NINETEENTH CONGRESS OF THE

REPUBLIC OF THE PHILIPPINES

of tije ss'ccrefai;’
First Regular Session

SENATE
‘22 JUL-7 P2 37

Introduced by Senator Grace Poe

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, INDIGENOUS,
RACIAL OR ETHNIC ORIGIN, RELIGIOUS BELIEF OR ACTIVITY, POLITICAL
INCLINATION OR CONVICTION, SOCIAL CLASS, SEX, GENDER, SEXUAL
ORIENTATION, SEX CHARACTERISTICS, GENDER IDENTITY, GENDER
EXPRESSION, MARITAL OR RELATIONSHIP STATUS, DISABILITY, HIV
STATUS, PROFESSION OR OCCUPATION, HEALTH STATUS OR MEDICAL
HISTORY, LANGUAGE, PHYSICAL FEATURES, AND OTHER STATUS, AND
PROVIDING PENALTIES THEREFOR

EXPLANATORY NOTE

The 1987 Philippine Constitution guarantees equal protection for everyone.

Article II, Section 10 declares the policy of the State to "promote social justice in all
phases of national development." Section 11 of the same Article provides that the
State "values the dignity of every human person and guarantees full respect for
human rights," while Section 14 thereof imposes on the State the duty to recognize
the "role of women in nation-building," and to ensure "the fundamental equality
before the law of women and men."

Additionally, the United Nations Universal Declaration of Human Rights

(UDHR), which the Philippines is a signatory of, provides for the "recognition of the
inherent dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world."1 Article 2 of the
UDHR also provides that everyone is entitled to all the rights and freedoms set forth
in the said Declaration, "without distinction of any kind such as race, color, sex.

1 Universal Declaration of Human Rights Preamble.

 language, religion, political or other opinion, national or social origin, property, birth
or other status,"

However, despite these exalted principles that the country Is supposed to

recognize and uphold, the Philippines still faces considerable problems with regard to
discrimination. For example, back in August 2021, the Yapayao-Isneg Tribe In Ilocos
Norte were mocked and shamed by several netizens for their ethnic clothes,
prompting condemnation and response from the National Commission on Indigenous
Peoples.2 Moreover, despite the country's high score in the Global Gender Gap
Report3, Filipino women still face considerable challenges and discrimination in
society, such as during the hiring process or job interviews where one out of six
women are reportedly being asked by their job interviewers if they have plans to
have children.4 Lastly, Muslim Filipinos still face extensive discrimination on account
of their religion, including difficulty in finding employment5 as well as the continuing
malicious perception of being linked with problems in peace and order.6 These,
among countless other stories, show that there is still a long way to go in mitigating,
if not completely eradicating discrimination in our country.

As such, this proposed bill aims to actualize the principles enshrined in the
Constitution and in international declarations by prohibiting all forms of
discrimination otherwise rooted in characteristics such as age, indigenous, racial, or
ethnic origin, religious belief or activity, political inclination or conviction, social class.

2 Mugas, John Michael. (14 August 2021). "NCIP in Ilocos Norte Condemns Discrimination of
Indigenous People on Social Media". Inquirer.net. Accessed from:
https;//newsinfo.inquirer.net/1473624/ncip-ln-ilocos-norte-condemns-discriminatlon-of-indigenous-
people-on-social-media
3 Philippine Commission on Women. (2021). "Philippines Still Best Performing Country in Asia Despite
Slip by One Notch in Global Gender Gap Ranking". Accessed from: https://pcw.gov.ph/philippines-
still-best-performing-country-in-asia-despite-slip-by-one-notch-in-global-gender-gap ranking/
4 Australian Aid. (2019). "Eliminating Discriminatory Workplace Practices". Investing in Women.
Accessed from: https://investinginwomen.asla/wp-content7upioads/2019/06/eiimlnating-
discrlminatory-workplace-practices-fact-sheet.pdf
5 Rosario, Ben. (21 March 2021). "Muslims Still Face Discrimination, Human Rights Violations -
Sangcopan". Manila Bulletin. Accessed from: https://mb.com.ph/2021/03/21/musiims-still-face-
dlscrimination-human-rlghts-violations-sangcopan/
6 Esmaquel II, Paterno. (25 November 2020). "Filipino Muslims Slam Cagayan Governor Over Anti-
Muslim Remarks". Rappler.com. Accessed from: https://www.rappler.com/nation/filipino-muslims-
sIam-cagayan-governor-anti-musIim-remarks-november-25-2020/
sex, gender, sexual orientation, sex characteristics, gender identity, gender
expression, marital or relationship status, disability, HIV status, profession or
occupation, health status or medical history, language, physical features, and other
status. Commission of any of the listed discriminatory acts has a corresponding
penalty.

For easier redress of grievances, existing women and children's desks in all
police stations shall now accept and act on complaints of discrimination under this
Bill. The Commission on Human Rights is likewise empowered to investigate, motu
proprio or on complaint by any person, any act or omission in violation of the law,
and may issue appropriate legal, preventive, and provisional remedies, among
others.

Above all, the Bill establishes the duty of every institution, whether public or
private, to end discrimination and ensure equal opportunity for all, including the
development of appropriate plans of action to address discrimination and the
creation of diversity and Inclusion programs and trainings. This Bill provides a clear
message to the government body as well as to the citizens that the fight against
discrimination is a shared cause, and one that would need a whole of nation
approach in order to achieve results.

In view of the foregoing, immediate approval of this bill Is hereby earnestly

sought.

