» ORDINANCE NO. 028

Republic of the Philippines

City of Roxas

Office OF The Sangguniang panlungsod

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE HONORABLE SANGGUNIANG PANLUNGSOD OF THE CITY OF ROXAS, HEALD AT THE SP SESSION HALL ON MAY 31, 2022.

PRESENT: Hon Albert Gregory Y. Potato … Sanggunian Member I

Acting Presiding Office

Hon. Cesar S. Yap, Jr. … Sanggunia Member I

Hon. Trina Marie A. Ignacio … Sanggunian Member I

Hon. Moreno A. Gonzaga … Sanggunian Member I (Online)

Hon. Paul Ivan R. Baticados … Sanggunian Member I

Hon. Corazon B. Tiangco … Sanggunian Member I

Hon. Kriza V. Fernando (SK Rep) … Sanggunian member I (Online)

ABSENT:

Hon. Erwin B. Sicad … Vice Mayor I (Sick Leave)

Hon.Jericho Ange L. Celino … Sanggunian Member (PTL)

Hon. John Paula J. Arcenas … Sanggunia Member I (Van. Leave)

Hon. Midelo D. Ocampo … Sangggunian Member I

Hon. Roberto V. Ignacio … Sanggunian Member (PTL)

Hon. Virgilio A. Santos Jr (ABC Rep) … Sanggunian Member I

ORDINANCE NO. 028 – 2022

ANTI – DISTCRIMINATION ORDINANCE (ADO) ON THE BASIS OF SEXUAL ORIENTATION AND GENDER INDENTITY AND EXPRESSION (SOGIE) FOR THE PROTECTION AND PROMOTION OF THE RIGHTS & WELFARE OF LESBIANS, GAYS, BISEXUALS, TRANSGENDER, QUEERS, INTERSEX, ASEXUALS AND PANSEXUAL PARTNER COMMUNITIES (LGBTQIAO+) IN THE CITY OF ROXAS.

Authored By: Hon. Cesar S. Yap, Jr.

Jointly Seconded By: Hon. Trina Marie A. Ignacio and Hon. Paul I van R. Baticados

WHEREAS, the 1987 Philippines constitution under Section 2 Article, II, provides: values the dignity of every human person and guarantees full respect for human rights”

WHEREAS, consistent with Republic Act No. 7160, as amended, otherwise Known as the “ Local Government Code of 1991”, the sangguniang panlungsod has the power to enact Ordinance for the general welfare of the city and its inhabitants pursuant to the general welfare clause,

WHEREAS, to uphold the rights of all Filipinos especially those discriminated against based on their sexual orientation and gender identity and expression (SOGIE ), it is the commitment of the City Government of Roxas in keeping with its platform on “inclusive governance “ to recognize and protect the right of Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, Pansexual (LGBTQIAP+) People;

WHEREAS, the Philippines is a state party several international agreements such as, among others, the Universal Declaration of Human Right, International Covenant on economics, Social and Cultural Right (ICESCR,) the International Covenant on Civil and Political Right (ICCPR),the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), affirming LGBTQIAP+ rights as Human Right thus universal , inviolable;

WHEREAS, in June 2011, the Human Council adopted resolution 17 19 expressing grave concern at violence and discrimination on individuals on the basis of sexual orientation and identity

WHEREAS, the Yogyakarta principle the only international human right instrument that specifically tackles LGBTQIAP+ right and SOGIA issues specifically provides for a framework by which SOGIE- based issues are dealt with by state and non- state actors. Through this for instrument, the awareness that general human right principle apply to the LGBTQIAP+ sector in the same way that they apply to others persons in mainstreamed;

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WHEREAS, pursuant to the Gender and Development (GAD) programs and initiatives of the City we have to mainstream all people on both ends of the gender spectrum all development agenda;

WHEREAS, it is the policy of the Roxas City Government to afford equal protection to LGBTQIAP+ people as guaranteed by our Constitution and to craft local legislative measures in support of this aim;

NOW THERREFORE, BE IT ORDAINED by the SANGGUNIANG PANLUNGSOD OF ROXAS CITY IN SESSION duly assembled that;

SECTION 1. SHORT TITLE: This Ordinance shall be known as” The Roxas City SOGIE Ordinance”.

SECTION 2 DECLARATION OF POLICY: it I s hereby declared policy of Roxas to promote gender equality and fairness and effectively esliminate all forms of discrimination that violate the rights of Lesbian, Gay , Bisexual, Transgender, Queer, Intersex , asexual and Pansexual (LGBTQLAO+) people and afford equal protection as enshrined in the Bill of Rights.

SECTION 3 DEFINITION OF TERMS

DISCRIMINATION – Constitutes any Distinction, exclusion, restriction, preference or other differential treatment that is directly or indirectly based on sexual orientation, gender identity, or gender expression, which has the intention or effect nullifying or impairing the recognition , enjoyment, or exercise on an equal footing or political, civil, economic social, and cultural rights; plus Harassment – physical or verbal on definition used

GENDER EXPRESSION – is how a person publicly presents his/ her gender. This can include behavior 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;

GENDER IDENTITY – is each person’s internal and individual experience of gender. It is their sense of being a woman, a man, both or anywhere along the spectrum. A person’s gender identity may be the same as or different from their birth- assigned sex. Gender identity is fundamentally different from a person’s sexual orientation;

