02-06-24

IMPLEMENTING RULES AND REGULATIONS

“AN ORDINANCE PROVIDING FOR A COMPREHENSIVE ANTI-DISCRIMINATION POLICY

ON THE BASIS OF SEXUAL ORIENTATION, GENDER IDENTITY AND EXPRESSION (SO-
GIE).”

Rule I. POLICY AND APPLICATION

Section 1. Title, Policy and Purposes.

a) Title: This Ordinance is known as “Anti- Discrimination Ordinance for People of

Diverse Sexual Orientation Gender Identity and Expression (SOGIE)”

Section 2. Declaration of Policy.

It is hereby declared as a policy of the City of Mandaue to promote human rights, equality
and non- discrimination as enshrined in the Bill of Rights and other existing laws as well as
in the various international conventions such as the Universal Declaration of Human
Rights, Convention on the Elimination of All Forms of Discrimination against Women of
which the Philippines is a party, The Yogyakarta Principles, and other international human
rights declarations guaranteeing human rights for all, particularly for LGBT persons and
obligations to which the country adheres.

Section 3. Related and Guiding Principles in the Recognition of People of Diverse Sexual
Orientation and Gender Identities.

a) The rights of the people of diverse sexual orientation and gender identity/expression
(SOGIE) as citizens equally stipulated in the Constitution and other laws shall be upheld
at all times;

b) Every people of diverse SOGIE has the right to be informed of their inherent rights as
stipulated in the Constitution and other related laws such as the following:

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Crimes against LGBT Persons. Without prejudice to the provisions contained in Article II
and VI of the Anti Discrimination Ordinance for People of Diverse SOGIE and the pertinent lo-
cal ordinances, the following laws include crimes against LGBT persons:

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1. Revised Penal Code Arts. 124-131, 148-149, 245-250, 262-269, 276-287, 290-292, 342,
353-362

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2. RA 7309 (Creating Board of Claims for Victims of Unjust Imprisonment or Detention)

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3. RA 7610 (Special Protection of Children Against Child Abuse, Exploitation and Dis-
crimination Act)

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4. RA 7877 (Anti-Sexual Harassment Act)

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5. RA 8353 (Anti-Rape Law)

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6. RA 9262 (Anti-Violence Against Women and Children Act)

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7. RA 10627 (Anti-Bullying Act)

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8. Revised GAD Code Ordinance No. 14-2018-1351(The Mandaue City Gender and Devel-
opment Code)

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9. RA 11166 (Philippine HIV and AIDS Policy Act)

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10. RA 8504 (The Philippine AIDS Prevention and Control Act of 1998)

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11. RA 11930 - OSAEC (Online Sexual Abuse or Exploitation of Children)

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12. RA 11313 (Safe Spaces Act)

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13. RA No. 8552 (The Domestic Adoption Act of 1998)

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14. RA No. 10173 (Data Privacy Act of 2012)

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c) Every people of diverse SOGIE has the right to bodily integrity and to the means neces-
sary for the proper development of life, particularly food, clothing, shelter, medical
care.rest, and finally, the necessary social services;

d) Every people of diverse SOGIE has the right not to be discriminated, intimidated,
abused, or humiliated;

e) Every people of diverse SOGIE has the right to quality and responsive education;

f) Every people of diverse SOGIE has the right to assemble, and to freely and fully partici-
pate in the political processes of their community and country;

g) Every people of diverse SOGIE has the right to economic development based on the
precepts of justice and equity;

h) Every people of diverse SOGIE right is coupled with a moral and legal obligation that
one should fulfill;

i) Every people of diverse SOGIE has the right to exercise freedom of religion, ideology,
philosophy so as it does not infringe the rights of others;

j) Every people of diverse SOGIE has the right to self-determination of one's sexual orien-
tation or one's gender identity;

k) Every people of diverse SOGIE shall have the right to found a family and the right to
adopt and shall be respected as an alternative form of family;

l) Every people of diverse SOGIE, shall be innocent until proven guilty under the due
process of the law;

m) Every people of diverse SOGIE shall be covered by the social justice provisions of the
fundamental law ensuring improved quality of life.

Section 4. Definition of Terms

a) Gender - is the range of characteristics pertaining of the attitude's, feelings, and behav-
iors that a given culture associates with a person's biological sex or gender identity.

b) LGBT/LGBTIQ/LGBTIQAPS - is the acronym for a diverse and complex range of identi-

ties based on SOGIE. This term refer(s) to all gender and forms of sexuality of non-con-
forming people, including but not limited to lesbian, gay, bisexual, transgender, intersex,

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queer, asexual, agender, bigender, pangender, polygender, pansexual, polysexual, o-

spirit, and straight people.

b.1) Lesbian - is a woman whose emotions, sexuality and romance are catered to
people with a female gender identity;

b.2) Gay- is an all-encompassing term used to describe people who are homosexual.
People whose gender identity are either male or female but pertain to men who are
sexually, emotionally and romantically attracted to the same sex belong to this spec-
trum.

b.3) Transgender - is a person whose gender identity and/or gender expression is

different to one’s assigned sex or socially assigned gender role;

b.4) Intersex - is the variation of sex characteristics based on the number of chromo-
somes, type of gonads and external and internal genitalia that do not conform to the
distinct socially assigned male or female biological sex.

b.5) Queer / Genderqueer / Gender Non-Binding / Gender Non- Binary - is the um-
brella term for sexual orientation and gender identities that are not part of the het-
erosexual or cis- gender spectrum, is the catch al category for gender identities that
do not conform to the binary gender roles, that overlap different gender identities,
or people who have two or more genders.

Other definition that needs more elaboration in this section for the purpose of clari-
fication:

b.6) asexual/ agender - the lack or absence of sexual attraction to others, or low or ab-
sent interest in or desire for sexual activity/ a person who does not relate itself to any
gender

b.7) bigender - a person whose gender identity encompasses two genders.

expressions.

b.8) Polysexual/ Polygender - relates to a person who characterized different sexuali-

ties or romantically attracted to more than one gender/ refers to a person who experi-
ence or expresses in multiple genders, either simultaneously or varying between them.

b.9) Pansexual - refers to a person that is sexually or romantically attracted to people

regardless of their sex or gender.

b.10) Straight people - can refer to a heterosexual person or cis-gender person

c) Sexual Orientation - is understood to refer to each person's capacity for profound emo-
tional, affectional, romantic and sexual attraction to, intimate and sexual relations
which is also proven to be psychologically, mentally and biologically driven.

