Republic of the Philippines	
  
HOUSE OF REPRESENTATIVES	
  
Quezon City, Metro Manila 
NINETEENTH CONGRESS	
  
First Regular Session	
  
HOUSE BILL NO. _______ 
Introduced by REP. JOSE FRANCISCO “KIKO” B. BENITEZ, Ph.D. 
EXPLANATORY NOTE 
The Philippines is a country of great diversity. With over 109 million population1 spread in 
more than 7,600 islands2 and at least 180 ethnolinguistic groups3, the Philippines is a 
kaleidoscope of colors, cultures, creeds and convictions.  
The framers of the 1987 Constitution recognized this, and promoted unity in diversity in 
forging a national identity.4 Fundamentally, social harmony and cohesion must be grounded 
in the principle of equality – and equality is premised on the recognition of human dignity, the 
intrinsic value of every person. 
Accordingly, Sec. 11, Art. II of the Constitution provides that “The State values the dignity of 
every human person and guarantees full respect for human rights.” Supplementarily, Sec. 1, 
Art. XIII of the Constitution mandates Congress to “give highest priority to the enactment of 
measures to protect and enhance the right of all the people to human dignity.” 
Congress, in passing numerous laws that articulate this view and protect the rights of minority 
and marginalized sectors of Philippine society, has been performing this constitutional duty 
faithfully. 
However, despite the legal guarantees, discrimination and violence against the different 
“Other” remains prevalent. Congress also has yet to pass a comprehensive anti-discrimination 
legislation. As a matter of fact, in 2016, the United Nations Committee on Economic, Social 
and Cultural Rights, in its Concluding Observations on the Philippines’ compliance to the 
International Covenant on Economic, Social and Cultural Rights, laments the delay in adopting 
a comprehensive anti-discrimination law and urges that the Philippines “to expedite the 
adoption of a comprehensive anti-discrimination law prohibiting all direct, indirect and 
multiple forms of discrimination on any grounds and providing for effective remedies for 
victims of discrimination, including within judicial and administrative proceedings.” 
1  2020  Census  of  Population  and  Housing,  Philippine  Statistics  Authority  
2  National  Mapping  and  Resource  Information  Authority  
3  Philippine  Statistics  Authority	
  
4  Sec.  14.,  Art.  XIV  mandates  the  State  to  “foster  the  preservation,  enrichment,  and  dynamic  evolution  
of  a  Filipino  national  culture  based  on  the  principle  of  unity  in  diversity  in  a  climate  of  free  artistic  and  
intellectual  expression.”  [Emphasis  added]    
July 19, 2022
10:10 am
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In our bid to keep our seat at the United Nations Human Rights Council in 2015, we took pride 
in our country’s “influential role in the elaboration of the Universal Declaration of Human 
Rights” and our being a State party to eight core international human rights instruments and 
six optional protocols.5 “The Philippines made a lasting contribution to the drafting of the 
Universal Declaration of Human Rights, particularly on articles on the equal dignity and 
freedom of all human beings and on non-discrimination,”6 our Permanent Mission to the 
United Nations said.  
 
Art. 2 of the Universal Declaration of Human rights holds that “Everyone is entitled to all the 
rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, 
colour, sex, language, religion, political or other opinion, national or social origin, property, 
birth or other status.” 
 
May we be true to our word – fulfill our obligation under the Constitution and our 
commitments to international human rights law, and pass a law that will promote and protect 
the rights of all persons without distinction or discrimination.  
 
In view of the foregoing, the approval of this bill is earnestly sought. 
 
 
 
JOSE FRANCISCO “KIKO” B. BENITEZ, Ph.D. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  
5  Note  verbale  dated  9  October  2015  from  the  Permanent  Mission  of  the  Philippines  to  the  United  
Nations  addressed  to  the  President  of  the  General  Assembly	
  
6  Ibid.  


Republic of the Philippines	
  
HOUSE OF REPRESENTATIVES	
  
Quezon City, Metro Manila 
NINETEENTH CONGRESS	
  
First Regular Session	
  
HOUSE BILL NO. _______ 
Introduced by REP. JOSE FRANCISCO “KIKO” B. BENITEZ, Ph.D. 
AN ACT	
  
PROHIBITING DISCRIMINATION ON THE BASIS OF ETHNICITY, RACE, 
COLOR, SEX, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, GENDER 
EXPRESSION, SEX CHARACTERISTICS, LANGUAGE, RELIGIOUS BELIEF OR 
EXPRESSION, POLITICAL OR OTHER OPINION, NATIONAL OR SOCIAL 
ORIGIN, PROPERTY, BIRTH AND OTHER STATUS, AND OTHER PROTECTED 
ATTRIBUTES, AND PROVIDING PENALTIES THEREFOR 	
  
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. – This Act shall be known as "The Comprehensive Anti- 
Discrimination Act. " 
SEC. 2. Declaration of Policy. – The State recognizes the fundamental right of every 
person, regardless of ethnicity, race, color, sex, gender, sexual orientation, gender identity, 
gender expression, sex characteristics,  language, religious belief or expression,  political or 
other opinion, national or social origin, property, birth and other status, and other protected 
attributes, including disability, age, nationality, marital and family status,  health status, place 
of residence, economic and social situation, maternity and pregnancy, to be free from any form 
of discrimination. It shall therefore intensify its efforts to fulfill its duties under international 
and domestic laws to respect, protect and fulfill the rights and dignity of every individual.  
It is the policy of the State to work actively for the elimination of all forms of 
discrimination that offend the equal protection clause of the bill of rights and the state 
obligations under human rights instruments acceded to by the Republic of the Philippines.  
Towards this end, the State shall exert efforts to address all forms of discrimination 
and violence and to promote human dignity as enshrined in the United Nations Universal 
Declaration on Human Rights, the Convention on the Elimination of All Forms of 
Discrimination Against Women, including the General Recommendation No. 28 on Non-
Discrimination Based on Sexual Orientation and Gender Identity, Convention on the Rights 
of the Child, International Covenant on Civil and Political Rights, International Covenant on 
Economic, Social and Cultural Rights, International Convention on the Elimination of All 
Forms of Racial Discrimination, Convention on the Rights of Persons with Disabilities, 
International Convention on the Protection of All Migrant Workers and Members of their 
Families, and the relevant General Comments or Recommendations by the concerned UN 
Treaty Bodies, and all other relevant and universally accepted human rights principles, 
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instruments and other international conventions to which the Philippines is a signatory of. In 
adherence thereto, discriminatory practices as defined under this Act shall be proscribed and 
penalized.  
	
