| HOUSE ‘F REPRESENTATIVES

RECEIVED
Dare: 3
Republic of the Philippines ve 30 JUN 2016
House of Representatives TNS us
Quezon City, Metro Manila BY:
conmnceny' REGISTRATION UNIT
SEVENTEENTH CONGRES$ puis ayo ini

First Regular Session

491

HOUSE BILL NO.

Introduced by HON. SITTI DJALIA A. TURABIN-HATAMAN
‘of Anak Mindanao (AMIN) Party.

EXPLANATORY NO

The Bill of Rights of the 1987 Philippine Constitution, particularly Article Ill, Section
1, provides for “equal protection of the laws.” This equal protection clause is a specific
constitutional guarantee of the Equality of the All Persons. Under it, each individual is dealt
with as an equal person in the law, which does not treat the person differently because of
who he/she is or what he/she possesses. However, when this does not happen in the
realities of life, like the different and adverse treatment or discrimination against
Muslims/MORO people and Indigenous Peoples or Lumads/ Highlanders in Mindanao and
elsewhere in the Philippines, then the axiom of constitutional state policy of social justice
(Art. IL, See. 10) steps in, that those who have less in life must have more in law.

It is an established principle of constitutional law that the equal protection clause is
not violated by a legislation based on reasonable classification, one which rests on
substantial distinctions, is germane to the purpose of the law, is not limited to existing
conditions only, and applies equally to all members of the same class. There are indeed
substantial distinctions between/among the three classes of peoples in Mindanao --- the
majority Christian settlers (and their descendants), the Muslims or MORO people, and the
Indigenous Peoples. Unfortunately, their inter-relationships have been characterized, among
others, by a historical and current minoritization, marginalization, and discrimination in
various areas of life. This must be addressed.

The Constitution likewise provides that the Philippines adopts the generally accepted
principles of international law as part of the law of the land (Art. Il, Sec. 2). Under the
International Covenants on Economic, Social and Cultural Rights, as well as on Civil and
Political Rights, States Parties like the Philippines undertake to guarantee and ensure respect
for the rights enunciated therein, without discrimination of any kind as to race, color, sex,


language, religion, political or other opinion, national or social origin, property, birth or
other status, and to adopt such legislative or other measures as may be necessary to give
effect to those rights,

As part of the global community, the Philippines is aware of the United Nations
declarations on religious intolerance, which have become more relevant in present times
where the backlash of the September 11, 2001 has been greatly felt by Muslims all over the
world. The Muslims in Mindanao and elsewhere in the Philippines are no exception, Thus,
in keeping with the 1981 Declaration On The Elimination Of All Forms Of Intolerance And
Of Diserimination Based On Religion Or Belief, and the 1993 Resolution on the Elimination
Of All Forms Of Religious Intolerance, this Act addresses religious and other forms of
discrimination.

To be sure, discriminatory attitudes or practice will not be corrected by legislation
alone, even penal ones like this Act PROHIBITING DISCRIMINATION AGAINST
PERSONS ON ACCOUNT OF ETHNIC ORIGIN AND/OR RELIGIOUS BELIEF, But these
legislative sanctions are still part of what should be a holistic response to such discrimination
and are one contribution of Congress in this fight.

Approval of this bill is therefore sought.

HON. sf fx DJALIA A. TURABIN

IATAMAN


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

Seventeenth Congr
First Regular Session

House BillNo.__ 491.

Introduced by HON. SITTI DJALIA A. TURABIN-HATAMAN of Anak Mindanao
(AMIN) Party-List

AN ACT PROHIBITING RACIAL, ETHNIC AND RELIGIOUS DISCRIMINATION

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

SECTION 1. Short Title. - This Act shall be known as “Anti-Racial, Ethnic and
Religious Discrimination Act.”

TION 2. Declaration of Policy. - It shall be the policy of the State to:

(a) Maintain peace and order, protect life, liberty and property, and to promote

the general welfare for the enjoyment of the blessings of democracy by all

people;

(b) Promote a just and dynamic social order that will ensure the prosperity and

independence of the nation and free peoples from poverty through policies

that provide adequate social services, promote full employment, a rising

standard of living and an improved quality of life;

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

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

ION 3. Definition of Terms. - For purpose of this Act, the following terms shall


(a)

(c)

(a)

(f)

(g.)

Discrimination shall refer to any distinction, exclusion, restriction or
reference made on the basis of race, color, descent, national or ethnic origin,
religion, or religious affiliation or beliefs which has the effect or purposeof
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.