GRACE POE,
 NINETEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session ) of tl)f &:,rrrtni2>

SENATE
’22 JUL-7 P2 37
s. No. 108

RKCEIVto BY.
Introduced by Senator Grace Poe

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, INDIGENOUS,
RACIAL OR ETHNIC ORIGIN, RELIGIOUS BELIEF OR ACTIVITY, POLITICAL
INCLINATION OR CONVICTION, SOCIAL CLASS, SEX, GENDER, SEXUAL
ORIENTATION, SEX CHARACTERISTICS, GENDER IDENTITY, GENDER
EXPRESSION, MARITAL OR RELATIONSHIP STATUS, DISABILITY, HIV
STATUS, PROFESSION OR OCCUPATION, HEALTH STATUS OR MEDICAL
HISTORY, LANGUAGE, PHYSICAL FEATURES, AND OTHER STATUS, AND
PROVIDING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled.

1 Section 1. Short Title. - This Act shall be known as the "Comprehensive Anti-
2 Discrimination Act."
3 Sec. 2. Declaration of Policy. - It is the policy of the State to work actively for
4 the elimination of all forms of discrimination that offend the equal protection clause
5 of the Bill of Rights and the State obligations under human rights instruments
6 acceded to by the Republic of the Philippines, particularly those discriminatory
7 practices based on age, indigenous, racial, or ethnic origin, religious belief or
8 activity, political inclination or conviction, social class, sex, gender, sexual
9 orientation, sex characteristics, gender identity, gender expression, marital or
10 relationship status, disability, HIV status, profession or occupation, health status or
11 medical history, language, physical features, or other status.
12 Towards this end, the State shall exert efforts to address all forms of
13 discrimination and violence and to promote human dignity as enshrined in the United
14 Nations Universal Declaration on Human Rights, the Convention on the Elimination
15 of All Forms of Discrimination Against Women, particularly on Non-discrimination
16 based on sexual orientation and gender identity. Convention on the Rights of the
 1 Child, International Covenant on Civil and Political Rights, International Covenant on
2 Economic, Social and Cultural Rights, International Convention on the Elimination of
3 All Forms of Racial Discrimination, Convention on the Rights of Persons with
4 Disabilities, International Convention on the Protection of All Migrant Workers and
5 Members of Their Families, and the relevant General Comments or
6 Recommendations by the concerned United Nations Treaty-Bodies, and all other
7 relevant and universally accepted human rights instruments and other international
8 conventions to which the Philippines is a signatory of. As such, discriminatory
9 practices as defined herein shall be prescribed and penalized.
10 Sec. 3. Definition of Terms. - For the purposes of this Act, the following shall
11 be defined as follows:
12 a. Disabiiity- refers to (1) a physical or mental impairment that substantially
13 limits one or more psychological, physiological, or anatomical function of
14 an individual or activities of that individual; (2) a record of such
15 impairment; (3) or being regarded as having such an impairment;
16 b. Discrimination - constitutes any distinction, exclusion, restriction or
17 preference or other differential treatment that is directly or indirectly
18 based on the protected attributes, such as age, indigenous, racial, or
19 ethnic origin, religious belief or activity, political inclination or conviction,
20 social class, sex, gender, sexual orientation, gender identity, gender
21 expression, sex characteristics, marital or relationship status, disability,
22 HIV status, profession or occupation, health status or medical history,
23 language, physical features, or other status, which has the purpose or
24 effect of nullifying or Impairing the recognition, employment or exercise,
25 on an equal footing, of the political, civil, economic, social, and cultural
26 rights. Discrimination also includes incitement to discriminate and
27 harassment.
28 i. Direct Discrimination occurs where a person is treated less
29 favorably than another person in the same or comparable
30 circumstances on the ground of their protected attribute, i.e. age.
31 Indigenous, racial, or ethnic origin, religious belief or activity,
32 political inclination or conviction, social class, sex, gender, sexual
 1 orientation, fender identity, gender expression, sex characteristics,
2 marital or relationship status, disability, HIV status, profession or
3 occupation, health status or medical history, language, physical
4 features, and other status. Direct discrimination also Includes
5 detrimental acts or omissions on the basis of prohibited grounds
6 when there is no comparable similar situation,
7 ii. Indirect Discrimination occurs where a neutral policy, condition,
8 practice, or requirement, which appears neutral on Its face, is
9 imposed which has the effect of disadvantaging a person with a
10 particular protected attribute and which Is not reasonable in the
11 circumstances. Indirect discrimination may not be unlawful if a
12 respondent can show that there is an objective justification for it.
13 This involves demonstrating a proportionate means of achieving a
14 legitimate aim.
15 c. Education and Training - refers to all types and levels of education,
16 training, and other avenues for learning, and includes access thereto, the
17 standard and quality thereof, and the conditions under which the same Is
18 given;
19 d. Ethnic Origin - includes race, national origin, and ethno-linguistic origin;
20 e. Empioyment- refers to all terms, conditions, and privileges relating to
21 work in public and private Institutions, including recruitment policies,
22 application, procedures, training, incentives, compensation, determination
23 of benefits or allowances, promotion, advancement opportunities, transfer,
24 and dismissal. This definition shall apply all employees regardless of their
25 status of empioyment. In legitimate contracting arrangements, the
26 contractor/subcontractor shall be deemed the employer of the contractual
27 employee. For purposes of this Act, the terms of employment and
28 occupation shall include access to vocational training, access to
29 employment and to particular occupations, and terms and conditions of
30 employment;
 1 f. Gender- refers to a social construct used to categorize a person as man,
2 woman, or other identity which is usually based on one's sex assigned at
3 birth;
4 g. Gender Expression - refers to the way a person communicates gender
5 identity to others through behavior, clothing, hairstyles, communication or
6 speech pattern, or body characteristics;
7 h. Gender Identity- refers to a person's innermost concept of self as man,
8 woman, or another non-binary identity, which may or may not correspond
9 with the sex assigned at birth;
10 i. HIV Status - refers to the presence or absence of the human
11 immunodeficiency virus (HIV) in the body of an individual;
12 j. Indigenous Cuiturai Communities/Indigenous Peopies (ICCs/IPs) - shall,
13 as provided under Section 3(h), Chapter II or Republic Act No. 8371 or
14 "The Indigenous Peoples' Rights Act of 1997" (IPRA), refer to a group of
15 people or homogenous societies identified by self-ascription and ascription
16 by others, who have continuously lived as an organized community on
17 communally bounded and defined territory, and who have, under claims of
18 ownership since time immemorial, occupied, possessed, and utilized such
19 territories, sharing common bonds of language, customs, traditions, and
20 other distinctive cultural traits, or who have, through resistance to
21 political, social, and cultural Inroads of colonization, non-indigenous
22 religions and cultures, became historically differentiated from the majority
23 of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as
24 indigenous on account of their descent from the populations which
25 inhabited the country, at the time of conquest or colonization, or at the
26 time of inroads of non-indigenous religions and cultures, or the
27 establishment of present state boundaries, who retain some or all of their
28 own social, economic, cultural, and political institutions, but who may have
29 been displaced from their traditional domains, or who may have resettled
30 outside their ancestral domains;
31 k. Bangsamoro Peopie - are those who, at the advent of the Spanish
32 colonization, were considered natives or original inhabitants of Mindanao
 1 and the Sulu archipelago and Its adjacent lands, whether of mixed or full
2 blood, shall have the right to identify themselves, their spouses and
3 descendants, as Bangsamoro;
4 l. Linguistic Discrimination - refers to the unfair treatment of an individual
5 based solely on the use of language. This use of language may Include the
6 individual's native language or other characteristics of the person's
7 speech, such as an accent, the size of vocabulary (whether the person
8 uses complex and varied words), and syntax;
9 m. Marginaiization - refers to a condition where a whole category of people is
10 excluded from useful and meaningful participation in political, economic,
11 social, and cultural life;
12 n. Musiims - refer to those who are followers of Islamic faith, whether from
13 birth or by conversion;
14 0. Maritai or Reiationship Status - refers to the personal status of each
15 Individual in relation to the marriage laws or customs of the country;
16 p. Occupation - refers to a line of work, job, or profession;
17 q. Persons with Disabiiities - include those who have long-term physical,
18 mental, intellectual, or sensory Impairments which in interaction with
19 various barriers may hinder their full and effective participation in society
20 on an equal basis with others;
21 r. Physicai Features - refer to a person's height, size, weight or other bodily
22 characteristics. It shall also include features that a person chooses to
23 acquire, such as tattoos and piercings;
24 s. Poiiticai Inciination - refers to a person's preference as regards
25 membership or belief in a particular political party, organization, or
26 ideology. It covers both the holding and not-holding of opinions, as well as
27 expression of views or membership within opinion-based associations,
28 trade unions, or political parties;
29 t. Profession - refers to a lawful occupation which requires specialized
30 knowledge and often long and intensive academic preparation;