  
SEC. 3. Definition of Terms. – For purposes of this Act:  
 
a.  
Accommodation refers to any house, apartment, condominium, townhouse, 
flat, hotel, villa, motel, boarding house, hostel, dormitory, elderly home, detention center, 
rehabilitation facility, orphanage, health facility, including mental health facility, birthing 
home and hospital clinic, detention center, camping ground and other analogous places, 
whether public or private;	
  
	
  
b.  
Disability refers to long-term physical, mental, intellectual or sensory 
impairments which in interaction with various barriers may hinder a person’s full and effective              
participation in society on an equal basis with others; 
 
c.       Discrimination refers to any distinction, exclusion, restriction or preference or 
other differential treatment that is directly or indirectly based on the protected attributes, such 
as ethnicity, race, color, sex, gender, sexual orientation, gender identity, gender expression, 
language, religious belief or expression, political or other opinion, national or social origin, 
property, birth and other status, and other protected attributes, including disability, age, 
nationality, marital and family status, health status, place of residence, economic and social 
situation, maternity and pregnancy, which have the intention or effect of nullifying or 
impairing the recognition, enjoyment or exercise, on an equal footing, of political, civil, 
economic, social, or cultural rights. It also includes association with a person who has, or is 
believed to have any of these attributes. Discrimination, which also includes incitement to 
discriminate and harassment, is a result of stigma. The actual status of the person subjected to 
discrimination shall not be relevant for the purpose of determining whether an act of 
discrimination has been committed; 
	
  
d.      Direct discrimination refers to a situation when an individual is treated less 
favorably than another person in a similar situation for a reason related to a prohibited ground. 
Direct discrimination also includes detrimental acts or omissions on the basis of prohibited 
grounds where there is no comparable similar situation; 
	
  
e.        Indirect discrimination refers to laws, policies or practices which appear neutral 
at face value, but have a disproportionate impact on the exercise of civil, political, economic, 
social, and cultural rights as distinguished by prohibited grounds of discrimination; 
	
  
 f.      Education and Training refer to all types and levels of education, and includes 
accessibility, standard and quality of education, training, and other avenues for learning, and 
includes access thereto, the standard and quality thereof and the conditions under which the 
same is given;  
	
  
g.    Employment refers to the existence of an employer-employee relationship, as 
determined by existing law and jurisprudence, as well as all terms, conditions and privileges 
relating to work in public and private institutions, including recruitment policies, application 
procedures, training, incentives, compensation, determination of benefits or allowances, 
promotion, advancement opportunities, transfer and dismissal;	
  


	
  
h.     Ethnic Origin refers to the classification of people based on common color, 
descent, racial, national, tribal, religious, ethno-linguistic or cultural origin or background; 
	
  
i.        Gender refers to a set of socially ascribed characteristics, norms, roles, attributes, 
values and expectations identifying the social behavior of men and women and the relations 
between them;  
	
  
j.      Gender Expression refers to the way a person communicates gender identity to 
others through behavior, clothing, hairstyle, communication or speech pattern, or body 
characteristics;  
	
  
k.      Gender Identity refers to a person’s innermost concept of self as man, woman, 
or another nonbinary identity, which may or may not correspond with their sex or gender 
assigned at birth, and may be characterized, among others, by manner of clothing, inclinations, 
and behavior in relation to masculine or feminine conventions. A person may have a male or 
female identity with the physiological characteristics of the opposite sex;  
	
  
l.     Goods and Services refer to the material and nonmaterial products or things of 
value offered for sale to satisfy needs and wants for survival, comfort, or pleasure, such as 
but not limited to that provided by restaurants, resorts, hotels, clubs, stores and shopping 
malls, or acts or services provided by financial establishments, public utilities, professionals, 
maintenance and repair workers, laborers, among others; 
	
  
m.     Health Status refers to a person's physical or mental health; 
	
  
n.     HIV Status refers to the presence or absence of the human immunodeficiency 
virus (HIV) in the body of an individual; 
	
  
o.     Indigenous Cultural Communities/Indigenous Peoples refer to a group of people 
or homogenous societies identified by self-ascription and ascription by others, who have 
continuously lived as an organized community on communally bounded and defined 
territory, and who have, under claims of ownership since time immemorial, occupied, 
possessed and utilized such territories, sharing common bonds of language, customs, 
traditions and other distinctive cultural traits, or who have, through resistance to political, 
social and cultural inroads of colonization, non-indigenous religions and cultures, became 
historically differentiated from the majority of Filipinos. Indigenous Cultural 
Communities/Indigenous Peoples (ICCs/IPs) shall likewise include peoples who are 
regarded as indigenous on account of their descent from the populations which inhabited the 
country, at the time of conquest or colonization, or at the time of inroads of non-indigenous 
religions and cultures, or the establishment of present state boundaries, who retain some or 
all of their own social, economic, cultural and political institutions, but who may have been 
displaced from their traditional domains or who may have resettled outside their ancestral 
domains;  
	
  
p.   Intersex refers to people who are born with physical or biological sex 
characteristics, such as sexual anatomy, reproductive organs, hormonal patterns and/or 
chromosomal patterns, that do not ﬁt the typical deﬁnitions for male or female bodies. For 
some intersex people, these traits are apparent at birth, while for others they emerge later in 
life, often at puberty;	
  


	
  
q.       Language refers to spoken and signed languages and other forms of non-spoken 
languages; 
	
  
r. 	
   	
