Republic of the Philippines

[CITY/PROVINCE/MUNICIPALITY]

IMPLEMENTING RULES AND REGULATIONS

Pursuant to Ordinance No Sp-XXXX, Series of 20XX

“AN ORDINANCE PROVIDING FOR A COMPREHENSIVE ANTI- DISCRIMINATION POLICY IN THE

BASIS OF SEXUAL ORIENTATION, GENDER INDENTITY AND EXPRESSION (SOGIE).[OR WHATEVER
YOUR LONG TITLE IS]”

Rule I

GENERAL PROVISIONS

Section 1. Title. These rules shall be known and cited as the Implementing Rules and Regulations of
Ordinance No Sp-XXXX, Series of 20XX otherwise known as “[SHORT NAME OF ORDINANCE]”

Section 2. Declaration of Policy. It is hereby declared a policy of [CITY/PROVINCE/MUNICIPALITY] to

actively work for the elimination of all forms of discrimination that violate the equal protection
clause enshrined in the Constitution, the Yogyakarta Principles; and to value the dignity of every
person, guarantee full respect for human tights and give the highest priority to measured that
protect and enhance the right of all people; regardless of Sexual Orientation, Gender Identity, and
Expression (SOGIE).

The City Government also recognizes the social, economic, cultural and political potentials that will
allow people with diverse SOGIE to achieve their full participation in development and in the
exercise of their human rights. Thus, towards this end, the [CITY/PROVINCE/MUNICIPALITY]
Government shall pursue and implement vigorously the Constitution, the provision of the Universal
Declaration of Human Rights, Convention on the Elimination of All Forms of Discrimination against
Women, the Yogyakarta Principles, and other international human rights declarations guaranteeing
human rights for all, particularly for LGBT persons.

Section 3. Purposes. This Implementing Rules and Regulations (IRR) shall pursue the following
purposes:

3.1 Legal. These rules shall provide legal protection to any member of the LGBT community
and prevent them from suffering from any perceived or real threat. It is the right of every
victim or violence and discrimination to seek professional psychological support and police
protection.

3.2 Development. These rules shall provide guidance and measure that will promote and
protect the right of all LGBT persons regardless of socio-economic class, age, race, ethnicity,
ability or other status, and mobilize and substantially enhance their participation in the
development process.
 3.3 Socio-cultural. These rules shall provide a holistic environment for the LGBT community
that will give them equal opportunity to grow personally, culturally, and spiritually.

Section 4. Construction. These rules and Regulations shall be liberally construed to promote the
protection and safety of LGBT persons. All doubts in the implementation hereof shall be resolved in
favour of LGBT persons consistent with the spirit and letter of the Ordinance.

Rule II

DEFINITION OF TERMS

Section 5. Definition of Terms. For purposes of these Rules, the following terms shall be mean,
construed and defined as follows:

5.1 PERSONS OF DIVERSE SEXUAL ORIENTATION, GENDER IDENTITY AND EXPRESSION -

refers to a diverse and complex range of identities based on sexual orientation, gender
identity and expression (hereinafter “SOGIE”). These include, but are not limited to, lesbians,
gays, bisexuals, transgender people, and queer persons.

5.2 LESBIAN - describes a woman who is emotionally, romantically, and/or sexually attracted
to women;

5.3 GAY - describes a man who is emotionally, romantically, and/or sexually attracted to
men;

5.4 BISEXUAL - describes a person who is emotionally, romantically, and/or sexually

attracted to men and women;

5.5 SEX ASSIGNED AT BIRTH - the designation of male or female that infants are
assigned usually based solely on the appearance of external anatomy and without
consideration of other sex characteristics such as chromosomes, gonads, gene expression,
internal reproductive organs, brain structure and hormone levels.

5.6 TRANSGENDER - describes a person who identifies as a gender other than their assigned
sex at birth. Transgender does not imply any specific form of sexual orientation; transgender
people may identify as heterosexual, homosexual, bisexual, or other sexual orientations.
The precise definition for transgender remains in flux, but includes:

5.6.1 Those relating to, or designating a person whose identity does not conform
unambiguously to conventional notions of male or female gender roles, but
combines or moves between these;

5.6.2 People who were assigned a sex, usually at birth and based on their genitals,
but who feels that this is a false and incomplete description of themselves;

5.6.3 Non-identification with, or non-presentation as the sex (and assumed gender)

on was assigned at birth.
5.7 GENDER - refers to the socially constructed difference between men and women.
Differences are created artificially, partly through socialization and partly through positive
and negative discrimination in the various institutions and structures in society.

It also refers to the roles and responsibilities of men and women that are created in the
family, society and culture. The concept of gender includes the expectations held about the
characteristics, aptitudes and likely behaviours of both women and men (femininity and
masculinity). Gender roles and expectations are learned. They can change over time and
they vary within and between cultures. Systems of social differentiation such as political
status, class, ethnicity, physical and mental disability, age and more, modify gender roles.
The concept of gender is vital because, applied to social analysis; it reveals how women’s
subordination (or men’s domination) is socially constructed. As such, the subordination can
be changed or ended. Gender is not biologically predetermined nor it is fixed forever.

5.7 GENDER AND DEVELOPMENT (GAD)- refers to the development perspective and process
that is participatory and empowering, equitable, sustainable, free from violence, respectful
of human rights, and supportive of self-determination and actualization of human
potentials. It seeks to achieve gender equality as a fundamental value that should be
reflected in development choices; seeks to transform society’s social, economic, and political
structures and questions the validity of the gender roles they ascribed to women and men;
contends that women are active agents of development and not just passive recipients of
development assistance; and stresses the need of women to organize themselves and
participate in political processes to strengthen their legal rights (MCW-IRR,2010)

5.8 GENDER MAINSTREAMING- refers to the strategy for making women’s as well as men’s
concerns and experiences and integral dimension of the design, implementation, monitoring
and evaluation of policies and programs in all social, political, civil, and economic spheres so
that women and men benefit equally and inequality is not perpetuated. It is the process of
assessing the implications for women and men of any planned action, including legislation,
policies, or programs in all areas and at all levels (MCW-IRR, 2010)

5.9 GENDER AND DEVELOPMENT MAINSTREAMING- refers to the process of integrating the
GAD framework in the local policy formulation, program and project development and
implementation for the City’s constituents. It also focuses on developing institutional
mechanisms and strategies to address specific gender issue or concerns, particularly on
addressing discrimination based on sexual orientation, gender identity and expression.

5.10 GENDER AND DEVELOPMENT BUDGET- refers to the allocation of funds for the
implementation of gender and development programs and projects. As stated in the law it
shall be at least five percent (5%) of the agency’s total budget appropriation to manifest
concrete support to deepen and further the integration of gender in all aspects of
development.

5.11 GAD FOCAL POINT- refers to the designated person or team in a particular department,
office, barangay local special body or any local governing unit who acts as lead in the GAD
mainstreaming within their respective offices.

5.12 SEXUALITY- a central aspect of being human throughout life, which encompasses sex,
gender identities and roles, sexual orientation, eroticism, pleasure, intimacy and
reproduction. Sexuality is experienced and expressed in thoughts, fantasies, desires, beliefs,
attitudes, values, behaviour, practices, roles and relationships. While sexuality can include all
of these dimensions, not all of them are always experiences or expressed. Sexuality is
influences by the interaction of biological, psychological, social, economic, political, cultural,
ethical, legal, historical, religious and spiritual factors.

5.13 MARGINALIZATION- refers to a condition where the whole category of people is

excluded from useful and meaningful participation in political, economic, social, and spiritual
factors.