Housing and other Accommodation shall refer to accommodation in a house,
apartment, condominium, townhouse, flat, motel, boarding house, hotel,
dormitory, shelters, and detention centers or on a camping ground.

Education shall refer to all types and levels of education, and includes access
to education, the standard and quality of education, and the conditions under
which it is given.

Employment shall refer to both public and private employment, the existence
of which shall be determined by the four-fold test:

1.) Selection of the employee;
2.) Payment of pages;

3.) Power of dismissal; and
4.) Power of control

‘This definition shall apply to regular, probationary, contractual, seasonal, and
project-based workers. In legitimate contracting or sub-contracting
arrangements, the contractor/subcontractor shall be deemed the employer of
the contractual employee.

Ethnic Origin shall refer to the race, color, descent, national origin, and
ethno-linguistics origin of a person.

Ethno Linguistic Group shall refer to a group of people that shares a distinet
language, cultural inheritance and history that give them a unique identity

Goods and Services shall 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, but not limited to, that provided by restaurants,
resorts, hotels, clubs, stores and shopping malls or acts or services provided
by credit or financial establishments, public utilities, _ professionals,
maintenance and repair workers, laborers, etc,



(h.) Indigenous Peoples shall refer to a group of people or homogenous societies
indentified 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
uaits, or who have, through resistance to political, social and cultural inroads
of colonization, non-indigenous religions and culture, became historically
differentiated from the majority of Filipinos. ICCs/IPs shall likewise include
peoples who are regarded as indigenous on account of their descent from the
populations which inhabited the country, at the time of conquest or
colonization, or at the time of inroads of non-indigenous religions and
cultures, or the establishment of present state boundaries, who retain some or
all of their own social, economic, cultural and political institutions, but who
may have been displaced from their traditional domains or who may have
resettled outside their ancestral domains.

(i) Religious Belief or Faith shall refer to one’s personal conviction or belief in a
supernatural power or powers that control human destiny.

(j.) Vehicle shall refer to train, ship, bus, taxi, aircraft, and such other forms of
transport for public conveyance

SECTION 4, Acts of Discrimination, - It is unlawful for a person to do any act
involving a distinction, exclusion, restriction or preference based on race, color, descent
or national or ethnic origin, religion, or religious affiliation or beliefs which has the
purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on
an equal footing, of any human right or fundamental freedom in the political, economic,
social, cultural, civil or any other field of public life.

Where:

(a.) A person requires another person to comply with a term, condition or
requirement which is not reasonable having regard to the circumstances of
the c
(b.) The other person does not or cannot comply with the term, condition or
requirement; and
(c.) ‘The requirement to comply 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,
Without prejudice to its effectiveness in enforcing this section, Article 5 of the
“International Convention on the Elimination of all Forms of Racial
Discrimination” shall be observed and respected.



Acts of discrimination include, but not limited to:

a.) Discrimination in Political Participation. - Any person acting as principal or
agent shall be liable for discrimination through the commission of any of the
following acts:

1,) Preventing, impeding, prohibiting, obstructing or intervening in the exercise of
political rights by another, including, but not limited to, the right to vote and be
voted upon in a national or local election, both regular or special, or in a
plebiscite, both initiative or referendum;

2.) Imposing onerous terms before these political rights are granted, preserved or
protected; or

3,) Subjecting another person who wishes to exercise a political right to awny other
detriment,

on the basis of race, color, descent, national or ethnic origin, religion, or religious
affiliation or berliefs, of that person or any relative, representative or assignees of
that person,

b,) Discrimination in Employment. -

1.) Any employer or head of a firm, company or organization shall be liable (or
discrimination by;

(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 an employee, or subjecting an applicant for employment or an
employee to any other detriment;

On the basis of race, color, descent, national or ethnic origin, religion, or
religious affiliation or beliefs, of that person or any relative, representative
or assignees of that person,

2.) Any person acting as principal or agent in procuring employment for other
persons or procuring employees for an employer shall be liable for
discrimination by treating an applicant seeking employment less favorably than
another person in the same circumstances on the basis of race, color, descent,



national or ethnic origin, religion, or religious affiliation or beliefs, of that person
or any relative, representative or assignees of that person seeking employment.

