1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. 714 
Introduced by REP. JAVIER MIGUEL “JAVI” L. BENITEZ 
EXPLANATORY NOTE 
The Philippines is a country of great diversity. With over 109 million 
population1 spread in more than 7,600 islands2 and at least 180 ethnolinguistic 
groups3, the Philippines is a kaleidoscope of colors, cultures, creeds and 
convictions.  
The framers of the 1987 Constitution recognized this, and promoted unity in 
diversity in forging a national identity.4 Fundamentally, social harmony and 
cohesion must be grounded in the principle of equality – and equality is 
premised on the recognition of human dignity, the intrinsic value of every 
person. 
Accordingly, Sec. 11, Art. II of the Constitution provides that “The State values 
the dignity of every human person and guarantees full respect for human 
rights.” Supplementarily, Sec. 1, Art. XIII of the Constitution mandates 
Congress to “give highest priority to the enactment of measures to protect and 
enhance the right of all the people to human dignity.” 
Congress, in passing numerous laws that articulate this view and protect the 
rights of minority and marginalized sectors of Philippine society, has been 
performing this constitutional duty faithfully. 
1 2020 Census of Population and Housing, Philippine Statistics Authority 
2 National Mapping and Resource Information Authority 
3 Philippine Statistics Authority 
4 Sec. 14., Art. XIV mandates the State to “foster the preservation, enrichment, and dynamic 
evolution of a Filipino national culture based on the principle of unity in diversity in a climate of 
free artistic and intellectual expression.” [Emphasis added]  
July 1, 2025
8:04 am


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However, despite the legal guarantees, discrimination and violence against the 
different “Other” remains prevalent. Congress also has yet to pass a 
comprehensive anti-discrimination legislation. As a matter of fact, in 2016, the 
United Nations Committee on Economic, Social and Cultural Rights, in its 
Concluding Observations on the Philippines’ compliance to the International 
Covenant on Economic, Social and Cultural Rights, laments the delay in 
adopting a comprehensive anti-discrimination law and urges that the 
Philippines “to expedite the adoption of a comprehensive anti-discrimination 
law prohibiting all direct, indirect and multiple forms of discrimination on any 
grounds and providing for effective remedies for victims of discrimination, 
including within judicial and administrative proceedings.” 
In our bid to keep our seat at the United Nations Human Rights Council in 
2015, we took pride in our country’s “influential role in the elaboration of the 
Universal Declaration of Human Rights” and our being a State party to eight 
core international human rights instruments and six optional protocols.5 “The 
Philippines made a lasting contribution to the drafting of the Universal 
Declaration of Human Rights, particularly on articles on the equal dignity and 
freedom of all human beings and on non-discrimination,”6 our Permanent 
Mission to the United Nations said.  
Art. 2 of the Universal Declaration of Human rights holds that “Everyone is 
entitled to all the rights and freedoms set forth in this Declaration, without 
distinction of any kind, such as race, colour, sex, language, religion, political or 
other opinion, national or social origin, property, birth or other status.” 
May we be true to our word – fulfill our obligation under the Constitution and 
our commitments to international human rights law, and pass a law that will 
promote and protect the rights of all persons without distinction or 
discrimination.  
In view of the foregoing, the approval of this bill is earnestly sought. 
JAVIER MIGUEL L. BENITEZ 
5 Note verbale dated 9 October 2015 from the Permanent Mission of the Philippines to the 
United Nations addressed to the President of the General Assembly
6 Ibid. 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. 714 
Introduced by REP. JAVIER MIGUEL “JAVI” L. BENITEZ 
AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF ETHNICITY, 
RACE, COLOR, SEX, GENDER, SEXUAL ORIENTATION, GENDER 
IDENTITY, 
GENDER 
EXPRESSION, 
SEX 
CHARACTERISTICS, 
LANGUAGE, RELIGIOUS BELIEF OR EXPRESSION, POLITICAL OR 
OTHER OPINION, NATIONAL OR SOCIAL ORIGIN, PROPERTY, 
BIRTH 
AND 
OTHER 
STATUS, 
AND 
OTHER 
PROTECTED 
ATTRIBUTES, 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. " 
SEC. 2. Declaration of Policy. – The State recognizes the fundamental 
right of every person, regardless of ethnicity, race, color, sex, gender, sexual 
orientation, gender identity, gender expression, sex characteristics,  language, 
religious belief or expression,  political or other opinion, national or social 
origin, property, birth and other status, and other protected attribut es, 
including disability, age, nationality, marital and family status,  health status, 
place of residence, economic and social situation, maternity and pregnancy, to 
be free from any form of discrimination. It shall therefore intensify its efforts to 
fulfill its duties under international and domestic laws to respect, protect and 
fulfill the rights and dignity of every individual.  
It is the policy of the State to work actively for the elimination of all 
forms of discrimination that offend the equal protection clause of the bill of 


 
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rights and the state obligations under human rights instruments acceded to by 
the Republic of the Philippines.  
 