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d) Bisexual - is an individual who is sexually, emotionally, and romantically attracted to ei-

ther two gender identities or gender

e) Heterosexual - is an individual with the capacity to be romantically, emotionally and

sexually attracted to the person of the opposite sex. Also referred to as “straight"

f) Homosexual - is an individual with the capacity to have sexual, emotion and romantic
powerfully evoked interest to the person of the same sex

g) Gender Identity - is understood to refer to each person's deeply felt internal and indi-
vidual experience of gender (man, woman or otherwise), which may or may not corre-
spond with the sex assigned at birth (transgender), including the personal sense of
body (which may involve, if freely chosen, modification of bodily appearance or func-
tion by medical, surgical, or other means, as in the case of Transsexuals). This is a per-
son's private sense and subjective experience of their own gender.

h) Transexual - refers to a person who experiences an opposite gender identity of the sex
they were born as and the gender they identify as. A transsexual sometimes undergoes
medical treatment to change his/her physical sex to confirm his/her gender identity
through hormone treatments and/or surgically. Not all transsexuals can have or desire
surgery.

h.1) Transgender Female or Male to Female (MTF) - is a person transitioning from

the male assigned sex based on genitals to a female gender through hormone ther-
apy and gender affirmation surgery.

h.2) Transgender Male or Female-to-Female (FTM) - is a person transitioning from a

female assigned sex based on genitals to a male gender through hormone therapy
and gender affirmation surgery.

i) Cis-Gender - is a type of gender identity where an individual's experience of their own

gender is the same as the sex they were assigned at birth.

j) Gender Expression - is the public or private demeanor of an individual, which includes

expressions of gender, fashion, speech patterns, body language, behavior, activities,
clothing, posture, speech patterns, activities mannerism and name of the choice or pro-
nouns.

j.1) Masculine - is a set of attributes, behaviors and roles for people who exhibit
male characteristics socially, biologically, or psychologically.

j2) Feminine - is a set of attributes, behaviors and roles for people who exhibit fe-
male characteristics socially, biologically, or psychologically.

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j.3) Androgyny - is the combination or shift of masculine and feminine gender ex-
pression in the individual.

j.4) Cross Dressing - is a person who wears clothes associated with another gender
part of the time.

j.5) Drag - is the act of dressing in gendered clothing and adopting gendered behav-
iors as part of a performance, most often clothing and behaviors typically not associ-
ated with an individual's gender identity. Drag Queens perform femininity theatri-
cally. Drag kings perform masculine theatrically. Drag may be performed as a politi-
cal comment on gender, as parody, or simply as entertainment. Drag performance
does not indicate sexuality, gender identity or sex identity.

k) Sexual Orientation and Gender Identity and Expression (SOGIE)- is the acronym used
for the education or stands for the various forms of biological sex, sexual orientation,
gender identity/expression.

l) Rights- pertain to the access of the LGBTIQAPS to educational opportunities, relevant

information, livelihood, leisure, cultural activities, religion and the right to full expres-
sion of thought, conscience and speech.

m) Heteronormativity - the body of lifestyle norms that hold that people fall into distinct
and complementary genders (man and woman) with natural roles in life. It presumes
that heterosexuality is the only sexual orientation or only the norm.

n) Homonormativity - is the assimilation of body lifestyle norms that hold that people fall
into distinct and complementary ideals and construct into LGBT culture and individual
identity.

o) Ridicule - is an act of making fun or contemptuous imitating or making mockery of the

person in writing or in words or action on basis of actual or perceived sexual orienta-
tion, gender identify/expression.

p) Vilification - is the utterance of slanderous and abusive statements done ni any activity
ni public which incites hatred towards serious contempt for, or severe ridicule towards
any person/s on the basis of sexual orientation gender identity/expression (SOGIE)

q) Accommodation- as mentioned herein includes houses, apartment, condominium,

townhouse, flat, motel, boarding house, hotel and dormitory, which are open to the gen-
eral public. It also includes the grant of license clearance, certification or any other doc-
ument issued by governmental authorities or other private juridical entities.

r) Goods and Services - as applied herein includes but shall not be limited to establish-
ments, individuals and group of individuals supplying physical goods and services such
as restaurants, resorts, hotels, stores, clubs and shopping malls as well as those provid-

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ing clearing, repair, maintenance, construction, financial, health, transportation and

public utility services.

s) Abuse - is the physical, psychological and emotional maltreatment of the person on the
basis of actual or perceived sexual orientation, gender identity/expression.

t) Education - refers to all types of education and levels of education and includes access
to education, the standard and quality of education, and the conditions under which is
given.

u) Shaming - is to cause emotional pain by making the victim feel foolish based on the per-
son's diverse sexual orientation and gender identity/expression.

v) Biphobia - is the aversion toward bisexuality and bisexual people as a social group or as
individuals. People of any sexual orientation can experience such feelings of aversion.
Biphobia is a source of discrimination against bisexuals, and may be based on negative
bisexual stereotypes or irrational fear.

w) Homophobia- is a range of negative attitudes and feelings toward homosexuality or

people who are identified or perceived as being lesbian, gay, bisexual or transgender
(LGBT). It can be expressed as antipathy, contempt, prejudice, aversion, or hatred, may
be based on irrational fear, and is sometimes related to religious beliefs.

x) Transphobia - is the fear or hatred of transgender people or gender non-conforming be-

havior. Like biphobia, transphobia can also exist among lesbian, gay, and bisexual peo-
ple as well as among heterosexual people.

y) Cisgendersism - assumes every person to be cisgender therefore marginalizing those

who identify as transgender in some form. It is also believing cisgender people to be su-
perior, and holding people to traditional expectations based on gender, or punishing or
excluding those who don't conform to traditional gender expectations.

z) Marginalized - excludes, ignores or relegates people of diverse sexual orientation and

gender identity/expression to the outer edge of a group/society/community.

aa) Prejudice - is the act of showing partiality or prejudice; a prejudicial act towards people
of diverse sexual orientation and gender identity/expression.

bb) Heterosexism - is a discrimination of people who do not identify as heterosexual. It also

believes that heterosexuality is superior to homosexuality and all other sexual orienta-
tions.

cc) Heterosexual Privilege - benefits derived automatically by being (or being perceived as
heterosexual that are denied to gays, lesbians, bisexuals, queers and al other non-
heterosexual sexual orientations.

