COMMISSION ON HUMAN RIGHTS OF THE PHILIPPINES (CHRP)

SUBMISSION ON FREEDOM OF RELIGION OR BELIEF AND FREEDOM FROM VIOLENCE

AND DISCRIMINATION BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY
JANUARY 2023

1. The Commission on Human Rights of the Philippines (hereafter the Commission/CHRP)

submits to the Independent Expert on protection against violence and discrimination
based on sexual orientation and gender identity (IE SOGI), its input relative to the latter’s
thematic report on protection against violence and discrimination based on sexual
orientation and gender identity.

2. This submission took into consideration local and international reports from government,
civil society, the media, and international non-governmental organizations. This
submission also references CHRP’s own documentation of independent monitoring
activities and statements on the rights of persons with diverse sexual orientation and
gender identity, primarily the inputs from CHRP’s Gender Equality and Women’s Human
Rights (CGEWHR), which has undergone internal deliberations of the Commission En
Banc.

I. What are the actual or perceived points of tension (if any) between the right to
manifest one’s freedom of religion or belief, and freedom from violence and
discrimination based on sexual orientation and gender identity? Are there any
areas in which they are mutually exclusive?

3. Religion plays a major role in Philippine culture. Although Filipino people are generally
tolerant of the LGBTQI community, violence and discrimination based on SOGI remains
rampant due to the influence of religion.

4. In 2019, CHRP issued an LGBTQI Situation Report1 based on key informant interviews
and focus group discussions (FGD) conducted with LGBTQI children. The report states
many of the LGBTQI children interviewed feel safe because they have not experienced
discrimination in places of worship. Some children replied that they felt unsafe because
they often hear LGBTQI people get vilified in religious teachings and get discriminated in
places of worship. One participant from Zamboanga Peninsula shared that her religion,
1
Commission on Human Rights, The Situation of LGBTQI Children in the Philippines, December 2019,
available at https://chr.gov.ph/wp-content/uploads/2022/06/2019.-THE-SITUATION-OF- LGBTQI -
CHILDREN-IN-THE-PHILIPPINES-A-Report-by-the-Commission-on-Human-Rights-December-2019.pdf
(last accessed 10 January 2023)

1
 Islam, considers LGBTQI people as haram or forbidden. Hence, she has never gone to
church.

5. Roman Catholic theology views homosexuality as a spiritual illness 2; In one of the FGDs
conducted by CHRP, participants from NCR3 expressed, “Inside the Church, there is
also a strong sense of bullying. People will say that it’s a sin to be gay, that you will go to
hell (…). Some people say that it’s okay to be gay but not commit homosexual acts,
(but) there is no difference - they still discriminate (you for being homosexual and for
doing the homo-sexual act).” 4

6. In a survey ran by the CHR in partnership with the Social Weather Stations in
September of 2020, religious beliefs have been cited as the 5th reason for not agreeing
transgender men's use of male restrooms. Other reasons cited were (1) they are still
women; (2) their vulnerability to abuse and violence; (3) prompting negative feelings; (4)
they should use the restrooms assigned to their sex. In terms of same sex unions, 58%
of those surveyed disagreed with only 30% in agreement. Survey showed 55% of
Roman Catholic surveyed disagreed, 63% of INCs surveyed disagreed, 71% of other
Christian groups agreed, and 100% of surveyed Muslims disagreed.5

7. Same-sex marriage remains to be a highly contentious issue due to the influence of

religion. Although the Philippine Constitution does not expressly prohibit same-sex
unions, the Family Code of the Philippines currently restricts marriage between men and
women. Consequently, same-sex couples, as it stands, cannot enjoy the same rights
and benefits enjoyed by heterosexual couples such as the right to jointly adopt children,
own conjugal properties, get labor benefits and privileges, consent to medical
procedures, and to avail of benefits related to social security, medical, hospitalization,
funeral, among others.

