NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE
S.B. No. 233
Senate
of 
£>tarp
72 JUL-7 P6 ‘01
RECEiVlD BV:
INTRODUCED BY SENATOR ROBINHOOD PADILLA
AN ACT
PROTECTING AND PROMOTING THE RIGHTS TO EQUALITY AND NON­
DISCRIMINATION ON THE BASIS OF RACE, ETHNICITY, RELIGION OR 
BEING FORMERLY INCARCERATED PERSON
EXPLANATORY NOTE
The principle of equality and non-discrimination is at the heart of every human 
rights law. Despite this, it Is a reality that discrimination still remains a fundamental 
problem in our modern world. As reported by Amnesty International, a group that 
commits itself to challenge discriminatory practices around the globe, "discrimination 
occurs when a person is unable to enjoy his or her human rights or other legal rights 
on an equal basis with others because of an unjustified distinction made in policy, law 
or treatment." The principle of equality thereby requires States to undertake actions 
to diminish or eliminate conditions that cause or help to perpetuate discrimination.
In the Philippine context, no less than the 1987 Constitution guarantees the 
right of every Filipino to equal protection of the laws as it likewise declares that the 
State values the dignity of every human person and guarantees full respect for human 
rights (Section 11, Article II).
Regrettably, It is a reality that differing and adverse treatment on the basis of 
race, ethnicity, religion, or even involvement with the justice system still exists in a 
democratic country like ours. Like other nations around the world, social exclusion. 
Intolerance, and discrimination prevail and harm the basic rights of every member of 
our society.
As part of our commitment to undertake legislative and other measures as may 
be necessary to give effect to the principles of the highest law of our land, taking Into


consideration international treaties, covenants, and human rights instruments, this bill 
is being proposed to make any act of discrimination justiciable, which means that such 
action becomes an actionable wrong with criminal and/or civil sanction.
This bill lays down the prohibited and punishable acts of discrimination against 
a person, his/her relative up to fourth degree of consanguinity or affinity, or 
representative, when committed on the basis of race, color, descent, national or ethnic 
origin, religion, or religious affiliation or beliefs, or being formerly incarcerated.
Diversity is among the constants of Philippine society. There is no normative 
framework that regulates people's relations except the mores of the society which 
have continued to evolve through time.
In order to ensure that every Filipino's equality is preserved and human dignity 
is protected, the passage of this measure is earnestly sought.
lOOD PADILLA


NINETEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES }
First Regular Session 
)
SENATE
s.b.T'Iq. 233
£0%
‘■V ■
of 
riai;)
*22 JUL-7 P6 -01
RHCEIVLJ BY;
INTRODUCED BY SENATOR ROBINHOOD PADILLA
AN ACT
PROTECTING AND PROMOTING THE RIGHTS TO EQUALITY AND NON­
DISCRIMINATION ON THE BASIS OF RACE, ETHNICITY, RELIGION OR 
BEING FORMERLY INCARCERATED PERSON
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section. 1- Short Title. - This Act shall be known as the "Anti-Discrimination
Act"
Section 2. Declaration of Policy. - It is the poiicy of the State to work 
activeiy 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 race, ethnicity, being formerly incarcerated, or 
religious affiliation or beliefs.
Section 3. Definition of Terms. - As used in this Act:
a. Discrimination refers to any distinction, exclusion, restriction or preference 
made on the basis of race color, descent, national or ethnic origin, religion, 
religious affiliation or beliefs, or being a formerly incarcerated person which has 
the effect or purpose of impairing or nullifying the recognition, enjoyment or 
exercise on an equal footing, of the human rights and fundamental freedoms 
in the political, economic, social, cultural, civil or any other field of public life of 
a person. Discrimination includes incitement to discrimination and harassment.
b. Education and Training refers to all types and levels of education and training, 
and includes access thereto, the standard and quality of education and training, 
and the conditions under which these are given.