Towards this end, the State shall exert efforts to address all forms of 
discrimination and violence and to promote human dignity as enshrined in the 
United Nations Universal Declaration on Human Rights, the Convention on 
the Elimination of All Forms of Discrimination Against Women, including the 
General Recommendation No. 28 on Non-Discrimination Based on Sexual 
Orientation and Gender Identity, Convention on the Rights of the Child, 
International Covenant on Civil and Political Rights, International Covenant 
on Economic, Social and Cultural Rights, International Convention on the 
Elimination of All Forms of Racial Discrimination, Convention on the Rights of 
Persons with Disabilities, International Convention on the Protection of All 
Migrant Workers and Members of their Families, and the relevant General 
Comments or Recommendations by the concerned UN Treaty Bodies, and all 
other relevant and universally accepted human rights principles, instruments 
and other international conventions to which the Philippines is a signatory of. 
In adherence thereto, discriminatory practices as defined under this Act shall 
be proscribed and penalized.  
 
SEC. 3. Definition of Terms. – For purposes of this Act:  
 
a. 
Accommodation refers to any house, apartment, condominium, 
townhouse, flat, hotel, villa, motel, boarding house, hostel, dormitory, elderly 
home, detention center, rehabilitation facility, orphanage, health facility, 
including mental health facility, birthing home and hospital clinic, detention 
center, camping ground and other analogous places, whether public or 
private; 
 
b. 
Disability refers to long-term physical, mental, intellectual or 
sensory impairments which in interaction with various barriers may hinder a 
person’s full and effective              participation in society on an equal basis with 
others; 
 
c.       Discrimination refers to any distinction, exclusion, restriction or 
preference or other differential treatment that is directly or indirectly based on 
the protected attributes, such as ethnicity, race, color, sex, gender, sexual 
orientation, gender identity, gender expression, language, religious belief or 
expression, political or other opinion, national or social origin, property, birth 
and other status, and other protected attributes, including disability, age, 
nationality, marital and family status, health status, place of residence, 
economic and social situation, maternity and pregnancy, which have the 
intention or effect of nullifying or impairing the recognition, enjoyment or 
exercise, on an equal footing, of political, civil, economic, social, or cultural 
rights. It also includes association with a person who has, or is believed to have 


 
5 
any of these attributes. Discrimination, which also includes incitement to 
discriminate and harassment, is a result of stigma. The actual status of the 
person subjected to discrimination shall not be relevant for the purpose of 
determining whether an act of discrimination has been committed; 
 
d.      Direct discrimination refers to a situation when an individual is 
treated less favorably than another person in a similar situation for a reason 
related to a prohibited ground. Direct discrimination also includes detrimental 
acts or omissions on the basis of prohibited grounds where there is no 
comparable similar situation; 
 
e.        Indirect discrimination refers to laws, policies or practices which 
appear neutral at face value, but have a disproportionate impact on the 
exercise of civil, political, economic, social, and cultural rights as distinguished 
by prohibited grounds of discrimination; 
 
 f.      Education and Training refer to all types and levels of education, 
and includes accessibility, standard and quality 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;  
 
g.    Employment refers to the existence of an employer-employee 
relationship, as determined by existing law and jurisprudence, as well as 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; 
h.     Ethnic Origin refers to the classification of people based on common 
color, descent, racial, national, tribal, religious, ethno-linguistic or cultural 
origin or background; 
 
i.        Gender refers to a set of socially ascribed characteristics, norms, 
roles, attributes, values and expectations identifying the social behavior of men 
and women and the relations between them;  
 
j.      Gender Expression refers to the way a person communicates gender 
identity to others through behavior, clothing, hairstyle, communication or 
speech pattern, or body characteristics;  
 
k.      Gender Identity refers to a person’s innermost concept of self as 
man, woman, or another nonbinary identity, which may or may not 
correspond with their sex or gender assigned at birth, and may be 
characterized, among others, by manner of clothing, inclinations, and behavior 
in relation to masculine or feminine conventions. A person may have a male 
or female identity with the physiological characteristics of the opposite sex;  


 
6 
 
l.     Goods and Services refer to the material and nonmaterial 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 financial establishments, public utilities, professionals, maintenance and 
repair workers, laborers, among others; 
 
m.     Health Status refers to a person's physical or mental health; 
 
n.     HIV Status refers to the presence or absence of the human 
immunodeficiency virus (HIV) in the body of an individual; 
 
o.     Indigenous Cultural Communities/Indigenous Peoples refer to a group 
of people or homogenous societies identified by self-ascription and ascription 
by others, who have continuously lived as an organized community on 
communally bounded and defined territory, and who have, under claims of 
ownership since time immemorial, occupied, possessed and utilized such 
territories, sharing common bonds of language, customs, 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. Indigenous 
Cultural Communities/Indigenous Peoples (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;  
 
p.   Intersex refers to people who are born with physical or biological sex 
characteristics, such as sexual anatomy, reproductive organs, hormonal 
patterns and/or chromosomal patterns, that do not ﬁt the typical deﬁnitions 
for male or female bodies. For some intersex people, these traits are apparent 
at birth, while for others they emerge later in life, often at puberty; 
q.       Language refers to spoken and signed languages and other forms 
of non-spoken languages; 
 
r.      Marginalization refers to a condition where a whole category of 
people is excluded from useful and meaningful participation in political, 
economic, social, and cultural life;  
s.     Marital or Relationship Status refers to the personal status of each 
individual in relation to the marriage laws or customs of the country. The 
categories of marital status include any of the following: single, married, 