   	
   	
   	
   Marginalization refers to a condition where a whole category of people is 
excluded from useful and meaningful participation in political, economic, social, and cultural 
life;  
s.     Marital or Relationship Status refers to the personal status of each individual in 
relation to the marriage laws or customs of the country. The categories of marital status 
include any of the following: single, married, separated, widowed, or de facto spouse of 
another person. A de facto spouse of another person is defined to mean a person who cohabits 
or lives with another person in a relationship similar to marriage but is not legally married to 
that person; 
	
  
t.      Older persons refer to persons who are at least sixty (60) years of age and also 
referred to as senior citizens; 
	
  
u.  Other Status refers to other forms of differential treatment on grounds of 
discrimination which either undermines human dignity, causes or perpetuates systemic 
disadvantage, or adversely affects the equal enjoyment of a person's rights and freedoms in a 
serious manner that is comparable to the protected attributes enumerated in Section 4 of this 
Act. These grounds include but are not limited to the following: pregnancy or 
maternity/paternity status, family responsibilities, health status or medical condition, and 
criminal record; 
	
  
v.    Persons with Disabilities refer to those persons who have long-term physical, 
mental, intellectual or sensory impairments which in interaction with various barriers may 
hinder their full and effective participation in society on an equal basis with others;  
	
  
w.  Physical Features refer to a person's height, size, weight or other bodily 
characteristics and any feature that a person chooses to acquire, such as tattoos and piercings; 
	
  
x.    Political Inclination refers to a person's preference as regards membership or 
belief in a particular political party, organization or ideology.  It covers both the holding and 
not holding of opinions, as well as expression of views or membership within opinion-based 
associations, trade unions or political parties; 
	
  
y.      Profiling refers to reliance on prohibited grounds of discrimination in subjecting 
a person or group of persons, including any type of societal relations to investigatory 
activities, which include but is not limited to (1) unnecessary, unjustified, illegal and 
degrading searches, inquiries, custodial investigations and arrests to determine whether an 
individual is engaged in an activity presumed to be unlawful, immoral or socially 
unacceptable; or (2) recording and analyzing a person’s psychological and behavioral 
characteristics to make generalizations about a person’s protected attributes or to assist in 
identifying a particular sub-group of people’s protected attributes; 
	
  
z.      Public Ridicule refers to an act of contemptuous imitation or mockery of a person 
which leads to marginalization whether in writing, words or action;  
 
aa.    Reasonable Accommodation refers to necessary and appropriate modifications 
and adjustments not imposing a disproportionate or undue burden, where needed in a 


	
  
particular case, to ensure the enjoyment or exercise on an equal basis with others of all human 
rights and fundamental freedoms to persons with disabilities; 
	
  
bb.    Religious Affiliation or Belief refers to the profession or non-profession of 
religion or beliefs of one's choice that may be publicly manifested in worship, practice and 
teaching;  
	
  
cc.   Religious Belief or Expression refers to any form of expression which is 
manifested, publicly or privately, through overt acts or omissions, like worship, observance, 
practice, teaching, writing, and other similar conduct which is consciously or unconsciously 
done because of a person’s religion or belief based on one’s choice; 	
  it also	
  refers to teachings 
and preaching of religious leaders on the basis of their faith, whether it conforms to or opposes 
one’s view or belief, which are made in the confines of their religious service, ceremony or 
gathering and are in accordance with the most deeply held fundamental religious convictions 
of the religion to which they belong, and that they ascribe to such belief with demonstrable 
sincerity;  
	
  
dd.    Sex refers to the biological differences between men and women that are 
universal and usually determined at birth; 
	
  
ee.      Sex characteristics refer to a person’s physical traits that indicate their biological 
sex, such as chromosomes, external genitalia, gonads, hormones, and internal reproductive 
organs. Traits present at birth are called primary sex characteristics; and those that develop 
during puberty are called secondary sex characteristics; 
 
ff.      Sexual Orientation refers to the direction of emotional sexual attraction or 
conduct towards people of the same sex (homosexual orientation), towards people of both 
sexes (bisexual orientation), towards people of the opposite sex (heterosexual orientation) or 
to the absence of sexual orientation (asexual orientation); 
	
  
gg.         Social Origin refers to a person’s inherited social status;  
	
  
hh.        Stigma refers to the dynamic process of devaluation that significantly discredits 
an individual in the eyes of others. When stigma is acted upon, the result is discrimination; 
	
  
ii.          Universal design refers to the design of products, environments, programs and 
services to be usable by all people, to the greatest extent possible, without the need for 
adaptation or specialized design. It shall not exclude assistive devices for particular groups of 
persons with disabilities where these are needed; and 
	
  
jj.         Vulnerable communities refer to communities or sectors that encounter stigma 
and discrimination based on the grounds enumerated under Section 4 of this Act. 
	
  
SEC. 4. Prohibited Grounds for Discrimination. - For the purposes of this Act, 
discrimination that is directly or indirectly based on the actual or perceived ethnicity, race, 
color, sex, gender, sexual orientation, gender identity, gender expression, sex characteristics,  
language, religious expression or belief, political or other opinion, national or social origin, 
property, birth and other status, and other protected attributes, including disability, age, 
nationality, marital and family status, health status, place of residence, economic and social 


	
  
situation, maternity and pregnancy, is prohibited. For purposes of this Act, these personal 
characteristics shall be collectively termed as Protected Attributes.  
	
  
The protected attributes that may be subjected to differentiation or any form of 
discrimination shall be interpreted in their most common or universal definitions and with 
due regard to the promotion of meaningful implementation of non-discrimination policy. 
	
  
In determining whether a person is distinguished by one or more of the protected 
attributes, identification shall, if no justification exists to the contrary, be based upon self-
identification by the individual concerned. Membership also includes association with a group 
characterized by one of the prohibited grounds or perception by others that an individual is 
part of such a group.	
  	