5.14 MARGINALIZED- refers to the basic, disadvantaged, or vulnerable persons or groups

who are mostly living poverty and have little or no access to land and other resources, basic
social and economic services such as health care, education, water and sanitation,
employment and livelihood opportunities, housing, social security, physical infrastructure,
and the justice system. (MCW-IRR, 2010)

5.15 DISCRIMINATION BASED ON SOGIE- any distinction, exclusion or restriction made on

the basis of sex has the purpose or effect of impairing or nullifying the recognition,
enjoyment or exercise by persons of their rights irrespective of their sexual or gender status.

5.16 VIOLENCE BASED ON SOGIE- any act of gender-based violence that results in, or is likely
to result in physical, sexual or psychological harm or suffering to LGBT persons, including
threats of such act, coercion or arbitrary deprivation of liberty, whether occurring in public
or private life.

5.17 PARTNER ABUSE- Battering is any single or sporadic acts of violence which shall include
the repeated and habitual cyclic pattern as means of intimidation and imposition of the
batterer’s will and control over the survivor’s life.

5.18 PHYSICAL ABUSE AND BATTERING- this includes any form of inflicting wounds, pain,
etc on any part of the LGBT person’s body or the threat of physical violence.

5.19 SEXUAL HARRASMENT- It is a form of misconduct involving an act or a series of

unwelcome sexual advances, requests for sexual favors or other verbal or physical behaviour
of a sexual nature made directly or indirectly. Sexual harassment shall be unlawful in the
employment, education, or training environment as prescribed in RA 7877.

5.20 PHYSICAL VIOLENCE- refers to acts that include bodily or physical harm.

5. 21 SEXUAL VIOLENCE- refers to an act, which is sexual in nature, committed against an

LGBT person. It includes, but is not limited to:

5.21.1 Rape, sexual harassment, acts as lasciviousness. Treating an LGBT person as

a sex object, making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim’s body, forcing her/him to watch
obscene publications and indecent shows and or forcing the LGBT person to
indecent acts; and

5.21.2 Acts causing or attempting to cause the victim to engage in any sexual
activity by force, threat of force , physical or other harm or threat of
physical or other harm or coercion.

5.22 BULLYING- shall refer to any severe or repeated use by one or more persons of a
written, verbal or electronic expression, or a physical act or gesture, or any combination
thereof, directed towards an LGBT person that has the effect of actually causing or placing
the latter in reasonable fear of physical or emotional harm or damage to her/his property;
creating a hostile environment at school or workplace for the one being bullied; infringing on
the rights of the LGBT person; or materially and substantially disrupting the normal living
process or the orderly operation of a school or workplace; such as, but not limited to, the
following:

5.22.1 Any unwanted physical contact between the bully and the victim like
punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting
school pranks, teasing, fighting and the use of available objects as weapons;

5.22.2 Any act that causes damage to a victim’s psyche and or emotional well-being;

5.22.3 Any slanderous statement or accusation that causes the victim undue
emotional distress like directing foul language or profanity at the target
name-calling, tormenting, and commenting negatively on victim’s looks,
clothes and body; and

5.22.4 Cyber-bullying or any bullying done through the use of technology or any
electronic means.

5.23 PSYCHOLOGICAL/MENTAL VIOLENCE- refers to acts or omissions causing or likely to

cause mental or emotional suffering to the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation and repeated verbal
abuse. It includes causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets.

5.24 NON-GOVERNMENTORGANIZATIONS (NGOS) - refers to organizations, or groups of

women, men, or mixed groups with track record in gender programs and projects, and hols
offices and/or serve constituencies in [CITY/PROVINCE/MUNICIPALITY].

5.25 PEOPLE’S ORGANIZATIONS (POS) - refers to grassroots organizations of women/men,

or mixed groups including LGBTQ organizations, with track record program, planning and
development which have direct or indirect services for the LGBTQ community, and hold
offices and have regular constituency in [CITY/PROVINCE/MUNICIPALITY].

5.26 DISCRIMINATION- shall mean any distinction, exclusion, restriction, or preference

made on the basis of sexual orientation and gender identity and expression (SOGIE) which
has an effect of or purpose of impairing or nullifying the recognition, enjoyment, or exercise
by a person, group of persons, or institutions of their human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other field, especially
including but not limited to, employment, livelihood, education and basic services.

5.27 SEX - refers to human and civil status of a person acquired by birth having organ and
system of reproduction.

5.28 SEXUALITY- a central aspect of being human throughout life encompasses sex, gender
identities and roles, sexual orientation, eroticism, pleasure, intimacy and reproduction.
Sexuality is experienced and expressed in thoughts, fantasies, desires, beliefs, attitudes,
values, behaviours, practices, roles and relationships. While sexuality can include all of these
dimensions, not all of them are always experienced or expressed. Sexuality is influenced by
the interaction of biological, psychological, social, economic, political, cultural, legal,
historical, religious and spiritual factors. (WHO, 2006a).
5.29 SEXUAL ORIENTATION- refers to each person’s capacity for profound emotional and
sexual attraction to, and intimate and sexual relations with the same gender or more than
one gender.

5.30 GENDER IDENTITY- refers to each person’s deeply felt internal and individual
experience of gender, which may or may not correspond with sex assigned at birth including
the personal sense of the body (which my involve, if freely chosen, modification of the bodily
appearance or function by medical, surgical or other means) and other expressions of
gender, including dress, speech and mannerisms.

5.31 GENDER EXPRESSION- is how a person publicly presents one’s gender. This can include
behaviour and outward appearance such as dress, hair, make-up, body language, and voice.
A person’s chosen name and pronoun are also common ways of expressing gender.

5.32 GENDER MAINSTREAMING- refers to the strategy for making lesbian, gay, bisexual, and
transgender (LGBT) person’s concerns and experiences to become an integral dimension of
the design, implementation, monitoring and evaluation of policies and programs in political,
economic, and societal spheres so that LGBT persons benefit equally and inequality is not
perpetuated. It is the process of assessing the implications for LGBT persons of any planned
action, including legislation, policies, or programs in all areas and at all levels.

5.33 GENDER AUDIT- refers to a form of “social audit or “quality audit” which determines
whether the organizations internal practices and related support systems for gender
mainstreaming are effective and are reinforcing each other and are being followed. This tool
or process assists organizations in establishing a baseline, identifying critical gaps and
challenges, and recommending ways of addressing them.

5. 34 EDUCATION- refers to all types and levels of education, and includes access to
education, the standard and quality of education, and the conditions under which it is given.

5.35 EMPLOYMENT- existence of an employer-employee relationship, which is determined

by the four-old test: 1) selection of the employee; 2) payment of wages; 3) power of
dismissal; and 4) power of control. This definition shall apply to regular, probational,
contractual, seasonal, and project-based workers, in legitimate contracting arrangements,
the contractor shall be deemed the employer of the contractual employee.

5.36 ACCOMMODATION- includes a house, apartment, condominium, townhouse, flat,

boarding house, hotel and dormitory, which are open to the general public. It shall also
include the grant of license, clearance, certification or any other document issued by
governmental authorities or other private or juridical entities.

5.37 GOODS AND SERVICES- includes but shall not be limited to establishments, individuals
and groups of individuals supplying physical goods and services such as restaurants, resorts,
hotels, clubs and shopping malls as well as those providing clearing repair, maintenance,
construction, financial, health, transportation and public utility services.

5.38 PUBLIC RIDICULE- an act of making fun or contemptuous imitating or making mockery
of persons whether in writing, or in words, or in action of the basis of actual or perceived
SOGIE.