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dd) Institution Suppression - arrangement of a society used to benefit one group at the ex-
pense of another through the use of language, media education, religion, economics, et
al.

ee) Internalized Stigma - the process by which an oppressed person comes to believe, ac-
cept, or live out the inaccurate stereotypes and misinformation about their group.

ff) Concealment Pressure - is being closeted, maintain in lives from what one would show
in public.

gg) 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 of nullifying or impair-
ing the recognition, enjoyment, or exercise on an equal footing, of political, civil, eco-
nomic, social, and cultural rights. Discrimination, which also includes incitement ot dis-
criminate, and harassment is a result or a product of stigma.

hh) Marginalization - excluded, ignored, or relegated ot the outer edge of a group/society/

community.

ii) Invisible Minority - a group whose minority status is not always immediately visible,
such as some disabled people and LGBTIQAPS people. This lack of visibility may make
organizing for rights difficult.

Rule 2. PROTECTION FROM STIGMA AND DISCRIMINATION

Section 1. Prohibition to Discriminate.

Discrimination is committed when a person treats another less favorably on the basis of ac-
tual or perceived 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.

Punishable Acts / Acts of Discrimination

It is hereby prohibited to discriminate any person and/or group of people on the basis of
sexual orientations and gender identities/expressions. It is unlawful for any person, natural
or juridical, to:

Section 2. Discrimination to Private or Public programs and services-

Deny access to private or public programs and services of any person, access to public pro-
grams (e.g. health programs), activities, and services on the basis of SOGIE;

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Section 3. Discrimination based in Education-

a) Refuse admission to or expel or dismiss a person from private or public educational in-
stitutions including technical and vocational facilities, socio-civic organizations, associ-
ations, trainees and internships on the basis of sexual orientation and gender identity/
expressions without prejudice to the right of educational institutions to determine the
academic qualifications of their student.

b) Deny access to student benefits which includes scholarships, financial assistance, merit
awards and election as officers in student government/council based on sexual orienta-
tion and gender identity/expression.

c) Violently harass and bully or any threat of physical, mental, psychological and verbal vi-
olence, intimidation or other threatening disruptive behaviors in schools and educa-
tional institutions by teachers, professors, trainers, administrators or by students of
any person based on sexual orientation and gender identity/expression with concur-
rence to the Republic Act No. 10627 (Anti-Bullying Act of 2014), the Department of Ed-
ucation Department Order No. 40, Series of 2012 (Child Protection Act);

d) Providing onerous or unjust terms and conditions for admission of a person as a stu-
dent;
Unjust terms and conditions may include but not limited:
d.1) Such as requiring requiring mandatory HIV testing
d.2) Mandatory haircut policy
d.3) Requiring compulsory uniforms that does not align with the persons gender
expression

e) Denying or limiting the student's access to any benefit provided by the educational au-
thority on the basis of actual or perceived sexual orientation, gender identity/expres-
sion; and/or

f) Expelling or subjecting the student to any penalty or any other detriment on the basis
of actual or perceived sexual orientation, gender identity/expression.

Section 4. Discrimination based on Employment and Work-related—

a) Deny or limit the rights of trainings, recruitment, promotion remuneration and other
terms and conditions of employment based on perceived or actual sexual orientation;

b) Denying or limiting opportunities to favorable terms and conditions of employment

which afford employee advancement in all levels of government service and employ-
ment in Mandaue;

c) Excluding membership in labor unions or similar organiZation;

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d) Subjecting any employee to workplace harassment or any threat of physical, mental

and verbal violence, intimidation or other threatening disruptive behavior committed
by the employer or by another employee; and/or

e) Dismissing the employee or subjecting the employee to any other detriment on the ba-
sis of perceived or actual sexual orientation and gender identity/expression.

f) Work-related discrimination shall be subject to the provisions of the Labor Code of the
Philippines and other pertinent laws such as but not limited to, Magna Carta for Per-
sons with Disability, Magna Carta for Senior Citizens, Child and Youth Welfare Code,
Magna Carta for Women, Indigenous Peoples Rights Act, among others.

There is a work-related discrimination when disability, age, health status, sexual ori-
entation, gender identity, ethnicity and religion are included in the criteria for hir-
ing, promotion and dismissal of workers, when the same are immaterial to the na-
ture of the work required, and in the determination of employee compensation,
training, incentives, privileges, benefits or allowances, and other terms and condi-
tions of employment.

Unjust terms and conditions may include but not limited to:
f.1) Mandatory HIV testing and divulging of HIV/AIDS status
f.2) Mandatory haircut policy
f.3) Requiring compulsory uniforms that does not align with the persons gen-
der
expression

g) Refusing employment to a job applicant on the basis of actual or perceived sexual ori-
entation, gender identity and expression.

Section 5. Discrimination in Freedom of Association and Organizational affiliation- Refuse or

revoke the accreditation, formal recognition, and/or registration of any organization,
group, institution or establishment, in educational institutions, workplaces, communities,
technical facilities, training, internship vocational facilities and similar settings, solely on
the basis of the sexual orientation and gender identity/expressions of their members or of
their target constituencies.

Section 6. Discrimination in Freedom of Expression- Submit or force any person from re-
pressing his/her sexual orientation and gender identity/expression according to policies of
any government units in Mandaue, organizations, institutions, establishments, facilities and
utilities that are public or private.