  
	
  
SEC. 5. Act of Discrimination. — Discrimination is committed when a person treats 
another less favorably on the basis of actual or perceived ethnicity, race, color, sex, gender, 
sexual orientation, gender identity, gender expression, sex characteristics, language, religious 
belief or expression, political or other opinion, national or social origin, property, birth and 
other status, and other protected attributes, including disability, age, nationality, marital and 
family status, health status, place of residence, economic and social situation, maternity and 
pregnancy, than the person treats or would treat another without that attribute, or with a 
different attribute, on the same or similar circumstances in the political, economic, social, 
cultural, civil, or other field of public life, directly or indirectly, to include, but not limited to: 
 	
  
a.  
Denial of Right to Political Participation. — Any person acting as principal 
or agent shall be liable for the commission of any of the following acts:	
  
	
  
1.  
Preventing, impeding, prohibiting, obstructing or intervening in the exercise 
of political rights by another including, but not limited to, the right to vote in a 
national or local election, both regular or special, or in a plebiscite, both initiative 
or referendum;	
  
	
  
2.  
Imposing terms and conditions before these political rights are granted, 
preserved or protected; or	
  
	
  
3.  
Subjecting another person who wishes to exercise a political right to any act 
of discrimination.	
  
	
  
b.  
Denial of Right to Organization. - It shall be unlawful to prohibit, prevent, or 
revoke the accreditation, formal recognition, and/or registration of any organization, 
group, political party, institution or establishment, in educational institutions, 
workplaces, communities, and other settings, based partly or solely on the grounds 
provided for in Section 4 of this Act.	
  
	
  
Discrimination is also committed when additional requirements beyond the 
customary are imposed directly or indirectly due to the grounds stipulated in Section 4 
of this Act. 
	
  
c.  
Denial of Right to Employment. 	
  


	
  
1.  
Any employer or head of a firm, company or organization shall be liable for 
the commission of any of the following acts:	
  
	
  
(a)  
Refusing or failing to employ another for work of any type or kind 
which is available and for which the person is qualified, or by imposing on the 
person terms and conditions that violate the protected attributes under this Act;	
  
	
  
(b)  
Failing to make reasonable efforts to make facilities accessible to 
persons with disabilities; 	
  
	
  
(c)  
Denying or limiting access of an employee to the same terms and 
conditions of work, opportunities for training, transfer or promotion, or to 
other benefits connected with the employment, as are made available for other 
employees having the same qualifications and employed in the same 
circumstances or work of the same kind or type, or by imposing on the person 
discriminatory terms and conditions; 	
  
	
  
(d)  
Dismissing, demoting or suspending an employee or subjecting an 
applicant for employment or an employee to any act of discrimination based 
on the protected attributes; or	
  
	
  
(e)  
Retaliating against a person who reports the discrimination, who 
provides information during an investigation, or who is a witness to, or has 
reliable information about discrimination. 	
  
	
  
2.  
Any person acting as principal or agent in procuring employment for other 
persons or procuring employees for an employer shall be liable for discrimination 
by treating an applicant seeking employment less favorably than another person in 
the same circumstances who is likewise seeking employment; 	
  
	
  
3.  
Any person acting as principal or agent of an organization of employers or 
employees, or any person acting or purporting to act on behalf of such organization, 
shall be liable for discrimination by preventing or seeking to prevent another person 
from offering or from allowing another person to continue his or her employment;	
  
	
  
4.  
Deny employment in government institutions, based directly or indirectly on 
the grounds referred to in Section 4; Provided, That, in police, military or 
uniformed personnel in government service, all applicants shall submit and comply 
with the requirements mandated by law;	
  
	
  
5.  
Refuse to enter into contract or agreement with persons or group of persons 
based solely or partly on the grounds provided in Section 4; and	
  
	
  
6.  
Deny an application for or revoke a professional license used for employment 
issued by the government directly or indirectly due to the grounds included in 
Section 4 of this Act.	
  
	
  
d.  
Denial of Right to Education and Training. - It is unlawful for any person to: 	
  


	
  
1.  
Refuse admission or expel a person from any educational or training institution 
on the basis of the grounds defined in Section 4, without prejudice to the right of 
educational or training institutions to determine the academic qualifications and 
non- academic training requirements of their students or trainees, subject to fair, 
reasonable and equitable admission and academic requirements; 	
  
	
  
2.  
Grant or refuse to grant honors, scholarship/s or other forms of assistance on 
the basis of the grounds defined in Section 4; 	
  
	
  
3.  
Impose disciplinary sanction, penalties harsher than customary, or similar 
punishment, requirements, restrictions, or prohibitions that infringe on the rights of 
the students or trainees on the basis of the grounds identified in Section 4; Provided, 
That sectarian educational and training institutions, or institutions of higher 
learning, may reserve their right to determine and implement policies, rules and 
regulations consistent with the vision, mission and objectives of such institutions; 
Provided further, That such policies, rules and regulations are consistent with the 
provisions of this Act. Non-sectarian private educational institutions, as such, shall 
not impose policies considered discriminatory against any protected attributes 
under Sec. 4 of this Act. Public educational institutions are likewise prohibited from 
imposing policies considered discriminatory against any of the protected attributes 
provided in Sec. 4 of this Act; 	
  
	
  
4.  
This prohibition extends to acts committed against a student or trainee to 
discriminate his or her parents or legal guardians based on grounds referred to in 
Section 4 hereof;	
  
	
  
5.  
Failing to make reasonable efforts to make facilities accessible to persons with 
disabilities;	
  
	
  
6.  
Subjecting the student to any act of discrimination and intolerance related to 
education and training; and	
  
	
  
7. Retaliating against a person who reports the discrimination, who provides 
information during an investigation, or who is a witness to, or has reliable 
information about discrimination.  
	
  
e.  
Denial on the Right to Access of Goods and Services. — Any person acting 
as principal or agent who supplies goods or services to the public or to any section of 
the public shall be liable for the commission of any of the following acts:	
  
	
  
1.  
Refusing or failing on demand to supply those goods or services to a person;	
  
	
  
2.  
Refusing or failing on demand to supply those goods or services to another 
person on less favorable terms or conditions than those upon whom they would 
otherwise supply those goods or services; Provided, That the act of giving inferior 
goods or services shall be deemed a denial of access or use of such goods or 
services; or	
  
	
  
3.  
Subjecting another person to any other detriment in connection with the 
provision of goods or services.	
  


	
  
 
 
f.  
Denial of the Right to Reasonable Accommodation. –	
  
	
  