5.39 VILIFICATION- the utterance of slanderous and abusive statements done in any activity
in public, which incites hatred towards, serious contempt for, or severe ridicule towards any
LGBTQ person on the basis of actual or perceived SOGIE.
 RULE III

PUNISHABLE ACTS/ ACTS OF DISCRIMINATION

Section 6. Discrimination is committed when a person treats another less favourably on the
basis of actual or perceived SOGIE, than a person treats you or would treat another without that
attribute, on the same or similar circumstances in employment, education, accommodation, delivery
of services, and in other areas, to wit:

Section 7. Discrimination in Employment. It shall be unlawful for any employer to

discriminate against any person or group of persons on the basis of actual or perceived SOGIE, in
public or private employment by:

7.1 Denying or limiting rights to trainings, recruitments, promotion, remuneration and other
terms and conditions of employment;

Employers shall have a clear set of guidelines that will not discriminate its employees in
matters of SOGIE. Specific instances of discrimination include:

7.1.1 Preventive Measures

7.1.1.1 Causing physical harm or threat to any LGBTQ employee;

7.1.1.2 Imposing hetero-normative uniforms, acts and language; and

7.1.1.3 No employee shall be denied of any privileges, promotions,

incentives, opportunities and advancements on the basis of
stereotyping LGBT as being inappropriate for the position or
opportunity.

Employers caught in violation of this rule shall be:

7.1.2 Punitive Measures

7.1.2.1 Employers violating the rules stated in the ordinance above shall be
called to attention for their wrongdoings and be made to explain in
writing;

7.1.2.2 if found to be in violation of rules, for the first offense, employers

shall be given a warning, and mandatory gender-sensitivity training
to ensure that the incident shall not escalate or be repeated;
payment for seminar shall be shouldered by the employers; for
companies that have not undergone GST, all employers and
employees shall attend the GST; but for those who have under gone
the GST, only those who are in violation and affected and the
immediate supervisors shall attend.
nd
7.1.2.3 If found with a second (2 ) violation, employers shall be fined by PhP
1000;
 rd
7.1.2.4 If found with a third (3 ) violence, resort to business permit
suspension and depending on the gravity of the case, revocation
shall be applied.

Employees who find themselves in a situation where there is perceived or real discrimination may
resort to the following measures:

7.1.3 Prescriptive Measures:

7.1.3.1 File a complaint with the XXPC for review of the case and, after review,
for recommendation to the appropriate government agency;

7.1.3.2 In cases of immediate attention due to physical or psychological coercion

or threat, the complainant shall be directed to QC Protection Center.

7.1.4 Reparative Measures:

7.1.4.1 Incorporate in Human Resources (HR) policies programs on how to repair

strained relations between employer and employee. This shall be under
the supervision and control of the Public Employment Services Office
(PESO).

7.1.4.2 Denying or limiting opportunities to favourable terms and conditions of

employment which afford employee advancement, in all areas of public
service, including all levels of government service and employment in
[CITY/PROVINCE/MUNICIPALITY].

7.1.4.3 Excluding membership in Labor unions or similar organizations.

7.1.4.5 Dismissing the employee or subjecting the employee to any other

detriment on the basis of actual or perceived SOGIE.

Section 8. Discrimination in Education. It shall be unlawful for an educational institution,

both public and private, along with the institution’s officers and employees, to discriminate against a
person on the ground of actual or perceived SOGIE thereof by:

8.1 Unduly delaying, refusing, or failing to accept a person's application or admission as a student,
without prejudice to the right of educational institutions to determine the academic qualifications of
their student.

8.2 Providing onerous or unjust terms and conditions for admission of a person as a student;

8.3 Denying or limiting the students access to any benefit provided by the educational authority;

8.4 Expelling or subjecting the student to any penalty or any other detriment on the basis of actual
or perceived SOGIE;

8.5 Refusing admission, denying acceptance or expelling or dismissing a student from academic,
socio-civic organization and associations on the basis of actual or perceived SOGIE; and
8.6 Subjecting any student to harassment, bullying, or any threat of physical, mental, and verbal
violence, intimidation or other threatening disruptive behaviour committed by teachers, professors,
trainors, administrators or students.

Section 9. Discrimination in Socio-Cultural Activities

9.1 Denying access to socio-cultural resources, activities and benefits that will deprive LGBT
persons of advancements in their personal or community development and progress.

9.2 Depriving LGBT persons of rights to equal opportunities in socio-cultural activities in the
form of benefits, grants, scholarships, incentives, recognitions and other beneficial opportunities
due to their SOGIE.

Section 10. Discrimination in the Delivery of Goods or Services. It shall be unlawful for a
person, natural or juridical, whether as principal or agent, to discriminate against LGBT persons on
the ground of actual or perceived SOGIE by:

10.1 Refusing to provide goods or services and/or imposing onerous terms and conditions to
LGBT persons on the ground on one's actual or perceived SOGIE as a prerequisite for
providing such goods or services where the said terms and conditions are not imposed on
other persons under the same or similar circumstances.

10.2 Denying LGBT persons' access to health services and facilities, health insurance, and
other related benefits as provided under the law.

10.3 Depriving LGBT persons to benefit from and participate in public events and gathering
to enjoy socio-cultural benefits such as holding activities specific to their community or
receiving government's incentives due to their actual or perceived SOGIE.

Section 11. Discrimination in Accommodation. It shall be unlawful for a person, natural or

juridical, whether as principal or agent, to refuse or limit access to any benefit associated to
accommodation, on the ground of actual or perceived SOGIE.

11.1 Refusing or failing to allow any person to avail or services or accommodation in an

apartment, condominium, townhouse, flat, hotel, transient houses, inn, dormitory, boarding
houses, and any other places of dwelling being rented out or offered to a public or for a fee;

11.2 Denying an application for a license, clearance, certification or any other document issued by
the government authorities or other private or juridical entities for housing accommodation on the
basis of actual perceived SOGIE.

Section 12. Verbal, Non-Verbal Ridicule and Vilification. Any person, natural or juridical, is
prohibited from vilifying or ridiculing any person on the basis of actual or perceived SOGIE, which
could result in the loss of self-esteem of the latter through any of the following acts:

12.1 Making fun contemptuous imitating or making a mockery whether in writing, or in words, or in
action; even through jokes in a manner that is degrading resulting to the embarrassment of the
person in front of two or more persons;
 12.2 Uttering of slanderous and abusive statements, such as not limited to (i)calling a person by
verbal slurs alluding to their SOGIE in public which results to humiliation; (ii)using the SOGIE of a
person as an example in a a manner that is embarrassing or humiliating to the dignity of the persons.

12.3 Executing any activity in public which incites hatred towards, serious contempt for, or severe
ridicule of a person, such as but not limited to mobilizations in opposition to activity promoting
equal rights for all.

12.4 Doing any other analogous act/s of ridicule in any time and place which could intimidate or
result in loss of self-esteem of a person/s, such as but not limited to religious sermons or other
public speeches that downgrade LGBT persons.

Section 13. Harassment, Unjust Detention and Involuntary Confinement. It shall be

unlawful to commit harassment, unjust detention and involuntary confinement because of one's
actual or perceived SOGIE.

Section 14. Disallowance from Entry and Refusal to Serve.

14.1 it shall be unlawful to refuse entry and/or disallow a person or group of persons from entering
my establishments such as restaurants, bars, stores,movie houses, shopping malls, fitness centers,
and places of entertainment and other businesses which are open to the general public;

14.2 And/or to refuse to attend to, or serve any orders of food, drinks and other goods, consumable
and non-consumable;

14.3 Or to subject one to discrimination or harassment in buses, taxis, ships, airplanes, on the basis
of actual or perceived SOGIE.

Section 15. Promotion of Discrimination against LGBT Persons. It shall be unlawful to

organize groups and activities which promote and incite discrimination against persons based on
actual or perceived SOGIE.

Section 16. Analogous Acts. Any act of discrimination or harassment based on actual or
perceived SOGIE, which demeans the dignity and self-respect of a person or impairs, mars, reduces
or nullifies the recognition, enjoyment or exercise of a person's human and legal rights and basic
freedoms in the civil, political, labor, economic, social, cultural, educational spheres, and other
spheres.