 
7 
separated, widowed, or 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; 
 
t.      Older persons refer to persons who are at least sixty (60) years of age 
and also referred to as senior citizens; 
 
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 attributes enumerated in Section 4 of this Act. These grounds include 
but are not limited to the following: pregnancy or maternity/paternity status, 
family responsibilities, health status or medical condition, and criminal record; 
 
v.    Persons with Disabilities refer to those persons who have long-term 
physical, mental, intellectual or sensory impairments which in interaction with 
various barriers may hinder their full and effective participation in society on 
an equal basis with others;  
 
w.  Physical Features refer to a person's height, size, weight or other 
bodily characteristics and any feature that a person chooses to acquire, such as 
tattoos and piercings; 
 
x.    Political Inclination refers to a person's preference as regards 
membership or belief in a particular political party, organization or ideology.  
It covers both the holding and not holding of opinions, as well as expression 
of views or membership within opinion-based associations, trade unions or 
political parties; 
 
y.      Profiling refers to reliance on prohibited grounds of discrimination 
in subjecting a person or group of persons, including any type of societal 
relations to investigatory activities, which include but is not limited to (1) 
unnecessary, unjustified, illegal and degrading searches, inquiries, custodial 
investigations and arrests to determine whether an individual is engaged in an 
activity presumed to be unlawful, immoral or socially unacceptable; or (2) 
recording and analyzing a person’s psychological and behavioral 
characteristics to make generalizations about a person’s protected attributes or 
to assist in identifying a particular sub-group of people’s protected attributes; 
 
z.      Public Ridicule refers to an act of contemptuous imitation or 
mockery of a person which leads to marginalization whether in writing, words 
or action;  
 


 
8 
aa.    Reasonable Accommodation refers to necessary and appropriate 
modifications and adjustments not imposing a disproportionate or undue 
burden, where needed in a particular case, to ensure the enjoyment or exercise 
on an equal basis with others of all human rights and fundamental freedoms 
to persons with disabilities; 
 
bb.    Religious Affiliation or Belief refers to the profession or non-
profession of religion or beliefs of one's choice that may be publicly manifested 
in worship, practice and teaching;  
 
cc.   Religious Belief or Expression refers to any form of expression which 
is manifested, publicly or privately, through overt acts or omissions, like 
worship, observance, practice, teaching, writing, and other similar conduct 
which is consciously or unconsciously done because of a person’s religion or 
belief based on one’s choice;  it also refers to teachings and preaching of 
religious leaders on the basis of their faith, whether it conforms to or opposes 
one’s view or belief, which are made in the confines of their religious service, 
ceremony or gathering and are in accordance with the most deeply held 
fundamental religious convictions of the religion to which they belong, and 
that they ascribe to such belief with demonstrable sincerity;  
 
dd.    Sex refers to the biological differences between men and women 
that are universal and usually determined at birth; 
 
ee.      Sex characteristics refer to a person’s physical traits that indicate 
their biological sex, such as chromosomes, external genitalia, gonads, 
hormones, and internal reproductive organs. Traits present at birth are called 
primary sex characteristics; and those that develop during puberty are called 
secondary sex characteristics; 
 
ff.      Sexual Orientation refers to the direction of emotional sexual 
attraction or conduct towards people of the same sex (homosexual 
orientation), towards people of both sexes (bisexual orientation), towards 
people of the opposite sex (heterosexual orientation) or to the absence of sexual 
orientation (asexual orientation); 
 
gg.         Social Origin refers to a person’s inherited social status;  
 
hh.        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; 
 
ii.          Universal design refers to the design of products, environments, 
programs and services to be usable by all people, to the greatest extent 
possible, without the need for adaptation or specialized design. It shall not 


 
9 
exclude assistive devices for particular groups of persons with disabilities 
where these are needed; and 
 
jj.         Vulnerable communities refer to communities or sectors that 
encounter stigma and discrimination based on the grounds enumerated under 
Section 4 of this Act. 
 
SEC. 4. Prohibited Grounds for Discrimination. - For the purposes of 
this Act, discrimination that is directly or indirectly based on the actual or 
perceived ethnicity, race, color, sex, gender, sexual orientation, gender 
identity, gender expression, sex characteristics,  language, religious expression 
or belief, political or other opinion, national or social origin, property, birth 
and other status, and other protected attributes, including disability, age, 
nationality, marital and family status, health status, place of residence, 
economic and social situation, maternity and pregnancy, is prohibited. For 
purposes of this Act, these personal characteristics shall be collectively termed 
as Protected Attributes.  
 
The protected attributes that may be subjected to differentiation or any 
form of discrimination shall be interpreted in their most common or universal 
definitions and with due regard to the promotion of meaningful 
implementation of non-discrimination policy. 
 