8. In 2019, the Supreme Court (SC) denied a petition to declare provisions of the Family
Code in violation of the equal protection clause in not allowing marriage equality. The
denial was based on the absence of an actual case or controversy/ the absence of an
injured party. However, in the course of the Court’s decision, a long discussion ensued
on the situation of LGBTQI rights in the country, the declaration that they belong in the
marginalized sector, and the many issues that the community is confronting. While the
legal battle was lost, a comprehensive discussion on the rights of LGBTQI was covered
by the High Court. A possible opening for subsequent challenges or actions. 6

9. Currently, there are bills in Congress seeking to recognize same-sex civil unions7 in the
country; However, the government is firm in its opposition against same-sex marriage. In

2
The Catechism of the Catholic Church, a summary of the Church's official beliefs, declares that
“homo-sexual acts are intrinsically disordered” and homosexual inclinations “as objectively dis-
ordered,” and in the same breath calls for compassion for LGBTQI people to be “accepted with respect,
compassion and sensitivity.” The same statements have been echoed by the Catholic Bishops
Conference of the Philippines in its pastoral statement on same-sex marriage. While not all Catholics
may share the same views, these beliefs often motivate and serve as justification for discrimination
against LGBTQI people.
3
National Capital Region
4
Supra Note 1
5
note on survey: the 2020 Human Rights Survey by CHR and SWS is unpublished but has informed the
Commission's Human Rights programming
6
See the case of Falcis vs. Civil Registrar General: https://sc.judiciary.gov.ph/8227/

2
 2022, the Philippines rejected same-sex marriage recommendations made by member
states of the UNHRC. In a press conference, a government official explained that the
matter was rejected because “of our national identity, our religious beliefs, and our
cultural traditions and the Philippines sovereignty that we need to protect and uphold at
all times.”8

10. Numerous court decisions denied petitions of transgender women to change the name
and sex on the birth record. One such case was the 2007 Court decision denying the
petition of M.S. to change her name and sex from male-to-female after her sex-
reassignment surgery.9 The court cited the bible, “When God created man, He made
him in the likeness of God; He created them male and female. (Genesis 5:1-2)” violating
the constitutional guarantee on non-establishment of religion. While in the 2008 case of
J.C., the change of sex and name in the birth certificate of an intersex person was
granted by the SC because of the medical condition of the petitioner. 10 The lack of a
gender recognition law results in unequal protection of the law because there are some
cases when the lower courts have granted the change of name and sex based on the
change of sex of the person through surgery and when the rulings were not appealed by
Office of the Solicitor General, the petitioners were able to successfully change their
name and sex.11

11. As regards political participation, in 2009, the A.L. Partylist, a nationwide organization of
LGBTQI people running for party-list congressional seats in the 2010 elections, was
denied accreditation by the Commission on Elections (COMELEC) on moral grounds,
citing the Bible and the Koran, claiming that A.L. tolerates immorality, and that practicing
homosexuals are a threat to the youth. 12 In 2010, although the SC issued an injunction
against the COMELEC’s denial of A.L. Partylist’s registration, thereby, allowing the
accreditation of A.L., 1314
7
Note that under Philippine jurisdiction, same sex marriage refers to the religious act of union, while
Civil union creates a legal tie between the parties. Under the Family Code, one of the requisites of
marriage is that the contracting parties must be a male and a female and that it must be done in the
presence of a solemnizing officer. A civil union, on the other hand, only requires that the two parties—
regardless of whether they're of the same or opposite sex—will come together in the presence of a
duly licensed notary public. While same-sex marriage is still highly contentious, civil union is supported
and advocated by the LGBTQI community, rights groups and policymakers alike as it aims to provide
civil rights, benefits, and responsibilities to couples previously unable to marry, by giving them due
recognition and protection from the State.

8
Torres-Tupas, T., PH rejects same-sex marriage: We’re not ready for that, says DOJ’s Remulla,
November 21, 2022, available at https://newsinfo.inquirer.net/1696020/ph-rejects-same-sex-marriage-
were-not-ready-for-that-says-dojs-remulla#ixzz7psXBuezQ
9
http://sc.judiciary.gov.ph/jurisprudence/2007/october2007/174689.htm ; See R.J. D.S. vs. Republic of
the Philippines (G.R. No. 174689, October 22, 2007)
10
Republic of the Philippines vs. J.C., G.R. No. 166676, September 12, 2008.
11
A Manila Regional Trial Court judge granted the change of name and sex of a petitioner based on sex
reassignment without the Office of the Solicitor General appealing the decision.
12
Philippines: Gays Legally Deemed Immoral and a Danger to Youth. Virginia M. Moncrieff. Nov. 22,
2009. http://www.huffingtonpost.com/virginia-moncrieff/philippines-gays-legally_b_367017.html
13
A.L. vs. COMELEC (G.R. No. 190582).
14
The Supreme Court included in the decision reference to LGBTQI persons that tend to diminish LGBTs
rights stating, “x x x not everything that society – or a certain segment of society – wants or demands
is automatically a human right. This is not an arbitrary human intervention that may be added to or
subtracted from at will. It is unfortunate that much of what passes for human rights today is a much
broader context of needs that identifies many social desires as rights in order to further claims that

