ORDINANCE NO.  028 – 2022

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

  1. 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;

  1. 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;
  1. 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:

  1. 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.