal. and abuse of sexual orientation or gender identity, as well as to uphold human dignity
as guaranteed by the Convention on the Elimination of All Forms of Discrimination Against
Women, the United Nations Universal Declaration on Human Rights, and in particular General
Recommendation No. 28 on Nondiscrimination Based on Sexual Orientation and Gender
Identity, The International Covenant on Civil and Political Rights, the Convention on the Rights
of the Child, the International Covenant on Economic, social, and cultural rights, as well as any
other pertinent and widely recognized instruments pertaining to human rights and other
international agreements that the Philippines is a signatory.

Section 3: Definition of Terms As used in this Act, the following terms shall be defined as
follows:
A. Discrimination - refers to any distinction, exclusion, restriction, or preference based on the
grounds of sex, sexual orientation and gender identity or expression, hereinafter referred to as
"SOGIE," and has the purpose or effect of nullifying or impairing the recognition, access to,
enjoyment, or exercise by all persons on an equal footing of all rights and freedoms. For
purposes of this provision, the actual sex, sexual orientation or gender identity of the person
subjected to discrimination shall not be relevant for the purpose of determining whether an act of
discrimination has been committed.
B. Gender Expression - refers to the outward manifestations of the cultural traits that enable a
person to identify as male or female according to patterns that, at a particular moment in history,
a given society defines as gender appropriate.
C. Gender Identity - refers to the personal sense of identity as characterized, among others, by
manner 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.
D. 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.
E. Sexual Orientation - refers to the direction of emotional sexual attraction or conduct. This
can be towards people of the same sex (homosexual orientation), towards people of both sexes
(bisexual orientation), or towards people of the opposite sex (heterosexual orientation).
F. 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.

CHAPTER I
MANDATE

Section 4: Responsible Agency

- The responsible agencies for implementing the SOGIE Equality Bill, or House Bill 689,
include:
Department of Education (DepEd)
Department of Social Welfare and Development (DSWD)
Civil Service Commission (CSC)
National Police Commission
Local Government Units (LGUs)
These agencies play a crucial role in promoting equality and protecting the rights of LGBTQIA+
individuals in the Philippines.
Section 5: Mandate
- Department of Education (DepEd): Oversees primary and secondary schools, ensuring anti-
discrimination policies are enforced, particularly in schools.
Department of Social Welfare and Development (DSWD): Ensures people of diverse SOGIEs
are treated with dignity, reaffirming their freedom to express themselves.
Civil Service Commission (CSC): Prohibits discrimination in civil service tests and promotions
based on gender.
National Police Commission: Forbids discrimination in recruitment, selection, and appointment
practices based on gender.
Local Government Units (LGUs): Enforce anti-discrimination laws and ordinances, with at
least 25 LGUs having passed such measures.
Mandate: The bill prohibits discrimination based on sexual orientation or gender identity or
expression (SOGIE) and provides penalties for violations ¹. It aims to protect LGBTQIA+
individuals from discrimination in various areas, including education, employment, healthcare,
and housing.

CHAPTER II
IMPLEMENTING RULES

Section 6: Implementing Rules

- Here's how primary and support agencies implement House Bill 689 (SOGIE Equality Bill):
Primary Implementing Agencies
1. Department of Education (DepEd): Develops and integrates inclusive education programs,
trains teachers, and monitors schools to prevent SOGIE-based discrimination.
2. Department of Social Welfare and Development (DSWD): Provides counseling, support
services, and shelter for LGBTQIA+ individuals, and ensures access to social welfare programs.
Support Implementing Agencies
1. Civil Service Commission (CSC): Ensures fair recruitment, selection, and promotion practices
in government agencies.
2. National Police Commission: Trains police officers on SOGIE sensitivity and handles
complaints of discrimination.
3. Local Government Units (LGUs): Enact and enforce anti-discrimination ordinances, provide
support services, and conduct public awareness campaigns.
Implementation Strategies
1. Policy Development: Agencies develop guidelines, rules, and regulations to implement the
law.
2. Training and Capacity Building: Regular training for personnel on SOGIE sensitivity,
diversity, and inclusion.
3. Public Awareness: Conducting campaigns, seminars, and workshops to promote understanding
and acceptance.
4. Monitoring and Evaluation: Regular monitoring of compliance, investigating complaints, and
reporting violations.
5. Service Delivery: Providing inclusive services, support, and resources for LGBTQIA+
individuals.
6. Collaboration: Inter-agency partnerships to ensure coordinated implementation.
Specific Initiatives
1. DepEd's Inclusive Education Program: Integrates LGBTQIA+ issues into curriculum.
2. DSWD's Crisis Intervention Unit: Provides 24/7 support for LGBTQIA+ individuals.
3. CSC's Anti-Discrimination Policy: Prohibits SOGIE-based discrimination in government
workplaces.
4. LGUs' Anti-Discrimination Ordinances: Protect LGBTQIA+ rights at local levels.
Challenges and Limitations
1. Resistance from conservative groups.
2. Limited resources and funding.
3. Lack of public awareness and understanding.
4. Institutional barriers and bureaucratic delays.
Future Directions
1. Strengthening partnerships with LGBTQIA+ organizations.
2. Increasing public awareness and education.
3. Developing inclusive policies and programs.
4. Enhancing monitoring and evaluation mechanisms.
These agencies work together to promote equality, prevent discrimination, and protect the rights
of LGBTQIA+ individuals in the Philippines.