D. LGBTQIAP+ – refers to a diverse and complex range of identities based on SOGIE. This term refers to all gender and sexuality non- conforming people, including but not limited to lesbians, gays bisexuals, trans genders, queers, intersexes, asexuals, and pansexual persons;

d. 1 LESBIAN – a woman whose emotion, romantic and sexual energies are geared towards other woman,

d. 2 GAY –refers to a male person who is emotionally and/ or physically attached to members of the same sex;

d. 3 BISEXUAL – a person who is emotionally and/or physically attached to member of both the same and the opposite sex;

d. 4 TRANSGENDER – is the state of one’s gender identify (self- identification as woman, man or neither) not matching one’s “assigned se” (identification by others as male or female based on physical/ gender sex). Transgender does not imply any specific form of sexual orientation; transgender people may identify as heterosexual, homosexual, bisexual pansexual, or asexual.

d. 5 INTERSEX- those who, the time of their birth, possess both male & female organs;

d. 6 QUEER- those who are gender non-conforming and who do not want to be defined by any of the labels;

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d. 7 ASEXUAL – a person who has no sexual feelings and desire or who is not sexually attracted anyone

d. 8 PANSEXUAL –a person who is attracted – either emotionally, physically or both- to all gender. Unlike a bisexual who is attracted to 2 or more gender pansexual is attracted to any person regardless of gender.

E.SEX- is a human and civil status of a person acquired by birth having organ and system of reproduction.

F. SEXUAL ORIENTATION – refers to the emotions or sexual attraction or inclination of person towards person of his /her own sex, both masculine and feminine sexes.

SECTION 4. CONVERAGE

This Ordinance shall cover any person natural or juridical within Roxas City, who commits any of the acts herein prohibited and enumerated shall be held liable and penalized, accordingly, provided that in the case of juridical persons, such as but not limited to corporation , associations, partnerships, educational and vocational institutions , whether public or private the manager and head of office shall also be held criminally accountable and responsible.

SECTION 5 PROHIBITED ACTS. THE following acts of discrimination and therefore punishable;

Discrimination is committed when a person treats another less favorably on basis of actual or perceived sexual orientation, gender identity and expression(SOGIE),than a person treats 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;

Denying or limiting access to an employee, opportunities for promotion, training, schooling or any other benefits which are otherwise granted to other employees similarly situated on the basis of actual or perceived sexual orientation and gender identity and expression SOGIE

Refusing employment to a job applicant and medical care on the basis of actual or perceived SOGIE;

Denying access to public programs and services to medical and other health and legal services on the basis of actual or perceived SOGIE

Refusing admission to or expel or dismiss a person from educational institutions on the basis of sexual orientation and gender identity and expression;

Revoking any accreditation, recognition, registration of any organization in educational institution, workplaces and communities on the basis of actual or perceived SOGIE;

Refusing to provide goods or services and/ or imposing onerous terms and conditions to a person on the ground of one’s actual or perceived SOGIE as a prerequisite for providing such good or services where the said terms and conditions are not imposed on another person under the same or similar circumstances;

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Refusing or failing to allow any person to avail of services or accommodation in an apartment, condominium , flat, inn dormitory and any places of dwelling being rented out or offered to the pubic or for a fee on basis of actual or perceived SOGIE

Unjust detention and involuntary confinement because of one’s actual or perceived SOGIE;

It shall be unlawful to refuse entablishment such as restaurants, bars, stores, movie houses, shopping mall, and other places or entertainment and other businesses which are open to the general public, and/or to refuse to attend to ,or serve any orders for foods drinks and other goods, consumables and non- consumable, or to subject one to discrimination or harassment in buses, taxis, ships, airplanes on the basis of actual or perceived SOGIE;

It shall be unlawful to orgazine groups and activities which promote and incite discrimination against persons based on actual or perceived SOGIE;

Harassement which demeans the dignity and self- respect of a person’s human and legal rights to basic freedoms in Civil, political, labor, economic, social, educational spheres or any act of discrimination.

SECTION 6 AFFIRMATIVE ACTS. The City shall endeavor to mainstream “gender – fairness” by conducting and celebration activities such as, but not limited to:

Seminars, trainings, workshops, fora and symposia about SOGIE and on “inclusive” workplaces in both private and public spaces;

Women’s Month incorporating LGBTQIAP+ pride activities in March of every year;

International Day against Homophobia and Transgender (IDAHOT) on May 17 of every year,

A month-long celebration of Philippines Pride March (mid- November to mid- December),including World AIDS Day on December 1 and Human Rights Day on December 10 of every yea, and

All other days of observance as Iegislated and passed by National Legislature and Roxas City Council and passage of the ADO shall be designated by the City Council and the Mayor and be observed annually.

SECTION 7. INCORPORATION OF SEXUAL ORIENTATION , GENDER IDENTITY AND EXPRESSION (SOGIE) CONCERNS WITH FUNCTIONS OF EXISTING VIOLENCE AGAINST WOMEN AND CHILDREN (VAWC)DISK IN ROXAS CITY POLICE STATION.

The Roxas City Police Station is strongly encouraged to handle the specific concerns relating to SOGIE through existing Violence Against Women and Children or VAWC in all police stations Roxas City.

SECTION 8. CREATION OF THE ROXAS CITY PRIDE COUNCIL

There shall be the creation the Roxas City Pride Council (RCPC) which shall oversee the implementatio of this Ordinance and other existing laws, regulation and guidelines relevant to the protection and promotion of the LGBTIO rights, shall integrate and synchronize programs project and activities for the LGBTIQ community, and which shall coordinate with existing government agencies both in Roxas City and the local government support efforts to promote development.