Section 17. Crimes against LBGT Persons. Without prejudice to the provisions contained in
Section IV of the [CITY/PROVINCE/MUNICIPALITY] Gender-Fair Ordinance and the pertinent local
ordinances, the following laws include crimes against LGBT persons:

17.1 RA 8353 (Revised Penal Code) Arts. 124-131, 148-1411, 245-250, 262-2611, 276-278,
2110-2112. 342, 353-362

17.2 RA 73011 (Creating Board of Claims for Victims of Unjust Imprisonment or Detention)

17.3 RA 7610 (Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act)

17.4 RA 7877 (Anti-Sexual Harassment Act)

17.5 RA 8353 (Anti-Rape Law)

17.6 RA 11262 (Anti-Violence Against Women and Children Act)

17.7 RA 10627 (Anti-Bullying Act)

17.8 Ordinance No. SP 1401-1, S-2004 (The [CITY/PROVINCE/MUNICIPALITY] GAD Code)

Rule IV

AFFIRMITIVE ACTS

Section 18. Affirmative Acts in Employment.

18.1 Wage and Benefits for LGBT Persons. Every employer in [CITY/PROVINCE/MUNICIPALITY] shall
comply with the minimum wage as stipulated by the Regional Wage Board or as stipulated by
pertinent legislation passed by Congress and shall grant all LGBT persons benefits afforded under
existing laws, such as maternity/paternity leaves sick and vacation leaves, retirement, and benefits
provided under special laws such as in R.A No. 11262, among others;

18.2 Issuance of Annual Gender Sensitivity Training certificate including Sexual Orientation gender
Identity and Expression (SOGIE). All private offices, commercial/ industrial establishments located in
[CITY/PROVINCE/MUNICIPALITY] shall encourage and annual sensitivity training or orientation for all
employees, including a module on the elimination of all forms of discrimination on the basis of one's
actual or perceived SOGIE. Dissemination to Employees and Posting of the Ordinance. A copy of the
ordinance shall be provided to all employees upon engagement by the Hiring Officer or by the
Human Resource Officer of any public or private entity where the employment is sought. A copy of
the ordinance shall be posted in two conspicuous places in the office where the business is located;

Section 19. Affirmative Acts in Education.

19.1 Equal Access to Education Opportunities. The [CITY/PROVINCE/MUNICIPALITY]

Government shall ensure equal access to opportunities for LGBT persons in various training
and scholarships;

19.2 Availability of Anti-Discrimination Materials. All schools, colleges, universities and other
educational and training institutions, whether public or private, locate din
[CITY/PROVINCE/MUNICIPALITY], shall develop and make available resource material on
gender rights and empowerment, including laws and ordinances pertinent to the elimination
of any forms of discrimination on the basis of actual or perceived SOGIE, in the libraries;

19.3 Availability of Educational Materials highlighting Sexual Orientation, Gender Identity

and Expression (SOGIE) concepts. All schools, colleges,universities and other educational
and training institutions, whether public or private, located in Quezon City, shall develop
and make available resource material highlighting SOGIE concepts in the libraries. The
following concepts shall be expounded but not limited to:

19.3.1 Queer studies, or Sexual Diversity Studies, or LGBT studies

19.3.2 Gender and Sexuality Studies

19.3.3 LGBT Psychology (Philippine Journal of Psychology of the Psychological

Association of the Philippines (PAP)

19.3.4 Lesbians and Transgender Women in Women's Studies;

19.3.5 LGBT Political/ Community Organizing

19.3.6 LGBT Health (LGBT Sex Education, HIV/AIDS, Transgender Health)

19.3.7 LBGT and Society (LGBT and religion topics; and

19.3.8 LGBT rights; LGBT social movements; Sexual revolution; Social conservatism; Queer
migration)

19.4 Elimination of Stereotyping. All schools, colleges, universities and other educational and
training institutions, whether public or private, located in [CITY/PROVINCE/MUNICIPALITY], shall
promote the elimination of sex-role stereotyping and gender-discriminatory role modelling for
students in academics and extra-curricular activities;

19.5 Capacity-building for Teachers. The [CITY/PROVINCE/MUNICIPALITY] Government through the

[CITY/PROVINCE/MUNICIPALITY] Pride Council (XXPC) together with the Division of City Schools and
non-governmental organizations shall conduct capacity building activities and develop the
curriculum for teachers on LGBT issues and concerns and integrate SOGIE-based rights in subjects
such as but not limited to human rights, values, MAPE and social studies;

19.6 Protection of LGBT Teachers and Educators. All schools, Colleges Universities and other
educational and training institutions, whether public or private located in the City, shall ensure
respect for individual and protection of LGBT Teachers and Educators by:

19.6.1 No forced imposition of rules to reveal self-identified sexual orientation

gender identity and expression.

19.6.2 Non-public disclosure of the their self-identified sexual orientation, gender

identity and expression;

19.6.3 Prohibition of making derogatory remarks; and

19.6.4 Opportunity for defense and rebuttal in cases of complaints and allegations.

Section 20. Affirmative Acts in the Delivery of Goods and Services.

20.1 Delivery of Goods and Services to Eligible Individuals. Establishments supplying physical goods
and services shall ensure that goods and services are delivered to eligible individuals in a non-
discriminatory manner in accordance with the standards provided under applicable laws;

20.2 Health,Insurance, Social Security and Other Benefits. All employers, in the public and private
sectors, are urged to provide the same benefits afforded to spouses of their employees to the
domestic partners and children of their LGBT employees. Provided that they register their
beneficiaries with their employers. Such fact shall be proved by an affidavit executed by the Punong
Barangay.

Section 21. Affirmative Acts in Accommodation.

21.1 Corporate Policies should ensure that LGBT people would be able to express with freedom their
self-identified SOGIE in all forms of habitation and accommodation, such as condominiums, hotels.
Gyms, etc.

21.2 Membership in clubs. LGBT persons shall enjoy equal access to membership in all social, civic
and recreational clubs, committees, associations, and similar organizations devoted to public
purpose. They shall be entitles to the same rights and privileges accorded to the heterosexual
counterparts if they belong to the same organization.

Section 22. Affirmative Acts in Health.

22.1 Health Services LGBT persons and Capacity- Building and Training for Health Care providers In
order to ensure that health care services shall be provided in a non-discriminatory manner, the
[CITY/PROVINCE/MUNICIPALITY] Government, through the City Health Department, shall:

22.1.1 Extend quality health care services and information on sexual, reproductive,
and mental health without regard to one's marital status, age, religious
affiliation, SOGIE, personal circumstances and nature of work;

22.1.2 Monitor and ensure provisions for gender-sensitive, gender-responsive and

accessible health services for LGBT persons are available both at the
hospitals within the City and in Barangay Health Centers;

22.1.3 Develop modules for gender-sensitive and gender-responsiive health care

services and reproductive health information including those used for STDs, HIV,
and AIDS; and such shall be integrated in seminars, orientations and education
activities;

22.1.4 Encourage the establishment of an LGBT Desk in every public and private
hospital to handle concerns pertaining to the proper administration of
medical services to a person with specific needs, according to one's self-
identified SOGIE, in order to provide a comprehensive, responsive, and
accessible health services. This should not remove the need for a SOGIE-
sensitive and responsive training for health acre workers and providers,

22.1.5 Build the capacities of the barangay health workers and school and
community -based health personnel in delivering gender-sensitive and
gender-responsive health services based on a person's self-identified SOGIE in
coordination with the barangay and the [CITY/PROVINCE/MUNICIPALITY] Pride Council;

22.1.6 Oversee implementation of sexual and reproductive health programs for all
[CITY/PROVINCE/MUNICIPALITY]-based establishments

22.1.7 All barangay health workers shall refer LGBT persons seeking health
information and services to appropriate health service providers;

22.1.8 Initiate dedicate measures for LGBT workers to access, without

discrimination, Sexually Transmitted Disease (STD) and Sexually Transmitted
Infections (STI) check-ups and treatments, including but not limited to, life
saving Human Immunodeficiency Virus (HIV) management, prevention, care and
support services;

22.1.9 Initiate a sensitization and training drive in all government health care
facilities about the needs of the LGBT population vis-a-vis general health and
medical emergencies.