3.) Any person acting as principal or agent of any organization of employers or
employees, or any person acting or purporting to act on behalf of such
organization, shall be liable for discrimination by preventing or seeking to
prevent another person from offering employment or from continuing another
person from offering employment or from continuing another person in
‘employment on the basis of race, color, descent, national or ethnic origin, religion
or religious affiliation or beliefs, of that person or any relative, representative or
assignees of that person.

¢.) Discrimination in Education. - Any person who heads or owns an educational
institution, including any officer, employee or person acting on behalf of the
head or owner of such institution shall be liable for discrimination by:

1.) Refusing or failing to accept an applicant for admission as a student;

2.) Denying or limiting access of a student to any benefit or privilege provided
by the institution;

3.) Expelling a student; or

4.) Subjecting the student to any other detriment

On the basis of race, color, descent, national or ethnic origin, religion, or
religious affiliation or beliefs, of that student or of any relative, associate,
representative, assignees of that person.

d.) Discrimination in the Delivery of Goods and Services. - Any persons acting as
principal or agent who supplies goods or services to the public or to any section
of the public shall be liable for discrimination by:

1.) Refusing or failing on demand to supply those goods or services to a person;

2.) Refusing or failing on demand to supply those goods or services to another
person except or less favorable terms or conditions than those upon whom they
would otherwise supply those goods or services; or

3.) Subjecting another person to any other detriment in connection with the
provision of goods or services

On the basis of race, color, descent, national or ethnic origin, religion or religious
affiliation or beliefs, of that person or of any relative, associate, representative or
assignees of that person.


‘imination in Land, Business and other Accommodation. ~

e.) Dis

1.) Any person acting as principal or agent providing accommodation shall be liable
for discrimination by:

() Refusing or failing to accept or process the application for any interest in
land, or residential or business accommodation;

(ii) Disposing of such an estate, land or interest, or such accommodation to

another person on less favorable terms or conditions than those which are

or would otherwise be offered;

Treating another person who is seeking to acquire or has acquired an

estate or interest or such accommodation less favorably than to others in

the same circumstances;

(iv) Refusing to permit another person to occupy any land or any residential
or business accommodation;

(v) Terminating any estate or interest in land of another person or the right of
another person to occupy any land or any residential or business
accommodation, or

(vi) Subjecting an applicant to any other detriment

On the basis of race, color, descent, national or ethnic origin, religion or religious
affiliation or beliefs, of that person or any relative, associate, representative or
assignees of that person.

2.) Any person acting as principal or agent shall also be liable for discrimination by
imposing or seeking to impose on another person any terms 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 on the basis of race, color,
descent, national or ethnic origin, religion, or religious affiliation or beliefs, of
that person or of any relative, associate, representative or assignees of that
person.

f,) Discrimination in Accessing Public Places, Facilities and Public Meetings. -
Any person acting as principal or agent shall be liable for discrimination by:

1,) refusing to allow another person access to or use of any place, vehicle or
facilities that the public or section thereof is entitled or allowed to enter or
use;

2.) refusing to allow another person access to or use of any such place, vehicle or
cilities by providing onerous terms or conditions not similar to others

whom they would otherwise allow access to or use of the place, vehicle or

facilities;



3.) refusing to allow another person access to a meeting or assembly open to the
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;

4.) requiring another person to leave or cease to use any such place, vehicle or
any such facilities; or

5.) subjecting a person desiring to access public places, facilities or public
meetings on the basis of race, color, descent, national or ethnic, origin,
religion, or religious affiliation or beliefs, of a person or of any relative,
associate, representative or assignees of that person.

g,) Discrimination in Advertisements/Mass Media, - It is unlawful for a person to
publish or display, or cause or permit to be published or displayed, an
advertisement or notice that indicates, or could reasonably be understood as
indicating, an intention to do an act that is unlawful by reason of provision of
this Act. Any person acting as principal or agent shall be liable for discrimination
by:

1) portraying certain persons in movies, films, and advertisements on television
and other audio-visual forms and other publicly accessible documents as
“uncivilized”, “barbaric”, “savages”, “dirty” “wild”, “ignorant”, “stupid”,
and the like, on the basis of race, color, descent, national or ethnic origin,
religion, or religious affiliation or beliefs; or

2.) publishing, displaying, or causing or permitting to be published or displayed
an advertisement or notice that indicates or could reasonably be understood
as indicating an intention to do an act that is unlawful on the basis of race,
color, descent, national or ethnic origin, religion, or religious affiliation or
beliefs.