31 u. Profiiing - means relying on the prohibited grounds of discrimination in
32 subjecting a person, natural or juridical, or group of persons. Including any
 1 type of societal relations, to investigatory activities, which include but Is
2 not limited to the following: (1) unnecessary, unjustified, illegal and
3 degrading searches, questioning or other investigatory activities, in
4 determining whether an individual is engaged in an activity presumed to
5 be unlawful, immoral, or socially unacceptable; or (2) recording and
6 analyzing a person's psychological and behavioral characteristics to make
7 generalizations about a person's protected attributes or to assist in
8 identifying a particular subgroup of people's protected attributes;
9 V. Reasonable Accommodation - means necessary and appropriate
10 modification and adjustments not imposing a disproportionate or undue
11 burden, where needed in a particular case, to ensure to persons with
12 disabHities the enjoyment or exercise on an equal basis with others of all
13 human rights and fundamental freedoms;
14 w. Religious Belief - covers the profession or non-profession of religion or
15 belief of one's choice that may be publicly or privately manifested in
16 worship, observance, practice, and teaching;
17 X. Sex - refers to the civil status of a person acquired by birth, having a
18 system of reproduction corresponding to that belonging to male, female,
19 or intersex;
20 y. Sex Characteristics - refers to a person's physical traits that indicate their
21 biological sex, such as chromosomes, external genitalia, gonads,
22 hormones, and internal reproductive organs. Traits present at birth are
23 called primary sex characteristics, whereas those that develop during
24 puberty are called secondary sex characteristics;
25 z. Sexual Orientation - refers to a person's physical, romantic, and/or
26 emotional attachment to other people. It refers to the direction of
27 emotional, sexual attraction, or conduct towards people of the same
28 gender (homosexual orientation), or towards people of more than one
29 gender (bisexual orientation), or towards people of different gender
30 (heterosexual orientation), or to the absence of sexual orientation
31 (asexual attraction), among others;
 1 aa. Social Class - refers to groupings of individuals usually based on wealth,
2 educational attainment, occupation, income, and membership In a
3 subculture or social network;
4 bb. Stigma - refers to the dynamic devaluation and dehumanization of an
5 individual In the eyes of others which may be based on attributes that are
6 arbitrarily defined by others as discreditable or unworthy, and which result
7 in discrimination when acted upon;
8 cc. Vulnerable communities- refers to communities or sectors that encounter
9 stigma and discrimination based on the grounds enumerated in Section 4;
10 and
11 dd. Other Status- refers to other forms of differential treatment or grounds of
12 discrimination which either undermines human dignity, causes or
13 perpetuates systematic disadvantage, or adversely affects the equal
14 enjoyment of a person's rights and freedoms in a serious manner that is
15 comparable to the protected attributes enumerated in Section 4 of this
16 Act. These grounds include, but are not limited to the following:
17 association and relation with persons with protected attributes, pregnancy
18 or maternity/paternity status, family responsibilities, health status or
19 medical condition, or criminal record.
20 Sec. 4. Prohibited Grounds for Discrimination/ Protected Attributes. -
21 Discrimination that is directly or indirectly based on the actual or perceived
22 characteristics, which Include age. Indigenous, racial or ethnic origin, religious belief
23 or activity, political inclination or conviction, social class, sex, gender, sexual
24 orientation, sex characteristics, gender identity, gender expression, marital or
25 relationship status, disability, HIV status, lawful profession or occupation, health
26 status or medical history, language, physical features, or other status is prohibited.
27 For purposes of this Act, these personal characteristics shall be collectively termed
28 as "protected attributes".
29 The protected attributes that may be subjected to differentiation or any form
30 of discrimination shall be interpreted in their most common or universal definitions
31 and with due regard to the promotion of meaningful implementation of non-
32 discrimination policy.
 1 In determining whether a person is distinguished by one or more of the
2 protected attributes, identification, shall, if no justification exists to the contrary, be
3 based upon self-identification by the individual concerned. Membership also includes
4 association with a group characterized by one of the prohibited grounds or
5 perception by others that an individual is part of such a group.
6 Sec. 5. Acts of Discrimination, UniawfuL - Subject to Section 7 of this Act, the
7 acts of discrimination include, but are not limited to, the following:
8 a. Inflicting stigma - it shall be unlawful for any person to commit any acts that
9 promote, encourage, inflict, and perpetuate stigma based on the grounds
10 referred to in Section 4. Content in the media, including social media. In
11 educational textbooks, or in other medium that aims to promote, encourage,
12 inflict, and perpetuate stigma is likewise prohibited;
13 b. Inciting violence or sexual abuse - it shall be unlawful to incite violence or
14 sexual abuse against any person or group on the basis of the grounds
15 referred to in Section 4;
16 c. Denial of political, civil, and cultural rights - it shall be unlawful to deny a
17 person enjoyment of political, civil and cultural rights based on the grounds
18 referred to Section 4;
19 d. Denial of right to education - it shall be unlawful for any person to:
20 1. Refuse admission or expel a person from any educational or training
21 institution on the basis of the grounds defined in Section 4, without
22 prejudice to the right of educational or training institutions to
23 determine the academic qualifications of their students or trainees;
24 ■ 2. Grant or refuse to grant honors, scholarship/s, or other forms of
25 assistance on the basis of the grounds defined in Section 4;
26 3. Impose disciplinary sanctions, penalties harsher than customary, or
27 similar punishments, requirements, restrictions, or prohibitions that
28 infringe on the rights of the students on the basis of the grounds
29 identified in Section 4;
30 4. Fail to make reasonable efforts to make facilities accessible to persons
31 with disabilities; or
 1 5. Subject a person to any act of discrimination and intolerance related to
2 education and training.
3 This prohibition to deny the right to education on the basis of the grounds in
4 Section 4 extends to acts committed against a student or trainee to discriminate
5 against his or her parents or legal guardians,
6 e. Denial of right to work -
7 1. It shall be unlawful for any employer or head of a firm, company, or
8 organization to:
9 i. Refuse or fail to employ a person for work of any type or kind
10 which is available and for which the person is qualified, or
11 impose on the person onerous terms and conditions, on the
12 basis of the protected attributes under Section 4 of this Act;
13 II. Fail to take reasonable efforts to make facilities accessible to
14 persons with disabilities;
15 III. Deny or limit access of an employee to the same terms and
16 conditions of work, opportunities for training, transfer or
17 promotion, or to other benefits connected with employment, as
18 are made available for other employees having the same
19 qualifications and employed in the same circumstances or work
20 of the same kind or type, or impose on the person onerous
21 terms and conditions, on the basis of the protected attributes
22 under Section 4 of this Act; or
23 IV. dismiss, demote, reassign, or transfer an employee on the basis
24 of the protected attributes under Section 4 of this Act, or
25 subject an applicant for employment or an employee to any act
26 of discrimination on account of his hiring or employment;
27 2. It shall be unlawful for any person acting as job contractor or
28 recruitment or placement agency, or agent in procuring workers for a
29 principal or an employer to treat an applicant seeking employment less
30 favorably than another person in the same circumstances who is
31 likewise seeking employment on the basis of the protected attributes
32 under Section 4 of this Act.
 1 3. It shall likewise be unlawful for any person to:
2 i. Deny employment in government institutions, including police
3 and military service, based directly or indirectly on the grounds
4 referred to in Section 4;
5 ii. Refuse to enter into contract or agreement with persons or
6 group of persons based solely or partly on the grounds provided
7 in Section 4; or
8 iii. Deny an application for or revoke a professional license issued
9 by the government directly or indirectly due to the grounds
10 included in Section 4.
11 f. penial of access to goods and services - it shall be unlawful for any person
12 to:
13 1. Deny a person, solely on the basis of the grounds in Section 4, of
14 goods and services available to the general public, such as but not
15 limited to, private and public insurance, housing and other forms of
16 accommodation, and medical and clinical services; Provided, That to
17 impose onerous or less favorable terms and conditions not otherwise
18 offered to others in the same circumstances for the access of such
19 goods is considered tantamount to discrimination;
20 2. Refuse entry to or evict a person from any establishment, facility or
21 utility that is open to the general public, such as but not limited to,
22 i restaurants, bars, hotels, shopping malls, solely or partly on the basis
23 of the grounds listed in Section 4: Provided, That to impose onerous or
24 less favorable terms and conditions not otherwise offered to others in
25 the same circumstances for the access of such public services is
26 tantamount to discrimination; or
27 3. Cause undue and unjust deferral of services or provision of inferior
28 services to persons due to the grounds in Section 4; and
29 4. There is discrimination if the acts above are committed against
30 organizations or groups of persons based on the grounds identified in
31 Section 4.

