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Republic oI tlre Philippines

HOUSE OF REPRESENTATIVES

Quezon CitY

Six[eenth Congress

First Regular Session

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HOUSE BILL NO.

(ln Substitution to Hot-rse Bill Nos" LLO,347, 1,230, 1842,2571, and 2572)

lntroduced by Representatives l(aka J. Bag-ao, Sol Aragorres, Lani Mercado-Revilla, Neri J. Colnrenares. Carlos lsagani T-Zarate, Mercedes l(. Alvarez, Monique Yasmin Q. Lagdameo,

Erlinda M. Santiago, Elisa T. l(ho, Delphine G. Lee, Catalina Leonen-Pizarro, Lorna Q. Velasco,

Jim Hataman-Salaliman, lbarra M" Gutierrez lll, Rosenda Ann M. Ocampo, Angelina Tan,

Luzviminda C. llagan, Estrellita B" Suansing, Rosemarie J. Arerras, Leah S. Paquiz and

Linabelle Ruth R. Villarica

AI\ ACT

PROHIBITING DISCRIMTNATION ON THE EASIS OF SEXUAT OBIENTATION AND GENDER

IDENTITY, PROVIDING PENALTIES TI-IEREFOR AI\ID FOR OTHER PURPOSES

Be it enocted by the Senate and House of Representatives of the Philippines in Congress qssembled:

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SECTION 1. Title. This Act shall be l<nown and cited as lhe "Anti-Discrimination Act."

SECTION 2. Declaratior-r.of policv. lt is the policy of the State to work actively for

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theelimination of all forms of discrimination that offends the equal protection clause of the

Bill of Rights and the State obligations under lrunran rights instruments acceded to by the

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Republic of the Philippines, particularly those discriminatory.practices based on sex or

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sexual orientation. Towards this end, discriminatory practices'as defined herein shall be

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proscribed and penalized.

SECTION 3. Definition of Terr-ns.For purposes olthis Act, the following terms shall be

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a. "Discrimination" shall be understood to imply any distinction, exclusion,

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restriction, or preference which is based on any ground such as sex, sexual orientation,

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gender identity, whether aclual or perceived, and which has the purpose or effect of

1.4 nullifying or impairing the recognition, enjoynrent, or exercise by all persons of an .equal

15 footing of. all rights and freedoms.

16 b.

"Gender ldentity" refers to the personal sense of identity as characterized,

17 amongothers, by manners of clothing, inclinations, and behavior in relation to masculine or

18 feminine conventions. A person may lrave a male or fernale identity with the physiological

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characteristics of the opposite sex.

20 c.

"sexual Orientation" refers to the direction of emotional s'exual attraction

27 orconduct" This can be towards people of the same sex (homosexual orientation) or

22 towards people of both sexes (bisexual orientation) or towards people of the opposite sex

23 (heterosexual orientation).

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Sexual orientation is not equivalent to sexual behavior which refers to feelings and

r sexual orient'ation in their behavior.

26 c.

SECTION 4. Discriminqtory. practices.lt shall be

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,unlawful for any person,

27 natural or juridical, to:

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28 (a)

Deny access to public service, including military s.elyice, to any person on the

29 basisof sexual orientation and/orgender iclentity;

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30 (b)

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lnclude sexual orientation and gender identity, ai:.well as the disc.losure.of

31 sexualorientation, in the criteria for hiring, promotion and disr-.rlissal of workers, and in

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32 thedetermination of employee compensation, training, incen,Iives, privileges, benefits

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34 This prohibi-tion, on the basis of sexual orien[ation and gender identity, shall also

35 include the contracting and engaging of services of juridical persons.

35 (c)

Refuse admission or expel a person from educational irrstitutions on the basis

37 ofsexual orientation and gender iderrtity, without prejudice to the right of

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educationalinstitutions to determine the academic qualifications of their stu.dents;

39 This prohibition shall include lhe imposition of (i) disciplinary sanctions solely on

40 thebasis of sexual orientation arrd gender identity; (ii) penalties harsher that

47 customaryprimarily due to sexual orientation and gender identity; or (iii) similar

42 punislrri-rentsand prohibitions.