In determining whether a person is distinguished by one or more of the 
protected attributes, identification shall, if no justification exists to the 
contrary, be based upon self-identification by the individual concerned. 
Membership also includes association with a group characterized by one of 
the prohibited grounds or perception by others that an individual is part of 
such a group.  
 
SEC. 5. Act of Discrimination. — Discrimination is committed when a 
person treats another less favorably on the basis of actual or perceived 
ethnicity, race, color, sex, gender, sexual orientation, gender identity, gender 
expression, sex characteristics, language, religious belief or expression, 
political or other opinion, national or social origin, property, birth and other 
status, and other protected attributes, including disability, age, nationality, 
marital and family status, health status, place of residence, economic and 
social situation, maternity and pregnancy, than the person treats or would 
treat another without that attribute, or with a different attribute, on the same 
or similar circumstances in the political, economic, social, cultural, civil, or 
other field of public life, directly or indirectly, to include, but not limited to: 
  
a. 
Denial of Right to Political Participation. — Any person acting 
as principal or agent shall be liable for the commission of any of the 
following acts: 


 
10
 
1. 
Preventing, impeding, prohibiting, obstructing or intervening in 
the exercise of political rights by another including, but not limited 
to, the right to vote in a national or local election, both regular or 
special, or in a plebiscite, both initiative or referendum; 
 
2. 
Imposing terms and conditions before these political rights are 
granted, preserved or protected; or 
 
3. 
Subjecting another person who wishes to exercise a political 
right to any act of discrimination. 
 
b. 
Denial of Right to Organization. - 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 of this Act. 
 
Discrimination is also committed when additional requirements 
beyond the customary are imposed directly or indirectly due to the 
grounds stipulated in Section 4 of this Act. 
 
c. 
Denial of Right to Employment.  
1. 
Any employer or head of a firm, company or organization shall 
be liable for the commission of any of the following acts: 
 
(a) 
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 terms and conditions that violate 
the protected attributes under this Act; 
 
(b) 
Failing to make reasonable efforts to make facilities 
accessible to persons with disabilities;  
 
(c) 
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 
discriminatory terms and conditions;  
 


 
11
(d) 
Dismissing, demoting or suspending an employee or 
subjecting an applicant for employment or an employee to any 
act of discrimination based on the protected attributes; or 
 
(e) 
Retaliating 
against 
a 
person 
who 
reports 
the 
discrimination, 
who 
provides 
information 
during 
an 
investigation, or who is a witness to, or has reliable information 
about discrimination.  
 
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 who is likewise seeking employment;  
 
3. 
Any person acting as principal or agent of an 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 or 
from allowing another person to continue his or her employment; 
 
4. 
Deny employment in government institutions, based directly or 
indirectly on the grounds referred to in Section 4; Provided, That, in 
police, military or uniformed personnel in government service, all 
applicants shall submit and comply with the requirements mandated 
by law; 
 
5. 
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 
 
6. 
Deny an application for or revoke a professional license used for 
employment issued by the government directly or indirectly due to 
the grounds included in Section 4 of this Act. 
 
d. 
Denial of Right to Education and Training. - It is 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 and non- academic training 
requirements of their students or trainees, subject to fair, reasonable 
and equitable admission and academic requirements;  
 


 
12
2. 
Grant or refuse to grant honors, scholarship/s or other forms of 
assistance on the basis of the grounds defined in Section 4;  
 
3. 
Impose disciplinary sanction, penalties harsher than customary, 
or similar punishment, requirements, restrictions, or prohibitions 
that infringe on the rights of the students or trainees on the basis of 
the grounds identified in Section 4; Provided, That sectarian 
educational and training institutions, or institutions of higher 
learning, may reserve their right to determine and implement 
policies, rules and regulations consistent with the vision, mission and 
objectives of such institutions; Provided further, That such policies, 
rules and regulations are consistent with the provisions of this Act. 
Non-sectarian private educational institutions, as such, shall not 
impose policies considered discriminatory against any protected 
attributes under Sec. 4 of this Act. Public educational institutions are 
likewise 
prohibited 
from 
imposing 
policies 
considered 
discriminatory against any of the protected attributes provided in 
Sec. 4 of this Act;  
 
4. 
This prohibition extends to acts committed against a student or 
trainee to discriminate his or her parents or legal guardians based on 
grounds referred to in Section 4 hereof; 
 
5. 
Failing to make reasonable efforts to make facilities accessible to 
persons with disabilities; 
 
6. 
Subjecting the student to any act of discrimination and 
intolerance related to education and training; and 
 
7. Retaliating against a person who reports the discrimination, who 
provides information during an investigation, or who is a witness to, 
or has reliable information about discrimination.  
 
e. 
Denial on the Right to Access of Goods and Services. — Any 
person acting as principal or agent who supplies goods or services to the 
public or to any section of the public shall be liable for the commission 
of any of the following acts: 
 
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 on less favorable terms or conditions than those 
upon whom they would otherwise supply those goods or services; 


 
13
Provided, That the act of giving inferior goods or services shall be 
deemed a denial of access or use of such goods or services; or 
 
