> BELOW IS THE COMPLETE TEXT: Thanks!

> Proposed Resolution No. _______ 

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> WHEREAS, the 1987 Philippine Constitution and the Labor Code expressly declare the duty of the
State to uphold “the dignity of every human person” and to “ensure equal work opportunities” for all its
citizens;
>
> WHEREAS, these provisions in our fundamental law and civil rights statutes have apparently remained
hollowed statements as there are sectors in our present-day Philippine society that continue to suffer
various forms of discrimination in the workplace;
>
> WHEREAS, lesbians, gays, bisexuals and transgenders or LGBT, because of their actual or perceived
sexual orientation or gender identity, are often the objects of workplace discrimination and are usually at
the receiving end of verbal abuse, physical assault or even outright rejection or undue dismissal from
employment; 
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> WHEREAS, previous attempts in the Senate and the House of Representatives to institutionalize a
legislative mechanism that will provide some form of workplace protection for the LGBT community have
unfortunately failed thus far; 
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> WHEREAS, the Sangguniang Panlalawigan of Cebu finds it urgently necessary to enact a local
legislation that would adopt a policy which ensures the protection of the LGBT community from a hostile
work environment; 
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> NOW, THEREFORE, on motion of Member ARLEIGH JAY C. SITOY and duly seconded by Presiding
Officer GREGORIO G. SANCHEZ, JR., that it be
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> RESOLVED TO ENACT, as it is hereby ENACTED, the following:
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> Proposed Ordinance No. ______
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> AN ORDINANCE PROVIDING FOR THE DENIAL, SUSPENSION, AND REVOCATION OF BUSINESS
PERMITS OF PRIVATE EMPLOYERS WHO IMPOSE AS A CRITERION FOR HIRING, PROMOTION
OR DISMISSAL THE SEXUAL ORIENTATION OR GENDER IDENTITY OF WORKERS.
>
> Be it ORDAINED by the Sangguniang Panlalawigan of Cebu that:
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> Section 1. PURPOSE AND INTENT. The Sangguniang Panlalawigan of Cebu hereby strongly
denounces all forms of discrimination perpetrated against persons based on their perceived or actual
gender identity or sexual orientation. This Ordinance, therefore, aims to advance the rights of lesbians,
gays, bisexuals and transgenders, and to protect them from any act of discrimination and prejudice in the
private sector. Through this ordinance, employers in the private sector who impose as a basic criterion for
hiring, promotion or dismissal the sexual orientation or gender identity of workers. 
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> Section 2. DEFINITION. For purposes of this ordinance, the terms hereunder enumerated shall be
understood to bear the following definitions, namely:
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> Gender Identity – a person's innate sense of identification of being male or female that may be in
accord with, or sometimes opposed to, one's physical anatomy, chromosomal sex, genitalia, or sex
assigned at birth as manifested in appearance, behavior, and other aspects of a person’s life. 
>
> Sexual Orientation – manifests a pattern of sexual preference for or attraction to the same, opposite, or
both sexes based on personal history or social identity.
>
> Section 3. PROHIBITED ACTS. It shall be considered a discriminatory practice by private employers to
do any of the following acts based on the sexual orientation or gender identity of workers, namely:
> a. To refuse or deny outright the employment of a lesbian, gay, bisexual and transgenders or LGBT;
> b. To disqualify or bypass LGBT employees from promotion without reasonable justification; 
> c. To compel LGBT employees into job assignments which are evidently incommensurate with their
experience, qualification and background;
> d. To refuse to act on complaints against supervisors and co-employees who display patterns of
abusive and degrading conduct against LGBT employees that tend to interfere with the latter’s work or
promote an offensive or hostile working environment; 
> e. To dismiss or discharge LGBT employees for no apparent reason or valid justification other than their
perceived or actual gender identity or sexual orientation; 
>
> Section 4. ENFORCEMENT. Any person who believes that he/she has been discriminated against by
employers in the private sector based on the acts described in the immediately preceding section may file
a complaint with the Office of the Mayor in the component city or municipality where the private
establishment is located within ninety (90) days from the alleged commission of the discriminatory act. 
>
> Within five (5) days from receipt of the complaint, the Mayor shall immediately refer the matter to the
City or Municipal Social Welfare and Development Officer for investigation and the submission of a
corresponding report within ten (10) days from receipt of the Mayor’s referral.
>
> Based on the report of the City or Municipal Social Welfare and Development Officer, the Mayor shall
immediately render his/her decision and act accordingly thereon. In all instance, the Mayor shall furnish a
copy of his/her decision to the complainant and the private establishment concerned.
>
> Section 5. RECONSIDERATION OF DENIAL, REVOCATION OR SUSPENSION OF BUSINESS
PERMIT. 
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> (a) If the mayor refuses to issue or renew a permit, or revokes or suspends a permit, the applicant or
permit holder shall be notified of the action and a statement of the right to request for a reconsideration of
the decision. The applicant or permit holder may ask for a reconsideration of the decision of the mayor by
written request for a hearing setting forth the reason for the reconsideration, within ten (10) days after
receipt of the notice. The filing of a request for a hearing stays the action of the mayor as to the denial of
a permit or the revocation or suspension of a permit until the mayor makes a final decision.
>
> The formal rules of evidence do not apply at the hearing; the mayor shall make a decision on the basis
of a preponderance of the evidence present within thirty (30) days after the request for a hearing is filed.
The mayor may affirm, reverse, or modify his action on the basis thereof. 
>
> Section 6. REPEALING CLAUSE. All ordinances, regulations and issuances found inconsistent with the
provisions of this ordinance shall be deemed repealed. 
>
> Section 7. SEPARABILITY CLAUSE. If any part, section or provision of this ordinance shall be held
invalid or unconstitutional, no other part, section or provision thereof shall be affected thereby. 
>
> Section 8. EFFECTIVITY. This Ordinance shall take effect fifteen (15) days following its publication in a
newspaper of general circulation. 
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> Legislative Building, Capitol Compound, Cebu City, 08 November 2010.
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> ARLEIGH JAY C. SITOY GREGORIO G. SANCHEZ, JR.
> Sponsor Co-sponsor