Section 7. Discrimination in Access to public programs and services-

The submission of tactical delay by public officers in providing public programs and ser-
vices to people of diverse SOGIE.

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Section 8. Discrimination in Access to health and any related services-

Deny a person's access to medical and other health services and as well as health insurance
and other related benefits as provided for under the law on the basis of sexual orientation
and gender identity/expressions.

Medical, other health services and related benefits my include but not limited to the follow-
ing:
a) Ensuring that service providers in public and private institutions, centers, departments,
and agencies are inclusive, sensitive and responsive to the health needs of LGBT persons,
and adheres strict compliance to clients confidentiality;

b) Coordination and assist public and private institutions, centers, departments, and agen-
cies in the proper integration and/or inclusion of the health needs of LGBT persons in ex-
isting private and government programs;

c) Implement, monitor and evaluate health and wellness programs that are absent;

d) Development of auditing tool and a monitoring and evaluation tool (M&E) tool to ensure
consistency in quality and quantity the integration and inclusion of SOGIE related health
and wellness programs of public and private institutions, centers, departments, and agen-
cies;

d.1) Ensure proper coordination and updating of the City Health Department, Social
Services Development Department, Office of Senior Citizens Affairs, Mandaue City Dis-
trict Hospital and other pertinent departments of the local government;

Section 9. Discrimination in Accommodation-

Deny a person access to and/or the use of private and public establishments, accommoda-
tions like the facilities, utilities, transportation or services, including housing, open to the
general public on the basis of sexual orientation and gender identity/expressions and not-
withstanding the existence of the person's capacity to comply or his/her actual compliance
with the requirements set forth in order to access enter such establishments.

There is a denial when, among others:

a.1) A person is given inferior accommodations or services; and

a.2) Rejection of any application, entry and participation solely on the basis of sexual
orientation and gender identity/expressions.

Requirements may include but not limited to:

a.i) Mandatory HIV/AIDS testing/results or divulge of status.

a. ii) Mandatory conforming to non-align gender expressions base on the person’s per-
ceived gender identity.

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Section 10. Denial of Legal Documents-

Deny an application for a license, clearance, certification or any other document issued by
governmental authorities or other private or juridical entities on the basis of perceived sex-
ual orientation, gender identity/expression.

a) Discrimination due to the denial of an application or revocation of a professional license,

clearance, certification or any other document issued by any government authority due to
applicant's disability, age, health status, sexual orientation, gender identity, ethnicity and
religion shall be handled by the appropriate administrative agencies of government which
grants such license clearance, certification and other documents without prejudice to re-
course by the victims with the appropriate court and other concerned government agen-
cies.

Section 11. Discrimination in Goods and Services-

Deny a person delivery of goods and services; it shall be unlawful for a person, natural or
juridical, whether as principal or agent, to discriminate against a person on grounds of sex-
ual orientation and gender identity/expression.

a) Refusing to provide goods and services and/or imposing onerous terms and conditions
to a person on the grounds of one's actual or perceived sexual orientation, gender
identity/expression as a prerequisite for providing such goods and services where the said
terms and conditions are not imposed on another person under the same or similar cir-
cumstances.

Section 12. Verbal, Non-verbal ridicule and Vilification-

Verbal, non-verbal ridicule and vilification such as acts that result to loss or reduction of
the self-esteem of the individual, such as making fun or contemptuous imitating or mockery
of people of diverse SOGIE whether in writing, or ni words, or ni action; uttering of slander-
ous and abusive statements; executing any public activity that incites hatred or severe
ridicule of a person.

Section 13. Harassment, unjust detention and involuntary confinement-

Unlawful harassment, unjust detention involuntary confinement because of one's actual

perceived sexual orientation, gender identity/expression.

Section 14. Disallowance from Entry and Refusal to Serve-

Disallowance of entry and refusal to serve; ir shall be unlawful to refuse entry and/or disal-
low a person or group of people from entering any establishment such as bars, stores,
movie houses, shopping malls, and other places or entertainment and other business which
are open to the general public; and/or refuse to attend to, or serve any orders for food

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drinks and other goods, consumable and non-consumable; or to subject one discrimination
or harassment in buses, taxis, ships, airplanes, on the basis of actual or perceived sexual
orientation, gender identity/expression.

Section 15. Promotion of Discrimination against LGBT Persons-

Promotion of discrimination against the LGBTIQ through the unlawful organization and ac-
tivities that incite discrimination against people based on actual or perceived sexual orien-
tation, gender identity/expression.

Section 16. Discrimination in Media and Safe Spaces-

a) Deny benefit to one group at the expense of the other through use of language, media,
religion and economics though institutional suppression.
b) Shaming based on the person's diverse sexual orientation and gender identity/expres-
sion may ti be ni families, communities and institutions in the public or private sphere.

Section 17. Any other Analogous Act-

a) Subject or force any person to any medical or psychological examination without the
expressed approval of the person involved on the basis of perceived sexual orientation
and gender identity/expressions; Provided that such person is not psychologically inca-
pacitated a s determined by competent authority.

b) Discriminating people based on non-conformitv of the heterosexual or homonormative

lifestyle and though the imposition on stereotypes in an abusive manner.

Rule 4. AFFIRMATIVE ACTS

Section 1. Programs for the City-

The Mandaue City government shall endeavor to ensure that discrimination is prevented
and effectively addressed through the following programs:

a) Budget Appropriation for Comprehensive Diversity Anti-Discrimination Program-

The Mandaue City government shall appropriate an annual allocation of at least ONE MIL-
LION PESOS (Php1,000,000.00) to address discrimination and stigma which has the follow-
ing components:

a.1)Capacity Building and Education Campaign. To curb social stigma and eliminate
discrimination towards people of diverse sexual orientation and gender identities/
expressions, a comprehensive consciousness and awareness-raising campaign and
developing knowledge, harnessing skills, and values formation on respect for human
rights and human dignity shall be undertaken within public and private institutions,

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establishments, organizations and communities. Further the program shall include

the following:

1.a) Hate Crimes, Discrimination and Stigma Studies and Databank. Funds shall be al-
located for stigma and discrimination case documentation, researches and informa-
tion dissemination as well as set-up a databank of different cases and experiences of
stigma and discrimination. All of the data shall be collected through soft and hard
copies in the Diversity Affairs for Sexual Orientation and Gender Commission (DA-
SOG).