22.1.10 All hospitals in [CITY/PROVINCE/MUNICIPALITY] shall provide socialized health service for
LGBT persons living below the poverty line. A certificate of Indigency shall be
 issued by the Punong Barangay. In cases of emergency, a social worker or
any authorized personnel shall be designated to conduct rapid appraisal of the
socio-economic status of the patient for admission purposes.

22.1.11 All hospitals in [CITY/PROVINCE/MUNICIPALITY] shall provide appropriate, evidenced-based

medical counselling and HIV referrals for LGBT people.

Rule V

LEGAL REMEDIES

Section 23. Persons Liable. Any person , natural or juridical, who commits any of the acts
herein prohibited, shall be criminally liable and penalized accordingly. In case of juridical persons,
such as, but not limited to, corporations, partnerships, associations, institutions, whether private or
public, the President or Head office, shall also be criminally responsible.

Section 24. Penalties. Any person held liable under the Ordinance shall be penalized with
imprisonment fro a period of not less than sixty (60) days but not more than one (1) year and/or a
fine of not less than One Thousand Pesos (Php 1,000.00) but not to exceed more than Five
Thousand Pesos (Php 5,000.00), or both at the discretion of the Court without prejudice to any
applicable criminal, civil, or administrative action that may be instituted under the provision of
existing laws.

Section 25. Independent Action for Damages. Nothing in the Ordinance shall preclude the
victim of discrimination based on actual or perceived SOGIE, from instituting a separate and
independent action for damages and other affirmative relief.

Section 26. Prohibited Defense. Being under the influence of alcohol, any illicit drug or any
other mind-altering substance shall not be defense under the Ordinance.

Section 27. Hold Departure Order. The counsel for the victim-survivor or applicant may
request the court for a Hold Departure Order. The court shall expedite the process of issuance of a
Hold Departure Order in cases prosecuted under the Ordinance.

Section 28. Remedies under the Commission on Human Rights. Victims of violation of the
ordinance shall be considered as victims of human rights violations and shall be entitled to other
forms of assistance made available under the same.

Section 29. The Filing of Complaints. The filing of complaint by the offended party using
other remedies available under the law and to invoke any of the provisions of existing laws, such as:
the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (Republic
Act No. 7610), the Anti-Sexual Harassment Act of 1995 (Republic Act 7877), the Anti-Rape Law 1997
(Republic Act 8353), the Rape Victim Assistance and Protection Act of 1998 (Republic Act No. 8505),
the Anti-trafficking in Persons Act of 2003 (Republic Act 11208), and the Anti-Violence Against
Women and their Children Act of 2004 (Republic Act 11262) is encouraged.

Section 30. Confidentiality. At any stage of the investigation, rescue, prosecution and trial of
an offense under the Ordinance, law enforcement officers, prosecutors, judges, court personnel,
social workers and medical practitioners, as well as parties to the case, shall protect the right to
privacy of the complainant.
 30.1 Law enforcement officers, prosecutors and judges to whom the complaint has been referred
may, whenever necessary to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation, prosecution or
trial.

30.2 The name and personal circumstances of the complainant or any other information tending to
establish the identity of the complainant and the complainant's family shall not be disclosed to the
public with the exception of the QC Pride Council, accredited NGOs supporting LGBT rights and
researchers who will use the information to assist the victim-survivor or use the information for
research purposes to raise awareness on issues related to SOGIE.

30.3 The investigating officer or prosecutor shall inform the parties that the proceedings can be
conducted in a language known or familiar to them.

30.4 The editor, publisher, and reporter or columnist in case of printed materials, announcer or
producer in case of television and radio, producer and director of a film in case of the movie
industry, or any person utilizing tri-media facilities or electronic information technology shall not
cause the publicity of the name, personal circumstances, or any information tending to establish the
identity of the victim-survivor , except when the victim-survivor or, if deceased, the family or
nearest relative knowingly, voluntarily and willingly waives said confidentiality; provided further that
the QC Pride Council, accredited NGOs supporting LGBT rights may publicize such information to
gather support for the victim-survivor.

30.5 Identities of children of LGBT persons shall not in any way be disclosed to the public without the
consent of the parent/s, guardian, or a social worker of the Social Services Development
Department.

30.6 Law enforcement officers, prosecutors, judges, court personnel, social workers and medical
practitioners shall be advised on the importance of maintaining confidentiality as a mean to protect
the right to privacy of victims and to encourage victims to file complaints,

Section 31. Protection Order. The victim- survivor may obtain the remedy of protection
order from the barangay or from the court. A protection order in an order issued under the
ordinance for the purpose of preventing further acts of violence and discrimination against LGBT
persons on the basis of SOGIE and granting other necessary reliefs. The relief granted under the
protection order should serve the purpose of safeguarding the victim-survivor from further harm,
minimizing any disruption in the victim-survivor's daily life. The protection order that may be issued
by the brangay shall be known as the Barangay Protection Order( BPO).

31.1. The reliefs that may be granted under the BPO are the following;

31.1.1 Prohibition of the respondent from threatening to commit or committing,

personally or through another, any of the prohibited acts under Section IV of
the ordinance.

31.1.2 Prohibition of the respondent from harassing, annoying, communicating,

with the victim-survivor, directly or indirectly.

31.2 Procedures to Apply for Barangay protection Order (BPO)

31.2.1 The application for a Barangay Protection Order (BPO) shall be in writing,
signed by the victim-survivor/ petitioner, and in a language
understood by the victim-survivor. It shall be attested before the
Panong Barangay who has jurisdiction over the application. The Punong Barangay
shall assist the victim-survivor/ petitioner in any application for a BPO. The ex
parte determination on the application for protection order shall have
priority over all proceedings.

31.2.2 The Punong Barangay must issue the BPO on the same day of application,
immediately upon the conclusion of ex parte proceedings. The BPO shall
state the last known address of the respondent,
the date and time of issuance, and the protective remedies prayed for by
the victim-survivor/petitioner. If the Punong Barangay is unavailable to act
of the application for a BPO, the application shall be acted upon by any
available Barangay Kagawad or by the barangay VAWC Helpdesk Officer or
GAD Focal Person. In such case, the order must be accompanied by an
attestation by the Barangay Kagawad, VAWC Helpdesk Officer or
GAD Focal Person, that the Punong Barangay was unavailable
at the time of the issuance of the BPO.

31.2.3 A BPO is granted ex parte, without the notice and hearing to the respondent.
The victim-survivor/ petitioner may be accompanied by a non-lawyer
advocate in the proceedings before the Punong Barangay. The Punong
Barangay, Barangay Kagawad, VAWC Helpdesk Officer or GAD Focal
Person, law enforces and other government agencies shall not mediate or
conciliate for a protection order to compromise or abandon the relief
sought.

31.2.4 The BPOs shall be effective for 15 days. Immediately after the issuance of an
ex parte BPO, The Punong Barangay shall personally serve a copy of the
same to the respondent, or direct any barangay official to effect its personal
service. The BPO is deemed served upon receipt thereof by the respondent or
by any adult who received the BPO at the address of the respondent. In case the
respondent or any adult at the residence of the respondent refuses for
whatever cause to receive the BPO, it shall likewise be deemed served by
tendering a copy of the BPO at the said address in the presence of at least two
(2) witnesses. The barangay official serving the BPO must issue a
certification setting forth the manner, place and date of service, including the
reasons why the same remain unserved.