3
 II. Are there any ways in which the right to freedom of religion or belief, and
freedom from violence and discrimination based on sexual orientation and
gender identity are mutually reinforcing?

III. Are there examples where gender and sexual diversity has been used in
religious, traditional, or indigenous narratives or values in a manner which
promotes the acceptance of LGBTQI individuals, or protects LGBTQI
individuals from violence and discrimination? Has this informed any legal
interventions or public policies?

13. Despite opposition from religious groups and the lack of a national anti-discrimination
law, there are some legislative measures protecting people of diverse SOGIE from
gender-based violence. Over 20 local government units (LGU) have passed local anti-
discrimination ordinances.15 However, not all ordinances have implementing rules and
regulations (IRR), thus the rest of LGUs have no clear direction on how these will be
implemented.16

14. In 2019, the Safe Spaces Act (SSA) or Republic Act No.11313 17 was enacted. The law
defines and penalizes all forms of sexual harassment in streets, public and online
spaces, and educational and training institutions. Sexual harassment includes catcalling,
misogynistic, transphobic, homophobic, and sexist slurs. 18.

15. In 2017, the Department of Education issued DepEd Order No. 32, s. 2017 19or the
“Gender Responsive Basic Education Policy”. This enables the Department to integrate
the principles of gender equality, gender equity, gender positivity, non-discrimination,
and human rights in the provision and governance of basic education as to ensure that
all learners are “protected from all forms of gender-related violence, abuse, exploitation,
discrimination and bullying, and to promote gender equality and non-discrimination in all
governance levels.” This paved the way for a recent directive from the DepEd allowing
students to wear clothes that are aligned with their sexual orientation and gender

international law obliges states to sanction these innovations. This has the effect of diluting real
human rights and is a result of the notion that if “wants” are couched in “rights” language, then they
are no longer controversial. (See: En Banc G.R. 190582 April 8, 2010, pages 19-20.)
15
CHR, Statement of Executive Director, Atty. Jacqueline Ann de Guia, commending new LGUs that
passed measures promoting the rights of the LGBTQI community, 30 June 2022, available at
https://chr.gov.ph/statement-of-executive-director-atty-jacqueline-ann-de-guia-commending-new-lgus-
that-passed-measures-promoting-the-rights-of-the-lgbtqi-community/ (last accessed 9 January 2023)
16
While this is a positive development, the ordinances remain limited in jurisdiction. These ordinances
can only provide legal protection to less than 15% of the total population
17
RA 1131, An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online,
Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing
Penalties Therefor, available at https://lawphil.net/statutes/repacts/ra2019/ra_11313_2019.html
18
In 2021, the Civil Service Commission (CSC) issued Resolution No. 2100064 amending relevant
provisions in the 2017 Rules on Administrative Cases in the Civil Service (RACCS) to further deter
sexual harassment in the public sector and to harmonize with RA 11313. Under the resolution, the
penalty for sexual harassment ranges from a reprimand to outright dismissal from the government
service.
19
Department of Education Order No. 32, s. 2017, available at
https://www.deped.gov.ph/2017/06/29/do-32-s-2017-gender-responsive-basic-education-policy/

4
 identity. This update in policy demonstrates that academic institutions in the country are
becoming a safe space for academic freedom and gender expression.

16. Some universities and educational institutions in the Philippines have already recognized
students’ rights to non-conforming gender names, pronouns and titles. This enables
students to freely express their gender through the use of their lived names in academic
settings. 20

IV. What are the key trends or significant instances of discriminatory or abusive
practices by individual providers of goods or services in the public sphere
against LGBTQI and gender-diverse persons that rely on religious narratives?