Such duties and responsibilities shall be assisted by but not limited to the Mandaue
City Social Welfare and Development as the co-chair of the commission and the desig-
nated LGBT Help desks Officers.

1.b) Discrimination and Stigma Monitoring. This refers to monitoring of discriminat-

ing articles, songs, videos, books and other materials published in print media and
the internet, broadcasted through television and radio and filing the appropriate
charges.

This would require coordination but not limited to between the DASOG Commission
and the Mandaue Public Information Office.

2. Access to Scholarships, Skills, Employment and Livelihood Opportunities. The Man-

daue City government shall ensure that all people have equal access to scholarships,
skills trainings, employment, livelihood opportunities, technical facilities, vocational
facilities and micro-finance opportunities and ensure equitable access to people
who by reason of disability, age, health status, sexual orientation, gender identity,
ethnicity and religion are discriminated; Commission on Higher Education (CHED)
Memorandum Order No. 01-2015 for the policies and guidelines on gender and de-
velopment are implied for people of diverse sexual orientation and gender identity;

Section 2. Affirmative Acts in Employment-

People of diverse sexual orientation and gender identity/expression shall be accorded with
the compensation commensurate to their employment as stipulated by the Regional Wage
Board or as provided by pertinent legislation by Congress. Persons with SOGIE shall be
given equal protection for social legislation benefits, ei. SSS, GSIS, PhilHealth, Pag-ibig and
other existing laws, rules and regulations.

A copy of this Ordinance shall be provided to all business establishments in Mandaue City.

Section 3. Affirmative Acts in Education-

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There shall be equal access to opportunities for people of diverse SOGIE in various train-
ings and scholarships. The following shall be mandatory for all establishments in Mandaue
City:

a) Availability of Anti-Discriminatory Materials. All schools, colleges,

universities and other educational and training institutions, whether public or private, lo-
cated ni Mandaue City, shall develop and make available resource materials on gender
rights and empowerment, including laws and ordinances pertinent to the elimination of
any form of discrimination on the basis of actual expression (SOGIE) in their libraries.

b) Elimination of Gender Stereotyping. All schools, colleges, universities and other educa-
tional and training institutions, whether public or private, located in Mandaue City, shall
promote the elimination of sex-role stereotyping and gender discriminatory role-modelling
for students in academics and extra-curricular activities.

c) The Anti-Bullying Act of 2013 and the Department of Education Department Order No.
40, S. 2012 on Child Protection which are applied to all academic institutions and policies
shall be reiterated within the context of SOGIE based discrimination.

Section 4. Access to Legal Representation.

The Mandaue City government shall facilitate and assist victims of stigma and discrimina-
tion and shall be afforded legal representation when documenting and filing cases as well
as during the duration of the case;

Section 5. MCPO Task Force.

The Mandaue City Police Office is strongly encouraged to handle specific concerns relating
to sexual orientation, gender identity and expression by means of creating a task force
through existing Violence Against Women or VAWC/human rights desk in all police sta-
tions in Mandaue City, to wit:

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

b) Ensure that barangay officials, barangay security or tanod and other barangay workers,
including volunteers, undergo training to enable them to respond to victims of gender dis-
crimination and violence against people of diverse sexual orientation, gender identity and
expression;

b.1) Trainings may include but not limited to Gender Sensitivity Training, Basic con-
cepts of SOGIE and among others.

c) Assist the victim in filing the appropriate complaint with the Mandaue City Police Office
or other law enforcement agencies; and/or

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Procedure in the Disposition of SOGIE-Based Cases under the MCPO Task Force:

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

2) Action on the Complaint. Upon receipt of a complaint which is sufficient in form and sub-
stance, the Chairperson of the DASOG through the LGBT Help Desk focal shall within two
working (2) days transmit the same to the MCPO Task Force. A Notice of Complaint will
be sent to the respondent alleging the violations of the Ordinance.

3) Admission of Fault, Damages, Measures to End Violations. Respondent may admit fault,
enforce measures to end the violations based on SOGIE or perceived SOGIE, pay damages
to the complainant, and a fine of not less than five thousand pesos (Php5, 000.00), un-
dergo a SOGIE seminar, conduct community service, or be imprisoned for one (1) year at
the discretion of the court;

d) Ensure that all pertinent documents are forwarded to the Mandaue City Police Office.

Section 6. Policy Review.

The Mandaue City government shall ensure that all policies embodied in resolutions, ordi-
nances, codes and other policy documents are free from discriminatory statements and
provisions and undertake necessary amendments o f those provisions to effectively
eliminate discrimination, stigma and stereotypes reviewed by the diversity Affairs for Sex-
ual Orientation and Gender Commission.

Section 7. Remedial Measures-

The remedial measures for any complaints against any person(s) who may violate this Or-
dinance may include, but not limited to the following, to wit:

a) Complainants shall lodge their complaint(s) of any violation with the Lupon Tagapa-
mayapa (Barangay Chairman) as provided by R.A. 7160 otherwise known as the Local Gov-
ernment Code of 1991 and the Katarungang Pambarangay Law, provided both parties are
residents of the same barangay; otherwise, the case shall be filed directly in court.
a.1) The criminal complaints for violation of the ordinance shall be filed directly with
the Municipal Trial Court (MTC) while civil complaints for damages will be filed either
in the MTC or Regional Trial Court (RTC) depending on the amount of damages de-
manded.

b) The key roles of Barangay Violence against Women and Children (VAWC) Desk and PNP
Women's and Children's Desk in the implementation of this ordinance is vital.

They are vital in providing safety and protection to the victim-survivor by but not limited pro-
cessing and issuing the Protection Order. A protection order is an order issued under the ordi-

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nance 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-sur-
vivor from further harm, minimizing any disruption in the victim-survivor’s daily life. The pro-
tection order that may be issued by the barangay shall be known as the Barangay Protection
Order (BPO).