3. 
Subjecting another person to any other detriment in connection 
with the provision of goods or services. 
 
 
f. 
Denial of the Right to Reasonable Accommodation. – 
 
1. 
Any 
person 
acting 
as 
principal 
or 
agent 
providing 
accommodation shall be liable for the commission of any of the 
following acts: 
 
(a) 
Failing to make reasonable efforts to make facilities 
accessible to persons with disabilities;  
 
(b) 
Refusing or failing to accept or process the application for 
any land or interest thereof, housing and other accommodations; 
 
(c) 
Disposing of such land or interest, housing and other 
accommodation to another person on less favorable terms and 
conditions than those which would otherwise be offered; 
 
(d) 
Treating another person who is seeking to acquire or has 
acquired an estate, land or interest thereof, housing and other 
accommodation less favorably than to others in the same 
circumstances; 
 
(e) 
Refusing to permit another person to occupy any estate, 
land, housing and other accommodation; Provided, That 
operators of boarding houses, hostel, dormitories or any other 
accommodations, public or private, intended for students and 
trainees, shall not be held liable for discrimination for imposing 
rules and regulations which aim to maintain order and 
discipline, and which may include policies on segregation 
among the occupants of such facilities; 
 
(f) 
Terminating any estate, land or interest thereof of another 
person or the right of another person to occupy any estate, land 
or housing and other accommodation; or 
 
(g) 
Subjecting an applicant to any other act of discrimination 
in the acquisition, possession, utilization, lease or disposal of 
estate, 
land 
or 
interest 
thereof, 
housing 
and 
other 
accommodation; and 


 
14
 
(h) 
Denying accommodations against refugees, evacuees and 
internally displaced persons by reason of natural calamities or 
armed conflict.  
 
2. 
Any person acting as principal or agent shall also be liable for 
discrimination by imposing or seeking to impose on another person 
any term or condition that limits the person or class of persons who 
may be the clients, visitors or guests of any estate, land, housing and 
other accommodation.  
 
3. 
The abovementioned acts or omissions under this provision 
shall also be discriminatory when they are committed against 
juridical persons on the basis of the actual or perceived protected 
attributes of their members, officers, board of directors or trustees, or 
their target constituencies.  
g. 
Denial of the Right to Access Places, Facilities and Modes of 
Transportation for Public Use and to Attend Meetings Open to the 
Public. - Any person acting as principal or agent shall be liable for the 
commission of any of the following acts: 
 
1. 
Refusing to allow another person access to or use of any such 
place, facilities, or any mode of transportation that the public or a 
section thereof is entitled or allowed to enter or use; 
 
2. 
Refusing to allow another person access to or use of any such 
place, facilities or any mode of transportation by providing terms 
and conditions not similar to others whom they would otherwise 
allow access to or use of the place, transportation 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 person access to a meeting or assembly by providing 
terms and 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, 
facility or any mode of transportation; 
 
5. 
Failing to make reasonable efforts to make facilities accessible to 
persons with disabilities; and 
 
6. 
Subjecting a person to a denial of access to public places, public 
facilities, public transport or public meetings. 
 


 
15
h. 
Denial of Right to Publication of Advertisements or Access to 
Mass Media. - Any person acting as principal or agent, including 
employees, officers, board of directors or trustees, shall be liable for 
discrimination through publishing, displaying, or causing or permitting 
to be published or displayed an advertisement or notice, including or 
excluding persons from access to social media, that indicates or could 
reasonably be understood as indicating an intention to do an act that is 
unlawful by reason of any provision of this Act.  
 
i. 
Denial of Right Against Wrongful Portrayal. - Any person acting 
as principal or agent shall be liable for discrimination by portraying, 
intimating, depicting or describing certain individuals and/or group/s 
as inferior, in learning institutions, instructional materials, teaching 
devices, books and reference materials, especially in Civics and History, 
and in mass media including social media, or encouraging the 
commission of any of the acts of discrimination against any person and 
or group as provided in this Act; Provided, That in the determination of 
wrongful portrayal, the work, taken as a whole, lacks serious literary, 
artistic, political or scientific value.  
 
j. 
Denial of the Freedom of Speech, Utterances, Acts of Hatred and 
Similar Acts. -Any person shall be liable for discrimination exercised 
through delivering speeches or making utterances, doing acts of hatred 
or violence against another person, or mocking or ridiculing another 
person. 
 
k. 
Denial of the Right to Health and Well-being. - Any person shall 
be liable for discrimination exercised through subjecting any person, 
without full, free, informed and prior consent, to any unnecessary 
medical or physical examinations, psychological treatments, faith-based 
practices, and other similar procedures that aim to change identity or 
physical attributes or impose behavior or expressions. This shall include 
denying a person access to public or private medical and other health 
services open to the general public, as well as access to public and 
private health insurance, including Health Maintenance Organization 
(HMO)-provided medical plans, on the basis of the grounds referred to 
in this Act;  
 
l. 
Denial of Right Against Profiling. - It shall be illegal for any 
person, including members of the police, military and uniformed 
personnel in government service, to engage in profiling based solely or 
partly on the grounds included in Section 4 of this Act; Provided, That 
law enforcement officers are allowed to conduct criminal profiling based 
on the actual commission of illegal acts, and not on stereotypical 
assumptions attached to any protected attribute; Provided further, That 


