Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

18 Congress
{First Regular Session

House Bill No. 4587

Introd::ced by HON. RODRIGO A. ABELLANOSA

EXPLANATORY NOTE

All around the globe, people of aff backgrounds are exposed to issues arising from differences in race,
gender, gender identity, sexual orientation, religion, and culture. Most of the time, many prefer to avoid
discussions on the matter because of fear of inciting bias and discrimination, But with the advent of
social media and increased connectivity, the issue has become more pressing than ever and as it is the
responsibility of the State to promote the general welfare of its people, this bill seeks to penalize
discriminatory acts and introduce programs that embrace diversity

The Philippines, being an archipelago of 7,641 islands, approximately 2,000 of which are inhabited’,
and having been colonized in the past by a number of superpowers, is a hodgepodge of varying races,
cultures, languages, and beliefs. This often leads to circumstances where intentionally or
unintentionally, privilege and discrimination abound. The proposed measure is intended to address the
inequities and hostility that may result from such biased behavior.

By defining and penalizing discriminatory practices, this bill hopes to promote harmonious co-existence
among our countrymen.

In view of the foregoing, passage of this bill is earnestly sought,

@

RODRIGO A. ABELLANOSA

https://www. worldatlas.cor varticles/how-many-islands-are-there-in-the-philippines. html



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

18% Congyess
First Regular Session

4587

House Bill No.

Introduced by HON. RODRIGO A. ABELLANOSA

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, RACIAL OR
ETHNIC ORIGIN, RELIGIOUS BELIEF OR ACTIVITY, POLITICAL

INCLINATION OR CONVICTION, SOCIAL CLASS, SEX, GENDER, SEXUAL.

ORIENTATION, GENDER IDENTITY AND EXPRESSIONS, MARITAL OR
RELATIONSHIP STATUS, DISABILITY, HIV STATUS, 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

Section 1. Short Title. - This Act shall be known as the "Comprehensive Anti-Discrimination
Act of 2019."

Sec. 2. Declaration of Policy. - It is the policy of the State to work actively for the elimination
of all forms of discrimination that offends the equal protection clause of the Bill of Rights, and
the State's obligations under human rights instruments acceded to by the Republic of the
Philippines, particularly those discriminatory practices based on age, racial or ethnic origin,
religious belief or activity, political inclination or conviction, social class, sex, gender, sexual
orientation, gender identity and expressions, marital or relationship status, disability, HIV
status, health status or medical history, language, physical features, or other status.

Towards this end, discriminatory practices as defined herein shall be proscribed and
penalized.

Sec. 3. Definition of Terms. - For the purposes of this Act, the following terms shall be defined

as follows:
a. Disability refers to: 1) a physical or mental impairment that substantially limits one or
more psychological, physiological or anatomical function of an individual or activities


of that individual; 2) a record of such an impairment;
such an impairment

b. Discrimination constitutes any distinction, exclusion, restriction or preference or other
differential treatment that is directly or indirectly based on age, racial or ethnic origin,
religious belief or activity, political inclination or conviction, social class, sex, gender,
sexual orientation, gendér identity and expressions, marital or relationship status,
disability, HIV status, health status or medical history, language, physical features, or
other status, which has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise, on equal footing, of the political, civil, economic, social and
cultural rights, Discrimination also includes incitement to discriminate and harassment.
Direct discrimination occurs where a person is treated less favorably than another
person in the same or comparable circumstances on the ground of their protected
attribute (i.e. age, racial or ethnic origin, religious belief or activity, political inclination
or conviction, social class, sex, gender, sexual orientation, gender identity and
expressions, marital or relationship status, disability, HIV status, health status or
medical history, language, physical features, or other status), Indirect discrimination
occurs where an apparently neutral condition or requirement is imposed which has the
effect of disadvantaging a group with a particular protected attribute and which is not
reasonable in the circumstances. Indirect discrimination may not be unlawful if a
respondent can show that there is an objective justification for it. This involves
demonstrating a proportionate means of achieving a legitimate aim. E

¢. Education and Training refers to all types and levels 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.

d. Ethnie Origin includes race, national origin, and ethno-linguistic origin.

ce. Employment refers to 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. This definition shall apply to
regular, probationary, casual, contractual, fixed-term, and seasonal workers. In
legitimate contracting arrangements, the contractor/subcontractor shall be deemed the
employer of the contractual: employee. For the purpose of this Act, the terms
employment and ‘occupation include access to’ vocational training, access to
employment and to particular occupations, and terms and conditions of employment

£ Gender Identity refers to each person's deeply felt internal and individual experience of
gender, which may or may not correspond with the sex-assigned at birth (e.g. the sex
listed on their birth certificate) including the personal sense of the body and other
expressions of gender, including dress, speech and mannerisms.