h,) Discrimination by Wrongful Portrayal. - Any person acting as principal or
agent shall be liable for discrimination by portraying, imitating, depicting, or
describing in learning institutions, instructional materials, teaching devices,
books and reference materials, especially in Civics and History, certain
individuals and/or group/s as inferior religiously, racially or ethically.

i) Inciting Others to Commit Acts of Discrimination. - Any person acting as
principal or agent shall be liable for discrimination by:

1,) inciting the doing of an act that is unlawful by reason of a provision of this
Act; or


2) assisting or promoting, whether by financial assistance or otherwise, the
doing or perpetration of such an act.

j,) Discrimination through Speech, Utterances, Acts of Hatred and Similar Act

Any person shall be liable for discrimination by delivering speeches or making
utterances, doing acts of hatred or violence against another person, or mocking
or ridiculing another person on the basis of race, color, descent, national or ethnic
origin, religion, or religious affiliation or beliefs.

k,) Discrimination through Analogous Acts that Result in Impairment of the
Enjoyment of Human Rights and Fundamental Freedoms. -

Any person acting as principal or agent shall be liable for discrimination by
analogous acts which have effect or purpose of impairing or mollifying the
recognition, enjoyment or exercise of the person’s human rights and
fundamental freedoms in the political, economic, social, cultural, civil spheres or
any other field of public life on the basis of race, color, descent, national or ethnic
origin, religion, or religious affiliation or beliefs.

Section 5, Person Liable. - Any person, natural or juridical, including government or
private corporation, institution or company who commits discrimination through any
of the acts described in the preceding section shall be liable under this Act

Any person who requests, instructs, induces, encourages, authorizes or assists
another to commit acts of discrimination shall also 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.

All government officers and workers are obliged to promote non-discrimination
in the discharge of their duties and responsibilities.

Section 6. Vicarious Liability. If an employee or agent of a person does an act of
discrimination in the connection with his or her duties as an employee or agent, then for
the purposes of this section, the act is taken to be done because of the person’s race,
color, descent, national or ethnic origin, religion or religious affiliation or beliefs.

Unless established that the person took ail reasonable steps to prevent the
employee or agent from doing the discriminatory act, then that person shall be liable of
unlawful act under this provision.


Section 7. Duty of the Commission on Human Rights (CHR). - It shall be the duty of
the Commission on Human’s Rights (CHR), in coordination with the National
Commission on Indigenous Peoples and the National Commission on Muslim Filipino,
to prevent or deter the commission on acts of discrimination and to provide the
procedures for the resolution, settlement or prosecution of acts of discrimination.
‘Towards this end, the CHR shall:

a) Ensure the creation of committees on non-discrimination and equal opportunity
in all agencies, corporations, companies and educational institutions, whether
private or public

b) Oversee the implementation of this Act by agencies, corporations, companies
and educational institutions, whether private or public;

©) 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 on the basis of racial or ethnic origin and religious belief or
affiliation.

d) Coordinate with the department of education (DepED) 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

e) Conduct consultations with indigenous peoples and religious organizations; and

f) Assist in the filing of cases against individuals, agencies, institutions, or
establishments, whether private or public, 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 Bar 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 pro bono cases under the Act; and

d.) Create an efficient system of case referrals to appropriate government
department or agencies

Section 8. 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 for all persons in relating,
to actual or prospective employees, students, tenants, customers, or clients and that no
discriminatory acts, as defined herein, is committed by them or their agents in the areas
defined under Section 4 of this Act.



For this purpose , agencies, corporations, companies and educational institutions as
well as any person providing employment, housing, education and the delivery of basic
goods and service shall create a Non-Discrimination and Equal Opportunity Committee
in their respective organizations, as provided for in Section 8 hereof. Failure to do so
shall be deemed as refusal to address discrimination and shall be considered as an act of
discrimination subject to the penalty provided for in Section 10 hereot,

Section 9. Non-discrimination and Equal Opportunity Committees, - In order to
ensure compliance with this Act, all agencies, corporations, companies and educational
institutions, whether private or public, shall create a Non-Discrimination and Equal
Opportunity Committee (Non-DEO Committee), which shall exercise administrative
jurisdiction to investigate acts and practices of discrimination under this Act.

The Committee shall, among others, conduct the initial investigation of cases
constituting discrimination on the basis of race, ethnic background, religion, religious
beliefs. The result and findings of such investigation shall be submitted to the
complaint to the Non-DEO Committee. The said findings shall be acted upon by the
CHR which shall have sole jurisdiction over administrative cases of discrimination
under this Act.