 
16
the purposes of profiling include investigation, insurance, and other 
forms of profiling which have the intention or effect of nullifying or 
impairing the recognition, enjoyment or exercise on an equal footing of 
political, civil, economic, social or cultural rights. 
 
m. 
Denial of Protection Against Inflicting Stigma. - It shall be 
unlawful for any person to commit any act that promote, encourage, 
inflict or perpetuate stigma based on the grounds referred to in Section 
4 hereof. Content in all forms of media, including social media, in 
educational textbooks, or in any other medium that aims to promote, 
encourage, inflict or perpetuate stigma through advertising, producing, 
or publishing, among others, is likewise prohibited. 
 
n. 
Denial of Right Against Illegal Detention and Confinement. - It 
shall be unlawful to detain and confine a person or group of persons 
based directly or indirectly on the grounds under Section 4 hereof. 
 
o. 
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 the effect or purpose of 
impairing or nullifying the recognition, enjoyment or exercise of the 
person's human rights and fundamental freedoms, pursuant to existing 
laws, are prohibited.   
 
SEC. 6.      Inciting Others to Commit Acts of Discrimination. -  Any 
person acting as principal or agent shall be liable for discrimination by inciting 
others to commit discrimination or any action that is unlawful by reason of a 
provision of this Act, or by assisting or promoting, whether through financial 
assistance or otherwise, the doing of such act. 
 
SEC. 7.    Protection Against Abuses by State and Non-State Actors. - 
It shall be unlawful for any government agency, including local government 
units, police, military and immigration, 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 hereof.   This prohibition 
applies to similar abuses committed by non-state actors.  
SEC. 8.      Exceptions.  -  Any act or conduct, otherwise prohibited 
under Section 5 of this Act, shall not be unlawful and shall not be considered 
as discrimination: 
 
(a) 
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 


 
17
is 
based 
on 
reasonable 
factors 
(Genuine 
Occupational 
Qualifications); 
 
(b) 
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); 
 
 (c) Where the deeply held fundamental religious doctrines, 
dogma or beliefs of a person or of a body established exclusively 
for religious purposes require or compel such person or body to 
perform acts or practices necessary to avoid injury to the religious 
sensitivities of adherents of that religion; Provided, That such acts 
or practices do not result to disruption of public service or 
promote discrimination against protected sectors under this Act;  
 
(d) 
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); and 
 
(e) 
Where sectarian educational and training institutions, or 
institutions of higher learning invoke their right to academic 
freedom to determine and implement school policies, rules and 
regulations, these should not be contrary to law, public order, 
public policy and the Constitution. 
 
There is valid classification when the acts enumerated under this 
Section do not contravene the right to due process and the equal protection of 
the laws guaranteed under the Constitution.  
 
SEC. 9.     Persons Liable. - Any person, natural or juridical, including 
government or private corporation, institution or company who commits 
discrimination through any of the acts described in Sections 5, 6 and 7 hereof 
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 of discrimination 
under this Act but fails, refuses or causes undue delay shall be deemed prima 
facie to have sanctioned the discriminatory act, and shall consequently be held 
equally liable for discrimination.  
 


 
18
SEC. 10.       Creation of 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, as well as any person providing employment, housing, education and 
the delivery of basic goods and services shall create a Non-Discrimination and 
Equal Opportunity Committee, hereinafter referred to as Non-Discrimination 
Committee, which shall exercise administrative jurisdiction to investigate acts 
and practices of discrimination under this Act. 
 
The Non-Discrimination Committee shall, among others, conduct the 
initial investigation of cases constituting discrimination on the basis of actual 
or perceived ethnicity, race, color, sex, gender, ethnicity, sexual orientation, 
gender identity, gender expression, sex characteristics, language, religious 
belief or expression, political or other opinion, national or social origin, 
property, birth and other status, and other protected attributes, including 
disability, age, nationality, marital and family status, health status, place of 
residence, economic and social situation, maternity and pregnancy. The result 
and findings of such investigation shall be referred to the appropriate 
disciplinary body of the agency, corporation, company and educational 
institution, whether public or private, for resolution, settlement or 
prosecution, and imposition of appropriate sanctions. 
 
However, cases or complaints of acts of discrimination as defined in 
this Act may be filed directly with the Commission on Human Rights (CHR) 
or with the appropriate government agency for investigation and resolution, 
in the exercise of its quasi-judicial powers. For cases or complaints of acts of 
discrimination committed against ICCs/IPs, the CHR or the NCIP, as the case 
may be, may investigate motu propio or on complaint by any person, acts or 
omissions in violation of this Act.   
 
In instances where any complaint of discrimination against ICCs/IPs 
are first filed with another entity, the same complaint may be referred to the 
NCIP for conduct of appropriate investigation. Based on its findings, the NCIP 
shall initiate the filing of appropriate legal or administrative action to the 
appropriate officer or tribunal and may prosecute the case for and in behalf of 
the ICCs/IPs subject to existing rules and guidelines in the prosecution of 
criminal cases.  
 
