SEVENTEENTH CONGRESS OF THE

REPUBLIC OF THE PHILIPPINES

First Regular Session

)
)
)

SENATE
S. B. No. _______

INTRODUCED BY SENATOR ANA THERESIA RISA

HONTIVEROS BARAQUEL

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF
SEXUAL ORIENTATION AND GENDER IDENTITY OR
EXPRESSION (SOGIE) AND PROVIDING PENALTIES
THEREFOR
EXPLANATORY NOTE
Philippine submissions to the United Nations Human Rights
Council narrate a bleak story of the continuing neglect of the
human rights issues Filipino lesbians, gays, bisexuals,
transgenders, intersex, and queers (LGBTIQs) face. Cases of
discrimination and inequality have remained invisible to our
national policies and reduced to insignificance by homophobia and
stigma. The reports document experiences of transwomen who
were being denied the right to express their gender identity in
schools and in the workplace; of gay men who could not donate
blood because of a government memorandum prohibiting
homosexuals from doing so. There were transwomen who were
forced by authorities to appear masculine before their passports
could be renewed. There were also law enforcers threatening
LGBTIQs of prosecution for Grave Scandal under Article 200 of the
Revised Penal Code as a scheme to harass and to extort from them.
There were cases of gender non-conforming students who were
being bullied in schools affecting their performance and ultimately
their access to education. There were people living with HIV AIDS
who were made more vulnerable by the prevailing stigma against
men who have sex with men and transgenders, putting in peril
their fundamental right to quality and effective healthcare. These
stories reflect the historical prejudice against LGBTIQs denying
them full access to basic human rights and excluding them from
fundamental equality before the law. The lack of protective laws
and supportive policies is an unfortunate reality. This neglect is
affording impunity from committing discrimination and tolerating
human rights abuse.
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Aside from addressing a major human rights gap, this

proposed legislation will be the compliance of the Philippine
government with the obligation imposed upon states by the
Universal Declaration of Human Rights (UDHR), International
Covenant on Civil and Political Rights (ICCPR), and the
International Covenant on Economic Social and Cultural Rights
(ICESCR) for all states to guarantee all persons equal and
effective protection against discrimination on any ground such as
race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth, or other status. The
prevailing interpretation of this state obligation includes protection
against discrimination on the basis of sexual orientation and
gender identity.
When passed, this bill will give life to and uphold our very
own equal protection clause in the 1987 Constitution. The principle
of non-discrimination is one of the underlying thrusts of a human
rights regime. Thus, protecting LGBTIQs from differential
treatment should be a basic state guarantee. Measures that value
the dignity of every human person must without reservations
become part of national policy. This Anti-Discrimination Act will be
our commitment to the fundamental equality of ALL persons before
the law, a beacon of our long overdue promisehuman rights for
all.
The passage of this bill is earnestly sought.

ANA
THERESIA
RISA
BARAQUEL
Senator

HONTIVEROS

SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES
)
First Regular Session
)
SENATE
S. B. No. _______

INTRODUCED BY SENATOR ANA THERESIA RISA

HONTIVEROS BARAQUEL
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 and cited 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
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under 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 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 the General Recommendation No. 28 on Nondiscrimination 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 of.
SEC. 3. Denition 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 which is based on any ground such as sex,
sexual orientation, gender identity, and which 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 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.
c Sexual Orientation refers to the direction of emotional sexual
attraction or conduct. This can be towards people of the same
sex (homosexual orientation) or towards people of both sexes
(bisexual orientation) or towards people of the opposite sex
(heterosexual orientation).
d 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.

SEC. 4. Discriminatory Practices. It shall be unlawful for any

person, natural or juridical, to:

a. Include sexual orientation or gender identity or expression,

as well as the disclosure of sexual orientation, in the
criteria for hiring, promotion, transfer, designation, work
assignment, re-assignment,
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 likewise apply to the contracting and
engaging of the services of juridical persons;
b. Refuse admission or expel a person from any educational or
training institution on the basis of sexual orientation or
gender identity or expression: Provided, However That the
right of educational and training institutions to determine the
academic qualifications of their students or trainees shall be
duly upheld;
c. Impose 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 sexual orientation or gender identity or
expression, including discriminating against a student or
trainee due to the sexual orientation or gender identity or
expression of the students parents or legal guardian;
d. Refuse or revoke 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 sexual orientation or gender
identity or expression of their members or of their target
constituencies;
e. Deny a person access to public or private medical and
other health services open to the general public on the
basis of such person's sexual orientation or gender identity
or expression;
f. Deny an application for or revoke a professional or other
similar kind of license, clearance certification or any other
similar document issued by the government due to the
applicant's sexual orientation or gender identity or
expression;
g. Deny a person access to or the use of establishments,
facilities, utilities or services, including housing, open to
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the general public on the basis of sexual orientation or

gender identity or expression: 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, That this prohibition covers acts of
discrimination against juridical persons solely on the basis
of the sexual orientation or gender identity or expression
of their members or of their target constituencies;
h. Subject or force any person to undertake any medical or
psychological examination to determine and/or alter the
person's sexual orientation or gender identity or
expression without the expressed 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; and
i. Harassment by members of institutions involved in the
enforcement of law and the protection of rights of any
person on the basis of sexual orientation or gender identity
or expression. Among other cases, harassment occurs
when a person is arrested or otherwise placed in the
custody and subjected to extortion, physical or verbal
abuse, regardless of whether such arrest has legal or
factual basis. Harassment of juridical persons on the basis
of the sexual orientation or gender identity or expression
of their members, stockholders, benefactors, clients, or
patrons is likewise covered by this provision.
SEC. 5. 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.
SEC. 6. Penalties. Any person who commits any discriminatory
practice described in Section 4 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 six (6)
years, 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 educations familiarization with and exposure to the plight of
the victims.
If a graver offense motivated by bias, prejudice, or hatred against
sexual orientation or gender identity or expression is committed, such
shall be meted the corresponding maximum penalties depending on
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the severity of the offenses.

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.
The penalties provided under this Section shall be without prejudice
to administrative liability for government officials and employees.
SEC. 7. Inclusion of SOGI Concerns in All Police Stations. The
Women and Childrens Desks now existing in all police stations shall
also act on and attend to complaints or 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, dynamics of
LGBTIQs relationships and hate crime investigations.
Complainant-minors can be represented by parents, guardians or a
non-government organization of good standing and reputation.
SEC. 8. 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. 9. Repealing Clause. All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with this Act are hereby
repealed or modified accordingly.
SEC. 10. Effectivity. This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of
general circulation.

Approved,