SB689 PDF
SB689 PDF
SB689 PDF
SENATE
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION
AND GENDER IDENTITY OR EXPRESSION (SOGIE) AND PROVIDING
PENALTIES THEREFOR
EXPLANATORY NOTE
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-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.
F R A N C lb ^ v P A N G IL IN A N
EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )
SENATE
or
Senate Bill No. 689
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
assendded:
1 SECTION 1. Short Title. This Act shall be known as the "Anti-Discrimination Act."
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2 SEC. 2. Declaration of Policy. The State recognizes the fundamental right of every
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3 person, regardless of sex, age, class, status, ethnicity, color, disability, religious and
4 political beliefs, sexual orientation or gender identity, to be free from any form of
5 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.
7 Towards this end, the State shall exert efforts to address all forms of discrimination
8 and violence on the basis of sexual orientation or gender identity and to promote human
9 dignity as enshrined in the United Nations Universal Declaration on Human Rights, the
12 Orientation and Gender Identity, the Convention on the Rights of the Child, the
14 Economic, Social and Cultural Rights, and all other relevant and universally accepted
15 human rights instruments and other international conventions to which the Philippines
16 is a signatory.
1 SEC. 3. Definition of Tenns. - As used in this Act, the following terms shall be
2 defined as follows:
7 persons on an equal footing of all rights and freedoms. For purposes of this
8 provision, the actual sex, sexual orientation or gender identity of the person
11 b. Gender Expression - refers to the outward manifestations of the cultural traits that
16 or feminine conventions. A person may have a male or female identity with the
22 unacceptable.
24 conduct. This can be towards people of the same sex (homosexual orientation),
2 in the eyes of others which may be based on attributes that are arbitrarily defined
4 acted upon.
6 SOGIE. This Act seeks to protect individuals and communities that experience human
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7 rights violations on the basis of SOGIE, including, but not limited to, individuals and
12 juridical, to;
14 educational textbooks, and other medium. Inciting violence and sexual abuse
16 b. Include SOGIE, as well as the disclosure of sexual orientation, in the criteria for
23 employment in both the private sector and public service, including military,
24 police, and other similar services; Provided, further. That this prohibition shall
2 rights;
4 on the basis of SOGIE: Provided, however, That the right of educational and
10 student or trainee due to the SOGIE of the student's parents or legal guardian;
15 f. Deny a person access to public or private medical and other health services open
16 to the general public, as well as access to public and private health insurance,
22 services, including housing, open to the general public on the basis of SOGIE:
27 constituencies;
1 i. Subject or force any person to undertake any medical or psychological
3 approval of the person involved, except in cases where the person involved is a
4 minor and below the age of discernment in which case prior approval of the
5 appropriate Family Court shall be required. In the latter case, the child shall be
7 representative;
14 and
15 k. Subject a person to any other analogous acts that shall have the effect or purpose
20 Act to perform such a duty without a valid ground shall constitute gross negligence on
21 the part of the official and shall be subjected to pertinent administrative sanctions.
22 SEC. 7. Penalties. - Any person who commits any discriminatory practice described
23 in Section 5(a), 5(d), 5(e), 5(g), and 5(h), shall, upon conviction, be penalized by a fine of
24 not less than One Hundred Thousand Pesos (PI00,000.00) but not more than Two
25 Hundred Fifty Thousand Pesos (P250,000.00) or imprisonment of not less than one (1)
26 year but not more than six (6) years, subject to the discretion of the court.
1 Any person who commits any discriminatory practice described in Section 5(b), 5(c),
2 5(f), 5(i), and 5(j) shall, upon conviction, be penalized by a fine of not less than Two
3 Hundred Fifty Thousand Pesos (P250,000.00) but not more than Five Hundred Thousand
4 Pesos (P500,000.00) or imprisonment of not less than six (6) years but not more than
6 Any person who commits any discriminatory practice described in Section 5(k)
7 shall, upon conviction, be penalized with the same penalty as the prohibited act to which
8 it is analogous.