V. Has the State adopted, in public policy, legislation or jurisprudence, norms

purportedly based on protecting freedom of religion or belief that promote,
enable and/or condone violence and discrimination against individuals based
on sexual orientation or gender identity? If so, please give examples, with
commentary as needed to explain context, scope, and application.

VI. Has there been any legal challenge to these policies/provisions under any
domestic, regional, or international human rights provisions? If so, state the
outcome and rationale of the case. If not, provide your opinions as to why
such a challenge has not yet been brought.

18. Gender-based violence and discrimination complaints have been raised to CHRP
particularly on the insensitivity and/or ignorance of duty bearers in responding to
violence experienced by LGBTQI persons. The forms of violence included physical
violence, verbal and emotional violence, violence in the name of religion, violence in
schools and sexual violence.

19. In the absence of national anti-discrimination law, many LGBTQI victims refrain from
reporting untoward incidents for fear of further harassment, prejudicial treatment or
violent reprisal. Resultantly, LGBTQI people are left without protection as access to
justice and remedies remain elusive. Furthermore, the absence of government-
generated data on LGBTQI people has rendered the community invisible to
policymakers and many government duty bearers.

20. The long-pending SOGIE Equality Bill has been languishing in Congress for many years
now because of religious groups and organizations opposing the bill due to their belief
that it runs counter to biblical teachings and is discriminating against heterosexuals. A
church-based family-oriented group even made remarks that necrophilia and pedophilia
are sexual orientations supposedly endorsed by the LGBTQI community. A leader of a
religious congregation who is also now a Congressman suggested that emotional,
psychosocial, and spiritual rehabilitation should be given to the LGBTQI community.21

20
Goodnews Pilipinas, UP Diliman affirms students’ rights to non-conforming gender names, titles,
available at https://www.goodnewspilipinas.com/up-diliman-affirms-students-rights-to-non-conforming-
gender-names-titles/
21
Mata, N., LGBTQI groups slam ‘glaringly dangerous’ comments on SOGIE bill at House hearing,
November 7, 2020, available at https://www.rappler.com/moveph/lgbtq-groups-slam-officials-
dangerous-comments-sogie-bill

5
 21. The Catholic Church opposes sex outside of marriage and fears sex education will
increase sexual relations especially among the youth. The Catholic Church consequently
remains critical of the Responsible Parenthood and Reproductive Health (RPRH) law 2223
and this opposition hinders the full implementation of the law especially with respect to
sex education. The Church also strongly opposes the distribution of contraceptives
especially in schools. The Church prefers that parents teach their kids about
reproductive health; however, many families are either unequipped to do so or would
rather not address the subject with their children. 24

22. In 2016, CHRP launched its National Inquiry report on reproductive health rights 25. The
inquiry revealed policies and practices that negatively impact women, especially the
most marginalized. For LGBTIQ persons, the stigma borne by their sexual orientation
and gender identity continue to hinder sensitive delivery of reproductive health services
and information. In the same vein, access to reproductive health services and general
health services of persons with HIV are affected by the stigma attached to HIV and the
lack of awareness and training of health workers on HIV.26