1.  
Any person acting as principal or agent providing accommodation shall be 
liable for the commission of any of the following acts:	
  
	
  
(a)  
Failing to make reasonable efforts to make facilities accessible to 
persons with disabilities; 	
  
	
  
(b)  
Refusing or failing to accept or process the application for any land or 
interest thereof, housing and other accommodations;	
  
	
  
(c)  
Disposing of such land or interest, housing and other accommodation 
to another person on less favorable terms and conditions than those which 
would otherwise be offered;	
  
	
  
(d)  
Treating another person who is seeking to acquire or has acquired an 
estate, land or interest thereof, housing and other accommodation less 
favorably than to others in the same circumstances;	
  
	
  
(e)  
Refusing to permit another person to occupy any estate, land, housing 
and other accommodation; Provided, That operators of boarding houses, 
hostel, dormitories or any other accommodations, public or private, intended 
for students and trainees, shall not be held liable for discrimination for 
imposing rules and regulations which aim to maintain order and discipline, and 
which may include policies on segregation among the occupants of such 
facilities;	
  
	
  
(f)  
Terminating any estate, land or interest thereof of another person or the 
right of another person to occupy any estate, land or housing and other 
accommodation; or	
  
	
  
(g)  
Subjecting an applicant to any other act of discrimination in the 
acquisition, possession, utilization, lease or disposal of estate, land or interest 
thereof, housing and other accommodation; and	
  
	
  
(h)  
Denying accommodations against refugees, evacuees and internally 
displaced persons by reason of natural calamities or armed conflict. 	
  
	
  
2.  
Any person acting as principal or agent shall also be liable for discrimination 
by imposing or seeking to impose on another person any term or condition that 
limits the person or class of persons who may be the clients, visitors or guests of 
any estate, land, housing and other accommodation.  
 
3.  
The abovementioned acts or omissions under this provision shall also be 
discriminatory when they are committed against juridical persons on the basis of 
the actual or perceived protected attributes of their members, officers, board of 
directors or trustees, or their target constituencies.  


	
  
g.  
Denial of the Right to Access Places, Facilities and Modes of Transportation 
for Public Use and to Attend Meetings Open to the Public. - Any person acting as 
principal or agent shall be liable for the commission of any of the following acts:	
  
	
  
1.  
Refusing to allow another person access to or use of any such place, facilities, 
or any mode of transportation that the public or a section thereof is entitled or 
allowed to enter or use;	
  
	
  
2.  
Refusing to allow another person access to or use of any such place, facilities 
or any mode of transportation by providing terms and conditions not similar to 
others whom they would otherwise allow access to or use of the place, 
transportation or facilities;	
  
	
  
3.  
Refusing to allow another person access to a meeting or assembly open to the 
public or to a section thereof, or refusing to allow another person access to a 
meeting or assembly by providing terms and conditions not similar to others to 
which they would otherwise allow access to a meeting or assembly;	
  
	
  
4.  
Requiring another person to leave or cease to use any such place, facility or 
any mode of transportation;	
  
	
  
5.  
Failing to make reasonable efforts to make facilities accessible to persons with 
disabilities; and	
  
	
  
6.  
Subjecting a person to a denial of access to public places, public facilities, 
public transport or public meetings.	
  
	
  
h.  
Denial of Right to Publication of Advertisements or Access to Mass Media. 
- Any person acting as principal or agent, including employees, officers, board of 
directors or trustees, shall be liable for discrimination through publishing, displaying, 
or causing or permitting to be published or displayed an advertisement or notice, 
including or excluding persons from access to social media, that indicates or could 
reasonably be understood as indicating an intention to do an act that is unlawful by 
reason of any provision of this Act. 	
  
	
  
i.  
Denial of Right Against Wrongful Portrayal. - Any person acting as principal 
or agent shall be liable for discrimination by portraying, intimating, depicting or 
describing certain individuals and/or group/s as inferior, in learning institutions, 
instructional materials, teaching devices, books and reference materials, especially in 
Civics and History, and in mass media including social media, or encouraging the 
commission of any of the acts of discrimination against any person and or group as 
provided in this Act; Provided, That in the determination of wrongful portrayal, the 
work, taken as a whole, lacks serious literary, artistic, political or scientific value.  
 
j.  
Denial of the Freedom of Speech, Utterances, Acts of Hatred and Similar 
Acts. -Any person shall be liable for discrimination exercised through delivering 
speeches or making utterances, doing acts of hatred or violence against another person, 
or mocking or ridiculing another person.	
  
	
  


	
  
k.  
Denial of the Right to Health and Well-being. - Any person shall be liable for 
discrimination exercised through subjecting any person, without full, free, informed 
and prior consent, to any unnecessary medical or physical examinations, psychological 
treatments, faith-based practices, and other similar procedures that aim to change 
identity or physical attributes or impose behavior or expressions. This shall include 
denying a person access to public or private medical and other health services open to 
the general public, as well as access to public and private health insurance, including 
Health Maintenance Organization (HMO)-provided medical plans, on the basis of the 
grounds referred to in this Act; 	
  
	
  
l.  
Denial of Right Against Profiling. - It shall be illegal for any person, 
including members of the police, military and uniformed personnel in government 
service, to engage in profiling based solely or partly on the grounds included in Section 
4 of this Act; Provided, That law enforcement officers are allowed to conduct criminal 
profiling based on the actual commission of illegal acts, and not on stereotypical 
assumptions attached to any protected attribute; Provided further, That the purposes of 
profiling include investigation, insurance, and other forms of profiling which have the 
intention or effect of nullifying or impairing the recognition, enjoyment or exercise on 
an equal footing of political, civil, economic, social or cultural rights.	
  
	
  
m.  
Denial of Protection Against Inflicting Stigma. - It shall be unlawful for any 
person to commit any act that promote, encourage, inflict or perpetuate stigma based 
on the grounds referred to in Section 4 hereof. Content in all forms of media, including 
social media, in educational textbooks, or in any other medium that aims to promote, 
encourage, inflict or perpetuate stigma through advertising, producing, or publishing, 
among others, is likewise prohibited. 
 
n.  
Denial of Right Against Illegal Detention and Confinement. - It shall be 
unlawful to detain and confine a person or group of persons based directly or indirectly 
on the grounds under Section 4 hereof.	
  