9 In addition, the court may impose upon a person found to have committed any of
10 the prohibited acts the rendition of community service in terms of attendance in human
11 rights education's familiarization with and exposure to the plight of the victims.
12 Nothing in this Act shall preclude the victim from instituting a separate and
14 The penalties provided under this Section shall be without prejudice to the
17 civil, criminal, or administrative offense, not falling under this Act, is committed and
19 Act, said offense shall be qualified and the corresponding penalty provided thereto shall
22 a. Inclusion of SOGIE Concerns in All Police Stations. - The Women and Children's
23 Desks now existing in all police stations shall also act on and attend to
24 complaints/cases covered by this Act. In this regard, the police handling said
25 desks shall undergo trainings on human rights and SOGIE, gender sensitivity
26 and awareness, and sensitization on the issue of violence and abuse on the basis
27 of SOGIE.
1 Complainant-minors can be represented by parents, guardians, social
3 b. Role of the Ciihl Sennce Commission - The Civil Service Commission (CSC) shall
8 c. Role of the Department of Labor and Employment - The Department of Labor and
12 (CHR) shall investigate and recommend the filing of a complaint against any
13 person/s violating this Act. If the Commission has reasonable cause to believe
14 that any person or group of persons is committing acts penalized under Section
15 5 of this Act, the Commission shall recommend a legal action in the appropriate
17 The CHR shall also direct the officer concerned to take appropriate action
19 discharge a duty required under this Act, and recommend the revocation of
22 without just cause to comply with an order of the Commission to revoke the
25 required under this Act, shall be a ground for disciplinary action against said
26 officer.
1 The CHR shall also document cases of discrimination on the basis of SOGIE
2 and shall include these documented cases in its annual human rights report. The
5 SOGIE.
7 forms of discrimination, the State shall pursue initiatives and programs that seek to
8 enable an environment free of stigma and discrimination. It shall direct the machinery
9 and resources of the State to promote non-discrimination and shall encourage other
10 sectors of the society to engage and participate in these efforts. It shall ensure the
18 human rights violations and violence on the basis of SOGIE are prevented. They
21 Public institutions shall incorporate these programs into existing gender and
22 development programs.
2 this Act, there shall be created a Congressional Oversight Committee, hereinafter referred
3 to as the Anti-Discrimination Oversight Committee (ADOC), within sixty (60) days after
4 the enactment of this Act. The ADOC shall be composed of ten (10) members from the
5 Senate and the House of Representatives, which shall include the following: the
6 Chairperson and two (2) members of the Senate Committee on Women, Children, Family
7 Relations, and Gender Equality; the Chairperson and one (1) member of the Senate
8 Committee on Justice and Human Rights; the Chairperson and two (2) members of the
9 House Committee on Women and Gender Equality; and the Chairperson and one (1)
10 member of the House Committee on Justice. The members of the ADOC shall be
11 appointed by the Senate President and the Speaker of the House, respectively, with at
13 The ADOC shall be jointly chaired by the Chairpersons of the Senate Committee on
14 Women, Children, Family Relations and Gender Equality and the House Committee on
15 Women and Gender Equality. The Vice-Chair of the ADOC shall be jointly held by the
16 Chairpersons of the Senate Committee on Justice and Human Rights and the House
17 Committee on Justice. The Secretariat shall come from the existing Secretariat personnel
19 The ADOC shall monitor the compliance of public institutions to the provisions of
20 this Act. Within three years after the enactment of this Act, the ADOC shall conduct an
21 audit of national and local policies that discriminate on the basis of SOGIE, and shall
22 submit a report to Congress, the Office of the President, and the Supreme Court, on the
23 subject.
24 The ADOC shall cease to exist six years after its organization.
25 SEC. 12. Separability Clause. - If any provision of this Act is declared invalid or
26 unconstitutional, the other provisions not affected by such declaration shall remain in full
2 rules and regulations inconsistent with this Act are hereby repealed or amended
3 accordingly.
4 SEC, 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
5 complete publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
10