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c. Employment refers to the condition where an employer-employee relationship 
exists as determined by existing law and jurisprudence, including those 
pertaining to terms, conditions, and privileges relating to work in public and 
private institutions, such as recruitment policies, application procedures, 
training, incentives, compensation, determination of benefits or allowances, 
promotion, advancement opportunities, transfer and dismissal.
d. Ethnic Origin refers to the classification of people based on common color, 
racial, national, tribal, religious, ethno-lingulstic or cultural origin or 
background.
e. Ethno-iinguistic Group refers to a group of people that shares a distinct 
language, cultural inheritance and history that give them a unique identity and 
which has racial, ethnic, and religious bases.
f. Formerly Incarcerated Person refers to a person or individual with prior justice 
system involvement, including but not limited to: one who had been accused 
of committing a criminal act, one who had been acquitted, or one who may had 
been previously incarcerated and served his or her sentence in any jail system 
and penal institution.
g. Goods and Services refer to the material and non-material products or things 
of value offered for sale to satisfy needs and wants for survival, comfort, or 
pleasure such as those provided by restaurants, resorts, hotels, clubs, stores 
and shopping malls; or acts or services provided by credit or financial 
establishments, public utilities and services, professionals, maintenance and 
repair workers, laborers and similar workers.
h. Housing and other accommodations refer to a house, apartment, condominium, 
townhouse, flat, motel, boarding house, hotel, dormitory, shelter, elderly home, 
rehabilitation facility, orphanage, health facility Including a mental health 
facility, detention center, camping ground and other analogous places.
i. 
Indigenous Cultural Communities and Indigenous People 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, tradition and other distinctive cultural 
traits, or who have, through resistance to political, social and cultural inroads 
of colonization, non-Indigenous religions and culture, become historically 
differentiated from the majority of Filipinos. Indigenous cultural communities 
and indigenous peoples 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


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political institutions, but who may have been displaced from their traditional 
domains or who may have resettled outside their ancestral domains.
j. 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.
k. Stereotype refers to a thought adopted about specific kinds of religions or 
ethnicities, or persons who practice a specific reiigion or who belong to a 
specific ethnic background, specificaliy with reference to their beiiefs and ways 
of doing things, which are based upon oversimpiified opinions or intolerant 
attitudes, regardless of whether such thoughts or beliefs accurately reflect 
reality.
l. 
Stereotyping refers to any act or combination of acts which resuit in the singiing 
out or profiiing of a person or class of persons based on a stereotype as defined 
in the immediately preceding paragraph, which results in a derogatory attitude 
towards any person or any derogatory treatment against such person or class 
of persons.
m. Vehicle refers to a train, ship, bus, taxi, car, or aircraft, and such other forms 
of public conveyance and transport.
Section 4. Acts of Discrimination, - It is unlawful for any person, natural 
or juridical, to perform any act involving a distinction, exciusion, restriction or 
preference based on race, coior, descent or national or ethnic origin, religion, or 
religious affiiiation or beiiefs, or formeriy incarcerated person which has the purpose 
or effect of nullifying or impairing the recognition, enjoyment or exercise on an equal 
footing of any human right or fundamentai freedom in the political, economic, social, 
cultural, civil or any other field of public life. An act is deemed discriminatory when a 
person requires another person to compiy with a term, condition or requirement which 
are not reasonable, having regard to the circumstances of the case; or the other 
person does not or cannot compiy with the term, condition or requirement; and the 
requirement to compiy has the purpose or effect of nullifying or impairing the 
recognition, enjoyment or exercise on an equal footing by persons of the same race, 
color, descent or national or ethnic origin, religion, or religious affiliation or beliefs.
Section 5. Prohibited Acts. - The following acts of discrimination, when 
committed on the basis of race, color, descent, national or ethnic origin, religion, or 
religious affiliation or beliefs, or being formerly Incarcerated, against a person 
including its relative up to fourth degree of consanguinity or affinity, or representative 
of that person, are deemed discriminatory, and shall be prohibited:
1. Discrimination in Political Participation. - Any person shall be held liable for the 
commission of any of the following discriminatory acts:
a. Preventing, impeding, prohibiting, obstructing or intervening in the 
exercise of political rights by another, including the right to vote and be