	
  
o.  
Discrimination through Analogous Acts That Result in Impairment of the 
Enjoyment of Human Rights and Fundamental Freedoms. — Any person acting as 
principal or agent shall be liable for discrimination by analogous acts which have the 
effect or purpose of impairing or nullifying the recognition, enjoyment or exercise of 
the person's human rights and fundamental freedoms, pursuant to existing laws, are 
prohibited.  	
  
	
  
SEC. 6.      Inciting Others to Commit Acts of Discrimination. -  Any person acting 
as principal or agent shall be liable for discrimination by inciting others to commit 
discrimination or any action that is unlawful by reason of a provision of this Act, or by 
assisting or promoting, whether through financial assistance or otherwise, the doing of such 
act. 
	
  
SEC. 7.    Protection Against Abuses by State and Non-State Actors. - It shall be 
unlawful for any government agency, including local government units, police, military and 
immigration, to harass verbally or physically, to curtail freedom of movement, or to extort 
from a person or a group of persons on the basis of the grounds stipulated in Section 4 hereof.   
This prohibition applies to similar abuses committed by non-state actors. 	
  


	
  
SEC. 8.      Exceptions.  -  Any act or conduct, otherwise prohibited under Section 5 
of this Act, shall not be unlawful and shall not be considered as discrimination: 
	
  
(a)  
Where any of the protected attributes are bona fide occupational 
qualifications reasonably necessary to the normal operation of the particular 
business or where the differentiation is based on reasonable factors (Genuine 
Occupational Qualifications);	
  
 
(b)  
Where distinction, exclusion, or preference in respect of a particular job 
is based on inherent requirement and requirement is a proportionate means of 
achieving a legitimate aim (Inherent Requirement);	
  
 
 (c) Where the deeply held fundamental religious doctrines, dogma or beliefs 
of a person or of a body established exclusively for religious purposes require 
or compel such person or body to perform acts or practices necessary to avoid 
injury to the religious sensitivities of adherents of that religion; Provided, That 
such acts or practices do not result to disruption of public service or promote 
discrimination against protected sectors under this Act; 	
  
 
(d)  
Where the act or omission is done in good faith for the purpose of 
assisting or advancing a person or group of persons who need or may 
reasonably be supposed to need assistance or advancement in order to achieve 
an equal place in society with other members of the community (Measures of 
Equality or Affirmative Action Program); and	
  
 
(e)  
Where sectarian educational and training institutions, or institutions of 
higher learning invoke their right to academic freedom to determine and 
implement school policies, rules and regulations, these should not be contrary to 
law, public order, public policy and the Constitution. 
 
There is valid classification when the acts enumerated under this Section do not 
contravene the right to due process and the equal protection of the laws guaranteed under the 
Constitution.  
	
  
SEC. 9.     Persons Liable. - Any person, natural or juridical, including government 
or private corporation, institution or company who commits discrimination through any of the 
acts described in Sections 5, 6 and 7 hereof shall be liable under this Act. 
	
  
Any person who requests, instructs, induces, encourages, authorizes or assists another 
to commit acts of discrimination shall also be liable under this Act. Any person who is duty 
bound to act on complaints of discrimination under this Act but fails, refuses or causes undue 
delay shall be deemed prima facie to have sanctioned the discriminatory act, and shall 
consequently be held equally liable for discrimination.  
	
  
SEC. 10.       Creation of Non-discrimination and Equal Opportunity Committees.  
In order to ensure compliance with this Act, all agencies, corporations, companies and 
educational institutions, whether private or public, as well as any person providing 
employment, housing, education and the delivery of basic goods and services shall create a 
Non-Discrimination and Equal Opportunity Committee, hereinafter referred to as Non-


	
  
Discrimination Committee, which shall exercise administrative jurisdiction to investigate acts 
and practices of discrimination under this Act.	
  
 
The Non-Discrimination Committee shall, among others, conduct the initial 
investigation of cases constituting discrimination on the basis of actual or perceived ethnicity, 
race, color, sex, gender, ethnicity, sexual orientation, gender identity, gender expression, sex 
characteristics, language, religious belief or expression, political or other opinion, national or 
social origin, property, birth and other status, and other protected attributes, including 
disability, age, nationality, marital and family status, health status, place of residence, 
economic and social situation, maternity and pregnancy. The result and findings of such 
investigation shall be referred to the appropriate disciplinary body of the agency, corporation, 
company and educational institution, whether public or private, for resolution, settlement or 
prosecution, and imposition of appropriate sanctions. 
	
  
However, cases or complaints of acts of discrimination as defined in this Act may be 
filed directly with the Commission on Human Rights (CHR) or with the appropriate 
government agency for investigation and resolution, in the exercise of its quasi-judicial 
powers. For cases or complaints of acts of discrimination committed against ICCs/IPs, the 
CHR or the NCIP, as the case may be, may investigate motu propio or on complaint by any 
person, acts or omissions in violation of this Act.   
	
  
In instances where any complaint of discrimination against ICCs/IPs are first filed 
with another entity, the same complaint may be referred to the NCIP for conduct of 
appropriate investigation. Based on its findings, the NCIP shall initiate the filing of 
appropriate legal or administrative action to the appropriate officer or tribunal and may 
prosecute the case for and in behalf of the ICCs/IPs subject to existing rules and guidelines in 
the prosecution of criminal cases.  
	
  
Any administrative sanction on the perpetrator of discrimination shall not be a bar to 
any prosecution in the proper courts on any act of discrimination committed in violation of 
the protected attributes or to any civil claim for damages suffered by the victim of 
discrimination.  
	
  
Failure of any juridical entity, whether public or private, to ensure effective 
implementation of this provision by failure to establish a Non-Discrimination Committee or 
failure to act on a complaint within ten (10) days from receipt thereof and to resolve the same 
with promptness and sensitivity shall be deemed refusal to address discrimination and shall 
be considered as an act of discrimination subject to the penalty provided for in Section 15 
hereof. 
	