g. Gender Expression refers to the outward manifestations of the cultural traits that enable
person to identify as male or female according to patters that, at a particular moment
in history, a given society defines as gender appropriate.

h. HIV Status refers to the présence or absence of the human immunodeficiency virus
(HIV) in the body ofan individual.

i. Indigenous Cultural Communities! Indigenous Peoples (ICC/IPs) shall, as provided
under Section 3 (h), Chapter I-of Republic Act No. 837or the Indigenous People's
Rights Act (IPRA) of 1997, refer to a group of people or homogenous societies
identified by self-ascription and ascription by others, who have continuously lived as
organized community on communally bounded and defined territory, and who have,
under claims of ownership since time immemorial, occupied, possessed and utilized

, 3) being regarded as having


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. 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.

j. Bangsamoro People are those who, at the advent of the Spanish colonization, were
considered natives or original inhabitants of Mindanao and the Sulu archipelago and its
adjacent islands, whether of mixed or full blood, shall have the right identity
themselves, their spouses and descendants, as Bangsamoro.

k. Linguistic Discrimination refers to the unfair treatment of an individual based solely on
the use of language. This use of language may include the individual's native language
or other characteristics of the person's speech, such as an accent, the size of vocabulary
(whether the person uses complex and varied words), and syntax.

|. Muslims refer to those who are followers of Islamic faith, whether from birth or by
conversion. «

m. 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 to be
identified are the following: (a) single; (b) married; (c) separated (d) widowed, or (e)
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.

n. Physical Features refer to a person's height, size, weight or other bodily characteristics.
It shall also include features that a person chooses to acquire, such as tattoos and
piercings.

©. Political Inclination refers to a person's preference with regards to membership or belie
in a particular political party, organization or ideology.

p. Profiling means relying on the prohibited grounds of discrimination in subjecting a
person or group of persons to investigatory activities, which include unnecessary,
unjustified, illegal, and degrading: ‘searches, questioning or other investigatory
activities, in determining whether an individual is engaged in an activity presumed to
be unlawful, immoral, or socially unacceptable.

4q. Religious Belief covers the profession or non-profession of religion or belief of one's
choice that may be publicly or privately manifested in worship, observance, practice
and teaching,

r. Sexual Orientation refers to each person's capacity for profound emotional, affectional
and sexual attraction to, and intimate relations with, individuals of a different gender or
the same gender or more than one gender. It encompasses the broad concept of a
person's sexual attraction to, and sexual activity with; people of a particular gender
This can be towards people of the same sex (homosexual orientation); towards people
of both sexes (bisexual orientation), towards neither, or towards people of the opposite
sex (heterosexual orientation). A person's sexual orientation is distinct from a person's
gender identity and expression.

s. Social Class refers to groupings of individuals usually based on wealth, educational
attainment, occupation, income, and membership in a subculture or social network.



t. 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

u. Other Status refers to other forms of differential treatment or 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 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,
criminal record.

Sec. 4. Prohibited Grounds for Discrimination/Protected Attributes. - Discrimination that is
directly or indirectly based on the following personal characteristics such as age, racial or
ethnic origin, religious belief or activity, political inclination or conviction, social class, sex,
gender, sexual orientation, gender identity and expressions, marital or relationship status,
disability, HIV status, health status or medical history, language, physical features, or other
status, is prohibited, For purposes of this Act, these personal characteristics shall be collectively
termed as Protected Attributes.

See. 5. Acts of Discrimination, Unlawful. - Subject to Section of this Act, the acts of
discrimination include, but are not limited to, the following:

(a) Inflicting stigma. It shall be unlawful for any person to commit any acts that promote
and encourage stigma based on the grounds referred to in Section 4. Content in the
media, in educational textbooks, or in other medium that aims to inflict stigma is’
likewise prohibited.

(b) Denial of political, civil and cultural rights. It shall be unlawful to deny a person
enjoyment of political, civil and cultural rights based on the grounds referred to in
Section 4,

(c) Denial of right to education, 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 of their
students or trainees;

(2) Grant or refuse to grant honors, scholarship/s, or other forms of assistance on the
basis of the grounds defined in Section 4; and

(3) Impose disciplinary sanctions, penalties harsher than customary, or similar
punishments, requirements, restrictions, or prohibitions that infringe on the rights
of the students on the basis of the grounds identified in Section 4. The prohibition
to deny the right to education on the basis of the grounds in Section extends to acts.
committed against a student or trainee to discriminate his or her parents or legal
guardians,

(d) Denial of right to work. It is unlawful for any person to:

(1) Use the grounds in Section or require the disclosure thereof in the selection,
promotion, and termination of workers, and in the determination of compensation,
training, incentives, privileges, benefits or allowances, as well as other terms and
conditions of employment:

(2) Deny employment in government institutions, including police and military
service, based directly or indirectly on the grounds referred to in Section 4;

(3) Refiise to enter into contract or agreement with persons or group of persons based
solely or partly on the grounds provided in Section 4; and


(4) Deny an application for or revoke a professional license issued by the government
directly or indirectly due to the grounds included in Section 4.