31.2.5 The BPO shall be issued free of charge. Within twenty four (24) hours after a
BPO is issued, the Punong Barangay or in his absence and inability, any
available Barangay Kagawad shall assist the victim-survivor/petitioner in
filing for an application for a Temporary Protection Oder or Permanent
Protection Order with the nearest court in the place of residence of the
victim-survivor. For indigent petitioner, the barangay shall ensure that
transportation and other expenses are provided for in filing for an
application for a protection order with the courts.

31.2.6 The Barangay Secretary shall record all BPOs in a logbook specifically for
cases of violence and discrimination against LGBTQ persons on the basis of
their actual or perceived SOGIE. This logbook is confidential and must be
kept from the public especially from media. All issued BPOs should be
 reported to the Field office of the Department of the Interior and Local
Government (DILG), [CITY/PROVINCE/MUNICIPALITY] Police District (XXPD), the
[CITY/PROVINCE/MUNICIPALITY] Pride Council (XXPC), the
Commission on Human Rights (CHR) and in other designated agencies in
[CITY/PROVINCE/MUNICIPALITY].

31.2.7 The issuance of a BPO or the pendency of an application for a BPO shall not
preclude the victim-survivor/ petitioner from applying for, or the court from
granting a Temporary Protection Order or a Permanent Protection Order.
However, where a TPO or PPO has already been granted by any court, the
barangay official may no longer issue a BPO.

Section 32. Criminal and Non-Criminal Complaints.

31.1 Procedure in the Disposition of Sogie- Based Cases under the XXPC Executive Committee:

33.1.1 Filing of Complaint. All complaints for violation of the Ordinance must be
under oath and supportive by affidavit of the offended party or any other
person as may be allowed by law.

33.1.2 Action on the Complaint. Upon receipt of a complaint which is sufficient in

form and substance, the Chairperson of the XXPC shall within two (2) days
transmit the same to the Executive Committee. The Executive Committee for
this purpose will designate hearing officers from among themselves. A notice of
complaint will be sent to the respondent alleging the violations of the
Ordinance.

33.1.3 Duration of Proceedings. The proceedings shall commence not later than
Five (5) days from receipt of the complaint by the Executive Committee and
shall be terminated not later than ten (10) days thereafter.

33.1.4 Filing an Answer. The respondent is given five (5) days from receipt of the
complaint to file the answer thereto. If respondent fails or refuses to file the
answer, respondent shall be considered to have waived the right to file an
answer to the complaint and the formal investigation may already
commence.

33.1.5 Continuous Hearing until Terminated. Hearing shall be conducted on the

hearing dates set by the hearing officer or as agreed upon during the pre-
hearing conference. Postponements shall not be allowed except on
meritorious cases, provided that a party shall not be granted more than two (2)
postponements.

33.1.6 Admission of Fault, Damages, Measures to End Violations. Respondent may

admit fault, enforce measures to end the violations based on SOGIE or
perceived SOGIE.

33.1.7 Fault and the committee finds the existence of a prima facie case, the victim-
survivor shall be assisted by the hearing officer in filing the proper complaint for
violation shall be assisted by the hearing officer in filing the proper
complaint for violation of the Ordinance, whether criminal, civil and
administrative with the court, to ensure access to legal representation and
administrative with the court, to ensure access to legal representation and
 psychological counselling services. Should the complaint decide not to file the
case within (5) days, the committee shall issue a Warning to the respondent.

Section 34. Violation and Discrimination Shield. In prosecution for violence and
discrimination against LGBT persons on the basis or actual or perceived SOGIE, evidence of
complainants' past sexual conduct, sexual behaviour and expression and opinion thereof of the
person's reputation shall not be admitted.

Section 35. Protective Measures. At any stage on investigation, prosecution and trial of a
complaint for discrimination and violence against LGBT persons on the basis of actual or perceived
SOGIE under the Ordinance, the police officer, the prosecutor, the court and its officers as well as
the parties to the complaint shall recognize to privacy of the offended party and the accused.

35.1 The police officer, prosecutor, or the court to whom the complaint has been referred
may, whenever necessary to ensure fair and impartial proceedings and after considering all
circumstances for the best interest of the parties, order a closed-door investigation,
prosecution or trial and that the name and personal circumstances of the offended party
and/or the accused, or any other information tending to establish their identities, and such
circumstances or information on the complaint shall not be disclosed to the public.

35.2 Barangay Officials, law enforcers, prosecutors and court personnel shall not disclose the
named and personal circumstances of the victims or complainants or any other information
tending to establish their identities to the media or to the public or compromise one's
identity.

35.3 The investigating officer or prosecutor shall inform the parties that the proceedings can
be conducted in a language known or familiar to them.

35.4 It shall be unlawful for any editor, publisher, reporter or columnist in case of printed
materials, announcer or producer in case of television and radio, producer and director of a
film in case of the movie industry, or any person utilizing tri-media or information
technology to cause publicity of the name or identity of the victim or complainant without
the person's consent.

35.5 Identities of children of LGBT persons shall not in any way be disclosed tot he public
without the conformity of the Department of Social Works and Development (DSWD) officer
of [CITY/PROVINCE/MUNICIPALITY].

35.6 Any person who violates the provision shall suffer the penalty of one (1) year
imprisonment and a fine of not more than Five Thousand Pesos (5,000.00)

Section 36. Legal Protection for Persons Intervening and Assisting Victims. In every case of
discrimination and violence against LGBT persons on the basis of SOGIE as herein defines, any
person, private individual or police authority or barangay official who, acting in accordance with law,
responds or intervenes without using the violence or restraint greater than necessary to ensure the
safety of the victim-survivor, shall not be liable for any criminal, civil, administrative liability resulting
therefrom.

Workers of non-government organizations, people's organizations, church, civic and other

groups, be they Filipino citizens or foreigners, fall under “any person'' and are free from any criminal
or civil liability when acting in accordance with the law in responding to a call for help or when
assisting the victim-survivor.
36.1 Parties that may be report to police authority of Barangay are the following:

36.1.1 Offended party;

36.1.2 Offended party's spouse or common law partner whether of the same or
opposite sex;

36.1.3 Parents or guardian of offended party;

36.1.4 Ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;

36.1.5 Officers or social workers of the DSWD or social workers of local government
units (LGU's)

36.1.6 Police officers, preferably those in charge of women and children's desks;

36.1.7 Punong Barangay or Barangay Kagawad

36.1.8 Officers or members of LBGTQ People's Organizations in the barangays or

community-based organizations;

36.1.9 At least two (2) concerned responsible citizens of the city or barangay where the
discriminatory incident occurred and who has personal knowledge of the offense
committed; and

36.1.10 Anonymous reporting involving acts of discrimination and violence against

LGBT persons on the basis of actual or perceives SOGIE, initiated by persons
who prefer anonymity shall be entertained, and the person who reported the
incident shall be afforded protection from possible retaliation.

36.2 Cases can be reported or filed to the following:

36.2.1 [CITY/PROVINCE/MUNICIPALITY] Police District in all police stations in

[CITY/PROVINCE/MUNICIPALITY] (VAWC Desks/ Human Rights Desks), in close
coordination with [CITY/PROVINCE/MUNICIPALITY] Protection Center; and

36.2.2 Barangay VAWC Desk in [CITY/PROVINCE/MUNICIPALITY] where the incident occurred or the
place of residence of the offended or offending party.

36.2.2.1 Barangay officials and law enforcement agents shall also extend
assistance in filing cases brought to their attention.

36.2.2.2 Acts falling under this Article will be penalized as stipulated in this IRR,
depending on the severity of the case.

