Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO, 188.

Authored by: Congressman BIENVENIDO M. ABANTE, JR.

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS‘OF
ETHNICITY, RACE, RELIGION OR BELIEF, SEX OR GENDER
OR SEXUAL ORIENTATION, LANGUAGE, DISABILITY,
EDUCATIONAL ATTAINMENT, AND OTHER FORMS OF
DISCRIMINATION, PROVIDING PENALTIES THEREFOR,
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The 1987 Philippine Constitution guarantees equal protection for
everyone. Section u provides that the State “values the dignity of every
human person and guarantees full respect for human rights,” while Section
14 imposes on the State the duty to value the “role of women in nation—
building, and shall ensure the fundamental equality before the law of women
and men.”

Article 3, Section 1 of the fundamental law states that “No person shall be
deprived of life, liberty or property without due process oy law, nor shall any
person be denied the equal protection of the laws.” The United Nations
Universal Declaration of Human Rights (UDHR), to which the Philippines is
a signatory, provides that the “recognition of the inherent dignity and of the

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equal and inalienable rights of all members of the human family is the
foundation of freedom, justice, and peace in the world.” The UDHR also
provides that everyone is entitled to all the rights and freedoms without
distinction of any kind such as race, color, sex or gender or sexual
orientation language, religion political or other opinions, educational
attainment, national or social origin, birth or other status.

This bill seeks to enhance the basic rights enshrined in the Constitution
and several international declarations, prevent and criminalize various forms
of discrimination and penalize such. Any form of discrimination may be
categorized as a crime against humanity and human dignity in that several
international declarations promote the equal treatment of all people and
prevent discrimination based on race, ethnicity, and other status.

Under this measure, discriminatory acts such as inflicting stigma, denial
of education, political, civil, and cultural rights, right to work, access to
goods
and services, and the right to organize, inflicting harm on health and well—
being, engaging in profiling, abuses by state and non—state agencies, and
detention and confinement are strictly prohibited and will be met with
corresponding penalties.

The great Filipino statesman Jose W. Diokno once said:

“Human rights are more than just legal concepts. They are the
essence of man. Deny them, and you deny man’s humanity.”

In view of the foregoing, immediate approval of this bill is hereby
earnestly sought.

. ABANTE, JR.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

188
HOUSE BILL NO.

Authored by: Congressman BIENVENIDO M. ABANTE, JR.

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF
ETHNICITY, RACE, RELIGION OR BELIEF, SEX OR GENDER
OR SEXUAL ORIENTATION, LANGUAGE, DISABILITY,
EDUCATIONAL ATTAINMENT, AND OTHER FORMS OF
DISCRIMINATION, PROVIDING PENALTIES THEREFOR,
AND FOR OTHER PURPOSES

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

SECTION 1. Snort Title— This Act shall be known as the “Anti-
Discrimination Act of 2022.”

SECTION 2. Declaration of Policies. - 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 Rights and State obligations under
human rights instruments acceded to by orientation. Towards this end,
discriminatory practices as defined herein shall be prescribed and penalized.

SECTION 3. Definition of terms.- For the purposes of this Act, the
following shall be defined as follows:

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a) Discrimination— constitutes any distinction, exclusive,
restriction or preference, or other differential treatment that is
directly or indirectly based on ethnicity, race, religion or belief,
sex and gender, disability, or other status, which has the
intention or equal footing, of political, civil, economic, social,
and cultural rights. Discrimination, which also includes
incitement to discriminate and harassment, is a result of a
product of stigma.

b) 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.

c)  Employment- refers to all terms, conditions, and privileges
relating to work in public and private institutions, including
policies, application procedures, training, _ incentives
compensation, and 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 employee.

d) Indigenous People—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;

Indigenous Peoples also refers to a group of people or

homogenous societies identified by  self—ascription, and
ascription by others, who have continuously lived as organized

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communities on communally bounded and defined territory, and
who have, under claims of ownership since time immemorial,
occupied, possessed and utilized such territories, sharing
common bonds of language, customs, tradition and other
distinctive cultural traits or who have, through resistance to
political, social and cultural inroads of colonization, non-
indigenous religions, and cultures, became _ historically
differentiated from the majority of Filipinos;

e) — Profiling- means relying on the prohibited grounds of
discrimination in subjecting a 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.

f)  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.

g) Vulnerable Communities— refers to communities or sectors
that encounter stigma and discrimination based on the grounds
enumerated in Section 4.

SECTION 4. Prohibited Grounds for Discrimination.— For the
purposes of this Act, discrimination that is indirectly based on the actual or
perceived ethnicity, race, religion or belief, sex or gender or sexual
orientation, gender identity, gender expression, civil status, disability, HIV
status, or other status is prohibited.

Ethnicity, race, reli:

ion or belief, sex or gender or sexual orientation,

civil status, disability, educational attainment, or other status that
differentiates 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.

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SECTION 5. Discriminatory Acts— The following Acts shall be
prohibited:

A. Inflicting stigma- it shall be unlawful for any person to commit any
facts that promote and encourage stigma based on the grounds
referred to in Section 4. Content in the media, in educational
textbooks, or in other media that aims to inflict stigma are 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 — it is unlawful for any person to:

1. Refuse admission or expel a person from any educational or
training institution based on 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. Impose disciplinary sanctions, penalties harsher than
customary, or similar punishment, requirements, restrictions,
or prohibitions that infringe on the rights of the students
based on the grounds identified in Sec. 4; and

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.