  
SEC. 11.      Duty of the Commission on Human Rights (CHR). — It shall be the 
duty of the Commission on Human Rights (CHR) to prevent or deter the commission of acts 
of discrimination and to assist, review and recommend procedures for the resolution, 
settlement or prosecution of acts of discrimination. Towards this end, the CHR shall create a 
Non-Discrimination and Equal Opportunity Office (NDO) and its appropriate divisions at the 
CHR Central Office and NDO units in every CHR Regional Office. The NDO and its 
Regional units shall assist the Commission to: 
	
  


	
  
a.    call or convene any or all of the Non-Discrimination Committees, from both 
public and private institutions, to ensure policies and programs are established 
pursuant to the provisions of this Act;	
  
	
  
b.  establish guidelines and mechanisms that will facilitate access of discriminated 
persons to legal remedies under this Act and related laws, and enhance the 
protection and promotion of the rights of the Filipino people against 
discrimination;	
  
	
  
c.    coordinate with the Department of Education (DepEd) and the Commission 
on	
   Higher Education (CHED) for the promotion of understanding and 
appreciation of cultural diversity, racial harmony and non-discrimination in 
schools and other learning modalities, and ensuring that books, reference 
materials and other learning resources used in education programs, including 
those that portray indigenous peoples or discuss religious practices, are free from 
discriminatory content;	
  
	
  
d.   conduct consultations with indigenous peoples, religious organizations and 
other organizations representing vulnerable, disadvantaged and marginalized 
groups; and 	
  
	
  
e.    assist in the filing of cases against individuals, agencies, institutions or 
establishments, whether private or public, that violate the provisions of this Act. 
For this purpose, the CHR shall:	
  
	
  
1.  
provide legal assistance to victims of discrimination, such as through 
the preparation of necessary pleadings, referral letters and counseling;	
  
	
  
2.  
forge 
Memoranda 
of 
Agreement 
with 
bar 
associations, 
nongovernmental organizations, law firms, and organizations that provide 
legal aid to victims of discrimination to ensure adequate and competent legal 
representation for the complainants; and	
  
	
  
3.  
create an efficient system of case referrals to appropriate government 
departments or agencies.	
  
	
  
SEC. 12.    Responsibility to Promote a Non-discrimination and Equal Opportunity 
Environment. — It shall be the duty of every person, natural or juridical, public or private, to 
ensure nondiscrimination and equal opportunity for all persons in relating to actual or 
prospective employees, students, tenants, customers or clients, and that no discriminatory 
acts, as defined herein, is committed by them or their agents in the areas defined under Section 
4 5 of this Act. 
	
  
The State shall endeavor to eliminate all forms of discrimination and shall therefore 
pursue initiatives and programs that seek to enable an environment free of stigma and 
discrimination. It shall direct the machinery and resources of the State to ensure 
nondiscrimination and promote equality and shall encourage other sectors of the society to 
engage and participate in these efforts. Consistent with existing laws, the State shall ensure 
the establishment of the following programs:	
  


	
  
a.   Social Protection Program -The national government shall implement social 
protection measures for communities affected by and vulnerable to stigma and 
discrimination.	
  
	
  
b.   Diversity and Inclusion Programs and Policies - All government agencies, 
government-owned and controlled corporations, private companies, public and 
private educational institutions, and other entities shall establish diversity 
programs to ensure that discrimination and abuse are prevented. They shall also 
create an internal redress mechanism to address cases of discrimination and grant 
administrative remedies or sanctions for such cases. 	
  
	
  
All government officers and workers are obliged to promote non-discrimination in the 
discharge of their duties and responsibilities. 
	
  
       SEC.13.     Information and Education Campaign. (IEC) – All government 
agencies and instrumentalities, government-owned and controlled corporations, private and 
public educational institutions, private companies, and other sectors, are mandated to develop 
and implement information dissemination on any of the prohibited forms of discrimination. 
They shall ensure that IECs on the rights of the ICCs/IPs under R.A. 8371 and other related 
laws, and culture-sensitivity trainings are included in their programs. They shall endeavor to 
produce and publish information and education campaign materials which must be available 
in accessible formats or applications to promote non-discrimination and diversity.  
 
Information regarding the dignity and diversity of the cultures, traditions, histories, and 
aspirations of the ICCs/IPs should be appropriately reflected in all forms of education, public 
information, cultural-educational exchange, and information education campaigns, including 
the use of social media platforms.  
 
SEC. 14.      Affirmative Action. – The State shall develop a system of affirmative 
actions towards protecting the rights of Indigenous peoples, other cultural minority groups 
and groups that are most vulnerable to discrimination.  
 
The CHR as Gender Ombudsman shall take appropriate measures to ensure 
compliance with this Section. 
 
  SEC.15.      Penalties. - Any person found liable for violating any provision of this 
Act shall be penalized by arresto mayor or imprisonment for a period of not less than one (1) 
month and one (1) day nor more than six (6) months and/or a fine of not less than Ten thousand 
pesos (Php10, 000.00) nor more than One hundred thousand pesos (Php100, 000. 00), taking 
into consideration the circumstances and gravity of the offense and the following conditions, 
to wit:	
  
a.   The penalty provided under this Act shall be imposed in its maximum period 
if the offender has been previously convicted under this Act:	
  
	
  
b.   When the offender is a corporation, partnership or association, the officer or 
employee thereof who is responsible for the violation of this Act shall suffer the 
penalty imposed in its maximum period;	
  
	
  
c.   The penalty provided herein shall be imposed in its maximum period when the 
perpetrator is an ascendant, parent, guardian, step-parent or collateral relative 


	
  
within the second degree of consanguinity or affinity of the victim, or is the 
manager or owner of an establishment which has no license to operate or whose 
license has expired or has been previously revoked;	
  
	
  
d.   The penalty provided for in this Act shall be imposed in its maximum period 
if the offender is a public official, officer or employee. Provided, That the penalty 
of suspension shall also be imposed; and	
  
	
  
e.   A fine to be determined by the court shall be imposed.	
  