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 in violation of the protected attributes or to any civil 
claim for damages suffered by the victim of discrimination.  
 
Failure of any juridical entity, whether public or private, to ensure 
effective implementation of this provision by failure to establish a Non-


 
19
Discrimination Committee or failure to act on a complaint within ten (10) days 
from receipt thereof and to resolve the same with promptness and sensitivity 
shall be deemed refusal to address discrimination and shall be considered as 
an act of discrimination subject to the penalty provided for in Section 15 
hereof. 
 
SEC. 11.      Duty of the Commission on Human Rights (CHR). — It shall 
be the duty of the Commission on Human Rights (CHR) to prevent or deter 
the commission of acts of discrimination and to assist, review and recommend 
procedures for the resolution, settlement or prosecution of acts of 
discrimination. Towards this end, the CHR shall create a Non-Discrimination 
and Equal Opportunity Office (NDO) and its appropriate divisions at the CHR 
Central Office and NDO units in every CHR Regional Office. The NDO and its 
Regional units shall assist the Commission to: 
 
a.  call or convene any or all of the Non-Discrimination 
Committees, from both public and private institutions, to ensure 
policies and programs are established pursuant to the provisions of 
this Act; 
 
b. establish guidelines and mechanisms that will facilitate access of 
discriminated persons to legal remedies under this Act and related 
laws, and enhance the protection and promotion of the rights of the 
Filipino people against discrimination; 
 
c.  coordinate with the Department of Education (DepEd) and the 
Commission on Higher Education (CHED) for the promotion of 
understanding and appreciation of cultural diversity, racial 
harmony and non-discrimination in schools and other learning 
modalities, and ensuring that books, reference materials and other 
learning resources used in education programs, including those 
that portray indigenous peoples or discuss religious practices, are 
free from discriminatory content; 
 
d.  conduct consultations with indigenous peoples, religious 
organizations and other organizations representing vulnerable, 
disadvantaged and marginalized groups; and  
 
e.  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: 
 
1. 
provide legal assistance to victims of discrimination, such 
as through the preparation of necessary pleadings, referral 
letters and counseling; 


 
20
 
2. 
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; and 
 
3. 
create an efficient system of case referrals to appropriate 
government departments or agencies. 
 
SEC. 12.    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 nondiscrimination 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 5 of this Act. 
 
The State shall endeavor 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 nondiscrimination and promote equality 
and shall encourage other sectors of the society to engage and participate in 
these efforts. Consistent with existing laws, the State 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 and Inclusion 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 an 
internal redress mechanism to address cases of discrimination and 
grant administrative remedies or sanctions for such cases.  
 
All government officers and workers are obliged to promote non-
discrimination in the discharge of their duties and responsibilities. 
 
       SEC.13.     Information and Education Campaign. (IEC) – All 
government 
agencies 
and 
instrumentalities, 
government-owned 
and 
controlled corporations, private and public educational institutions, private 
companies, and other sectors, are mandated to develop and implement 
information dissemination on any of the prohibited forms of discrimination. 


 
21
They shall ensure that IECs on the rights of the ICCs/IPs under R.A. 8371 and 
other related laws, and culture-sensitivity trainings are included in their 
programs. They shall endeavor to produce and publish information and 
education campaign materials which must be available in accessible formats 
or applications to promote non-discrimination and diversity.  
 
Information regarding the dignity and diversity of the cultures, 
traditions, histories, and aspirations of the ICCs/IPs should be appropriately 
reflected in all forms of education, public information, cultural-educational 
exchange, and information education campaigns, including the use of social 
media platforms.  
 
SEC. 14.      Affirmative Action. – The State shall develop a system of 
affirmative actions towards protecting the rights of Indigenous peoples, other 
cultural minority groups and groups that are most vulnerable to 
discrimination.  
 
The CHR as Gender Ombudsman shall take appropriate measures to 
ensure compliance with this Section. 
 
  SEC.15.      Penalties. - Any person found liable for violating any 
provision of this Act shall be penalized by arresto mayor or imprisonment for a 
period of not less than one (1) month and one (1) day nor 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 (Php100, 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 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, step-
parent or collateral relative within the second degree of 
consanguinity or affinity of the victim, or is the manager or owner 
of an establishment which has no license to operate or whose license 
has expired or has been previously revoked; 
 
d. The penalty provided for in this Act shall be imposed in its 
maximum period if the offender is a public official, officer or 


 
22
employee. Provided, That the penalty of suspension shall also be 
imposed; and 
 
e. A fine to be determined by the court shall be imposed. 
 
The court may impose upon a person found to have violated for the 
first time any of the prohibited acts, the non-custodial sanctions, such as the 
rendition of community service, gender sensitivity, equal opportunity and 
diversity seminars and other non-imprisonment measures, in terms of 
attendance in human rights education's familiarization with and exposure to 
the plight of the victims.  
 
If the violator is an alien or foreigner, he shall be deported immediately 
after service of sentence without further deportation proceedings, subject to 
existing laws, rules and regulations on immigration and deportation. 
 
Persons found guilty of any of the discriminatory practices prohibited 
under this Act shall also be civilly liable. 
 
