EIGHTEENTH CONGRESS OF THE

REPUBLIC OF THE PHILIPPINES

First Regular Session

SENATE

Senate Bill No. 689

Introduced by Senator FRANCIS N. PANGILINAN

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

EXPLANATORY NOTE

According to the survey "The Global Divide on Homosexuality" by the Pew

Research Center, 73% of adult Filipinos agree that homosexuality should be
accepted by society. The Philippines placed second as the most gay-friendly country
in the whole Asia-Pacific, after Australia. Just recently, some 70,000 people joined
the Metro Manila Pride March the largest and oldest Pride demonstration in
Southeast Asia.

Despite these overwhelming numbers, the Philippines is only more tolerant

than accepting of the LGBT community. According to a United Nations (UN) study,
30% of LGBT in the country reported being harassed, bullied, or discriminated
against by others while at work because of their sexual orientation and gender
identity or expression (SOGIE). The same study also said 21% of Filipino
respondents believed that they were denied a job because of their SOGIE. The
country ranked 95th in the SPARTACUS Gay Travel Index 2019, which scored
countries based on measures like trans gender rights, marriage equality, and the
existence of anti-discrimination legislation.

Countries such as Canada, Portugal, and Sweden, among others, have already
enacted their own anti-discrimination laws. Five countries in the world Bolivia,
Ecuador, Fiji, Malta and the United Kingdom have constitutions that explicitly
guarantee equality on the basis of sexual orientation and gender identity.

In the Philippines, some local governments already have ordinances to protect

the welfare of the LGBT community. In addition, the Department of Education
issued the Gender-Responsive Basic Education Policy which primarily "commits to
integrate the principles of gender equality, gender equity, gender sensitivity, non-

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discrimination and human rights in the provision and governance of basic
education."

It is high time for the Philippines to join the long list of countries with a
national anti-discrimination law. With the hopes of giving the LGBT community full
acceptance, and not just tolerance, this proposed legislation aims to finally
eliminate the hate and discrimination against them. This bill also seeks to create an
environment that is safe, equal, and reasonable for everyone regardless of their
sexual orientation and gender identity or expression. The immediate passage of
this bill is earnestly sought.

ANGILINAN

EIGHTEENTH CONGRESS OF THE

REPUBLIC OF THE PHILIPPINES
First Regular Session
2
 SENATE

Senate Bill No. 689

Introduced by Senator FRANCIS N. PANGILINAN

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION
AND GENDER IDENTITY OR EXPRESSION (SOGIE) 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 "Anti-Discrimination Act.
"

SEC. 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 or gender identity, to be free from
any form of discrimination. It shall therefore intensify its efforts to fulfill its duties
under international 6 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
and violence on the basis of sexual orientation or gender identity 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 General Recommendation No. 28 on Nondiscrimination Based
on Sexual Orientation and Gender Identity, the Convention on the Rights of the
Child, the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, and all other relevant and
universally accepted 15 human rights instruments and other international
conventions to which the Philippines is a signatory.

SEC. 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 these provisions, the actual
sex, sexual orientation or gender identity of the person subjected to discrimination

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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.

SEC. 4. Communities Vulnerable to Discrimination Abuse on the Basis of

SOGIE. - This Act seeks to protect individuals and communities that experience
human rights violations on the basis of SOGIE, including, but not limited to,
individuals and 8 communities of diverse sexual orientation or gender identity or
expression who are children, young, poor, differently abled, of different ethnic
background or cultural 10 background, and of various religious belief.

SEC. 5. Discriminatory Practices. — It shall be unlawful for any person, natural

or juridical, to:
a. Promote and encourage stigma on the basis of SOGIE in the media, in
1educational textbooks, and other medium. Inciting violence and sexual abuse
against any person or group on the basis of SOGIE is likewise prohibited;