	
  
The court may impose upon a person found to have violated for the first time any of 
the prohibited acts, the non-custodial sanctions, such as the rendition of community service, 
gender sensitivity, equal opportunity and diversity seminars and other non-imprisonment 
measures, in terms of attendance in human rights education's familiarization with and 
exposure to the plight of the victims.  
	
  
If the violator is an alien or foreigner, he shall be deported immediately after service 
of sentence without further deportation proceedings, subject to existing laws, rules and 
regulations on immigration and deportation. 
	
  
Persons found guilty of any of the discriminatory practices prohibited under this Act 
shall also be civilly liable. 
	
  
If any crime penalized under the Revised Penal Code is committed and an act of 
discrimination has also been committed, the penalty provided under the Code shall be applied 
and the discrimination committed shall be considered as an aggravating circumstance. 
	
  
SEC. 16. Administrative Proceedings and Sanctions. — In the exercise of their  
monitoring functions,  and upon finding by the CHR, or the NCIP,  in cases of discrimination 
or complaints filed against ICCs/IPs, that a department, agency or instrumentality of 
government, government-owned and controlled corporation, or local government unit has 
violated any provision of this Act and its implementing rules and regulations, the sanctions 
under administrative law, civil service, or other appropriate laws shall be recommended to the 
Civil Service Commission (CSC) or the appropriate appointing authority, or to the 
Department of Labor, in the case of officers and employees of private corporations or entities, 
subject to existing laws.  The person directly responsible for the violation as well as the head 
of the agency or local chief executive shall be held liable under this Act.  
	
  
The administrative remedies provided under this Act do not bar prosecution or civil 
claims in proper courts for an act of discrimination committed under this act. 
	
  
SEC. 17.    Reparation to Victims. - In addition to existing laws and procedural rules 
for reparation to victims, the following measures shall be undertaken: 
	
  
a.   The court, administrative agency, or quasi-judicial body shall follow the 
principles relating to the reparations to, or in respect of victims, including 
restitution, compensation, rehabilitation, guarantees of non-repetition, and public 
apologies. In their decisions, the court, administrative agency, or quasi-judicial 
body may, either upon request or on their own volition, in exceptional 


	
  
circumstances, determine the scope and extent of any damage, loss or injury to the 
victims, stating therein the principles on which they are acting;	
  
	
  
b.   The court, administrative agency, or quasi-judicial body shall make an order 
directly against a convicted person, specifying appropriate reparation to, or in 
respect of, victims, including restitution, compensation, rehabilitation, guarantees 
of non-repetition, and public apologies; 	
  
	
  
c.   Before making an order under this section, the court, administrative agency, or 
quasi-judicial body shall invite and shall consider representations from, or on 
behalf of, the convicted person, victims or other interested persons; and	
  
	
  
d.   The Department of Social Welfare and Development (DSWD) shall provide 
rehabilitative counselling and treatment to offenders toward a better understanding 
of human rights. If necessary, the court shall direct the offender to submit to 
psychiatric treatment or confinement. 
 
Nothing in this section shall be interpreted as prejudicing the rights of victims under 
national or international law. 
	
  
SEC. 18.     Burden of Proof. – Where there is prima facie finding by any court or 
other competent authority that discrimination has been committed against any person, the 
burden of proof that there has been no breach on the right of equality committed against the 
complainant rests on the respondent. This rule shall apply to all civil and administrative 
proceedings.  
 
SEC. 19. Creation of an Oversight Inter-Agency Committee. – An Oversight Inter-
Agency Committee is hereby created to periodically oversee the implementation of this Act. 
The Committee shall be headed by the CHR, through its Chairperson or the designated Non-
Discrimination and Equal Opportunity Focal Commissioner, with the following as Members: 
representatives with the rank of an Undersecretary or Assistant Secretary, from the 
Department of Education (DepEd), Commission on Higher Education (CHED), Civil Service 
Commission (CSC), Department of Labor and Employment (DOLE), Department of Justice 
(DOJ) and other agencies who may be called upon by the CHR. 
 
The Oversight Inter-Agency Committee shall meet twice a year, or as the need arises, 
and shall submit an annual report to Congress on the implementation of this Act. The annual 
report shall be made accessible to the public, and shall contain the following information, 
among others: 
 
a)    Identification of strengths and weaknesses of the implementation of this Act; 
b)   Audit performance of the government agencies in relation to their duties and 
responsibilities under this Act; and 
c)    Recommendations on the improvement of implementation of this Act. 
 
SEC. 20.     Appropriations. - The CHR shall include in its program the 
implementation of this Act, the initial funding of which shall be charged against the current 
appropriation of the Commission. Thereafter, the amount necessary for the continued 
implementation of this Act, shall be included in the annual General Appropriations Act 
(GAA).	
  


	
  
             SEC.21.    Implementing Rules and Regulations. -The CHR as the lead agency, Civil 
Service Commission, Department of Labor and Employment, Department of Interior and 
Local Government, the Armed Forces of the Philippines, the Philippine National Police,  
Department of Education, Commission on Higher Education, Technical Education and Skills 
Development Authority, Department of Justice, Department of Foreign Affairs, Department 
of Health, National Commission on Indigenous Peoples, Philippine Commission on Women, 
National Council on Disability Affairs, Council for the Welfare of Children, National 
Commission on Muslim Filipinos, and the National Economic and Development Authority 
shall promulgate the necessary implementing rules and regulations within sixty (60) days 
from the effectivity of this Act. 	
  
 
SEC. 22. Separability Clause. - If any part or provision of this Act is held invalid or 
declared unconstitutional, the remainder of this Act or any provision not affected thereby shall 
remain in full force effect.	
  
             SEC. 23. Repealing Clause. – All laws, decrees, executive orders, memorandum 
orders, memorandum circulars, administrative orders, ordinances, or parts thereof, which are 
inconsistent with the right to adequate food and the provisions of this Act, are hereby deemed 
repealed or modified accordingly.	
  
 
SEC. 24. Effectivity. - This Act shall take effect after fifteen (15) days following its 
publication in the Official Gazette or in a newspaper of general circulation. 
	
  
Approved,