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, religion, religious affiliation, religious beliefs, or to
any civil claim for damages suffered by the victim of discrimination.

Section 10. Common Penal Provisions. - Any person liable under this Act shall be
penalized by arresto mayor or imprisonment for a period of not less than thirty (30)
days) or not more than six (6) months and/or a fine of not less than Ten Thousand
Pesos (Php10,000,00), nor more than One Hundred Thousand Pesos (Php 100,000.00),
taking into consideration the circumstances and gravity of the offense and the following
conditions, to wit:

a.) The penalty provided under this Act shall be imposed in its maximum period if
the offender has been previously convicted under this Act;

b,) When the offender is a corporation, partnership or association, the officer, agent
or employee thereof who is responsible for the violation of this Act shall suffer
the penalty imposed in its maximum period;

c.) The penalty provided herein shall be imposed in its maximum period when the
perpetrator is an ascendant, 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 revoke

d.) The offender who is a foreigner shall be deported immediately after service of
sentence shall be perpetually barred entry into the country;

10


e) The penalty provided for in this Act shall be imposed in its maximum period if
the offender is a public official, officer or employee: Provided, that the penalty of
suspension shall also be imposed; and

f£,) A fine to be determined by the court shall be imposed , which shall be remitted
by the courts to the CHR to be administered as cash fund and disbursed for the
assistance to the victims.

Section 11, Administrative Proceedings and Sanctions. - Upon finding by the CHR
that a department, agency, or instrumentality of government, government-owned and
controlled corporation, of local government unit has violated any provision of this Act
and its implementing rules and regulations, the sanctions under administrative law,
civil service, or other appropriate laws shall be recommended to the Civil Service
Commission and/ or the Department of Interior and Local Government. 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.

Section 12, Reparation to Victims. ~ In addition to existing laws and procedural rules
or reparation to victims, the following measures shall be undertaken:

a.) The court, administrative agency, or quasi-judicial body shall follow the
principles relating to the reparations to, or in respect of, victims, including,
restitution, compensation and rehabilitation, In their decisions, the court,
administrative agency, or quasi-judicial body may, either upon request or on
their own volition, in exceptional circumstances, determine the scope and extent
of any damage, loss or injury to the victims, stating therein the principles on
which they are acting;

b) The court, administrative agency, or quasi-judicial body may make an order
directly against a convicted person, specifying appropriate reparation to, or in
respect of victims, including restitution, compensation and rehabilitation, and

©) Before making an order under this section, the court, administrative agency, or
quasi-judicial body shall invite and shall take into account representations from,
or on behalf of, the convicted person, victims or other interested persons.

Nothing in this section shall be interpreted as prejudicing the rights of victims under
national or international law

Section 13. Appropriations. - The Chairperson of the CHR shall include in the CHR’s
program the implementation of this Act, the initial finding of which shall be charged
against the current appropriation of the CHR. Thereafter, the amount necessary for the
continued implementation of this Act, shall be included in the General Appropriations
‘Act (GAA).

Section 14. Implementing Rules and Regulations (IRR). - Within ninety (90) days
from the approval of this Act, the CHR, in consultation with the NCIP, NCME, and

co


.) Before making an order under this section, the court, administrative agency, or
quasi-judicial body shalll invite and shall take into account representations from,
or on behalf of, the convicted person, victims or other interested persons.

Nothing in this section shall be interpreted as prejudicing the rights of victims under
national or international law.

Section 13. Appropriations. - ‘The Chairperson of the CHR shall include in the CHR’s
program the implementation of this Act, the initial finding of which shall be charged
against the current appropriation of the CHR. Thereafter, the amount necessary for the
continued implementation of this Act, shall be included in the General Appropriations
‘Act (GAA).

Section 14. Implementing Rules and Regulations (IRR). - Within ninety (90) days
from the approval of this Act, the CHR, in consultation with the NCIP, NCMF, and
other stakeholders as determined by the CHR, both private and public, shall
promulgate the rules and regulations implementing the provisions of this Act.

Section 15. Repealing Clause.- Any provision of law or regulations inconsistent
herewith is hereby repealed, revoked or modified accordingly.

Section 16, Separability Clause. - If any portion of this Act is declared as
unconstitutional or invalid, the remaining portions not affected thereby shall continue
to have force and effect.

Section 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved.