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( RECEIVED
- Republic of the Philippines F oare, NOV, 08
HOUSE OF REPRESENTATIVES TIME
Quezon City
First Regular Session
EIGHTEENTH CONGRESS
House Bill No.5358

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Introduced by the Honorable Precious Hipolito Castelo
EXPLANATORY NOTE

First off, this bill serves as a counterpart of Senate Bill No. 137 authored by Senator Sonny
‘Angara believing as this humble author does in the timeliness and urgency of a measure of
this nature. This Act shall be known as the "Comprehensive Anti-Discrimination Act of 2019”.

Under established jurisprudential doctrines, the Supreme Court has consistently held that for
classification or discrimination to be valid, it must: (1) rest on substantial distinctions; (2) be
germane to the purpose of the law; (3) not be limited to existing conditions only; and (4)
apply equally to all members of the same class.

Certainly, people are exposed to different cultures, different upbringings, and different
experiences. However, these differences certainly do not justify dehumanization of certain
sectors of our society. As Filipino people, we should be able to adapt to changing times by
leaming to embrace the reality that social and societal norms evolve.

The State values the dignity of every human person and guarantees full respect for human
rights. Our fundamental law, under the Bill of Rights, also recognizes the equal protection of
laws. These laws provide the rationale for enactment of various laws that promote equality.

For instance, Republic Act No. 6825 prohibits discrimination against women with respect to
terms and conditions of employment. Another example is Republic Act No. 7277, as
amended, or the “Magna Carta for Disabled Persons”, which affords persons with disabilities
(PWDs) the same rights as other people. In 2016, Republic Act No. 10911 or the “Anti-Age
Discrimination in Employment Act” was enacted purposively to curtail “ageism” or age
discrimination in employment. In addition, our country is also a signatory to various
intemational covenants that promote equal protection of laws, such as the Intemational
Covenant on Economic, Social and Cultural Rights (ICESCR) and the Intemational
Covenant on Civil and Political Rights (ICCPR).

Despite the intention of these good laws to afford equality to everyone, it cannot be denied
that various sectors of our society are still marginalized. Indubitably, to curb all forms of
discrimination, the enactment of a general and comprehensive anti-discrimination bill is vital.

In view of the foregoing, immediate consideration and passage of this bill is earnestly
sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session -
EIGHTEENTH CONGRESS

House Bill No. “"* 5356

Introduced by the Honorable Precious Hipolito Castelo

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, 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; or 3) being
regarded as having 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, gender 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.


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h)

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).

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.

Ethnic O1

includes race, national origin, and ethno-linguistic origin.

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
employer.

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 the birth certificate) including the personal sense of
the body and other expressions of gender, including dress, speech and
mannerisms.

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

HIV Status - refers to the presence or absence of the human immunodeficiency
virus (HIV) in the body of an individual.

Indigenous Cultural Communities/ Indigenous Peoples (ICC/IPs) — shall as
provided under Section 3 (h), Chapter Il of Republic Act No. 8371 or 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 other, 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 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. ICC/IPs shall likewise include people who are regarded as
indigenous on account of their descent from the populations which inhabited the


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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.

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 to identify themselves, their spouses and descendants, as Bangsamoro.

Linguistic Discrimination — refers to the unfair treatment of an individual based
on the use of language. This use of language may include the individual's
native language or other characteristics of the persons’ 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

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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.

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 regard to membership
or belief in a particular political party, organization, or ideology.

Profiling — means relying on the prohibited grounds of discrimination in subjecting
@ 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.

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.

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 on grounds of
discrimination which either undermines human dignity, causes or perpetuates
systemic disadvantage, or adversely affects the equal enjoyment of a person's
rights and freedoms in a serious manner that is comparable to the protected

tributes enumerated in Section 4 of this Act. These grounds include, but are not

limited to the following: pregnancy or matemity/patemity 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.

SEC. 5. Acts of Discrimination, Unlawful. - Subject to Section 7 of this Act, the acts
of discrimination include, but are not limited to, the following:

(@) 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.
Itis 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 4 extends to acts committed against a student or trainee to discriminate
his or her parents or legal guardians.



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

(1) Use the grounds in Section 4 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 goverment institutions, including police and military
service, based directly or indirectly on the grounds referred to in Section 4;

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

(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.
Itis 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

ical services;

(2) Refuse entry to or evict a person from any establishment, fa
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 agai
groups or persons based on the grounds identified in Section 4.

st organizations or

(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 4 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.

() 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.
@_ 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 materi
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, behaviour,
written material, or recordings, or program must be threatening and not just abusive
or insulting.

() 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, deportment, 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 or controlled
corporations, or any private corporation, institution, or company who commits discrimination
through any of the acts described in Section 5 shall be liable under this Act.

Any person, natural or juridical, or their representatives, who requests, instructs,
induces, encourages, authorizes, or assists another to commit acts of discrimination under
Section 5 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 non-discrimination in the
discharge of their duties and responsibilities.

SEC. 7. Exceptions. - Any action or conduct, otherwise prohibited under Sections 4
and 5 of this Act shall not be unlawful and shall not be considered discrimination:

)

2)

3)

4)

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);

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)

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;

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 jess than one (1) year but not more than six
(6) years imprisonment or a fine of not more than Five Hundred Thousand Pesos
(PhP500,000.00), or both, shall be imposed, at the discretion of the court, taking into
consideration the circumstances and gravity of the offense.

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

(@) 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;

(©) When the offender if 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 determined 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
endeavour 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 shall 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 and 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 (DTI), 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 or 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 concemed to take appropriate action
against a public officer or employee at fault or who neglected to perform an act or discharge
fa 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 disciplinary action against said officer.

SEC. 11. Administrative Proceedings and Sanctions against Public Officials and
Employees. — Pursuant to Section 8 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 @
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. 7

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 (PhP20,000.00), for
every day that the act of discrimination complained of has not ceased.

For purposes 0 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. Implementing Rules and Regulations. - The CHR, CSC, DOLE, DILG,
AFP, DepEd, CHED, TESDA, DOJ, DFA, DOH, National Commission on Indigenous
Peoples, 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, prociamations,
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 in at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved,