FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House BiiLNé. 35 4_

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE
The Constitution provides that,

“No law shall be made respecting an establishment of religion, or prohibiting
the free exercise thercot. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political sights.” (Section 5, Article 3)

Likewise, the Philippines must uphold the tenets of equality of every human being as state
party t© the 1981 UN Declaration on the Ekmination of All Forms of Intolerance and of
Discrimination Based on Religion or Beet, which defined discrimination as “any distinction, exclusion
‘or restriction made on the basis of ethnic origin or religious beliefs, which has the effect ov puspose of
impaiting ot nullifying the cecognition, enjoyment of exercise by them of their human tights and
fundamental free cl ‘other field, especially
ate services.”

tachuiding, but nor limited to, ¢

Sadly, the reality bunts us of daily experiences of discrimination across the countey. A 2005
Pulse A\sia survey reported glaringly that “a majority of national respondents (55 percent) think chat
‘Muslims are more prone to run i (47 percent) think that they are terrorists or extremist. E
more, Visayans tend to have a more negative view of Muslims than those from other geographic
regions. A majority of them, (62 percent to 71 percent) agree that Muslims probably follow four of the

stereotypes, while a plorality (42 percent) believes that Muslims are oppressive to
women.” Furthermore, the same study “unequivocally conclude that a considerable percentage of
Filipinos (33 percent to 39 percent) are biased ayainst Muslims.”

Hence, there is a need co enact a law to penalize acts of discrimination against religion and ethnic
origins. This Bill defines acts of discrimination as “committed when a person trcats
favoruble on the basis of ethnic origin and/or religious affiliation or belief...”

jother less

Yo implement the ideals and puspose of the bill, it provides for the (1)
opportunity policy for every agency, corporation, educational institution, and the like (Section 7, 2
aph): (2) creation of the Equal Opportunity Commitee in every agency, public ot priva
(Section 8); and (3) it mandates the Commission on Human Rights, in coordination with the Office of
Muslim Affairs and the National C
of acts of discrimination.” (Section 10)

tion of an equal

mission on Indigenous Peoples, to prevent and deter commission

Representative, 2” Pisicr of Tarlac


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FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Houise Bill No. 304

Introduced by Representative Susan A. Yap

AN ACT
PROHIBITING DISCRIMINATION AGAINST PERSONS ON ACCOUNT
OF ETHNIC ORIGIN AND/OR RELIGIOUS BELIEF

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

SECTION 1. Short Titk. - This Act shall »- known as "The Anti-Racial and Religious
Discrimination Act of 2010"

SEC. 2. Declaration of Policy, - Iv is the policy of the State to:

(@) Maintain peace and order, protect life, liberty and property, and promote the general
welfare for the enjoyment by all people the blessings of democracy;

(b) Promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living and an improved
quulity of life for all

(©) Recognize and promote the rights of indigenous cultural communities within the
framework of national unity and development; and

(d) Give the highest priority to the enactment of measures that protect and enhance the
right of all the people to human dignity; reduce social, economic and political inequalities; and
remove cultural inequities by equitably diffusing wealth and political power for the common
good

SEC. 3. Meaning of Discrimination. - The term "discrimination" as used in this Act shall mean any
distinction, exclusion or restriction made on the basis of ethnic origin or religious affiliation or
beliefs, which has the effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by them of their human rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field, especially including, but not limited to, employment,
livelihood, housing, education and basic services

SEC. 4, Definition of Terms. - (1) "Ethnic origin" includes race, national origin and ethno-
linguistics origin.

(2) “Indigenous peoples" shall, as provided under Section 3(h), Chapter Il of
Republic Act No. 8371 or the "Indigenous People's Rights Act (IPRA) of 1997", refers toa
group of people who are regarded as indigenous on account of their descent fom 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, ur 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.

@) "Moro people” refers to the indigenous people who have historically inhabited
Mindanao, Palawan and Sulu, and who are largely of the Islamic faith.


ees aueene

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(4) "Muslims" refers to those who are followers of the Islamic faith, whether from
birth or by conversion.

(9) "Religious belief” means holding or not holding a religious belief or view and
engaging in, not engaging in or refusing to engage in a religious activity

(©) “Accommodation”, as mentioned herein, includes a house, apactmen
condominium, townhouse, flat, hotel, motel, boarding house, hostel and dormitory.

SEC. 5, “lets of Diserimination - Discrimination is committed when a person treats another le
favorably on the basis of ethnic origin and/or religious affiliation or belief than the person
treats or would treat another without that attribute, or with a different attribute, on the same
or similar circumstances in employment, education, housing and delivery of basic services, to
wit

(@) Discrimination in Employment. - An employer or his agents must_nor
discriminate against an applicant for a job by refusing employment to the person or by
imposing on that person onerous terms and conditions on the basis of his ethnic
background and/or religious affiliation or beliefs. Likewise, an employer or his agents shall
he liable for discrimination by denying or limiting access of the employee to opportunities
for promotion, transfer or training, or to any other benefits connected with the employment
or by dismissing the employee, or by subjecting the employee to any other detriment on the
basis of ethnic background and /or religious affiliation or beliefs;

(b) Discrimination in Education - \ public or private educational institution, their
officers or employees, or any person acting on their behalf shall be liable for discrimination
by refusing, ot failing to accept, another for application for admission as a student or by
denying or limiting access of a student to any benefit or privilege provided by the said
institution, or by expelling the student, or by subjecting the student to any other decriment
‘on the basis of ethnic background and/or religious affiliation or beliefs;

(©) Discrimination in the Delivery of Goods and Services - Any person who, by
reason of ethnic background and/or religious affiliation or belief, shall be liable for
discrimination if he refuses to provide goods or services to another; or imposes onerous
terms on which goods oF services are provided; or subjects another to any other detriment in
connection with the provision of goods or services to him;

(@) Discrimination in Accommodation -A person ot his agents shall be liable for
discrimination by refusing, or failing to accept or process the application for accommodation
of another by providing onerous terms and conditions aot similar to other applicants, or by
subjecting another to any other detriment in connection with the provision of
accommodation to that person on the basis of ethnic background and/or religious beliefs;
and

(©) Any other 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 in the political, economic, social, cultural and civil spheres on the
basis of ethnic background and/or religious beliefs.

SEC. 6, Penns Liable. - Any pei

on, natural or juridical, including any government or private
corporation, institution or company, who commits discrimination against any person on
account of ethnic origin and/or religions affiliations or beliefs, as provided for above, shall
be liable under this Act.

Any person who requests, instructs, induces, encourages, authorizes or assists another to
commit acts of disctimination shall also be liable under this Act. Likewise, a person who is
duty bound to act on complaints of discrimination under this Act but fails, or refuses to do
so, shall be deemed to have sanctioned the discriminatory act, and shall consequently be held
equally liable for discrimination.

SEC. 7. Equal Opportunity. - It shall be the duty of every person, natural or juridical, public or
private, to ensure that there is equal opportunity for all persons in relating to actual or

e


prospective employees, students, tenants, customers or clients, and that no discriminatory
acts, as defined herein, is committed by chem or their agents in the areas of employment,
housing, education and delivery of basic goods and services.

For this purpose, every agency, corporation, company and educational institution, as well as
any other person providing employment, housing, education and delivery of basic goods
and services, shall issue an equal opportunity policy, including the creation of an Equal
Opportunity Committee, as provided for in Section 8 hereof. Failure to do so shall be
deemed refusal to address discrimination, and shall be penalized as an act of disctimination

SEC. 8. Equal Opportunity Committes. - In order to ensure the compliance of this Act,
agencies, corporations, companies and educational institutions, whether private or public,
shall creare an Equal Opportunity Committee which shall have administrative jurisdiction
over cases involving discrimination under this Act.

The committee shall be tasked, among others, to conduct the investigation of alleged cases
constituting discrimination on the basis of ethnic origin and/or religious affiliation or beliefs.
\clministrative sanctions shall not be a bar to any prosecution in the proper courts or any act
of discrimination committed on the basis of ethnic origin and/or religious affiliation ot
beliefs, or to any civil claims for damages caused by said act.

SEC. 9, Penal Clause. - Any person liable under this Act shall be penalized by imprisoament
for a period of not less than thirty (30) days or more than six (6) monthsand/or a fine of not
Jess than Ten thousand pesos (Php10,000.00) nor more than One hundred thousand pesos
(PhP 100,000.00), taking into consideration the circumstances and gravity of the offense.

SEC. 10. Duty of the Commission on Human Rights (CHR). - it shall be the duty of the
Commission on Human Rights (CHR), in coordination with the Office on Muslim Affairs
(OMA) and the National Commission on Indigenous Peoples (NCIP) to prevent or deter the
commission of acts of discrimination and to provide the procedures for the resolution,
settlement or prosecution of acts of discrimination. Towards this end, the CHR shall:

@) Promulgate appropriate rules and regulations prescribing the procedure for the
investigation of discrimination cases against their people and the administrative sanctions
therefore;

(b) Ensure the creation of committees on equal opportunity in different agencies,
corporations, companies and educational institutions, whether private or public; and

(© Require and supervise the agencies, corporations, companies and educational
institutions, whether private or public, in the implementation of this -Act

SEC. 11, Separsbility Claw - If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions ot provi

ions hereof shall not be affected by such
declaration,

Any provision of law or regulations inconsistent herewith is
hereby repealed, revoked or modified accordingly.

‘nity. - This Act shall take effect fifteen (15) days after its publication in two (2)
newspapers of general circulation.

Approved,