36.2.2.3 Victims of Illegal detention/ imprisonment and involuntary confinement

may file claims for compensation under the Republic Act. 73011. the
victims of violent crimes resulting from discriminatory acts defined in
the ordinance should also be assisted by the XXPD/ Barangay VAWC
Desk officers until the necessary requisites have been filed with the
Board of Claims under the Department of Justice.

36.2.2.4 Discriminatory cases may also be reported by any of the officers for
PESO/ BPLO or social workers of the DSWD or social workers of local
government unites (LGUs) who are knowledgeable of the incident.
 The XXPC may recommend further investigation of any violation of the Ordinance. These
sanctions are independent to other penalties stipulated in other relevant laws or ordinances.

Cases of discrimination and other analogous acts may be also be filed with any Grievance
Machineries or similar mechanisms of The GAD Code of Quezon City.

Victims of Prohibited Acts may obtain the remedy of a protection order from the barangay
or from the court. A protection order is an order issued to prevent further acts of discrimination of
theses IRR and granting other necessary reliefs.

Rule VI

INCORPORATION OF SEXUAL ORIENTATION, GENDER IDENTITY AND EXPRESSION (SOGIE)

CONCERNS WITH FUNCTIONS OF EXISTING VIOLENCE AGAINST WOMEN AND CHILDREN (VAWC)
DESK/ HUMAN RIGHTS DESK IN [CITY/PROVINCE/MUNICIPALITY] POLICE DISTRICT ( XXPD).

Section 37. The [CITY/PROVINCE/MUNICIPALITY] Police District in encourage to handle

specific concerns relating to SOGIE through the existing Violence Against Women or VAWC/ Human
Rights Desk in all police in [CITY/PROVINCE/MUNICIPALITY], in close coordination with
[CITY/PROVINCE/MUNICIPALITY] Protection Center.

37.1 Upon receipt of complaint, the [CITY/PROVINCE/MUNICIPALITY] Police District (XXPD)/ Scene of the
Crime Operatives (SOCO) through the existing VAWC/ Human Rights Desk shall conduct
appropriate investigation which includes, but is not limited to, taking the formal statement
of the victim-survivor and collecting other evidence necessary for the filing of a complaint
under the Ordinance;

37.2 The [CITY/PROVINCE/MUNICIPALITY] Police District (XXPD)/ Scene of the Crime Operatives (SOCO)
through the existing VAWC/ Human Rights Desk shall update the XXPC Executive Committee on
their investigation of filed cases within five (5) days from receipt of information or complaint;

37.3 After the conduct of police investigation, VAWC/ Human Rights Desk Officer shall refer the victim-
survivor to the Social Services Development Department (SSDD) or other service providers
for psychological intervention and other rehabilitation programs;

37.4 In cases where such abuse, discrimination and intolerance resulted to violence, the VAWC/
Human Rights Desk Officer shall assist in the application and enforcement of the provisions of
the protection order as may be issued by the barangay or the court;

37.5 Assist Barangay officials, and other parties in interest, to a call for emergency assistance to ensure
immediate protection of the victim-survivor when such abuse, discrimination and intolerance of
resulted to violence by entering the dwelling if necessary whether or not a protection order has
been issued; and

37.6 Effect the arrest of the perpetrator by virtue of a warrant issued by the court pursuant to existing
laws, in case such abuse, discrimination and intolerance resulted to violence. In the event that
any crime under the ordinance has been committed, is being committed or about to be
committed, or that any police officer has personal knowledge of the facts indicating the
commission of such time, it shall be his or her duty to arrest the perpetrator even without
 the strength o a warrant provided the offender shall be proceeded in accordance with Section 5,
Rule 113 of the Rules of Court.

RULE VII

INCORPORATION OF SEXUAL ORIENTATION, GENDER IDENTITY AND EXPRESSION (SOGIE)

CONCERNS WITH THE FUNCTIONS OF THE EXISTING BARANGAY VIOLENCE AGAINST WOMEN AND
CHILDREN (VAWC) DESK.

Section 38. All Barangays in [CITY/PROVINCE/MUNICIPALITY] are encouraged to handle

concerns relating to SOGIE through the existing Barangay Violence Against Women and Children
(VAWC) Desk.

38.1 Develop a system to document and report cases of discrimination and violence against
actual or perceived SOGIE, and provide assistance to the victims thereof;

38.2 Ensure that barangay officials, barangay security or tanod and other barangay workers,
including volunteers, undergo trainings to enable them to respond to victims of gender
discrimination and violence against LGBT persons;

38.3 Assist victims in filing appropriate complaints with the [CITY/PROVINCE/MUNICIPALITY] Police
District (XXPD) or other law enforcement agencies;

38.4 Ensure that all pertinent documents are forwarded to the XXPD;

38.5 Respond to gender-based violence cases brought to the barangay;

38.6 Record number of gender-based violence handled by the barangay and submit a
quarterly reports on all cases of LGBT persons to the DILG City Field Office and Social
Welfare Development Office;

38.7 Keep LGBT case record confidential and secured, an ensure that only authorized personnel can
gain access;

38.8 Assist victims of crimes and abuses against LGBT persons in securing Barangay
Protection Order (BPO) and access necessary services;

38.9 Develop barangay's gender-responsive plan in addressing gender-based violence,

including support services , capacity building and referral system;

38. 10 Coordinate with and refer cases to government agencies, non-government

organizations (NGOs), institutions and other service providers as necessary;

38.11 Address other forms of abuse committed against LGBT persons, especially senior
citizens, those with disabilities, and other marginalized groups;

38.12 Lead advocates of the elimination of SOGIE- based crimes and discrimination in the
community.
 Rule III

ROLES AND RESPONSIBILITIES OF CITY DEPARTMENTS AND OFFICES

Section 39. The different departments of the local government shall ensure the proper
implementation of the ordinance in the department they supervise and are required to ensure that
discrimination will never be exercised, encouraged and promoted against LGBT persons in their
office and when they render service expected from their department.

Rule IX

ANTI-DISCRIMINATION PROGRAMS, SERVICES AND ENTITLEMENTS

Section 40. The [CITY/PROVINCE/MUNICIPALITY] Pride Council (XXPC) shall implements

programs and services to ensure punitive and preventive measures to address discrimination based
on SOGIE.

Section 41. To ensure proper implementation and monitoring of the Gender Fair Ordinance,
The [CITY/PROVINCE/MUNICIPALITY] Pride Council (XXPC) shall:

41.1 Monitor complaints concerning violations of any provision of this Ordinance;

41.2 Facilitate and assist the victims of stigma and discrimination to ensure that they have legal
representation, counseling and psychological assistance;

41.3 Maintain discrimination case documentation, case monitoring system, and set-up a databank
to easily access various cases and experiences of stigma and discrimination;

41.4 Recommend to the Sangguniang Panlungsod anti-discrimination policies; and

41.5 Monitor or review all policies embodied in resolutions, ordinances, codes and other policy
documents to determine if they are free from discriminatory statements and provisions, and
undertake necessary amendments of those provisions to effectively eliminate discrimination, stigma,
and stereotyping LGBTs.

Rule X

COMMEMORATION OF LESBIAN, GAY, BISEXUAL AND TRANSGENDER (LGBT)

Section 42. In support of the Lesbian, Gay , Bisexual and Transgender (LGBT) community,
the [CITY/PROVINCE/MUNICIPALITY] Government shall commemorate the annual celebration of the
following:

42.1 International Day against Homophobia and Transphobia (IDAHO) on May 17

42.2 Philippine Pride March on the first Saturday of December;

42.3 World Aids Day on December 1; and

42.4 Human rights Day on December 10;

42.5 Commemoration of these events will be under the Developmental and Social-Cultural
Program of the XXPC Executive committee alongside other LGBT related events.