The reliefs that may be granted under the BPO are the following:

b.1) Prohibition of the respondent from threatening to commit or committing, person-

ally or through another, any of the prohibited acts under Section IV of this ordinance;

b.2) Prohibition of the respondent from harassing, annoying, telephoning, contacting,

texting, or otherwise communicating with the victim-survivor, directly or indirectly.

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How to Apply for Barangay Protection Order (BPO):

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NOTE: Only Women/Transgender Women can apply for BPO

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i. 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 Punong Barangay who
has jurisdiction over the application. The Punong Barangay or Kagawad
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.

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ii. The Punong Barangay or Kagawad 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 on 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 a 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.

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iii. A BPO is granted ex parte, without notice and hearing to the respondent.
The victim-survivor/petitioner may be accompanied by any non-lawyer ad-
vocate in the proceedings before the Punong Barangay. The Punong
Barangay, Barangay Kagawad, VAWC Helpdesk Officer or GAD Focal Per-
son, law enforcers and other government agencies shall not mediate or con-
ciliate for a protection order to compromise or abandon the relief sought.

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iv. The BPOs shall be effective for 15 days. Immediately after the issuance of an
ex parte BPO, the Punong Barangay, Barangay Kagawad 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.

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v. 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 Order or Permanent
Protection Order with the nearest court in the place of residence of the vic-
tim-survivor. For indigent petitioner, the barangay shall ensure that trans-
portation and other expenses are provided for in filing for an application
for a protection order with the courts.

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vi. The Punong Barangay or Barangay Kagawad or Barangay Secretary shall

record all BPOs in a logbook specifically for cases of violence and discrimi-
nation against LGBTQ persons on the basis of their actual or perceived SO-
GIE. This logbook is confidential and must be kept from the public especially
from media. All issued BPOs should be reported to the local office of the De-
partment of Interior and Local Government (DILG), Mandaue City Police Of-
fice (MCPO), the Mandaue Diversity Affairs of Sexual Orientation of Gender
(DASOG), the Commission on Human Rights (CHR) and in other designated
agencies in Mandaue City.

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vii. 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.

c) Any form of bigotry, stigma and discrimination shall not be tolerated and shall be
grounds for filing of complaint subject to the nature of the mental, psychosocial and
physical trauma a person is experiencing whether ti may be in the form of hate speech,
bashing, humiliation, bullying, shaming, that consequentially would result to anxiety
and depression as mental and psychosocial traumas.

d) The victim of SOGIE-based discrimination can pursue and file separate and indepen-
dent action for damages and other affirmative reliefs.

Affirmative reliefs may include but not limited to the following:

d.1)Monetary and Goods compensation equivalent to the number of days loss or ab-
sence from work as provision for daily sustenance and worth of damages to livelihood.

d.2)Medical, Psychological or other related therapy to subdue or remedy the trauma

or injury that the perpetrator may have inflected but not limited to the victim-survivor
and closest keen, partner or affinity.

d.3)Public apology in written or media publications with admittance of crime and pre-
ventive measures to undertake to avoid committing such or similar offense to other
members of the LGBT community.

Rule 5. THE DIVERSITY AFFAIRS FOR SEXUAL ORIENTATION AND GENDER COMMIS-
SION

Section 1. Creation and Composition -

There shall be created the Diversity Affairs for Sexual Orientation and Gender Commission
(DASOG) within one year from the effectivity of the ordinance, which shall be directly and
primarily responsible for the implementation of the provisions of the ordinance.

It shall be the duty of DASOG to coordinate with the appropriate agencies and offices to im-
plement the programs provided in the Ordinance and monitor or take action on any com-
plaint brought before it falling under the provisions of Prohibitions in the Ordinance.

a. The composition of the Commission shall be as follows:

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• The City Mayor as the Chairperson;

• The Department Head of the City Social Welfare Services Office as Co-Chairperson;
• The Chairperson for Gender and Development or
its equivalent committee as the case may be in the Sangguniang Panlungsod, as
member,
• Three (3) representatives from the LGBT community duly appointed by the Local
Chief Executive, as members;
• Representative from the City Health Department of the City Government of Man-
daue, as member; and
• One (1) representative from the Department of Education, Mandaue City Division,
as member.

Section 2. Access to Specific Health Programs. -

The Mandaue City government through the City Health Department shall endeavor to en-
sure that people of diverse sexual orientation and gender identities are given the necessary
and appropriate health care responsive to their health needs to be effectively addressed
through the existing Reproductive and Sexual Health Program provided that there is for-
mulation and integration of the Transgender-specific Health Program for transgender peo-
ple.

a) The City shall provide a desk to provide concrete transitioning program catered to
Transgender individuals with the guide of an accredited counselor that would cater to
their needs and guide them through the hormonal change that they go through.

b) The City Health Department shall provide HIV-AIDS services that are addressed for the
key populations affected; a regular desk for the wellness center shall be created so that
people can cater to the LGBT key populations.

c) Health services for people of diverse SOGIE shall be provided in a non-discriminatory

manner and health care professionals shall be sensitive towards the needs of the peo-
ple of diverse sexual orientation and gender identity/expression.

d) Extend quality health care services and information on reproductive health without re-
gard to one's marital status, age, religious affiliation, sexual orientation, gender identity
and gender expression, personal circumstance and nature of work.

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Quality Health Care Services may include but not limited to:

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d.1) Overseeing the implementation of sexual and reproductive health pro-

grams for all Mandaue City-based establishments,

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d.2) Initiating dedicated measures for LGBT workers to access, without dis-
crimination, Sexually Transmitted Disease (STD) and Sexually Transmitted In-
fections (STI) check-ups and treatments, including but not limited to, life saving
Human Immunodeficiency Virus (HIV) management, prevention, care and sup-
port services;

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d.3) Initiating 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. This includes, but not limited to hormone/therapy for
transgender people;

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d.4) All hospitals in Mandaue City shall provide appropriate, evidenced-based

medical counselling and HIV referrals for LGBT people.