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voted upon in a national or local election, both regular or special, or in 
a plebiscite, both initiative or referendum;
b. Imposing onerous terms before these political rights can be exercised; 
or
c. Subjecting a person who wants to exercise a political right.
2. Discrimination in Empioyment
a. An employer, head of a firm or his or her agent, company or 
organization, shall be held liable for any of the following discriminatory 
acts:
i. 
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 onerous terms or conditions;
ii. 
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 onerous 
terms and conditions; or
iii. 
Dismissing, demoting, reassigning, or transferring an employee, 
or subjecting an applicant for employment or an employee.
b. Any person in procuring employment for other persons or procuring 
employees for an employer shall be held liable for treating an applicant 
seeking employment less favorably than another person in the same 
circumstances who is likewise seeking employment; or
c. Any person of an organization of employers or employees, or any person 
acting or purporting to act on behalf of such organization, shall be liable 
for preventing or seeking to prevent a person from offering employment 
to another or for preventing the continued employment of a person.
3. Discrimination in Education and Training. Any person who heads or owns an 
educational or training institution, including any officer, employee or person 
acting on behalf of the head or owner of such Institution shall be liable for any 
of the following discriminatory acts:
a. Refusing or failing to admit a student, or expelling a student from an 
educational or training institution;


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b. Denying or limiting access of a student to any benefit or privilege 
provided by the institution;
c. Imposing disciplinary sanctions, penalties harsher than customary, or 
similar punishments, requirement, restrictions, or prohibitions that 
Infringe on the rights of the students; or
d. Subjecting the student to any other act of discrimination against one's 
right to relevant education and training.
4. Discrimination in the Saie or Deiivery of Goods and Services. Any person who 
supplies goods or services to the public shall be liable for any of the following 
discriminatory acts:
a. Refusing or failing on demand to supply those goods or services to 
another person except on less favorable terms or conditions than those 
upon whom they would otherwise supply those goods or services;
b. Subjecting another person to any act of discrimination in connection with 
the provision of goods or services;
c. Denying access to medical or health services open to the general public; 
or
d. Denying application for a license, clearance, certification or any other 
document issued by government authorities or other entitles, with no 
lawful, valid or reasonable grounds.
5. Discrimination in the Acquisition, Possession, Utiiization, Lease or Disposai of 
Lands, inciuding Housing and other Accommodations.Any person in the 
acquisition, possession, utilization, leasing or disposal of lands or interest thereof, 
including housing and other accommodations, shall be liable for any of the 
following discriminatory acts:
a. Refusing or falling to accept or process the application for any land or 
interest thereof, including housing and other accommodations;
b. Disposing of such land or interest, or housing and other accommodations 
to another person on less favorable terms or conditions than those which 
are or would otherwise be offered;
c. Treating another person who is seeking to acquire or has acquired an 
estate, land or Interest thereof, housing and other accommodations less 
favorably than to others in the same circumstances;
d. Refusing to permit another person to occupy any estate, land, housing and 
other accommodations;


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e. Excluding any estate, land or interest thereof of another person or rejecting 
the right of another person to occupy any estate, land or housing and other 
accommodations;
f. Subjecting an appiicant to any other act of discrimination in the acquisition, 
possession, utilization, lease or disposal of estate, land or interest thereof, 
housing and other accommodations;
g. Imposing on another person any term or condition that limits the persons 
or class of persons who may be the clients, visitors or guests of any land 
or residential or business accommodation; or
h. Evicting a person on his or her iand, including housing and 
accommodations.
6. Discrimination in Access to Pubiic Piaces, Faciiities and Pubiic Meetings, Any 
person shall be liable for any of the following discriminatory acts:
a. Refusing access or evicting a person to use of any place, vehicle or 
facilities that the general public or section thereof is entitled or allowed 
to enter or use;
b. Providing onerous terms or conditions not similar to others who are 
allowed access to or use of the place, vehicle, or facilities;
c. Refusing access or evicting a person to a meeting or assembly open to 
the general public or to a section thereof, or refusing to allow another 
access to a meeting or assembly by providing onerous terms or 
conditions not similar to others to which they would otherwise allow 
access to a meeting or assembly;
d. Requiring another person to leave or to stop the use of any public place, 
vehicle or any such facilities; or
e. Subjecting a person to a denial of access to public places, facilities or 
public meetings.
7. Discrimination by Engaging in Profiiing. Any person including any member of 
the military or law enforcement agencies, shall be held liable for subjecting a 
person or a group or groups of persons to investigatory activities, such as 
unnecessary, unjustified, illegal and degrading searches and similar acts, which 
are unlawful, immoral or socially unacceptable.
8. Discrimination through Anaiogous Acts that Resuit in Impairment of the 
Enjoyment of Human Rights and Fundamentai Freedoms. Any person shall be 
liable for 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 in the political, economic, social, cultural, civil


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spheres or any other field of public life, and where such rights and freedoms 
are guaranteed and consistent with relevant international human rights 
instruments to which the Philippines is a State Party thereof, and where such 
analogous acts are committed on the basis of race, color, descent, national or 
ethnic origin, religion, religious affiliation or beliefs or formerly incarcerated 
person.
Section 6. Person/s Liable, - Any person, natural or juridical. Including a 
government agency or a private corporation, institution or company, who assists, 
authorizes. Instructs, incites, performs, or promotes discriminatory act as described in 
the preceding section shall be liable under this Act.
Any person who is duty-bound to act on complaints or 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.
Section 7. Creation of a Non-discrimination and Equal Opportunity 
Committee, - In order to ensure compliance with this Act, all agencies, corporations, 
companies, organizations, educational institutions, training centers, 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 the Non-Discrimination Committee, 
which shall exercise administrative jurisdiction to investigate acts and practices of 
discrimination under this Act.
The Non-Discrimination Committee shall conduct the initial investigation of 
cases constituting discrimination on the basis of race, ethnic background, being 
formerly Incarcerated, religion, religious affiliation or beliefs. The result and findings 
of such investigation shall be referred to the appropriate government agencies for 
resolution, settlement or prosecution.
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 on 
the basis of race, ethnic background, being formerly incarcerated, religion, religious 
affiliation, religious beliefs, or to any civil claim for damages suffered by the victim of 
discrimination.
The failure of any juridical entity, whether public or private, to ensure effective 
Implementation of this provision shall be deemed refusal to address discrimination and 
shall be considered as an act of discrimination, subject to the penalty provided for in 
Section 11 hereof.
Section 8. Duty of the Commission on Human Rights (CHR), - It shall 
be the duty of the Commission on Human Rights (CHR), In coordination with the 
National Commission on Indigenous Peoples (NCIP), the National Commission on 
Muslim Filipinos (NCMF), the Civil Service Commission (CSC), and other relevant 
government agencies, to protect and promote the right of all persons against 
discrimination. Towards this end, the CHR shall:


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1. Assist government agencies in the development and review of procedures 
for the Investigation, resolution, settlement, or prosecution of acts of 
discrimination;
2. Monitor the implementation of this Act by agencies, corporations, 
companies, organizations, educational institution and training institutions, 
whether private or public;
3. Promulgate appropriate rules and regulations for the investigation of 
discrimination cases and the administrative sanctions therefor;
4. Establish guidelines and mechanisms that will facilitate access of 
discriminated persons to legal remedies under the Act and related laws, and 
enhance the protection and promotion of the rights of the Filipino people 
against discrimination;
5. Coordinate with the Department of Education (DepEd), the Commission on 
Higher Education (CHED), state universities and colleges, public or private, 
and technical education and skills development authority (TESDA) for the 
promotion of understanding and appreciation of cultural diversity In schools 
and other learning modalities, and ensuring that books, reference materials, 
and other learning resources used in education programs are free from 
discriminatory content;
6. Conduct consultations with indigenous peoples, ethno-linguistic groups and 
religious organizations or religious communities; and
7. Assist in the filing of cases against individuals, agencies, institutions, or 
establishments, whether public or private, that violate the provisions of this 
Act. For this purpose, the CHR shall:
a. Provide legal assistance to victims of discrimination such as through 
the preparation of necessary pleadings, referral letters, and 
counseling;
b. Forge Memoranda of Agreement with lawyers' 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;
c. Accredit lawyers who will accept cases under this Act, pro bono; and
d. Create an efficient system of case 
government departments or agencies.
referrals to appropriate
Section 9. 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 non-discrimination and equal opportunity to all


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persons when relating to actual or prospective employees, students, tenants, 
customers, or clients and that no discriminatory acts, as defined herein, are committed 
by them or their agents.
All government officers and workers are likewise obliged to promote and 
observe equality and non-discrimination in the discharge of their duties and 
responsibilities.
Section 10. Pena! Provisions.
1. Any person found liable for violating any provision of this Act shall be 
penalized as foilows:
a. For the first violation, a fine of not less than One Hundred Thousand 
pesos (P100,000.00) but not exceeding Five hundred thousand pesos 
(P500,000.00) or imprisonment of six (6) years, or both at the 
discretion of the court; and
b. For any subsequent violation, a fine of not iess than Five hundred 
thousand pesos (P500,000.00) but not exceeding One Million pesos 
(P1,000,000.00) or imprisonment for eight (8) years, or both at the 
discretion of the court.
2. If the violator is an ascendant, descendant, parent, guardian, stepparent 
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 shall be penalized of a a fine of not less than Five hundred 
thousand pesos (P500,000.00) but not exceeding One Million pesos 
(P1,000,000.00) or imprisonment for eight (8) years, or both at the 
discretion of the court;
3. If the offender is a public official, officer, or employee, he/she shall be 
penalized of a fine of not less than Five hundred thousand pesos 
(P500,000.00) but not exceeding One Million pesos (P1,000,000.00) or 
imprisonment for eight (8) years, or both at the discretion of the court;
4. If the violator is an alien or a foreigner, he shall be deported immediately 
after service of sentence without further deportation proceedings.
5. If the violator is a corporation, organization or any similar entity, the 
officials thereof directly involved shall be liable therefore and be penalized 
of a fine of not less than Five hundred thousand pesos (P500,000.00) but 
not exceeding One Million pesos (P1,000,000.00) or imprisonment for eight 
(8) years, or both at the discretion of the court;
Upon filing of an appropriate complaint, and after due notice and hearing, 
the proper authorities may also cause the cancellation or revocation of the


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business permit, permit to operate, franchise and other similar privileges 
granted to any business entity that fails to abide by the provisions of this 
Act.
Section 11. Administrative Proceedings and Sanctions. - Upon finding 
by the Non-Discrimination Committee 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 law, rules and regulations, or 
other appropriate laws shall be recommended to the Civil Service Commission, or the 
Department of Interior and Local Government, in the case of government officials or 
employees, or to the Department of Labor, in the case of officers and employees of 
private corporations or entitles. 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 failure of a head of agency, government official or employee whose duty 
is to prosecute or otherwise act on a complaint for a violation of this Act shall constitute 
neglect of duty on the part of such official or employee.
Section 12. Appropriations. - The Chairperson of the CHR shall include in the 
CHR's 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).
Section 13. Impiementing Ruies and Reguiations (IRR). - Within ninety 
(90) days from the effectivity of this Act, the CHR, in consultation with the NCIP, 
NCMF, and other stakeholders, shall issue the necessary Implementing Rules and 
Regulations.
Section 14. Repeaiing Ciause. - Any provision of law or regulation inconsistent 
herewith is hereby repealed, revoked or modified accordingly.
Section 15. Separabiiity Ciause. - If any portion of this Act Is declared 
unconstitutional or invalid, the remaining portions not affected thereby shall continue 
to have force and effect.
Section 16- Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
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