SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
'14 
NOV 27 P 6 :26 
____ ~-----S.-B-. 
N_O_. _2_4_7_5 ____ ~_1_{ 
_·f._;i~\ Hi EY_.~'_ 
Introduced by SENATOR SONNY ANGARA 
i 
AN ACT 
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, RACIAL OR ETHNIC ORIGIN, 
RELIGIOUS BELIEFI 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 
EXPLANATORY NOTE 
! 
The 2014 Global Risks Report of the World Economic Forum (WEF) listed "profound political 
and social instability" i as one of the Top 10 Global Risks of Highest Concern, which' 
governments face domestically but have ramifications on the relations between nations-in turn, 
affecting the overall global order. 
Political unrest and lack of social cohesion have effects that go beyond the domestic sphere, 
much like how the de~onstrations of the Arab Spring contributed to higher oil prices in other. 
countries and slower I global economic growth. 
Because the world has become more 
interconnected and intertwined, governments should be cognizant of such "spillover effects" and 
the importance of their tole as primary arbiter of social order. 
i 
. 
. Any form of discriminition threatens such order and stability in the
l Philippines, making it 
imperative that discrimiration -
or any act that establishes, promotes arid perpetuates standing 
inequalities and disregClrds the right to "equality of treatment" afforded by the 1987 Constitution 
-
be reduced in as many aspects of society as possible. 
The Philippines is als6 a signatory to the International Covenants onl Economic, Social and 
Cultural Rights (IESCR) and Civil and Political 'Rights (ICCP) of the Unit\ld Nations, affirming its 
commitment to guaranteeing the broad respect for the human rights of every individual, without· 
discrimination of any kind as related to race, skin color and outward appearance, sex and 
gender identification, languilge, religion and other opinion, national or: social origin, property, 
. and birth or other status. 
We sought to follow thrpugh on these imperatives and international com'mitments since the 14th 
Congress, filing variousi versions of an Anti-Discrimination Bill. 
' 
To an extent, based on'selected global studies, the Philippines is a relatiVely open and equitable 
society. For instance, ,the country scores high on global gender equality indices and ranks . 
5'" overall in the WEF 2013 Global Gender Gap Report. However, many forms of discrimination' 
persist. 
' 
Women 
, 
~ 
: 
. '  
i 
A 2012 International L~bour Organization (ILO) study showed that unemployment rates among 
women in the PhilippinEjs are consistently higher than men. Women are rpore likely to hold lower 
quality employment or~ vulnerable employment, which . typically offers fewer opportunities for 
decent work and social 'protection. 
Violence against women, both in and out of the home, remains a serious societal problem. In 
the Annual Comparati~e Statistics on Violence Against Women releas~d by the PNP-Women 
, 
, 
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, 


and Children Protectior] Center in 2014, there were 1,602 reported rape ,cases in 2013, which is 
283 cases more than t~e 1,319 in 2012, and 546 more than the 1,056 reported in 2011. 3,564' 
cases of physical injuries against women were recorded in 2013; 1,744 in 2012, and 1,588 in 
2011. From 2011 to 2013, there were 300 sexual harassment and 148 Anti-Trafficking cases 
reported to PNP-Wome'n and Children Protection Center. 
Lesbian, Gays, Bisexuals and Transgenders 
Discrimination is not i limited to women alone. While consensual i homosexual relations,. 
homosexuality, and tr::msgenderism are not illegal in the 
Philippin~s, major government 
agencies have yet to formally articulate specific affirmative policies. 
Kwentong Bebot, Live? Experiences of Lesbians, Bisexual and Transgender Women in the 
Philippines, a study corducted by the Rainbow Rights and published b:y the International Gay 
and Lesbian Human Ri~hts Commission, stated that members of the LG/3T community reported 
having experienced physical, verbal, emotional and sexual abuse within their homes, in schools, 
. in their workplaces. 
~ome report having been denied health care and restricted from using' 
public facilities (such al 
the LRT and MRT). 
; 
I 
' 
Many LGBT students find it difficult to assert their right to gender expression, for instance in the 
choice of their school uhiforms since most schools rely on Batas Pambansa Big. 232, otherwise 
known as Education Act of 1982, to determine internal policies governing student behavior, 
irrespective of the discriminatory nature of some of those pOlicies. 
I 
According to the Trans Murder Monitoring Project, a pilot project of Transgender Europe, at 
least 20 transgender or gender-variant people have been killed in the Philippines since 2008. 
The death of Jennifer Laude may prove to be the most recent instance of discrimination against 
LGBT. 
' 
Discrimination against ~hildren takes the form of physical, sexual and psychological abuse. 
According to International Labor Organization (ILO) studies in 2012, ~pproximately 2 million 
Filipino children were exposed to hazardous working environments, s0ch as in quarries and 
mines. There are also $t least 246,011 street children nationwide, 11,346 of which are in Metro 
Manila alone. 
! 
I 
' 
Children continue to bt recruited by non-state armed groups. Anecdot,al reports point to how 
. criminal syndicates us, minors to carry out their illegal activities. ThEiY were also victim.s of 
police abuse while in detention for committing minor crimes. 
Aqe Discrimination 
i 
! 
Age discrimination in hi'ring still gets in the way of job hunters in the forrjl of job advertisements 
indicating that only those within a particular age range would be q\Jalified. Several senior 
citizens still experienc~ discrimination despite Section 5 of the Expanded Senior Citizen's Act 
'(RA 9994) which mandates the government to provide employment opportunities to senior 
citizens who have the capacity and desire to work or be re-employed. 
I 
I 
Persons With Disabilities (PWDs) 
, 
A 2013 study conducted by Christian D. Mina entitled, "Employment of Persons with Disabilities 
(PWDs) in the Philippihes: The Case of Metro Manila and Rosario, Bl[ltangas" as part of the 
Discussion Paper Series No. 2013 of the Philippine Institute for Development Studies stated 
that less than 10 percent of more than 100,000 employable PWDs registered with the DOLE 
were wage-employed. Majority of the employed PWDs in rural and urban areas are considered 
"vulnerable workers" sirce most have informal work arrangements and' are less likely to have 
access to employment ~enefits or social protection programs. 
I 
2 
" , 
'::1 
:~! 
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':1 
'Ill , 


Indigenous Cultural Communities/Indigenous People (ICC/IPs) 
Indigenous people continue to experience abuses involving arbitrary detention, 
persecution, killing of community representatives, coercion, torture, demolition of 
houses, involuntary displacements, rape, and disruption of their rights to food and 
shelter. 
These are but selected instances of how discrimination persists in Philippine society, 
which this measure aims to address and reduce. 
Its swift approval is therefore earnestly sought. 
NY ANGARA 
3 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENAhEi. 
S.B. No 
~4 75 
Introduced by SENATOR SONNY ANGARA 
§rlL1!r 
t~\h~r ~lf \h~' ~rrTrbr14 
'1/1 
NOV 21 P 6 :26 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, RACIAL OR ETHNIC 
3 
ORIGIN, RELIGIOUS BELIEF OR ACTIVITY, POLITICAL INCLINATION OR 
4 
CONVICTION, SOCIAL CLASS, SEX, GENDER, SEXUAL ORIENTATION, 
5 
GENDER IDENTITY AND EXPRESSIONS, MARITAL OR RELATIONSHIP 
6 
STATUS, 
DISABILITY, 
HIV STATUS, 
HEALTH STATUS OR MEDICAL 
7 
HISTORY, LANGUAGE, PHYSICAL FEATURES, AND OTHER STATUS, AND 
8 
PROVIDING PENALTIES THEREFOR 
9 
10 
SECTION 1. Short Title -This Act shall be known as the Comprehensive Anti-
II 
Discrimination Act of 2014. 
12 
t3 
SECTION 2. Declaration of Policy -
It is the policy of the State to work actively 
14 
for the elimination of all forms of discrimination that offends the equal protection 
15 
clause of the Bill of Rights, and the State's obligations under human rights 
16 
instruments acceded to by the Republic of the Philippines, particularly those 
11 
discriminatory practices based on age, racial or ethnic Origin, religious belief or 
18 
activity, political inclination or conviction, social class, sex, gender, sexual 
19 
orientation, gender identity and expressions, marital or relationship status, 
20 
disability, HIV status, health status or medical history, language, physical 
21 
features, or other status. 