23. While the Philippine HIV and AIDS Act has removed the requirement for parental
consent for HIV testing for people 15-17 years of age 27, access to treatment is still an
issue since parental consent is still being required for HIV treatment.28
22
In 2012, the Philippines enacted Republic Act No. 10354, otherwise known as the Responsible
Parenthood and Reproductive Health Act (RPRH Act) which guarantees “universal access to medically-
safe, non-abortifacient, effective, legal, affordable, and quality reproductive health care services,
methods, devices and supplies”. However, following its enactment, conservative religious and anti-
reproductive rights groups challenged the constitutionality of the Act resulting to the Supreme Court’s
imposition of a Temporary Restraining Order (TRO) on certain contraceptives which lasted for over two
(2) years
23
The Responsible Parenthood and Reproductive Health Law is a key legislation which interfaces with
several LGBTQI human rights issues, such as access to safe, appropriate and gender-responsive
medical and mental health services and information, reproductive health and sexuality education, and
gender equality. The law, however, does not mention LGBTQI s, nor nuance reproductive health from
the perspective of diverse SO-GIE. The invisibility of LGBTQI in the law has resulted in its narrow
interpretation covering only heterosexual relations, and reinforcement of heterosexist ideas of
sexuality, parenthood and families.
24
The Borgen Project, Sex Education in the Philippines, available at https://borgenproject.org/sex-
education-in-the-philippines/#:~:text=The%20Philippines%20passed%20the%20Responsible,students
%20ages%2010%20to%2019
25
The inquiry looked in to the barriers some women face when accessing reproductive health. Fifteen
regional consultations were held across all of the Commission’s regional offices, hearing from a wide
range of groups, including persons with disabilities, LGBTIQ people and indigenous peoples. In sum,
the national inquiry documented uneven implementation and support for the Reproductive health law,
primarily due to decentralization and the autonomy of local government which has largely fragmented
the delivery of health services.
26
Commission on Human Rights, Inputs on Protection Against Violence and Discrimination based on
Sexual Orientation and Gender Identity, 2017
27
The RA 11166 or the Philippine HIV and AIDS Policy Act is also among the handful of legislation that
recognizes sexual orientation, gender identity and expressions as grounds for discrimination. As a new
law, it strengthens the government’s response to the rapidly growing HIV epidemic in the country
through evidence-based prevention mechanisms, free and accessible testing and treatment, as well as
more comprehensive services for people living with HIV, including minors. One of its strongest points is
that it allows minors of fifteen to seventeen years old to give their own consent to HIV testing, in place
of the parental consent requirement in the previous law. Further, children below fifteen years old who
are pregnant or engaged in high-risk behavior can also provide their own consent
28
Commission on Human Rights, The Situation of LGBTQI Children in the Philippines, December 2019,
available at https://chr.gov.ph/wp-content/uploads/2022/06/2019.-THE-SITUATION-OF- LGBTQI -

6
 24. In 2020, CHRP called out Assumption Iloilo, a private Catholic school in Iloilo City, a city
that had passed an ordinance penalizing acts that discriminate against members of the
lesbian, gay, bisexual, and transgender (LGBT) community. CHRP issued the statement
after the school got flak for tagging “homosexuality” as “immoral” and thus including it as
a ground for expulsion, as stated in its handbook for employees and students.29

25. During the height of the COVID-19 Pandemic, members of LGBTQI group experienced
abuses as punishment for violating lockdown protocols and for exercising their rights and
for voicing out their dissent towards a particular law. The Philippine authorities used
humiliation and other degrading acts, such as dancing and kissing, to punish quarantine
violators who happened to be LGBTQI members. Some members also experienced a
crackdown when they held a protest against the passage of the Anti-Terror law 30. Such
conditions for LGBTQI members of the community are not new. They are often
humiliated, ostracized, discriminated against, and worst, killed by either members of the
family or the public.31

26. In 2021, CHRP noted several cases of discrimination against members of the LGBTQI
Community. Foremost in the list is the killing and rape of a transmasculine person in
Quezon City. Another is the case of discrimination against 6 women in Ampatuan,
Maguindanao. In this case, the hair of six women between the ages of 16 and 20 were
publicly shaved for being lesbians. The reason cited is that Islam prohibits and does not
accept homosexuality. It was also reported that the shaving stemmed from a parents’
complaint. In response to this, CHRP’s regional office in Region XII 32 coordinated with
the Human Rights Commission of BARMM33 to conduct monitoring and investigation of
the case.34

27. In June 2022, CHRP issued a statement calling for LGBTQI rights protection and non-
discrimination. In the statement, CHRP defended a transgender blogger who has been
subjected to discrimination while serving as a guest speaker during a graduation
ceremony. 35