D. Denial of right to work— it is 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 government institutions, including
police and military service, based directly or indirectly on the
grounds referred to in Section 4;

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3. Refuse to enter into a contract or agreement with persons or
group of person based solely or partly on the grounds
provided in Sec. 4; and

4. Deny an application for or revoke the 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- it is unlawful for any person
to:

1. Deny a person, solely based on the grounds in Sec. 4, and
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 clinical services;

2. Refuse to entry to evict a person from any establishment,
facilities, or utilities that are open to the general public, such
as but not limited to restaurants, bars, hotels, and shopping
malls, solely or partly based on the grounds listed in Section 4;

3. Cause undue and unjust deferral of services or provision of
inferior services to persons due to the grounds in Section 4;
and

There is discrimination if the acts above are committed against
organizations or groups of persons based on the grounds
identified in Section 4.

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 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.

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G. Inflicting bum 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 inprofiling- 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 ground included in Section

4.

I. Abuses by State and Non-State actors— it shall be unlawful for any
government agencies, 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 based on the grounds stipulated in Section 4. This
prohibition applies to similar abuses committed by non—state
actors.

J. 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.

K. Other analogous circumstances- Any 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 are also prohibited.

SECTION 6. Liability- Any person, natural or juridical, or their

representatives, including government, government-owned and controlled
corporations, Institutions, or companies, who commits any of the acts under
Section 5, shall be liable under this Act.

Any person, natural or juridical, or their representatives, who requests,

instructs, induces encourages, authorizes, tolerates, or assists another to

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commit any of the acts under Section 5 shall be principally liable under this
Act.

SECTION 7. Programs to Promote Non-Dimimination and
Diversity. - 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 non-discrimination and promote
equality and shall encourage 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 the vulnerable to stigma and discrimination.

b) Diversity Programs and Policies- All government agencies, non-
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.

The Civil Service Commission, Department of Labor and
Employment, Department of Interior and Local Government, the
‘Armed Forces of the Philippines, Department of Education, and
Commission on Higher Education, TESDA, Department of
Justice, Department of Foreign Affairs, and Department of
Health shall ensure the implementation of this section.

Failure of the above agencies to ensure the implementation of
this provision shall be deemed refusal to address discrimination
and shall be penalized as an analogous act of discrimination.

SECTION 8. Duties and Commission on Human Rights. - The

Commission shall investigate and prosecute on its own or on the complaint
by any person acts or omissions violating this Act. If the Commission

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has reasonable cause to believe that any person or group is engaged in
discrimination under this Act, the Commission shall commence a legal
action in the regular court.

The Commission shall also direct the officer concerned to take
appreciate action against a public officer or employee at fault or who
neglects to perform an act or discharge a 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 duty required under this act, shall be a ground
for disciplinary action against said officer.

SECTION 9. Penalties — Persons found guilty of any of the
discriminatory practices under Section 5(A), 5 (B), 5(E), 5(F), and 4(K) of this
act shall be penalized with a fine of not less than One Hundred Thousand
Pesos (Pi00,000) but not to exceed Two Hundred and Fifty Thousand Pesos
(P250,000) or imprisonment of two (2) years but not more than six (6) years,
or both at the discretion of the court.

Persons found guilty of any discriminatory practices under Section
5(C), 5(D), 5(G), 5(H), 5(1), 50) and 5(K) of this Act shall be penalized with a
fine of not less than Two Hundred Fifty Thousand Pesos (P250,000) but not
to exceed Five Hundred Thousand Pesos (P500,000) or imprisonment of six
(6) years but not more than twelve (12) years, or both at the discretion of the

court.

If the violator is a corporation, organization, or any similar entity, the
officials thereof directly involved shall be liable therefor.

If the violator is an alien or foreigner, he shall be deported

immediately after service of sentence without further deportation
proceedings.

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Persons found guilty of any of the discriminatory practices prohibited
under this Act shall also be civilly liable.

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.

If any crime penalized under the Revised Penal Code is Committed in
pursuit of discrimination, the penalty provided under the Revised Penal
Code shall be applied and discrimination committed shall be considered as
an aggravating circumstance.

SECTION 10. Appropriations- The initial amount necessary to
implement the provisions of this Act shall be charged against the current
year’s appropriation of the agencies tasked to implement the provisions of
this Act. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the Annual General
Appropriations Act.

SECTION u. Implementing Rules and Regulations- The
Commission on Human Rights, Civil Service Commission, Department of
Labor and Employment, Department of Interior and Local Government, The
Armed Forces of the Philippines, Department of Education, Commission on
Higher Education, TESDA, Department ofJustice, Department of Foreign
Affairs, Department of Health, Commission on Indigenous Peoples, and
National Commission on Muslim Filipinos shall promulgate the necessary
implementing rules and regulations within sixty (60) days from the

effectivity of this Act.

SECTION 12. Separability Clause- Any portion or provision of this
Act that may be declared unconstitutional or invalid shall not have the effect
of nullifying the other portions and provisions hereof as long as such
remaining portion or provision can still subsist and be given effect in their
entirety.

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SECTION 13. Repealing Clause— All laws, decrees, orders, rules, and
regulations or parts thereof inconsistent with this Act are hereby repealed,
amended, or modifies accordingly.

SECTION 14. Effectivity— This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspaper of
general circulation.

Approved,

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