43 (d)

44 of

Refuse or revol<e the accreditation, formal recognition, and / or registration

establishment, in

anyorganization, group, political party, institr;tlon or

45 educationalinstitutions, worl<places, communities, and other settings, solely on the basis of

46 thesexual orientation or gender identity of their members or of their targetconstituencies;

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47 This prohibition shall also include tlre prevention of and prohibitions on attempts

48 toorganize;

49 (e)

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Deny a person access to medical and other hepflh services open to the

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generalpublic on the basis of such person's sexual orientation or gender identity;

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51 (f)

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Deny an application for or revol<e a professioha,l license issued by :phe

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52gOVernmentduetotheapplicant,ssexuaIorientation.orgenderid,9ptity;

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53 (g)

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56 services;

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

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services,including housing, open to the general public on tnu'iU'*iis of sexual orientation

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orgender identity; There is a denial when a person is given jn{reilor aEcommodationsor

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57 This prohibition includes the discrirnitration

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ofthe sexual orientation or gender identity of

of juridical persons solely on the basis

their menrbers or of their target

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(h) Subject or. force any person to any medical or psychological examination

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todetermine and/or alter the person's sexual orien'la[iotr or gender identity without

theexpressed approval of the person involved, except in cases where the personinvolved is

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a minor underthe age of discernment in ivhich case prior approvalof theappropriate Farnily

64 Court shall be required. ln the Iatter case, lhe child shall be represented in the proceeding

65 by the Solicitor Generat or the latter's authorizedrepresentative;

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Harassment by mernbers of institutions involved in the enforcement of law

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and theprotection of rights, such as the Plrilippine National Police and the Armed Forces

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ofthe Philippines, of any person on [he basis of his or her sexual orientation or

69 genderidentity. Among other cases, lrarassnrent occurs when a person is arrested or

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otherwise placed in the custody and extortion,. physical or verbal abuse takes

77 place,regardless of whether such arrest has legal or factual basis. Harassment of

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72 juridicalpersons on the basis of the sexual orientation oll Sender identity of their

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13 rnembers,stockholders, benefactors, clients, or patrons is likewisli,covered by this provision;

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U) Deny an application for license, clearance,: -cirtification or any other

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15 document issued by governmental authorities on the nasis.tf the applicant's sexual

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orientatiorr and gender identity; and

(k) Damage the honor or reputa[ion ol a person or a group of persons to which

one belongs, on account of his or his group's actual or supposed sexua.l orientation or

gcnder iderrtity.

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SECTION. 5. Administrative Sarrctiong. Refusal of a governmeiit official whose duty is

81 toinvestigate, prosecute or otherwise act on a complaiirt for a violation of this Act to

82 perform such a duty without a valid ground shall constitute gross negligence on the part of

83 such official who shall suffer the appropriate penalty uncler civil service laws, rules, and

84 regu lations

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SECTION. 6. Penalties. (a) Persons found guilty of any of the discriminatory practices

86 enumerated in Section 4 shall be penalized with a fine of not less than TwoHundred Fifty

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Thousand Pesos (P250,000) but not to exceed Five Hundrecl Thousand Pesos (P500,000) or

88 imprisonment of not less than one (L) year but not more tlran one (6) years, or both at the

89 discretion of the court. ln addition, community service in terms of human rights education

90 to the perpetrator and exposure to the plight of the victims can be imposed at the

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92 (b)

discretion of the court.

The penalty contained herein is without prejudice to the award of damages

93 to the aggrieved party, as may be proven during tr.ial. The in:stitution of a criminal action

94 shall impliedly include the civil action, unless a separate civil action has been filed or a

95 reservation for the filing of such action is made.

(c)

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The officials directly involved shall be liable.for violations committed

g7bycorporations,organizations,orsimilarentities.+

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SECTION. T.Special Aggravating Cir"cunrstance. Any persgtr who commits any of the

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felonies enumerated in Title Eight, Bool< Two (Crimes Against;Persons) and Title Eleven,

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Book Two (Crimes Against Chastity) of the Revised Penal Code,:and who is proven to have

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committed the same motivated by bias, prejudice, or hate based.on sex, sexual orientation

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L02 or gender identity, shall suffer the maximum penalty imposed by,tLi.'e Code for such felony.

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103 SECTION. B. Creation of LGBT Desl<s i.[All Police Stations. Aside from the Women's

L04 Desks now existing in all police stations, the Philippine Naiional Police shall also establish

105 Lesbian, Gay, Bisexual and Transgender's (LGBT) deslcs in all police stations throughout the

106 country to adrninister and attend to the cases covered by this Act against members of the

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LGBT community and other similar offenses"

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SECTION 9. Sq.parabilitv Cl?use. lf

any provision of this Act is' declaied

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unconslitutional orotherwise invalid, the valiclity of the o[her provisipns shall not be

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affected thereby.

111 SECTION. 10. Repealing Clausg.All laws, decrees, orders, rules and regulations or

11.2 parts thereof inconsistent with this Act are hereby repealed or rnodified accordingly.

113 SECTION. 1-L. Effectivitv.This Act shall tal<e effect iifteen (15) days after its

1.1'4 publication in the Official Gazette orin at leasttwo (2) newspapers of general circulation.

115 Approved,

/atty bing 111313