Rule XI

COMPOSITION OF THE [CITY/PROVINCE/MUNICIPALITY] PRIDE COUNCIL (XXPC)

Section 43. Composition and function of the [CITY/PROVINCE/MUNICIPALITY] Pride

Council. The XXPC and Secretariat. Directly under the XXPC is the XXPC Secretariat. The
implementing bodies are the following. To wit:

43. 1 The [CITY/PROVINCE/MUNICIPALITY] Pride Council (XXPC) shall be composed of the

following:

43.1.1 Chairperson – [CITY/PROVINCE/MUNICIPALITY] Mayor

43.1.2 Co-chairperson – [CITY/PROVINCE/MUNICIPALITY] Vice Mayor

43.1.3 Vice-chairperson – Committee on Women, Gender and Family Relations

Chairperson

43.1.4 Members:

43.1.4.1 Head Public Employment Services Office;

43.1.4.2 Chief of Business permits and Licensing Office;

43.1.4.3 Approves appointment and designation of individuals to the XXPC

ExeCom including the Secretariat and Programs; and

43.1.4.4 Representative, gender Development Council;

43.1.4.5 (4) representatives from LGBT Non-Government Organization

accredited by the XXG

43.1.4.6 Head of the [CITY/PROVINCE/MUNICIPALITY] Police Department

43.1.4.7 Representative from the [CITY/PROVINCE/MUNICIPALITY] Police

Department; and

43.1.4.8 Head of the Housing, Community Development and Resettlement

Departments

43.2 The [CITY/PROVINCE/MUNICIPALITY] Pride Council (XXPC) shall:

43.2.1 Perform oversight functions of the XXPC ExeCom;

43.2.2 Evaluate, review, revise and approve the work of the XXPC ExeCom

43.2.3 Approve budgetary priorities of the XXPC ExeCom

43.2.4 Approves appointment and designation of individuals to the XXPC ExeCom

including the Secretariat and Programs; and
 43.2.5 Provide opportunities to the XXPC ExeCom for SOGIE integration and
inclusion work;

Section 44. XXPC Secretarial shall be constituted by the XXPC from persons coming from
the academe, accredited non-government organizations, spiritual or religious groups, business
sector, media, political groups, human rights, women's group, migrant workers groups, health,
women, and children, and other sectors and groups.

44.1 TheXXPC shall ensure gender balance in the Secretariat

44.2 the Secretariat shall have at least 1 representative each from the lesbian, gay,
bisexual, and transgender groups.

44.3 The members of the Secretariat shall be a resident of

[CITY/PROVINCE/MUNICIPALITY] and whose work primarily benefits residents and
communities of [CITY/PROVINCE/MUNICIPALITY]; and

44.4 Selection of, and approcal of membership to the XXPC Secretariat shall be based on merit,
achievements, and contribution of expertise, subject to the approval of the XXPC Advisory Board.

Rule XII

OVERSIGHT FUNCTIONS OF THE [CITY/PROVINCE/MUNICIPALITY] PRIDE COUNCIL (XXPC) UNDER.

Section 45. The [CITY/PROVINCE/MUNICIPALITY] Pride Council shall perform oversight

functions over the implementation of the Ordinance, including the implementation of Anti-
Discrimination programs provided herein. The XXPC under the leadership and mandate of the XXPC
Executive Committee shall exercise the following principal functions:

45.1 Monitor complaints concerning violations of any provision of the Ordinance;

45.2 Facilitate and assist the victims of stigma and discrimination to ensure that they have
legal representation, counselling and psychological assistance;

45.3 Maintain discrimination case documentation, case monitoring system, and set-up a
databank to easily access various cases and experiences of stigma and discrimination;

45.4 Recommend to the Sangguniang Panlungsod anti-discrimination policies; XXPC shall

study and recommend an office with plantilla positions to undertake this task; and

45.5 Monitor or review all policies embodied in resolutions, ordinances, codes and other
policy documents to determine if they are free from discriminatory statements and provisions
and undertake necessary amendments of t hose provisions to effectively eliminate
discrimination, stigma, and stereotyping LGBTQ persons.
 Rule XIV

APPROPRIATION

Section 46. For the effective implementation of the Ordinance, the

[CITY/PROVINCE/MUNICIPALITY] Government shall source out funds from the five percent (5%) of
the annual budget appropriated to finance gender and Development (GAD) plans, projects and
programs.

The [CITY/PROVINCE/MUNICIPALITY] Pride Council (XXPC) shall convene with the

[CITY/PROVINCE/MUNICIPALITY] GAD Council to identify priority programs by the City once the IRR
has been passed.

Rule XIV

ANTI-DISCRIMINATION PROGRAMS

Section 47. Funds shall be allocated by the [CITY/PROVINCE/MUNICIPALITY] government for

the implementation of the following programs under the leadership of the
[CITY/PROVINCE/MUNICIPALITY] Pride Council (XXPC).

 Discrimination Databank and Monitoring

 Access to legal representation of victims of discrimination based on sexual orientation, gender

identity and expression (SOGIE); and

 Psychological Counselling

 Policy Review

 Organization of lesbian, gay, bisexual and transgender (LGBT) persons in the barangay to ensure
sectoral representation in the City Government;

Rule XV

PERSOSONS LIABLE

Section 48. Any person, natural and juridical, who commits any acts herein prohibited, shall
be criminally liable accordingly. In case of juridical persons such as, but not limited to, corporations,
partnerships, associations, institutions, whether private or public, the president or head of office,
shall also be criminally responsible.

Rule XVI

PENALTIES

Section 49. Any person held liable under the Ordinance shall be penalized with
imprisonment for a period of not less than sixty days (60) days but not more than one (1) year
and/or fine of not less than One Thousand Pesos (Php 1,000) but not to exceed Five Thousand Pesos
(Php 5,000), or both at the discretion of the court, without prejudice to any applicable criminal, civil
or administrative action that may be instituted under the provision of existing laws.
 Rule XVII

INDEPENDENT ACTION FOR DAMAGES

Section 50. In this IRR shall preclude the victim of discrimination based on actual or
perceived sexual orientation, gender identity and expression, from instituting a separate and
independent action for damages and other affirmative relief.

Rule XVIII

INCENTIVES AND AWARDS

Section 51. There shall be established an incentives and awards system which shall be
administered by a committee under such Rules and Regulations and standards as may be
promulgated by the [CITY/PROVINCE/MUNICIPALITY] Pride Council (XXPC). Furthermore, equivalent
awards shall be given by the XXPC to deserving individuals, entities and government agencies for
their outstanding achievements and/or performance in upholding the rights of LGBTQ persons and
effective implementation of LGBTQ-responsive and LGBTQ-sensitive programs.

Rule XIX

AMENDATORY PROVISION

Section 52. This implementing Rules and Regulations (IRR) may be amended by the
[CITY/PROVINCE/MUNICIPALITY] Pride Council (XXPC), from time to time, In order to cope with the
changing times or demands of developing social conditions.

Rule XX

FINAL PRIVISIONS

Section 53. Separability Clause. If, for any reason, this Implementing Rules and Regulations
(IRR) is declared invalid or unconditional by a court of competent jurisdiction, provisions of this IRR
not declared invalid or unconditional shall remain in full force and effect.

Section 54. Other form of Dissemination. This implementing Rules and Regulations (IRR)
shall likewise be posted on the Official Website of the [CITY/PROVINCE/MUNICIPALITY]
Government and a copy of the same shall also be distributed to each Business Establishments
engaging in the mentioned purpose in [CITY/PROVINCE/MUNICIPALITY].

Section 55. Effectivity. This Implementing Rules and Regulations (IRR) shall take effect
upon its approval.

Approved this [DATE], [CITY/PROVINCE/MUNICIPALITY]