CHILDREN-IN-THE-PHILIPPINES-A-Report-by-the-Commission-on-Human-Rights-December-2019.pdf
(last accessed 10 January 2023)
29
Inquirer.net, CHR warns Iloilo school: Ordinance penalizes discrimination vs LGBT, 2020, available at
https://newsinfo.inquirer.net/1319121/chr-warns-iloilo-school-ordinance-penalizes-discrimination-vs-
lgbt.
30
An Act to Prevent, Prohibit and Penalize Terrorism, Thereby Repealing Republic Act No. 9372,
Otherwise Known as the Human Rights Security Act of 2007 [RA 11479], available at
https://lawphil.net/statutes/repacts/ra2020/pdf/ra_11479_2020.pdf
31
Commission on Human Rights, Addressing Inequality During the Pandemic, 2021, available at
https://chr.gov.ph/wp-content/uploads/2022/05/CHR-Report-Addressing-Inequality-During-the-
Pandemic.pdf
32
Soccsksargen, formerly known as Central Mindanao, is an administrative region of the Philippines
33
Bangsamoro Autonomous Region in Muslim Mindanao
34
Commission on Human Rights, Gender Ombud Situationer First Semester of 2021, available at
https://chr.gov.ph/wp-content/uploads/2022/06/2021.Gender-Ombud-1stQ-Sit-2021.pdf
35
Philippine News Agency, CHR calls for LGBTQI rights protection, non-discrimination, June 9, 2022,
available at https://www.pna.gov.ph/articles/1176292.

7
 VII. Are there any examples of State restrictions based on preventing violence
and/or discrimination against LGBTQI persons that prohibit or limit practices
undertaken in the name of the religion or spirituality, such as public
accommodation non-discrimination protections? If so, have they been legally
challenged on the basis of freedom of religion or belief? If yes, explain the
outcome and rationale of the case(s).

VIII. What role (if any) has the concept of conscientious objection played in limiting
the full enjoyment of the right to freedom from violence and discrimination on
the basis of sexual orientation and gender identity?

IX. Has the scope and application of conscientious objection been sufficiently
defined, limited, and/or regulated so as to strike a fair balance between
manifestation of one’s freedom of religion or belief, and freedom from violence
and discrimination based on SOGI? Where the doctrine is invoked to permit
the withholding of goods or services to members of the LGBTQI community
(such as in the context of sexual and reproductive healthcare, provision of
marriage licences, access to consumer goods, etc.), do State laws provide
alternative access to goods or services?

27. On the matter of reproductive health rights, in 2014, the SC, in the case of Imbong vs.
Ochoa ruled on the constitutionality of the RPRH Act declaring several key provisions of
the law as unconstitutional. Resultantly, health care providers, invoking the principle of
“conscientious objection”, are given the freedom to refuse to provide RH-related
services, but only in non-emergency cases, in which case, they are under no obligation
to refer women seeking modern contraceptives to alternative health care providers. To
minimize encumbrance to clients brought about by the exercise of conscientious
objection, in 2015, the Department of Health issued Administrative Order No. 2015-0037
Re: Guidelines on the Registration and Mapping of Conscientious Objectors and Exempt
Health Facilities Pursuant to the RPRH Act.36 This aims to ensure that the delivery of the
full range of reproductive health services would not be impeded at the service delivery
points. It also allows for the appropriate referral mechanisms to avoid delays in service
provision.

28. In terms of identification in legal documents, unlike in other progressive jurisdictions

where citizens are able to change entries in legal documents aside from clerical errors,
such does not apply in Philippine setting. There are no options for transgender people to
change their first names or their gender markers on official documents, as there is no
legal gender recognition law, policy, or regulation enabling this to happen

X. Where State legislation or policy requires the reasonable accommodation of

religious beliefs, practices, and/or institutions, are there instances where such
laws or policies limit freedom from violence and discrimination against LGBTQI
and gender-diverse persons? These may include but are not limited to
exemptions from non-discrimination legislation, and/or accommodations within
the workplace, educational institutions, healthcare-settings, the justice system,
etc. Are there reports of violence, spiritual abuse, and/or other forms of
36
This Order provides the standards and management protocols in which conscientious objectors and
facilities exempted can register themselves and be mapped for program planning purposes.

8
 discrimination against LGBTQI and gender-diverse persons because of these
practices?

