Committee OKs proposed antidiscrimination ordinance

The Cebu City Council’s Committee on Laws, Ordinances, and Styling has interposed no objection to the enactment of the proposed comprehensive antidiscriminatory ordinance for people of diverse sexual orientation, gender identity, and gender expression in the city.

The proposed measure seeks to provide a comprehensive ordinance that covers cases relating to acts of discrimination based on sexual orientation and gender identity and/or expression.

It is authored by Councilors Joel Garganera, Alvin Dizon, and Jessica Resch, the president of the city’s Sangguniang Kabataan Federation.

“This Committee notes that even in the Philippines, people of diverse sexual orientation and gender identity and expression (SOGIE) are often times subject to physical and verbal assaults. Stigma and discrimination against those belonging to the LGBTQI community still pervade; and even worse, abuse and violence against them, are left undocumented. Yet, there is still yet to be a law passed that specifically addresses discrimination and enhances gender equality for the LGBTQI sector. The Sexual Orientation and Gender Identity Expression (SOGIE) Equality Bill, however, is already pending in Congress,” read the committee report.

“Thus, while awaiting the passage of this Bill, or any national law to that effect, this Committee is of the considered opinion that the Sangguniang Panlungsod may enact the proposed ordinance pursuant to the General Welfare Clause provided under the Local Government Code. The City recognizes the numerous contributions the LGBTQI community has made in Cebu’s culture and the arts, on top of being invaluable members of society, and deserve protection from all sorts of discrimination. The ordinance may thus be enacted,” it added.

The committee, however, emphasized that portions of the penal provisions of the proposed ordinance cannot be carried over.

“The imposition of community service and the requiring of attending a seminar might be prohibited, as it is not one of the penalties sanctioned by Section 458 (a) (1) (iii) of the Local Government Code,” read the committee report.

The committee said there have been local government units (LGUs) requesting for legal opinion on a similar matter and the Department of the Interior and Local Government (DILG) has held that community service, as a penalty, is contrary to the power granted under the Local Government Code, and is therefore illegal.

It stated that it would also appear that Republic Act 11362 or the Community Service Act (CSA), which the proposed ordinance makes reference too, only appears to apply to penalties under the Revised Penal Code and not for penalties under the Local Government Code.

“One possible workaround for this prohibition would be to instead allow the option of community service and to undergo a SOGlE seminar as an alternative administrative compromise of sorts. For while it is clear that the LGU cannot impose community service and mandatory seminars as penalties for violations of the ordinance, there is yet no adverse opinion with regards to having it as a compromise penalty. The proponents can thus explore this as an option,” said the committee.

Considering that the proposed ordinance provides penal provisions, the committee recommended that it must undergo a public hearing before its second reading, pursuant to the Sanggunian’s House Rules.

A public hearing will give any interested person or in this case the affected establishments, an ample opportunity to air out their grievances or concerns, if any. —