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b. Include SOGIE, as well as the disclosure of sexual orientation, 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, 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 in both the
private sector and public service, including military, police, and other similar
services; Provided, further, That this prohibition shall 25 likewise apply to the
contracting and engaging of the services of associations or organizations with
lesbians, gays, bisexuals, transgender, intersex, or queers (LGBTIQs) members or of
associations or organizations advocating LGBTIQs
rights;

c. Refuse admission or expel a person from any educational or training institutionon

the basis of SOGIE: Provided, howsoever, That the right of educational and 5
training institutions to determine the academic qualifications of their students or
trainees shall be duly upheld;

d. Impose disciplinary sanctions, penalties harsher than customary or similar

punishments, requirements, restrictions, or prohibitions that infringe on the 9 rights
of students on the basis of SOGIE, including discriminating against a 10 student or
trainee due to the SOGIE of the student's parents or legal guardian;

e. Refuse or revoke the accreditation, formal recognition, registration or plan to

organize of any organization, group, political party, institution or establishment, 13
in educational institutions, workplaces, communities, and other settings, solely on
the basis of the SOGIE of their members or of their target constituencies;

f. Deny a person access to public or private medical and other health services open
to the general public, as well as access to public and private health insurance,
including HMOs, on the basis of SOGIE;

g. Deny an application for or revoke, on the basis of SOGIE, any government

license, authority, clearance, permit, certification, or other similar documents
necessary to exercise a profession, business, or any other legitimate calling;

h. Deny a person, access to or the use of establishments, facilities, utilities or

services, including housing, open to the general public on the basis of SOGIE:
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,

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that this prohibition covers acts of discrimination against juridical persons solely on
the basis of the SOGIE of their members or of their target constituencies;

i. Subject or force any person to undertake any medical or psychological

examination to determine or alter the person's SOGIE without the expressed
approval of the person involved, except in cases where the person involved is a
4minor and below the age of discernment in which case prior approval of the
5appropriate Family Court shall be required. In the latter case, the child shall be
6represented in the proceedings by the Solicitor General or the latter's authorized
representative;

j. Subject any person, natural or juridical, to profiling, detention, or verbal or 9

physical harassments on the basis of SOGIE. Profiling, detention, or verbal or
physical harassment on the basis of SOGIE by members of law enforcement 11
agencies, including the military, police, and immigration, is likewise prohibited.
Physical or verbal harassment based on SOGIE of persons in custody or

detention of the police, including subjecting them to extortion, is also prohibited;

and
k. Subject a person to any other analogous acts that shall have the effect or
purpose of impairing or nullifying the enjoyment, recognition, and exercise of a
person's human rights and fundamental freedoms.

SEC. 6. Administrative Sanctions. — Willful refusal of a government official

whose duty is to investigate, prosecute, or otherwise act on a complaint for a
violation of this Act to perform such a duty without a valid ground shall constitute
gross negligence on the part of the official and shall be subjected to pertinent
administrative sanctions.

SEC. 7. Penalties. — Any person who commits any discriminatory practice

described in Section 5(a), 5(d), 5(e), 5(g), and 5(h), shall, upon conviction, be
penalized by a fine of not less than One Hundred Thousand Pesos (PIOO, OOO. () ())
but not more than Two Hundred Fifty Thousand Pesos (P250,000.00) or
imprisonment of not less than one (1) year but not more than six (6) years, subject
to the discretion of the court.

Any person who commits any discriminatory practice described in Section 5(b), 5(c),
5(f), 5(i), and 5(j) shall, upon conviction, be penalized by a fine of not less than Two
Hundred Fifty Thousand Pesos (P250,000.00) but not more than Five Hundred

6
Thousand Pesos (P500,000.00) or imprisonment of not less than six (6) years but
not more than 5 twelve (12) years, subject to the discretion of the court.

Any person who commits any discriminatory practice described in Section 5(k) shall,
upon conviction, be penalized with the same penalty as the prohibited act to which
it is analogous.
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's familiarization with and exposure to the plight of the
victims.
Nothing in this Act shall preclude the victim from instituting a separate and
independent actions for damages and other affirmative reliefs. The penalties
provided under this Section shall be without prejudice to the imposition of
administrative liability for government officials and employees.

SEC. 8. Discriminatory Practices as Qualifying Aggravating Circumstance. -

If any civil, criminal, or administrative offense, not falling under this Act, is
committed and proven to be attended by any discriminatory practice prohibited
under Section 5 of this Act, said offense shall be qualified and the corresponding
penalty provided thereto shall be applied in its maximum period.