10
 1 g. Denial of right to organize - it shall be unlawful to prohibit, prevent, or revoke
2 the accreditation, formal recognition, and/or registration of any organization,
3 group, political party, institution or establishment. In educational institutions,
4 workplaces, communities, and other settings, based partly or solely on the
5 grounds provided for In Section 4. Discrimination is also committed when
6 additional requirements beyond the customary are imposed directly or
7 indirectly due to the grounds stipulated in Section 4;
8 h. Inflicting harm on health and well-being - it shall be unlawful to subject any
9 person, without full, free, informed, and prior consent, to any unnecessary
10 medical or physical examination, psychological treatment, faith based
11 practices, and other similar procedures based solely or partly on any of the
12 grounds referred to in Section 4 that aim to change identity or physical
13 attributes or impose behavior or expressions;
14 i. Engaging in profiling- it shall be illegal for any person, including members of
15 the military and law enforcement agencies, to engage in profiling based solely
16 or partly on the grounds included in Section 4. For the purposes of
17 investigation, application for or access to public or private medical and other
18 health services, including private and public health insurance and HMO-
19 provided medical plans, and other acts which have the intention or effect of
20 nullifying or impairing the recognition, enjoyment, or exercise, on an equal
21 footing, of political, civil, economic, social, or cultural rights;
22 j. Abuses by State and Non-State actors - it shall be unlawful for any
23 government agency, including local government units, police, military, and
24 immigration agencies, to harass verbally or physically, to curtail freedom of
25 movement, or to extort from a person or a group of persons on the basis of
26 the grounds stipulated in section 4. This prohibition applies to similar abuses
27 committed by private actors;
28 k. Detention and confinement - It shall be unlawful to detain and confine a
29 person or group of persons based directly or indirectly on the grounds under
30 Section 4;
31 I. Inciting hatred or violence - It shall be unlawful to incite hatred or violence
32 based on any of the grounds Included in Section 4, by use of words or