CHAPTER III
COMMON PROVISONS

Section 7: Separability Clause

- If certain provisions of House Bill 680 (SOGIE Equality Bill) are declared unconstitutional, the
fate of the remaining provisions depends on:
Legal Principles
1. Severability Clause: If the bill contains a severability clause, unconstitutional provisions can
be removed without affecting the rest of the law.
2. Non-Severability Clause: Without a severability clause, the entire law might be deemed
unconstitutional.
Possible Scenarios
1. Partial Invalidity: Only unconstitutional provisions are struck down; remaining provisions
remain effective.
2. Total Invalidity: The entire law is declared unconstitutional, rendering all provisions
ineffective.
3. Selective Invalidity: Specific provisions are invalidated, while closely related provisions may
remain effective.
Factors Influencing Outcome
1. Court's discretion: The Supreme Court's interpretation and ruling.
2. Legislative intent: The lawmakers' original purpose and goals.
3. Constitutional analysis: Compatibility of remaining provisions with the Constitution.
Potential Consequences
1. Legislative revisions: Congress may revise or re-enact the bill, addressing constitutional
concerns.
2. Regulatory adjustments: Agencies may adapt implementing rules to conform to the court's
ruling.
3. Public impact: Invalidated provisions may affect LGBTQIA+ community protections.
Case Law Precedents
1. Philippine Constitution's Article VI, Section 11: Provides guidance on severability.
2. Supreme Court decisions: Previous rulings on similar cases (e.g., Ang Ladlad vs. COMELEC,
2010).
Keep in mind that the outcome depends on the specific circumstances and the court's
interpretation.

Section 8: Repealing Clause

- House Bill 689 (SOGIE Equality Bill) can be repealed or amended through the following
processes:
Legislative Process
1. Introduction of Repeal Bill: A new bill repealing or amending HB 689 is filed in Congress.
2. Committee Review: The bill undergoes review and hearings in relevant committees.
3. Plenary Debate: The bill is debated and voted on in both the House of Representatives and the
Senate.
4. Bicameral Conference: Differences between House and Senate versions are reconciled.
5. Final Voting: The reconciled bill is voted on and approved.
6. Presidential Signature: The President signs the repeal or amendment into law.
Constitutional Processes
1. People's Initiative: A petition signed by at least 12% of registered voters (Section 2, Article
XIX, Philippine Constitution).
2. Constitutional Amendment: Proposing amendments to the Constitution (Article XVII).
Judicial Process
1. Supreme Court Decision: The Supreme Court declares HB 689 unconstitutional or partially
unconstitutional.
2. Judicial Review: Lower courts follow Supreme Court precedent.
Executive Actions
1. Presidential Veto: The President vetoes the repeal or amendment bill.
2. Executive Order: The President issues an executive order modifying or repealing
implementing rules.
Requirements
1. Majority Vote: Repeal or amendment requires majority votes in both chambers.
2. Three-Reading Rule: Bills must undergo three readings in each chamber.
3. Public Hearings: Conducting public hearings to gather input.
Potential Challenges
1. Public Opposition: Resistance from LGBTQIA+ advocacy groups and supporters.
2. Constitutional Questions: Potential conflicts with the Philippine Constitution.
3. International Pressure: Diplomatic concerns from countries supporting LGBTQIA+ rights.
Relevant Laws and Documents
1. Philippine Constitution (Article VI, XVII, and XIX)
2. Rules of the House of Representatives (Rule X)
3. Senate Rules (Rule X)
4. Civil Code of the Philippines (Article 2)

Section 9: Effectively Clause

- Typically, bills become effective after:
 Presidential Signature: The President signs the bill into law.
 Publication: The law is officially published.
 Specified Effective Date: Some laws specify a future date for implementation.
For the most up-to-date information on House Bill 680's status and effective date, recommend
checking:
 Official Government Websites: For updates on legislative progress.
 News Sources: For announcements and analysis.
 Congressional Records: For detailed information on bill passage and signing.