SEC. 9. Redress Mechanisms for SOGIE-Related Cases. -

a. Inclusion of SOGIE Concerns in All Police Stations. The Women and Children's
Desks now existing in all police stations shall also act on and attend to
complaints/cases covered by this Act. In this regard, the police handling said desks
shall undergo trainings on human rights and SOGIE, gender sensitivity and
awareness, and sensitization on the issue of violence and abuse on the basis of
[Link]-minors can be represented by parents, guardians, social
workers, or a non-government organization of good standing and reputation.

b. Role of the Civil Service Commission — The Civil Service Commission (CSC) shall
mandate the establishment of a grievance mechanism to address discriminatory
practices committed by officers or employees of government agencies,
instrumentalities, government owned and controlled corporations (GOCCs), and
other offices under its jurisdiction.

c. Role of the Dependent of Labor and employment The Department of Labor and
Employment (DOLE) shall mandate the establishment of a grievance mechanism 10
to address discriminatory practices committed in the work place.

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d. Role of the Commission on human Rights. The Commission on Human Rights
(CHR) shall investigate and recommend the filing of a complaint against any person/
s violating this Act. If the Commission has reasonable cause to believe that any
person or group of persons is committing acts penalized under Section 5 of this Act,
the Commission 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. Refusal by any officer without just
cause to comply with an order of the Commission 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 SOGIE 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 SOGIE.

SEC. 10. Programs to Promote Nondiscrimination and Diversity. — To

eliminate all forms of discrimination, the State shall pursue initiatives and programs
that seek to enable 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. It
shall ensure the implementation of the following programs:

a. Social Protection Programs - the national government shall ensure that

communities vulnerable to stigma and discrimination on the basis of SOGIE are
integrated into government-run social protection programs.

b. Diversity programs and Policies — All government agencies, government-owned

and controlled corporations, private companies, public and private educational
institutions, and other entities shall establish diversity programs to ensure human
rights violations and violence on the basis of SOGIE are prevented. They shall also
create an internal redress mechanism to address cases of discrimination and
develop administrative remedies or sanctions for such cases. Public institutions
shall incorporate these programs into existing gender and development programs.

c. Information and Education campaign - All government agencies and

instrumentalities are mandated to develop and implement SOGIE-specific gender

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sensitivity education and information dissemination. They shall endeavor to produce
and publish information and education campaign materials on gender and human
rights.

SEC. 11. Congressional Oversight Committee. - For the effective

implementation of this Act, there shall be created a Congressional Oversight
Committee, hereinafter referred to as the Anti-Discrimination Oversight Committee
(ADOC), within sixty (60) days after the enactment of this Act. The ADOC shall be
composed of ten (10) members from the Senate and the House of Representatives,
which shall include the following: the Chairperson and two (2) members of the
Senate Committee on Women, Children, Family Relations, and Gender Equality; the
Chairperson and one (1) member of the Senate Committee on Justice and Human
Rights; the Chairperson and two (2) members of the House Committee on Women
and Gender Equality; and the Chairperson and one (1) member of the House
Committee on Justice. The members of the ADOC shall be appointed by the Senate
President and the Speaker of the House, respectively, with at least one (1) member
representing the Minority.

The ADOC shall be jointly chaired by the Chairpersons of the Senate Committee on
Women, Children, Family Relations and Gender Equality and the House Committee
on Women and Gender Equality. The Vice-Chair of the ADOC shall be jointly held by
the Chairpersons of the Senate Committee on Justice and Human Rights and the
House Committee on Justice. The Secretariat shall come from the existing
Secretariat personnel of the Senate and the House of Representatives committees
concerned. The ADOC shall monitor the compliance of public institutions to the
provisions of his Act. Within three years after the enactment of this Act, the ADOC
shall conduct an audit of national and local policies that discriminate on the basis of
SOGIE, and shall submit a report to Congress, the Office of the President, and the
Supreme Court, on the subject. The ADOC shall cease to exist six years after its
organization.

SEC. 12. Separability Clause. — If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected by such declaration shall remain
in full force and effect.

SEC. 13. Repealing Clause. All laws, executive orders, administrative orders, and
rules and regulations inconsistent with this Act are hereby repealed or amended
accordingly.

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SEC. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two (2) newspapers of general
circulation.
Approved,

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