11
 1 behavior, such as but not limited to delivering speeches or making utterances,
2 doing acts of hatred or violence against another person, or mocking or
3 ridiculing another, or display of written material, publishing or distributing
4 written material; the public performance of a play; distributing, showing or
5 playing a recording; broadcasting or including a program in a program
6 service, and possession of inflammatory material: Provided, That the test to
7 determine incitement to hatred or violence should be whether the speech or
8 work, taken as a whole, lacks serious literary, artistic, political, or scientific
9 value;
10 m. Denial of right to expression - It shall be unlawful to deny a person of his
11 freedom of opinion and expression based on the grounds included in Section
12 4. This Includes the expression of identity or personhood through speech,
13 deportment, dress, bodily characteristics, choice of name, or other means, as
14 well as the freedom to seek, receive, and impart information and ideas of all
15 kinds through any medium;
16 n. Retaliation and coercion - No person, whether natural or juridical, shall
17 discriminate against an individual who made a charge, assisted, testified,
18 and/or participated in in any means regarding an investigation, proceeding,
19 and/or hearing under this Act. No person, whether natural or juridical, shall
20 coerce, intimidate, threaten, and/or harass any individual regarding the
21 latter's exercise or enjoyment of any right granted and/or protected under
22 this Act;
23 0. Denial of right against wrongful portrayal - It shall be unlawful for any person
24 to portray. Intimate, depict, or describe in learning institutions, instructional
25 materials, teaching devices, books, and reference materials, especially in
26 civics and history, and in mass media, including social media, certain
27 individuals and/or group/s as Inferior, or encouraging the commission of any
28 of the acts of discrimination against any person and/or group as provided in
29 this Act: Provided, That the test to determine wrongful portrayal should be
30 whether the work, taken as a whole, lacks serious literary, artistic, political, or
31 scientific value. Information regarding the dignity and diversity of the
32 cultures, traditions, histories, and aspirations of the ICCs/IPs should be

12
 1 appropriately reflected in all forms of education, public information, cultural-
2 educational exchange, and information education campaigns including the use
3 of social media platforms; and
4 р. Other analogous circumstances - Any analogous act, which has the effect or
5 purpose of impairing or nullifying the recognition, enjoyment, or exercise of
6 the person's human rights and fundamental freedoms, are also prohibited.
7 Sec. 6. Persons Liable. - Any person, natural or juridical, or their
8 representatives, including government instrumentalities and agencies, or
9 government-owned-and-controlled corporations, or any private corporation,
10 institution or company, who commit discrimination through any of the acts described
11 in Section 5, shall be liable under this Act.
12 Any person, natural or juridical, or their representatives, who requests,
13 instructs, induces, encourages, authorizes or assists another to commit acts of
14 discrimination under Section 5 shall also be liable under this Act.
15 The failure or refusal to act of a head or agency or government official or
16 employee, or any person whose duty is to prosecute or otherwise act on a complaint
17 for violation of this Act shall be deemed prima facie as sanctioning the discriminatory
18 act on the part of said head of agency, official, or employee, and the latter shall
19 consequently be held equally liable for discrimination under this Act.
20 All government officers and workers are obliged to promote non­
21 discrimination in the discharge of their duties and responsibilities.
22 Sec. 7. Exceptions. - Any action or conduct, otherwise prohibited under
23 Sections 4 and 5 of this Act, shall not be unlawful and shall not be considered as
24 discrimination:
25 a. Where any of the protected attributes is a bona fide occupational qualification
26 (BFOQ) reasonably necessary to the normal operation of the particular
27 business or where the differentiation is based on reasonable factors;
28 b. Where distinction, exclusion, or preference in respect of a particular job is
29 based on inherent requirement, which is a proportionate means of achieving a
30 legitimate aim;
31 с. Deeply held fundamental religious doctrines, dogma, or beliefs of a person or
32 of a Body established exclusively for religious purposes require or compel