XI. Good Practices:

a. Provide any examples of good practice – at the international, national or local

level – where State and non-State actors (including faith leaders, groups and
organisations, international organisations, civil society organisations, and the UN
human rights system) have taken effective measures to protect and promote
freedom of religion or belief of LGBTQI and gender-diverse persons, and made
efforts to prevent, mitigate and respond to any violence and/or discrimination
justified in the name of religion.
b. Provide any examples of measures by State or non-State actors to ensure
effective participation of people with diverse gender identities and sexual
orientations in religious, cultural, social, and public life. Please provide relevant
examples where LGBTQI people have asserted their individual or collective rights
to access (or establish) religious or spiritual frameworks and institutions.

29. In December 2022, the SOGIE anti-discrimination bill37 hurdled the Senate panel as 19
out of 24 senators approved the bill on second reading. Its counterpart in the House of
Representatives, however, remains pending at the Committee level.

30. In 2019, a nun from an education-oriented Catholic religious congregation defended the
SOGIE equality bill, saying that it does not give any special rights to the LGBTQI
community and that the bill primarily recognizes the rights of LGBTQI community as
citizens of the country. As a religious nun, she believes in the dignity of every person
and that all of us are made in the likeness of God. A pastor from the oldest protestant
seminary in the Philippines said that the SOGIE equality bill represents what most
religions advocate, which are human equality, human dignity, and human rights. 38

31. Lobbied alongside the SOGIE Equality Bill is the Comprehensive Anti-Discrimination Bill
(CADB).39 As part of lobbying efforts, a Stop the Discrimination Coalition was formed
which included CHRP. The coalition is joined by religious groups who are supportive of
the measure and who attended dialogues with other groups in order to strengthen
support for the passage of the bill. The conduct of interfaith dialogues including the
CADB community-based dialogues provided a comprehensive view of discrimination,
cognizant of intersectionality, and including religious views and support for the measure.
Despite the efforts of the group for several congresses past however, the CADB remains
pending.

32. The Philippine Congress, recognizing the fact that there is an absence of government
mechanisms to monitor the incidence of violence against members of the LGBTQI
community, is working towards the passage of an act establishing LGBTQI protection
37
SOGIE equality bill seeks to define, prohibit, and penalize situations and practices of discrimination
on the basis of SOGIE as well as promote and protect the rights of LGBTI.
38
CNN Philippines, Some Religious Leaders back SOGIE Bill, available at
https://cnnphilippines.com/news/2019/9/4/SOGIE-bill- LGBTQI -discrimination-religious-groups.html?
fbclxml:id=IwAR1r4KDU5aA5RyfHTV7Ryodf1u37kCo_DjMlvfF5Tpp5w8cyk0tP1Wiypgc
39
The proposed Comprehensive Anti-Discrimination Bill (CADB) covers discrimination not only on the
basis of SOGISC but also of religion, ethnicity, ability, age as protected grounds

9
 desks in all Philippine National Police (PNP) nationwide. The objective of the proposed
law is to encourage members of the LGBTQI community to report the incidents of crime
committed against them and to discourage further harassment and prejudicial treatment.
4041

33. In February 2022, CHRP issued a statement 42 expressing support towards the LGBTQI
Commitment Ceremony which was held in Quezon City. The event was organized to
celebrate the love of LGBTQI couples and convey assurance of the protection of their
rights in accordance with the city’s Gender Fair Ordinance.

34. There are continuing efforts for the amendment of current laws which have
discriminatory provisions such as the Family Code and the Revised Penal Code. The
increasing number of legislations that consider the rights of LGBTQI persons reflect a
trend of acceptance and recognition by the Philippine government of the issues faced by
the community. The strong advocacy and efforts of gender rights activists played a
substantial part in this advancement.

40
Aranja, R., Congress Approves Creation of PNP desks for LGBTs, November 2016, available at
https://manilastandard.net/news/top-stories/221945/congress-approves-creation-of-pnp-help-desks-for-
lgbts.html
41
House Bill No. 3702, available at
https://hrep-website.s3.ap-southeast-1.amazonaws.com/legisdocs/basic_19/HB03702.pdf
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Commission on Human Rights, Statement of CHR Spokesperson Atty. Jacqueline Ann de Guia, in
support of the LGBTQI A Commitment Ceremony in Quezon City, 2022, available at
https://chr.gov.ph/statement-of-chr-spokesperson-atty-jacqueline-ann-de-guia-in-support-of-the-
lgbtqia-commitment-ceremony-in-quezon-city/

10