(e) Denial of access to goods and services It is unlawful for any person to:

(1) Deny a person, solely or partly on the basis of the grounds in Section 4, of goods
and services available to the general public, such as but not limited to private and
public insurance, housing and other forms of accommodation, medical and clinical
services;

(2) Refuse entry to or evict a person from any establishment, facility or utility that is
‘open to the general public, such as but not limited to, restaurants, bars, hotels,
shopping malls, solely or partly on the basis of the grounds listed in Section 4; and,

(3) Cause undue and unjust deferral of services or provision of inferior services to
persons due to the grounds in Section 4. There is discrimination if the acts above
are committed against organizations or groups of persons based on the grounds
identified in Section 4.

(f) Denial of right to organize. 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. Discrimination is also committed when additional requirements beyond the
customary are imposed directly or indirectly due to the grounds stipulated in Section 4.

(g) Inflicting harm on health and well-being. It shall be unlawful to subject any person,
without consent, to any unnecessary medical or physical examination, psychological
treatment, faith-based practices, and other similar procedures based solely or partly on
any of the grounds referred to in Section that aim to change identity or physical
attributes or impose behavior or expressions.

(h) Engaging in profiling, It shall be illegal for any person, including members of the
military and law enforcement agencies, to engage in profiling based solely or partly on
the grounds included in Section 4.

(i) Abuses by state and non-state actors. It shall be unlawful for any government agency,
including local government units, police, military, and immigration agencies, 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. This prohibition”
applies to similar abuses committed by non-state actors.

Gj) Detention and confinement. It shall be unlawful to detain and confine a person or groups
of persons based directly or indirectly on the grounds under Section 4

(k) Inciting hatred or violence It shall be unlawful to incite hatred or violence based on
any of the grounds included in Section 4, by use of words or behavior or display of
written material, publishing or distributing written material; the public performance of
a play; distributing, showing or playing a recording; broadcasting or including a
program in a program service, and possession of inflammatory material. The words,
behavior, written material, or recordings, or program must be threatening and not just
abusive or insulting,

(1) Denial of right to expression It shall be unlawful to deny a person of his freedom of
opinion and expression based on the grounds included in Section 4. This includes the
expression of identity or personhood through speech, pines dress, bodily
characteristics, choice of name, or other means, as well as the freedom to seek, receive,
and impart information and ideas of all kinds through any medium.


(m) Other analogous circumstances. Any analogous act, which has the effect or purpose
of impairing or nullifying the recognition, enjoyment, or exercise of the person's human
rights and fundamental freedoms, are also prohibited

Sec. 6, Persons Liable. - Any person, natural or juridical, or their representatives, including
government instrumentalities and agencies, or government-owned and controlled corporations,
or any private corporation, institution or company who commits discrimination through any of
the acts described in Section shall be liable under this Act.

Any person, natural or juridical, or their representatives, who requests, instructs,
induces, encourages, authorizes or assists another 10 commit acts of discrimination under
Section shall also be liable under this Act

Any person who is duty-bound to act on complaints of discrimination under this Act
but fails or refuses to do so shall be deemed prima facie to have sanctioned the discriminatory
act, and shall be held equally liable for discrimination, All government officers and workers
are obliged to promote nondiscrimination in the discharge of their duties and responsibilities

Sec. 7. Exceptions. - Any action or conduct, otherwise prohibited under Sections and 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 acts or practices of a body established for religious purposes conform to the
doctrines, tenets or beliefs of the relevant religion or that such acts or practices are
necessary to avoid injury to the religious sensitivities of adherents of that religion;

(a) 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).

Sec. 8. Penalties. - The penalty. of not less than one (1) year but not more than six (6) years
imprisonment or a fine of not more than Five Hundred Thousand Philippine Pesos
(PhPS00,000.00), or both, in the discretion of the court, and taking into consideration the
circumstances and gravity of the offense.

The penalty provided under this Section shall be imposed in its maximum period

(a) If the offender has been previously convicted under this Act,

(b) When the offender is an ascendant, parent, guardian, stepparent or collateral relative
within the second degree of consanguinity or affinity of the victim;

(c) When the offender is the manager or owner of an establishment which has no license
to operate or whenever such license has expired or has been previously revoked;

(d) When the offender is a public official, officer or employee: Provided, That the penalty
of suspension shall also be imposed: Provided, further, That the public official, officer,
or employee may be asked to undergo gender and development training and community
service during the duration of suspension.