13
 1 such person or Body to perform acts or practice necessary to avoid injury to
2 the religious sensitivities of adherents of that religion: Provided, That such
3 acts or practices should be In accordance with law, public order, or public
4 policy;
5 d. Where the act or omission is done in good faith for the purpose of assisting or
6 advancing a person or group of persons who need or may reasonably be
7 supposed to need assistance or advancement in order to achieve an equal
8 place in society with other members of the community (Measures of Equality
9 or Affirmative Action Program); or
10 e. Where a difference in treatment based on a protected attribute is reasonable
11 and objective and if the aim is to achieve a legitimate purpose.
12 The exceptions shall be without prejudice to the existing laws prohibiting
13 discrimination on account of the protected attributes such as State principles and
14 mandates underscored in R.A. No. 7277, as amended, entitled, "Magna Carta for
15 Disabled Persons", R.A. No. 8371 entitled, "The Indigenous Peoples' Rights Act of
16 1997", R.A. No. 9710 entitled, "The Magna Carta of Women", R.A. No. 10911
17 entitled, the "Anti-Age Discrimination in Employment Act", and P.D. No. 442, as
18 amended, entitled "Labor Code of the Philippines".
19 Sec. 8. Penalties. - The penalty of not less than nine (9) months but not more
20 than twelve (12) years imprisonment or a fine of not less than One Hundred
21 Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand Pesos
22 (P500,000.00), or both, upon the discretion of the Court.
23 The penalty provided under this Section shall be imposed in its maximum
24 period:
25 a. If the offender has been previously convicted under this Act;
26 b. If the offender is a direct ascendant or descendant, a relative within the
27 fourth degree of consanguinity or affinity, a step-parent or a step-child, or a
28 guardian or a ward of the victim;
29 c. If the offender is the manager or owner of an establishment which has no
30 license to operate or whenever such license has expired or has been
31 previously revoked;

14
 1 d. If the offender is a public official, officer, or employee: Provided, That the
2 penalty of suspension shall be Imposed: Provided, further, That the public
3 official, officer, or employee may be asked to undergo gender and
4 development training and community service during the duration of
5 suspension. An accessory penalty of perpetual disqualification to hold public
6 office is likewise imposed on the public official, officer, or employee.
7 If the person liable for the discriminatory act is a juridical person, an
8 accessory penalty of cancellation of certificate of registration and/or license shall be
9 imposed.
10 An offender who Is a foreigner shall be deported immediately after service of
11 sentence and shall be barred entry into the country.
12 Whenever the courts determine that a fine shall be imposed pursuant to the
13 criminal case filed under this Act, the fine thus collected shall be remitted by the
14 court to the Commission on Human Rights which shall administer the fund for the
15 assistance of victims of discrimination.
16 In addition, the court may require the offender to render community service,
17 which shall include attending seminars that advocate anti-discrimination agenda,
18 such as gender and culture sensitivity training, human rights education,
19 familiarization with and exposure to the plight of the victims, or any of the
20 circumstances enumerated under this act.
21 Nothing In this Act shall preclude the victim from instituting a separate and
22 independent action for damages and other affirmative reliefs.
23 The Administrative remedies provided under this Act do not bar prosecution
24 of civil claims in proper courts for an act of discrimination committed under this Act.
25 If any crime penalized under the Revised Penal Code is committed in pursuit
26 of discrimination, the penalty provided under the Revised Penal Code shall be
27 applied and the discrimination committed shall be considered as an aggravating
28 circumstance.
29 Sec. 9. Redress Mechanisms for Discrimination Cases. -
30 a. Inclusion of Discrimination Concerns in Ail Police Stations. - The Women and
31 Children's Desks now existing in all police stations shall also act on and attend
32 to complaints/cases covered by this Act. In this regard, the police officers

15
 1 handling said desks shall undergo trainings on human rights and sensitization
2 on the Issues of violence and abuse on the basis of the grounds referred to in
3 this Act. Complainant-minors can be represented by parents, guardians, social
4 workers, or a non-government organization of good standing and reputation.
5 b. Inter-agency Technical Committee. - An Inter-agency Technical Committee
6 composed of the Commission on Human Rights (CHR) as the lead agency,
7 and representatives from the Department of Justice (DOJ), National
8 Commission on Indigenous Peoples (NCIP), National Commission on Disability
9 Affairs (NCDA), National Commission on Muslim Filipinos (NCMF), Philippine
10 Commission on Women (PCW), National Youth Commission (NYC), Civil
11 Service Commission (CSC), Department of Labor and Employment (DOLE),
12 Department of the Interior and Local Government (DILG), Department of
13 Education (DepEd), Commission on Higher Education (CHED), Technical
14 Education and Skills Development Authority (TESDA), Department of Health
15 (DOH), Armed Forces of the Philippines (AFP), and the Philippine National
16 Police (PNP), shall be constituted and shall act as an advisory and
17 recommendatory body on establishing developmental programs that will
18 promote non-discrimination and management of diversity, in consultation with
19 civil society organizations with proven expertise and track record on concerns
20 regarding the protected attributes under Section 4, and other stakeholders.
21 c. Role of the Civil Service Commission (CSC). - The CSC, in consultation with
22 the Inter-agency Technical Committee, shall modify the existing rules on
23 grievance machinery to address discriminatory practices committed in, and by
24 officers or employees of, government agencies, instrumentalities, and in
25 government-owned-and-controlled corporations (GOCCs) and other offices
26 under Its jurisdiction.
27 d. Role of the Department of Labor and Employment (DOLE). - The DOLE, in
28 consultation with the Inter-Agency Technical Committee, shall promulgate the
29 rules and regulations necessary to enhance anti-discrimination protection in
30 workplaces, including the establishment of a grievance mechanism to address
31 discriminatory practices committed in the workplace.