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e) Monitor and ensure that provision for gender-sensitive, gender- responsive and
accessible health services for people of diverse sexual orientation and gender
identity and expression are available both at the hospitals within the city and in
barangay health centers.

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f) Develop modules for gender responsive health care services and reproductive
health information including those used for STDs, HIV, and AIDS; and such shall
be integrated in seminars, orientations and educational activities.

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g) Encourage the establishment of the LGBT Desk in every public and private hos-
pital to handle concerns pertaining to the proper administration of medical ser-
vices to a person with specific needs, according to one's self-identified sexual
orientation, gender identity and expression, in order to provide a comprehen-
sive, responsive and accessible health services

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h) Build the capacities of barangay health workers, schools and community-based

health personnel in delivering gender sensitive and gender responsive health
services to the community in coordination with the and barangay non-govern-
mental organizations.

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Ensuring that barangay health workers shall refer LGBT persons seeking health infor-
mation and services to appropriate health service providers.

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Section 3. Social Welfare of the LGBTIQ-

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The Mandaue City government with the assistance of the City Social Welfare and De-
velopment Office shall endeavor to ensure the access of the LGBTIQ people to educa-
tional opportunities, relevant information, livelihood, leisure, cultural activities, reli-
gion and the right to full expression of thought, conscience and speech.

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Section 4. Institutionalization of SOGIE in the City-

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SOGIE shall be part of the Committee on Gender And Development in the Sangguni-
ang Panlungsod. The City, through its Gender And Development Office under the
City Social Welfare Services Office will facilitate in the institutionalization of LGBT
organizations of the GAD sectors in the barangay. The implementation of the follow-
ing projects may be made:

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a) Capacity building programs for the institutionalized LGBT organizations and

shall be made mandatory in the form of gender- sensitivity training and SOGIE

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b) An integrated social welfare program for the LGBTIQ shall be formulated, within
one (1) year from the effectivity of this ordinance by the Mandaue City Council,
after consultation with the City Social Welfare Services Office, LGBTIQ groups,
other government agencies, private sector, and non-government organizations;

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c) Existing youth programs of Mandaue City through the Local Youth Development
Council and SK Federation President’s Office shall be inclusive to the participation
of LGBT youth;

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d) Existing Social Welfare Programs that may take form in Socialized Housing shall
be equally accessible and inclusive to LGBT SENIOR CITIZENS; and

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e) Capacity-building and sensitivity-training for al teaching and non- teaching per-

sonnel of the Department of Education - Division of Mandaue City.

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Section 5. Other Programs. The following programs but not limited to may be under-
taken by the DASOG Commission through designating among the three (3) representa-
tives from the LGBT Community duly appointed by the Local Chief Executive with the
assistance from the other members of the commission:

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a) LEGAL AID PROGRAM

Legal Assistance
i. Receive and actively look for discrimination acts against members of the LGBTIQ
community in Mandaue City;
ii. Facilitate and assist victim of stigma and discrimination in filing appropriate com-
plaint with the Mandaue City Police Office (MCPO) or other law enforcement
agencies;
iii. Provide and ensure access to Legal Representation of Victims of Discrimination
and violence based on SOGIE.

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iv. Ensure access to Police Representation and that all pertinent documents are
forwarded to the MCPO, the City Legal and other pertinent agencies;

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v. Set out the mechanism for redress and resolution;

vi. Maintain discrimination case documentation, case monitoring system, in coordina-

tion with the Research and Police Review Program;
vii. Ensure proper coordination and updating of the City Legal, People’s Law Enforce-
ment Board, City Personnel Department, Gender and Development Resource and
Coordinating Office, Barangay Operations Center, and other pertinent depart-
ments of the local government;

Policy Work

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i. With the approval by the Mandaue City Diversity Affairs of Sexual Orienta-
tion and Gender, to recommend to the Sangguniang Panlungsod SOGIE re-
lated draft ordinances and policies related to LGBTIQ concerns;

ii. Ensure Barangay sectoral representation LGBT persons;

iii. Standardize the work and process in the MC Task Force;

Coordination work

i. Liaise with the appropriate agencies and city hall departments on behalf of DA-
SOG on matters that are public, social and legal matters;
ii. Engage the LGBTIQ community and other stakeholders in terms of policy-making
and policy change. (e.g. Policy review and policy realignment);
iii. Provide legal advisement on LGBTIQ issues and initiatives;

b) DOCUMENTATION, RESEARCH AND POLICY REVIEW PROGRAM

Documentation & Monitoring Work
I. Develop a standardized system in documenting, recording and safe-keeping of
cases of discrimination and violence to people because of their actual or perceived
sexual orientation, gender identity and expression (SOGIE);
II. Creation of the LGBT Discrimination & violence Data Bank to easily access vari-
ous cases and experiences of stigma and discrimination based on
III. Monitor complaints concerning violations of any provision of this Ordinance;
IV. Ensure incorporation of LGBT issues in the Community through available mecha-
nism
V. Ensure integration of SOGIE issues in the present Gender Audit;
VI. Ensure proper coordination and updating of the Public Affairs and Information
Services Office, MC Information Technology Development Office, and other perti-
nent departments of the local government;
VII. Set-up mechanism to monitor and ensure compliance of public and private estab-
lishments and institutions in the implementation of the IRR;
Policy Review Work
i. 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 effec-
tively eliminate discrimination, stigma, and stereotyping LGBTIQ persons;
ii. Policy review of the ordinance (Periodic, e.g. every 5 years)

Research Work
i. Research on the impact of the SOGIE Ordinance after 5 years of implementation