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. The corporation shall be jointly liable for any fine imposed.

An offender who is a foreigner shall be deported immediately after service of sentence
and shall be barred entry into the,country.

Whenever the courts determine that a fine shall be imposed pursuant to the criminal
case filed under this Act, the fine thus collected shall be remitted by the court to the
Commission on Human Rights which shall administer the fund for the assistance of victims of
discrimination.

Sec. 9. Programs to Promote Non-discrimination and Diversity. - 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 non-discrimination and promote equality and shail
encourage other sectors of the society to engage and participate in these efforts. It 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 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

The Civil Service Commission (CSC), Department of Labor and Employment (DOLE),
Department of Interior and Local Government (DILG), Department of Trade and Industry
(DTD, the Armed Forces of the Philippines (AFP), Department of Education (DepEd),
Commission on Higher Education (CHED), Technical Education and Skills Development
Authority (TESDA), Department of Justice (DOJ), Department of Foreign Affairs (DFA), and
Department of Health (DOH) shall ensure the implementation of this Section

Failure of the above agencies, without justifiable cause, to ensure the implementation
of this provision shall be deemed refusal to address discrimination and shall be penalized as an
analogous act of discrimination

Sec. 10. Enforcement - Criminal complaints brought under this Act shall be filed with the
proper court. In addition to the criminal complaint, a person who has been subjected to any acts
of discrimination as defined in this Act may file a complaint with the Commission on Human
Rights (CHR). For this purpose, the CHR may investigate, motu proprio or on complaint by
any person, acts or omissions in violation of this Act.

In all cases under investigation, the Commission may issue legal and preventive
measures as well as provisional remedies. These measures or remedies shall include, but are
not limited to, general writs of injunction, restraining orders, status quo ante orders, cease and
desist orders, protection orders ot such other orders to protect the life and security of persons,
preserve evidence, protect properties and other considerations to ensure the efficient
investigation of the alleged violation of this Act.

The Commission shall also direct the officer concerned to take appropriate action
against a public officer or employee at fault or who neglected to perform an act or discharge a


duty required under this Act, and order revocation of license, removal from office or
employment, suspension, demotion, fine, censure, or prosecution, and ensure compliance
therewith, Refusal by any officer without just cause to comply with an order of the Commission
to revoke the license, remove, suspend, demote, fine, censure, or prosecute an officer or
employee who is at fault, or who neglects to perform an act or discharge a duty required under
this Act, shall be a ground for dis¢iplinary action against said officer.
4

Sec. 11. Administrative Proceedings and Sanctions against Public Officials and Employees. -
Pursuant to Section of this Act, which makes it a duty of the CHR to investigate alleged cases
of discrimination, a finding by the CHR that a department, agency or instrumentality of the
government, a government-owned and controlled corporation, or a local government unit has
violated any provision of this Act and its implementing rules and regulations, shall carry with
it a recommendation to the CSC and/or the DILG for the imposition of sanctions under
administrative law, civil service, or other appropriate laws. Such recommendation shall include
the names of the person directly responsible for the violation, and a statement that the sanctions
be imposed upon the person directly responsible and the head of the agency or the local chief
executive.

Sec. 12. Fines against Private Persons, Provisional Remedy. - Upon a prima facie finding that
any provision of this Act was violated and upon its issuance of a cease and desist order, the
CHR may impose a fine of Twenty Thousand Pesos (P20,000.00), for every day that the act of
discrimination complained of has not ceased

For purposes of this section and the imposition of the provisional remedy of fine, the
CHR may ask the assistance of DTI, CHED, DOLE, DepEd, and TESDA. The fine thus
collected shall be for the assistance of victims of discrimination.

Sec. 13. Jmplementing Rules and Regulations. - The CHR, CSC, DOLE, DILG, AFP, DepEd,
CHED, TESDA, DOJ, DFA, DOH, National Commission on Indigenous Peoples, and National
Commission on Muslim Filipinos shall promulgate the necessary implementing rules and
regulations within sixty (60) days from the effectivity of this Act. Thereafter, this Act shall be
fully implemented with or without the IRR.

Sec. 14. Separability Clause. - If, for any reason, any part, section or provision of this Act is
held invalid or unconstitutional, the remaining provisions not affected thereby shall continue
to be in force and effect

Sec. 15. Repealing Clause. - All laws, decrees, executive orders, proclamations, rules and
regulations, and other issuances, or part or parts thereof, which are inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or at least two (2) newspapers of general circulation, whichever comes
earlier :

Approved,