16
 1 Sec. 10. Programs to Promote Non-Discrimination and Diversity. - It shall be
2 the duty of every person, natural or juridical, public or private, to ensure non-
3 discrimination and equal opportunity for all persons in relating to actual or
4 prospective employees, students, tenants, customers or clients, and that no
5 discriminatory acts, as defined herein, is committed by them or their agents in the
6 areas defined under Section 5 of this Act.
7 The State shall endeavor to eliminate all forms of discrimination and shall
8 therefore pursue initiatives and programs that seek to enable an environment free of
9 stigma and discrimination, including ensuring reasonable accommodation is provided
10 for disadvantaged and marginalized sectors. It shall direct the machinery and
11 resources of the State to ensure non-discrimination and promote equality and shall
12 encourage other sectors of the society to engage and participate in these efforts.
13 The Inter-Agency Technical Committee shall, by rules and regulations and in
14 consultation with the Bureau of Internal Revenue (BIR), develop, prescribe and
15 administer incentive and award schemes to encourage public and private
16 establishments to provide programs that promote non-discrimination and contribute
17 to the empowerment of vulnerable and marginalized groups. It shall ensure the
18 establishment of the following programs:
19 a. Sociai Protection Program - The national government shall ensure the
20 integration of the communities affected by or vulnerable to stigma and
21 discrimination into government-run social programs.
22 b. Diversity and Inciusion Programs and Trainings - All government agencies,
23 including government-owned-and-controlled corporations, local government
24 units (LGUs), and private establishments and entities shall develop plans of
25 action to address discrimination and establish diversity and sensitivity
26 programs to ensure that discrimination and abuse are prevented and
27 addressed. They shall:
28 1. Create an internal redress mechanism to address cases of
29 discrimination and grant administrative remedies or sanctions for such
30 cases;
31 2. Conduct human rights education and training programs for public
32 officials, including judges and candidates for judicial appointments, In

17
 1 coordination with the CHR. DepEd and CHED, in particuiar, shali
2 integrate teaching on the principles of equality and non-discrimination
3 in formal and non-formal inclusive and multicultural education, with a
4 view of dismantling notions of superiority or inferiority based on
5 protected attributes and to promote dialogue and tolerance between
6 different groups in society; and
7 3. Endeavor to provide or conduct human rights education, gender
8 sensitivity, and culture sensitivity training programs for their staff,
9 employees, students and trainees, and constituents to ensure that
10 discrimination and abuse are prevented in their institutions.
11 c. Monitoring and evaluation. - All government agencies and instrumentalities
12 shall monitor the implementation of measures to promote non-discrimination
13 and equality. Monitoring shall assess both the steps taken and the results
14 achieved in the elimination of discrimination. Annual reports in this regard
15 shall be submitted to Congress and the CHR.
16 d. Disaggregation of data. - All government agencies and instrumentalities shali
17 ensure that all national strategies, policies, and plans shall use appropriate
18 indicators and benchmarks, disaggregated on the basis of the prohibited
19 grounds of discrimination. The rights of Individuals or groups of individuals,
20 who may be distinguished by one or more of the prohibited grounds, to
21 participate in the decision-making processes over the selection of measures to
22 promote non-discrimination and diversity shall always be upheld by the
23 government In the implementation of the programs enumerated above.
24 e. Information and Education Campaign. - All government agencies and
25 instrumentalities are mandated to develop and Implement information
26 dissemination on any of the prohibited forms of discrimination. They shall
27 endeavor to produce and publish information campaign materials on
28 discrimination.
29 f. Affirmative Action. - The State shall develop a system of affirmative actions
30 towards protecting the rights of IPs, other cultural minority groups, and other
31 vulnerable groups. Support and protection for research and development and
32 learning materials on cultural heritage preservation and sensitivity for other

18
 1 vulnerable groups shall be provided to all State Universities and Colleges. All
2 entities, agencies, corporations, companies, organizations, and
3 educational/training institutions, whether private or public, shall ensure the
4 implementation of this section.
5 Sec. 11. Enforcement - Criminal complaints brought under this Act shall be
6 filed with the proper court. In addition to the criminal complaint, a person who has
7 been subjected to any acts of discrimination as defined in this Act may file a
8 complaint with the CHR. For this purpose, the CHR may investigate, motu proprio or
9 on complaint by any person, acts or omissions in violation of this Act.
10 In all cases under investigation, the Commission may issue legal and
11 preventive measures, as well as provisional remedies. These measures or remedies
12 shall include, but not limited to, general writs of injunction, restraining orders, status
13 quo ante orders, cease and desist orders, protection orders, or such other orders to
14 protect the life and security of persons, preserve evidence, protect properties, and
15 other considerations to ensure the efficient investigation of the alleged violation of
16 this Act.
17 The Commission shall also direct the officer concerned to take appropriate
18 action against a public officer or employee at fault or who neglected to perform an
19 act or discharge a duty required under this Act, and other revocation of license,
20 removal from office or employment, suspension, demotion, fine, censure, or
21 prosecution, and ensure compliance therewith. Refusal by any officer without just
22 cause to comply with an order of the Commission to revoke the license, remove,
23 suspend, demote, fine, censure, or prosecute an officer or employee who is at fault,
24 or who neglects to perform an act or discharge a duty required under this Act, shall
25 be a ground for disciplinary action against said officer.
26 The CHR, consistent with Its mandate under this Act, shall designate a focal
27 commissioner and/or create an Anti-Discrimination Center/Office to be primarily
28 responsible for formulating and implementing programs and activities relating to the
29 right of ail persons against discrimination, including the investigation and handling of
30 complaints of violations of this Act.
31 Notwithstanding the foregoing provisions, NCIP shall have exclusive
32 jurisdiction over the conduct of investigations on the basis of complaints filed by