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ii. Develop standards indicators assessing public and private establishments, agencies
and institutions’ compliance to the SOGIE Ordinance
iii. Provide contextual and analytical reports and recommendation on LGBT related
legislative measures from local, regional and International sources
iv. Develop partnerships to undertake relevant SOGIE related research (e.g. acquire
historical and current LGBTIQ issues)

c) INFORMATION AND MEDIA RELATIONS PROGRAM

Information, Education & Communication (IEC) Dissemination Work
i. Secure affirmative and comprehensive educational programs that will enhance
knowledge-capability to all members of the community of the municipality to ensure
that no discrimination will be made according to one persons’ SOGIE in the access
of knowledge through:
a. Development of LGBTIQ syllabi and modules for training programs in the forms
of workshops, seminars, colloquia, etc.;
b. Creation and harmonization of IEC materials (SOGIE-related issue/topics) sign
of approval of all IECs.
c. Develop knowledge tools (textbooks, toolkit etc.;
d. Ensure proper coordination and updating of the Public Information Office, Man-
daue City Public Library department, Division of City Schools, MC Information
Technology Development Office, Barangay Operations Center, Community Rela-
tions Office, and other pertinent departments of the local government;
Capacity Building Work
i. Create atmosphere of understanding of the LGBTIQ community through work-
shops, seminars, audio visual presentations, and/or film showings to barangay offi-
cials, parents, children and other members of the LGBTIQ community and the gen-
eral public;
ii. Develop teaching staff for LGBTIQ educational programs in the forms of work-
shops, seminars, colloquia, etc.
iii.Develop LGBTIQ individuals to become more confident with and be concerned
with the development of their community through workshops, seminars, audio vis-
ual presentations, and/or film showings.
iv. Establish national as well as international linkages and relations in the advance-
ment of knowledge about LGBTIQ issues.
v. Develop Media Programs and materials that will help eliminate discrimination and
violence against the LGBTIQ community and enhance the human potentials of each
LGBTIQ person through:
a. Development of print, audiovisual materials and/or films for anti-discrimination
campaign to be implemented by DASOG;
b. Development of print, audiovisual materials and/or films for Educational Pro-
grams to be defined and implemented by DASOG;
c. Create library of print, audiovisual materials and films (documentaries, short and
feature) to be supervised by DASOG.
d. Press Releases

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Media Relations Work

i. Draft Statements and Press Releases for Mandaue City Diversity Affairs of Sexual
Orientation and Gender
ii. Ensure proper coordination and updating of the Public Information Office, Man-
daue City Public Library department, Division of City Schools, Management Infor-
mation Systems Office (MISO), Barangay Development Coordinator, and other
pertinent departments of the local government;

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Section 6. Commemoration of Annual LGBTIQ Events-

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In support with the LGBTIQ community the City Government of Mandaue shall com-
memorate the annual celebration of the following:

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a) International Day against Homophobia and Transphobia (IDAHOT) on May 17;

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b) Celebrate Bisexuality Day on September 23;

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c) Philippines' Pride March on the first Saturday of December;

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d) World Aids Day on December 1;

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e) National Lesbian Day on December 8;

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f) Human Rights Day on December 10;

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g) Day commemorating the establishment of the Mandaue Diversity Affairs Commis-

sion;

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h) Mandaue Pride Month.

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Other celebrations that the DASOG Commission may commemorate:

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i) Holding of Mandaue City Film Festival;

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j) Transgender Day of Remembrance on November 20

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k) Transgender Day of Visibility on March 31

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l) Genderqueer or Non-Binary Day on July 14

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m) Coming Out Day October 11

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n) Intersex Awareness Day on October 26

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o) National HIV testing week and other city initiated HIV Testing activities;

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p) Community Environmental Clean-Up;

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q) Beauty contests; Santacruzan/Flores de Mayo/SaGaylahan and Parade, Transmen

Show, etc;

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r) Rainbow Day for Mandaue City;

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s) All other days of observance as legislated and passed by the National Legislature
and Mandaue City Council in the future, including a day commemorating the es-
tablishment of the Mandaue City Pride Council and passage of the Mandaue City
LGBT Code shall be designated by the City Council and the Mayor and be observed
annually

Section 7. Programs for the Diversity of Sexual Orientation and Gender Identities and Expres-
sions.

a) Mandaue Queer Studies Center will be located ni and under the Diversity Affairs for Sex-
ual Orientation and Gender Commission and also create a satellite Queer Studies section in
the Mandaue City Public Library which will hold a repository and research for LGBT litera-
ture and academic works.

b) Mandaue SOGIE Pride Month Programs for identification of sexual orientation and gen-
der identity expression.

Section 8. Facilities and Support Systems for People of Diverse SOGIE.

All government agencies, private offices and commercial/industrial establishments may

designate toilet rooms and lavatories labeled as SOGIE comfort rooms.

Establishments supplying physical goods and services shall require that goods and services
are delivered to eligible individuals in a non-discriminatory manner in accordance with the
standards provided under applicable laws.

Rule 6. PENAL PROVISIONS

Section 1. Penal Provisions. -

Any person or entity who violates any provision of this Ordinance shall suffer the following
graduated penalties:

a) First offense

a.1) The offender violating this ordinance shall be penalized with a

fine of One Thousand Pesos (Php1,000.00), undergo a SOGIE seminar, conduct community
service, or be imprisoned for three (3) months at the discretion of the court;

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b) Second offense

b.1) The offender violating this ordinance shall be penalized with a fine of Three Thousand
Pesos (Php3,000.00), undergo a or be SOGIE seminar, conduct community service, impris-
oned for six (6) months at the discretion of the court,

c) Offenses committed a third time or oftener

c.1) The offender violating this ordinance shall be penalized with a fine of Five Thousand
Pesos (Php5,000.00), undergo a SOGIE seminar, conduct community service, or be impris-
oned for one (1) year at the discretion of the court;

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Rule 7. IMPLEMENTING RULES AND REGULATIONS

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Rule 8. SEPARABILITY CLAUSE

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If any provision or part hereof is held invalid or unconstitutional by a Court of competent

jurisdiction, the remainder hereof shall remain valid and subsisting.

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Rule 9. REPEALING CLAUSE

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Any provision of law or regulation inconsistent herewith is hereby repealed, revoked or

modified accordingly.

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Rule 10. EFFECTIVITY CLAUSE

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This Implementing Rules and Regulation will take effect after approval/signing of the City
Mayor.

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