If any crime penalized under the Revised Penal Code is committed and 
an act of discrimination has also been committed, the penalty provided under 
the Code shall be applied and the discrimination committed shall be 
considered as an aggravating circumstance. 
 
SEC. 16. Administrative Proceedings and Sanctions. — In the exercise 
of their  monitoring functions,  and upon finding by the CHR, or the NCIP,  in 
cases of discrimination or complaints filed against ICCs/IPs, that a 
department, agency or instrumentality of government, government-owned 
and controlled corporation, or local government unit has violated any 
provision of this Act and its implementing rules and regulations, the sanctions 
under administrative law, civil service, or other appropriate laws shall be 
recommended to the Civil Service Commission (CSC) or the appropriate 
appointing authority, or to the Department of Labor, in the case of officers and 
employees of private corporations or entities, subject to existing laws.  The 
person directly responsible for the violation as well as the head of the agency 
or local chief executive shall be held liable under this Act.  
 
The administrative remedies provided under this Act do not bar 
prosecution or civil claims in proper courts for an act of discrimination 
committed under this act. 
 
SEC. 17.    Reparation to Victims. - In addition to existing laws and 
procedural rules for reparation to victims, the following measures shall be 
undertaken: 
 


 
23
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, 
rehabilitation, 
guarantees of non-repetition, and public apologies. 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 shall 
make an order directly against a convicted person, specifying 
appropriate reparation to, or in respect of, victims, including 
restitution, compensation, rehabilitation, guarantees of non-
repetition, and public apologies;  
 
c. Before making an order under this section, the court, 
administrative agency, or quasi-judicial body shall invite and shall 
consider representations from, or on behalf of, the convicted person, 
victims or other interested persons; and 
 
d. The Department of Social Welfare and Development (DSWD) 
shall provide rehabilitative counselling and treatment to offenders 
toward a better understanding of human rights. If necessary, the 
court shall direct the offender to submit to psychiatric treatment or 
confinement. 
 
Nothing in this section shall be interpreted as prejudicing the rights of 
victims under national or international law. 
 
SEC. 18.     Burden of Proof. – Where there is prima facie finding by any 
court or other competent authority that discrimination has been committed 
against any person, the burden of proof that there has been no breach on the 
right of equality committed against the complainant rests on the respondent. 
This rule shall apply to all civil and administrative proceedings.  
 
SEC. 19. Creation of an Oversight Inter-Agency Committee. – An 
Oversight Inter-Agency Committee is hereby created to periodically oversee 
the implementation of this Act. The Committee shall be headed by the CHR, 
through its Chairperson or the designated Non-Discrimination and Equal 
Opportunity Focal Commissioner, with the following as Members: 
representatives with the rank of an Undersecretary or Assistant Secretary, 
from the Department of Education (DepEd), Commission on Higher 
Education (CHED), Civil Service Commission (CSC), Department of Labor 


 
24
and Employment (DOLE), Department of Justice (DOJ) and other agencies 
who may be called upon by the CHR. 
 
The Oversight Inter-Agency Committee shall meet twice a year, or as 
the need arises, and shall submit an annual report to Congress on the 
implementation of this Act. The annual report shall be made accessible to the 
public, and shall contain the following information, among others: 
 
a) 
  Identification 
of 
strengths 
and 
weaknesses 
of 
the 
implementation of this Act; 
b) Audit performance of the government agencies in relation to their 
duties and responsibilities under this Act; and 
c)   Recommendations on the improvement of implementation of this 
Act. 
 
SEC. 20.     Appropriations. - The CHR shall include in its program the 
implementation of this Act, the initial funding of which shall be charged 
against the current appropriation of the Commission. Thereafter, the amount 
necessary for the continued implementation of this Act, shall be included in 
the annual General Appropriations Act (GAA). 
             SEC.21.    Implementing Rules and Regulations. -The CHR as the lead 
agency, Civil Service Commission, Department of Labor and Employment, 
Department of Interior and Local Government, the Armed Forces of the 
Philippines, the Philippine National Police,  Department of Education, 
Commission on Higher Education, Technical Education and Skills 
Development Authority, Department of Justice, Department of Foreign 
Affairs, Department of Health, National Commission on Indigenous Peoples, 
Philippine Commission on Women, National Council on Disability Affairs, 
Council for the Welfare of Children, National Commission on Muslim 
Filipinos, and the National Economic and Development Authority shall 
promulgate the necessary implementing rules and regulations within sixty 
(60) days from the effectivity of this Act.  
 
SEC. 22. Separability Clause. - If any part or provision of this Act is held 
invalid or declared unconstitutional, the remainder of this Act or any provision 
not affected thereby shall remain in full force effect. 
             SEC. 23. Repealing Clause. – All laws, decrees, executive orders, 
memorandum orders, memorandum circulars, administrative orders, 
ordinances, or parts thereof, which are inconsistent with the right to adequate 
food and the provisions of this Act, are hereby deemed repealed or modified 
accordingly. 
 
SEC. 24. Effectivity. - This Act shall take effect after fifteen (15) days 
following its publication in the Official Gazette or in a newspaper of general 
circulation. 


 
25
 
Approved,