19
 1 ICCs/IPs against natural or juridical persons believed to have violated ICCs/IPs
2 rights.
3 Sec. 12. Administrative Proceedings and Sanctions Against Public Officials and
4 Employees. - Pursuant to Section 11 of this Act, which makes it a duty of the CHR to
5 investigate alleged cases of discrimination, a finding by the CHR that a department,
6 agency, or instrumentality of the government, a government-owned-and-controiled
7 corporation, or a local government unit has violated any provision of this Act and its
8 implementing rules and regulations, shall carry with it a recommendation to the CSC
9 and/or the DILG for the imposition of sanctions under administrative law, civil
10 service, or other appropriate laws. Such recommendation shall include the names of
11 the person directly responsible for the violation, and a statement that the sanctions
12 be imposed upon the person directly responsible and the head of the agency or local
13 chief executive.
14 Notwithstanding the foregoing provisions, NCIP shall have exclusive
15 jurisdiction over the conduct of investigations on the basis of complaints filed by
16 ICCs/IPs against natural or juridical persons believed to have violated ICCs/IPs
17 rights.
18 Sec. 13. Fines Against Private Persons, Provisional Remedy. - Upon a prima
19 facie finding that any provision of this Act was violated and upon its issuance of a
20 cease and desist order, the CHR may impose a fine of Twenty Thousand Pesos
21 (P20,000.00) for every day that the act of discrimination complained of has not
22 ceased. The fine thus collected shall be for the assistance of victims of
23 discrimination.
24 For purposes of this section and the imposition of the provisional remedy of
25 fine, the CHR may ask the assistance of DTI, CHED, DOLE, DepEd, and TESDA.
26 Notwithstanding the foregoing provisions, NCIP shall have exclusive
27 jurisdiction over the conduct of investigations on the basis of complaints filed by
28 ICCs/IPs against natural or juridical persons believed to have violated ICCs/IPs
29 rights.
30 Sec. 14. Joint Congressional Oversight Committee. - A Joint Congressional
31 Oversight Committee on Anti-Discrimination (JCOC-AD) is hereby created for the

20
 1 purpose of monitoring and evaluating the effective implementation of this Act as well
2 as other Acts that affect the right of persons against discrimination.
3 The JCOC-AD shall be composed of five members each from the Senate and
4 the House of Representatives.
5 The Senate Panel shall be composed of the Chairperson of the Committee on
6 Social Justice, Welfare and Rural Development as Chairperson of the Senate Panel,
7 the Chairperson of the Committee on Women, Children, Family Relations and Gender
8 Equality, the Chairperson of the Committee on Cultural Communities, and the
9 remaining seats to other members of the Senate regardless of the Committee with
10 at least one member from the minority.
11 The House of Representatives Panel shall be composed of the Chairperson of
12 the Committee on Human Rights as Chairperson of the House of Representatives
13 Panel, the Chairperson of the Committee on Women and Gender Equality, the
14 Chairperson of the Indigenous Cultural Communities and Indigenous Peoples, and
15 the remaining seats to other members of the House of Representatives with at least
16 one member from the minority.
17 All government agencies shall submit to the JCOC-AD annual reports on the
18 monitoring and evaluation of measures to promote non-discrimination and equality
19 which shall include recommendations for Congress.
20 The JCOC-AD shall convene regularly, at least once a year, to review the
21 annual reports from government agencies and to evaluate the effectivity and
22 effective implementation of this Act and other relevant Acts. It shall invite the Inter­
23 agency Technical Committee in ail its meetings.
24 The JCOC-AD shall submit a report to Congress on its review and evaluation
25 of relevant Acts and its recommendations.
26 Sec. 15. Implementing Rules and Regulations. - The Inter-Agency Technical
27 Committee, in consultation with appropriate civil society organizations and other
28 stakeholders, shall promulgate the necessary implementing rules and regulations
29 within ninety (90) days from the effectivity of this Act.
30 Sec. 16. Separability Clause. - Should any provision of this Act or part hereof
31 be declared unconstitutional, the other provisions or parts not affected thereby shall
32 remain valid and effective.

21
 1 Sec. 17. Repealing Clause. - This Act shall be without prejudice to the
2 existing special laws prohibiting discrimination on account of the protected attributes
3 such as State principles and mandates underscored in R.A. No. 7277, as amended,
4 entitled, "The Magna Carta for Disabled Persons", R.A. No. 8371 entitled, "The
5 Indigenous Peoples' Rights Act of 1997", R.A. No. 9710 entitled, "The Magna Carta
6 of Women", R.A. No. 10911 entitled the "Anti-Age Discrimination in Employment
7 Act", and P.D. No. 442, as amended, entitled "Labor Code of the Philippines".
8 All other laws, decrees, orders, and issuances, or portions thereof, which are
9 inconsistent with the provisions of this Act, are hereby repealed, amended, or
10 modified accordingly.
11 Sec. 18. Effectivity. - This Act shall take effect fifteen (15) days after its
12 publication in the Official gazette or In at least two (2) newspaper of general
13 circulation.
Approved,

22