22 
23 
Towards this end, discriminatory practices as defined herein shall be 
24 
proscribed and penalized. 
25 
26 
SECTION 3. Definition of Terms -
For the purposes of this Act, the following 
27 
terms shall be defined as follows: 
28 
29 
a. "Disability" shall mean: 1) a physical or mental impairment that substantially limits one 
30 
or more psychological, physiological or anatomical function of an individual or activities 
31 
of that individual; 2) a record of such an impairment; or, 3) being regarded as having 
32 
such an impairment. 
33 
34 
b. "Discrimination" constitutes any distinction, exclusion, restnction or preference or 
35 
other differential treatment that is directly or indirectly based on age, racial or ethnic 
36 
origin, religious belief or activity, political inclination or conviction, social class, 
37· 
sex, gender, sexual orientation, gender identity and expressions, marital or 
38 
relationship status, disability, HIV status, health status or medical history, 
39 
language, physical features, or other status, which has the purpose or effect of 
1 


1 
nullifying or impairing the recognition, enjoyment or exercise, on equal footing, 
2 
of the political, civil, economic, social and cultural rights. Discrimination also 
3 
includes incitement to discriminate and harassment. 
4 
5 
Direct discrimination occurs where a person is treated less favorably than another 
6 
person in the same or comparable circumstances on the ground of their protected 
7 
attribute (i.e. age, racial or ethnic origin, religious belief or activity, political 
8 
inclination or conviction, social class, sex, gender, sexual orientation, gender 
9 
identity and expressions, marital or relationship status, disability, HIV status, 
10 
health status or medical history, language, physical features, or other status). 
11 
12 
Indirect discrimination occurs where an apparently neutral condition or requirement is 
13 
imposed which has the effect of disadvantaging a group with a particular protected 
14 
attribute and which is not reasonable in the circumstances. Indirect discrimination may 
15 
not be unlawful if a respondent can show that there is an objective justification for it. This 
16 
involves demonstrating a proportionate means of achieving a legitimate aim. 
17 
18 
c. "Education and Training" refer to all types and levels of education, training, and other 
19 
avenues for learning, and includes access thereto, the standard and quality thereof and 
20 
the conditions under which the same is given. 
21 
22 
d. "Ethnic Origin" includes race, national origin, and ethno-linguistic origin. 
23 
24 
e. "Employment" refers to all terms conditions; and privileges relating to work in public 
25 
and private institutions, including recruitment policies, application, procedures, training, 
26 
incentives, 
compensation, 
determination of benefits 
or allowances, 
promotion, 
27 
advancement opportunities, transfer, and dismissal. 
28 
29 
This definition shall apply to regular, probationary, casual, contractual, fixed-term, and 
30 
seasonal workers. In legitimate contracting arrangements, the contractor/subcontractor 
31 
shall be deemed the employer of the contractual employee. 
32 
33 
For the purpose of this Act, the terms employment and occupation include access to 
34. 
vocational training, access to employment and to particular occupations, and terms and 
35 
conditions of employment. 
36 
37 
f. "Gender Identity" refers to each person's deeply felt internal and individual experience 
38 
of gender, which mayor may not correspond with the sex assigned at birth (e.g. the sex 
39 
listed on their birth certificate) including the personal sense of the body and other 
40 
expressions of gender, including dress, speech and mannerisms. 
41 
42 
g. "Gender Expression" refers to the outward manifestations of the cultural traits that 
43 
enable a person to identify as male or female according to patterns that, at a particular 
44 
moment in history, a given society defines as gender appropriate. 
45 
46 
h. "HIV Status" pertains to the presence or absence of the human immunodeficiency 
47 
virus (HIV) in the body of an individual. 
48 
49 
i. "Indigenous Cultural Communitiesllndigenous Peoples" (ICCIIPs) shall, as provided 
50 
under Section 3 (h), Chapter II of Republic Act No. 8371 or the Indigenous People's 
51 
Rights Act (IPRA) of 1997, refer to a group of people or homogenous societies identified 
52 
by self-ascription and ascription by others, who have continuously lived as organized 
53 
community on communally bounded and defined territory, and who have, under claims 
54 
of ownership since time immemorial, occupied, possessed and utilized such territories, 
2 


1 
sharing common b~nds of language, customs, traditions and other distinctive cultural 
2 
traits, or who have, through resistance to political, social and cultural inroads of 
3 
colonization, non-indigenous religions and cultures, became historically differentiated 
4 
from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded 
5 
as indigenous on account of their descent from the populations which inhabited the 
6 
country, at the time of conquest or colonization, or at the time of inroads of non-
7 
indigenous religions and cultures, or the establishment of present state boundaries, who 
8 
retain some or all of their own social, economic, cultural and political institutions, but who 
9 
may have been displaced from their traditional domains or who may have resettled 
10 
outside their ancestral domains. 
11 
12 
j. "Bangsamoro People" are those who at the time of conquest and colonization 
13 
were considered natives or original inhabitants of Mindanao and the Sulu 
14 
archipelago and its adjacent islands including Palawan, and their descendants 
15 
whether of mixed or of full blood shall have the right to identify themselves as 
16· 
Bangsamoro by ascription or self-ascription. 
Spouses and their descendants 
17 
are classified as Bangsam~)I:o. 
18 
19 
k. Linguistic Discrimination is a term used to refer to the unfair treatment of an 
20 
individual based solely on the use of language. This use of language may 
21 
include the individual's native language or other characteristics of the person's 
22 
speech, such as an accent, the size of vocabulary (whether the person uses 
·2 .. 3 
complex and varied words), and syntax. 
24 
25 
I. "Muslims" refer to those who are followers of Islamic faith, whether from birth 
26 
or by conversion. 
27 
28 
m. "Marital or Relationship Status" is defined as the personal status of each 
29 
individual in relation to the marriage laws or customs of the country. The 
30 
categories of marital status to be identified are the following: (a) single; (b) 
31 
married; (c) separated; (d) widowed; or (e) de facto spouse of another person. A 
32 
de facto spouse of another person is defined to mean a person who cohabits or 
33 
lives with another person in a relationship similar to marriage but is not legally 
34 
married to that person. 
35 
36 
n. "Physical Features" refers to a person's height, size, weight or other bodily 
37 
characteristics. It shall also include features that a person chooses to acquire, 
38 
such as tattoos and piercings. 
39 
40 
o. "Political Inclination" refers to a person's preference with regards to 
41 
membership or belief in a particular political party, organization or ideology. 
42 
43 
p. "Profiling" means relying on the prohibited grounds of discrimination in 
44 
subjecting a person or group of persons to investigatory activities, which include 
45 
unnecessary, unjustified, illegal, and degrading searches, questioning or other 
46 
investigatory activities, in determining whether an individual is engaged in an 
47 
activity presumed to be unlawful, immoral, or socially unacceptable. 
48 
49 
q. "Religious Belief" covers the profession or non-profession of religion or belief 
50 
of one's choice that may be publicly or privately manifested in worShip, 
51 
observance, practice and teaching. 
52 
3 


1 
r. "Sexual Orientation" refers to each person's capacity for profound emotional, 
2 
affectional and sexual attraction to, and intimate relations with, individuals of a 
3 
different or the same gender or more than one gender. 
4 
5 
It encompasses the broad concept of a person's sexual attraction to, and sexual 
6 
activity with, people of a particular gender. This can be towards people of the 
7 
same sex (homosexual orientation), towards people of both sexes (bisexual 
8 
orientation), 
towards 
neither, 
or 
towards 
people 
of the 
opposite 
sex 
9 
(heterosexual orientation) A person's sexual orientation is distinct from a person's 
10 
gender identity and expression. 
11 
12 
s. "Social Class" refers to groupings of individuals usually based on wealth, 
13 
educational attainment, occupation, income, and membership in a subculture or 
14 
social network. 
15 
16 
t. "Stigma" refers to the dynamic process of devaluation that significantly 
17 
discredits an individual in the eyes of others. When stigma is acted upon, the 
18 
result is discrimination. 
19 
20 
u. "Other Status" refers to other forms of differential treatment or grounds of 
21 
discrimination which either undermines human dignity, causes or perpetuates 
22 
systemic disadvantage, or adversely affects the equal enjoyment of a person's 
23 
rights and freedoms in a serious manner that is comparable to the protected 
24 
attributes enumerated in Section 4 of this Act. These grounds include, but are 
25 
not limited to the following: pregnancy or maternity/paternity status, family 
26 
responsibilities, health status, medical condition, or criminal record. 
27 
28 
SECTION 4. Prohibited Grounds for Discrimination/Protected Attributes-
29 
Discrimination that is directly or indirectly based on the following personal 
30 
characteristics' such as age, racial or ethnic origin, religious belief or activity, 
31 
political inclination or conviction, social class, sex, gender, sexual orientation, 
32 
gender identity and expressions, marital or relationship status, disability, HIV 
33 
status, health status or medical history, language, physical features, or other 
34 
status, is prohibited. For purposes of this Act, these personal characteristics 
35 
shall be collectively termed as "Protected Attributes". 
36 
37 
SECTION 5. Acts of Discrimination; Unlawful -
Subject to Section 7 of this Act, 
38 
the acts of discrimination include, but are not limited to, the following: 
39 
40 
(a) Inflicting stigma. 
41 
42 
It shall be unlawful for any person to commit any acts that promote and encourage 
43 
stigma based on the Protected Attributes. Content in the media, in educational 
44 
textbooks, or in other medium that aims to inflict stigma is likewise prohibited. 
45 
46 
(b) Denial of political, civil and cultural rights. 
47 
48 
It shall be unlawful to deny a person enjoyment of political, civil and cultural rights 
49 
based on Protected Attributes. 
50 
51 
(c) Denial of right to education. 
52 
53 
It is unlawful for any person to: 
4 


1 
("I) Refuse admission or expel a person from any educational or training institution 
;1 
based on Protected Attributes, without prejudice to the right of educational or 
3 
training institutions to determine the academic qualifications of their students or 
4 
trainees; 
5 
6 
(2) Grant or refuse to grant honors, scholarshipis, or other forms of assistance on 
7 
the basis on Protected Attributes, and, 
8 
9 
(3) Impose disciplinary sanctions, penalties harsher than customary, or similar 
10 
punishments, requirements, restrictions, or prohibitions that infringe on the rights 
11 
of the students on the basis on Protected Attributes. 
12 
13 
The prohibition to deny the right to education based on Protected Attributes extends 
14 
to acts committed against a student or trainee to discriminate his or her parents or 
15 
legal guardians. 
16 
17 
(d) Denial of right to work. 
18 
19 
It is unlawful for any person to: 
20 
21 
(1) Use the grounds in Section 4 (Protected Attributes) or require the disclosure 
22. 
thereof in the selection, promotion, and termination of workers, and in the 
23 
determination of compensation, training, incentives, privileges, benefits or 
24 
allowances, as well as other terms and conditions of employment; 
25 
26 
(2) Deny employment in government institutions, including police and military 
27 
service, based directly or indirectly based on Protected Attributes; 
28 
.29 
(3) Refuse to enter into contract or agreement with persons or group of persons 
30 
based solely or partly on Protected Attributes; and 
31 
32 
(4) Deny an application for or revoke a professional license issued by the 
33 
government directly or indirectly due any of the Protected Attributes. 
34 
35 
(e) Denial of access to goods and services 
36 
37 
It is unlawful for any person to: 
38 
39 
(1) Deny a person, solely or partly based on Protected Attributes, of goods and 
40 
services available to the general public, such as but not limited to private and 
41 
public insurance, housing and other forms of accommodation, medical and 
42 
clinical services; 
43 
44 
(2) Refuse entry to or evict a person from any establishment, facility or utility that is 
45 
open to the general public, such as but not limited to, restaurants, bars, hotels, 
46 
shopping malls, solely or partly based on Protected Attributes; and, 
47 
48 
(3) Cause undue and unjust deferral of services or provision of inferior services to 
49 
persons due to Protected Attributes. 
50 
51 
There is discrimination if the acts above are committed against organizations or 
52 
groups of persons based on any Protected Attributes. 
53 
54 
(f) Denial of right to organize. 
5 


1 
2 
It shall be unlawful to prohibit, prevent, or revoke the accreditation, formal 
3 
recognition, and/or registration of any organization, group, political party, institution 
4 
or establishment, in educational institutions, workplaces, communities, and other 
5 
settings, based partly or solely on Protected Attributes. 
6 
7 
Discrimination is also committed when additional requirements beyond the 
8 
customary are imposed directly or indirectly due to Protected Attributes. 
9 
10 
(g) Inflicting harm on health and well-being. 
11 
12 
It shall be unlawful to subject any person, without consent, to any unnecessary 
13 
medical or physical examination, psychological treatment, faith-based practices, and 
14 
other similar procedures based solely or partly on Protected Attributes that aim to 
15 
change identity or physical attributes or impose behavior or expressions. 
16 
17 
(h) Engaging in profiling. 
18 
19 
It shall be illegal for any person, including members of the military and law 
20 
enforcement agencies, to engage in profiling based solely or partly on Protected 
21 
Attributes. 
22 
23 
(i) Abuses by state and non-state actors. 
24 
25 
It shall be unlawful for any government agency, including local government units, 
26 
police, military, and imrnigration agencies, to harass verbally or physically, to curtail 
27 
freedom of movement, or to extort from a person or a group of persons based solely 
28 
or partly on Protected Attributes. 
29 
30 
This prohibition applies to similar abuses committed by non-state actors. 
31 
32 
U) Detention and confinement. 
33 
34 
It shall be unlawful to detain and confine a person or groups of persons based 
35 
directly or indirectly on Protected Attributes. 
36 
37 
(k) Inciting hatred or violence 
38 
39 
It shall be unlawful to incite hatred or violence based on any Protected Attributes by 
40 
use of words or behavior or display of written material, publishing or distributing 
41 
written material; the public performance of a play; distributing, showing or playing a 
42 
recording; broadcasting or including a program in a program service, and possession 
43 
of inflammatory material. The words, behavior, written material, or recordings, or 
44 
program must be threatening and not just abusive or insulting. 
45 
46 
(I) Denial of right to expression 
47 
48 
It shall be unlawful to deny a person of his freedom of opinion and expression based 
49 
solely or partly on Protected Attributes. This includes the expression of identity or 
50 
personhood through speech, deportment, dress, bodily characteristics, choice of 
51 
name, or other means, as well as the freedom to seek, receive, and impart 
52 
information and ideas of all kinds through any medium. 
53 
54 
(m) Other analogous circumstances. 
6 


1 
2 
Any analogous act, which has the effect or purpose of impairing or nullifying the 
3 
recognition, enjoyment, or exercise of the person's human rights and fundamental 
4 
freedoms, are also prohibited. 
5 
6 
SECTION 6. Persons liable -
Any person, natural or juridical, or their 
7 
representatives, including government instrumentalities and agencies, or government-
8 
owned and controlled corporations, or any private corporation, institution, association or 
9 
company who commits discrimination through any of the acts described in Section 5 
10 
shall be liable under this Act. 
11 
12 
Any person, natural or juridical, or their representatives, who requests, instructs, 
13 
induces, encourages, authorizes or assists another to commit acts of discrimination 
14 
under Section 5 shall also be liable under this Act. 
15 
16 
Any person who is duty-bound to act on complaints of discrimination under this Act but 
17 
fails or refuses to do so within a reasonable period shall be deemed prima facie to have 
18 
sanctioned the discriminatory act, and shall be held equally liable for discrimination. 
19 
20 
All government officers and workers are obliged to promote non-discrimination in the 
21 
discharge of their duties and responsibilities. 
22 
23 
SECTION 7. Exceptions -
Any action or conduct, otherwise prohibited under 
24 
Sections 4 and 5 of this Act, shall not be unlawful and shall not be considered as 
25 
discrimination: 
26 
27 
(1) Where any of the involved protected attributes are bona fide occupational 
28. 
qualifications reasonably necessary to the normal operation of the particular 
29 
business or where the differentiation is based on reasonable factors (Genuine 
30 
Occupational Qualifications); 
31 
32 
(2) Where distinction, exclUSion, or preference in respect of a particular job is 
33 
based on inherent requirement and requirement is a proportionate means of 
34 
achieving a legitimate aim (Inherent Requirement); 
.35 
36 
(3) Where the acts or practices of a body established for religious purposes 
37 
conform to the doctrines, tenets or beliefs of the relevant religion or that such 
38 
acts or practices are necessary to avoid injury to the religious sensitivities of 
39 
adherents of that religion; 
40 
41 
(4) Where the act or omission is done in good faith for the purpose of assisting or 
42 
advancing a person or group of persons who need or may reasonably be 
43 
supposed to need assistance or advancement in order to achieve an equal 
44 
place in society with other members of the community (Measures Of Equality 
45 
Or Affirmative Action Program). 
46 
47 
SECTION 8. Penalties -
The penalty of not less than one (1) year but not more 
48 
than six (6) years imprisonment or a fine of not more than Five Hundred Thousand 
49 
Philippine Pesos (PhP500,OOO.OO), or both, in the discretion of the court, and taking into 
50 
consideration the circumstances and gravity of the offense. 
51 
52 
The penalty provided under this section shall be imposed in its maximum period: 
53 
54 
(a) If the offender has been previously convicted under this Act; 
7 


1 
2 
(b) When the offender is an ascendant, parent, guardian, stepparent or collateral 
3 
relative within the second degree of consanguinity or affinity of the victim; 
4 
5 
(c) When the offender is the manager or owner of an establishment which has no 
6 
license to operate or whenever such license has expired or has been 
7 
previously revoked; 
8 
9 
(d) When the offender is a public official, officer or employee: provided, that the 
10 
penalty of suspension shall also be imposed: provided, further, that the public 
11 
official, officer or employee may be asked to undergo gender and 
12 
development training and community service during the duration of 
13 
suspension. 
14 
15 
When the offender is a corporation, partnership or association, the officer or employee 
16 
thereof who is responsible for the violation of this Act shall suffer the penalty imposed in 
. 17 
its maximum period. The corporation shall be jointly liable for any fine imposed. 
18 
19 
An offender who is a foreigner shall be deported immediately after service of sentence 
20 
and shall be barred entry into the country. 
21 
22 
Whenever the courts determine that a fine shall be imposed pursuant to the criminal 
23 
case filed under this Act, the fine thus collected shall be remitted by the court to the 
24 
Commission on Human Rights which shall administer the fund for the assistance of 
25 
victims of discrimination. 
26 
27 
SECTION 9. Programs to promote non-discrimination and diversity -
The State 
28 
shall endeavor to eliminate all forms of discrimination and shall therefore pursue 
29 
initiatives and programs that seek to enable an environment free of stigma and 
30 
discrimination. It shall direct the machinery and resources of the State to ensure non-
31 
discrimination and promote equality and shall encourage other sectors of the society to 
32 
engage and partiCipate in these efforts. It shall ensure the establishment of the following 
33 
programs: 
34 
35 
(a) Social Protection Program -
The national government shall implement social 
36 
protection measures for communities affected by and vulnerable to stigma and 
37 
discrimination. 
38 
39 
(b) Diversity Programs and Policies -
All government agencies, government-owned 
40 
and controlled corporations, private companies, public and private educational 
41 
institutions, and other entities shall establish diversity programs to ensure that 
42 
discrimination and abuse are prevented. They shall also create an internal redress 
43 
mechanism to address cases of discrimination and grant administrative remedies or 
44 
sanctions for such cases. 
4S 
46 
The Civil Service Commission, Department of Labor and Employment, Department of 
47 
Interior and Local Government, Department of Trade and Industry, the Armed Forces of 
48 
the Philippines, Department of Education, Commission on Higher Education, Technical 
49 
Education and Skills Development Authority, Department of Justice, Department of 
50 
Foreign Affairs, and Department of Health shall ensure the implementation of this 
51 
Section. 
52 
8 


1 
Failure of the above agencies, without justifiable cause, to ensure the implementation of 
2 
this provision shall be deemed refusal to address discrimination and shall be penalized 
3 
as an analogous act of discrimination. 
4· 
5 
SECTION 10. Enforcement -
Criminal complaints brought under this Act shall 
6 
be filed with the proper court. In addition to the criminal complaint, a person who has 
7 
been subjected to any acts of discrimination as defined in this Act may file a complaint 
8 
with the Commission on Human Rights. For this purpose, the Commission on Human 
9 
Rights may investigate, motu proprio or on complaint by any person, acts or omissions in 
10 
violation of this Act. 
11 
12 
In all cases under investigation, the Commission may issue legal and preventive 
13 
measures as well as provisional remedies. These measures or remedies shall include, 
14 
but are not limited to, general writs of injunction, restraining orders, status quo ante 
15 
orders, cease and desist orders, protection orders or such other orders to protect the life 
16 
and security of persons, preserve evidence, protect properties and other considerations 
17 
to ensure the efficient investigation of the alleged violation of this Act. 
18 
19 
The Commission shall also direct the officer concerned to take appropriate action 
20 
against a public officer or employee at fault or who neglected to perform an act or 
21 
discharge a duty required under this Act, and order revocation of license, removal from 
22 
office or employment, suspension, demotion, fine, censure, or prosecution, and ensure 
23 
compliance therewith. Refusal by any officer without just cause to comply with an order 
24 
of the Commission to revoke the license, remove, suspend, demote, fine, censure, or 
25 
prosecute an officer or employee who is at fault, or who neglects to perform an act or 
26 
discharge a duty required under this Act, shall be a ground for disciplinary action against 
27 
said officer. 
28 
29 
SECTION 11. Administrative proceedings and sanctions against public officials 
30 
and employees -
Pursuant to Section 8 of this Act, which makes it a duty of the 
31 
Commission on Human Rights to investigate alleged cases of discrimination, a finding by 
32 
the Commission on Human Rights that a department, agency or instrumentality of the 
33 
government, a government-owned and controlled corporation, or a local government unit 
34. 
has violated any provision of this Act and its implementing rules and regulations, shall 
35 
carry with it a recommendation to the Civil Service Commission and/or the Department 
36 
of Interior and Local Government for the imposition of sanctions under administrative 
37 
law, civil service, or other appropriate laws. Such recommendation shall include the 
38 
names of the person directly responsible for the Violation, and a statement that the 
39 
sanctions be imposed upon the person directly responsible and the head of the agency 
40 
or the local chief executive . 
. 41 
42 
SECTION 12. Fines against private persons, provisional remedy -
Upon a prima 
43 
facie finding that any provision of this Act was violated and upon its issuance of a cease 
44 
and desist order, the Commission on Human Rights may impose a fine of up to Twenty 
45 
Thousand Philippine Pesos (PhP20,000.OO), for every day that the act of discrimination 
46 
complained persists. 
47 
48 
For purposes of this section and the imposition of the provisional remedy of fine, the 
49 
Commission on Human Rights may ask the assistance of the Department of Trade and 
50 
Industry, the Commission on Higher Education, Department of Labor and Employment, 
51 
Department of Education, and the Technical Education and Skills Development 
52 
Authority. 
53 
54 
The fine thus collected shall be for the assistance of victims of discrimination. 
9 


1 
2 
SECTION 13. Implementing rules and regulations (lRR) -
The Commission on 
3 
Human Rights, Civil Service Commission, Department of Labor and Employment, 
4 
Department of Interior and Local Government, the Armed Forces of the Philippines, 
5 
Department of Education, Commission on Higher Education, Technical Education and 
6 
Skills Development Authority, Department of Justice, Department of Foreign Affairs, 
7 
Department of Health, National Commission on Indigenous Peoples, and National 
8 
Commission on Muslim Filipinos shall promulgate the necessary implementing rules and 
9 
regulations within sixty (60) days from the effectivity of this Act. Thereafter, this Act shall 
10 
be fully implemented with or without the IRR 
11 
12 
SECTION 14. Separability clause -
If, for any reason, any part, section or 
13 
provision of this Act is held invalid or unconstitutional, the remaining provisions not 
14 
affected thereby shall continue to be in force and effect. 
15 
16 
SECTION 15. Repealing Clause --
All laws, decrees, executive orders, 
17 
proclamations, rules and regulations, and other issuances, or part or parts thereof, which 
18 
are inconsistent with the provisions of this Act are hereby repealed, amended or 
19 
modified accordingly. 
20 
21 
SECTION 16. Effectivity clause -
This Act shall take effect fifteen (15) days after 
22 
its publication in the Official Gazette or at least two (2) newspapers of general 
. 23 
circulation, whichever comes earlier. 
24 
25 
Approved, 
10