Gender identity is a person‘s internal sense of being a man or a woman or a
third or alternative gender, or a combination of genders.20
Gender expression is a person‘s ways of communicating masculinity or
femininity (or both or neither) externally. This is done through physical
appearance – including clothing, hair styles and the use of cosmetics – and
mannerisms, ways of speaking and behavioral patterns when interacting with
others.21
Sex, on the other hand is differentiated from the term SOGIE, which refers to ‗a person‘s
biological characteristics. These may be genetic, hormonal or anatomical and typically are used to
categorise people into two distinct categories as either male or female.‘22
The oppositors claim that the bill is anti-family and anti-marriage citing Family Code, which
defines marriage as:
a special contract of permanent union between a man and a woman entered
into in accordance with law for the establishment of conjugal and family life. It
is the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations
during the marriage within the limits provided by this Code.23
The bill sought to prohibit discrimination in employment and associated rights on the basis of
one‘s sexual orientation, gender identity or expression. Senate Bill No. 1271, does not attempt to
legislate same-sex marriages (usually called Marriage Equality in other jurisdictions).
Contrary to the claim of the oppositors, the bill likewise does not encourage profiling. In fact, the
bill includes profiling as one of the discriminatory practices that it hopes to prohibit. The bill provides:
Section 5 - Discriminatory Practices. - It shall be unlawful for any person,
natural or juridical, to:
xxx
j. Subject any person, natural or juridical, to profiling, detention,
or verbal or physical harassment on the basis of SOGIE. Profiling, detention,
or verbal or physical harassment on the basis of SOGIE by members of law
enforcement agencies, including the military, police, immigration, is likewise
prohibited. Physical or verbal harassment based on SOGIE of persons in
custody or detention of the police, including subjecting them to extortion, is
also prohibited;
xxx
The CHR X has noted that the City Council of Cagayan de Oro has proposed an ordinance on
diversity and equality. The proposed ‗Cagayan de Oro City Diversity and Equality Ordinance‘ aims to
eliminate all forms of discrimination that violate and offend the guarantee of equal protection enshrined
in the Bill of Rights, and the State‘s obligations under Human Rights instruments to which the Philippines
is a State party.24 The proposed ordinance hopes to prohibit and eliminate discrimination, whether
directly or indirectly, based on personal characteristics such as age, racial or ethnic origin, religious
belief or activity, political inclination or conviction, social class, sex, gender, sexual orientation, gender
identity and expression, marital or relationship status, disability, health status or medical history,
20
Ibid, 12.
Ibid.
22
Ibid, 13.
23
Article 1, Executive Order No. 209 The Family Code of the Philippines, July 6, 1987
24
Proposed Cagayan de Oro City Diversity and Equality Ordinance, Article I, Section 2.
21
GAD January-May 2020 Situation Report
CHR-X
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