REPUBLIC OF THE PHILIPPINES (2
HOUSE OF REPRESENTATIVES ‘3 RECEIVED

: 0
Quezon City DATES 0 2 20z0
EIGHTEENTH CONGRESS
Second Regular Session
i quakes
House Bill No.

Introduced by HON. KRISTINE ALEXIE B. TUTOR
Third District, Bohol

EXPLANATORY NOTE

The 1987 Philippine Constitution under Article 111, Sections 1, 2, 4, 8, 12 states that
every person has the right to life, security of person and privacy, right to be free from
torture, arbitrary arrest and detention, the right to be free from discrimination and the
right to freedom of expression, and the right to organize associations. Further, under
Section 11, the State values the dignity of every person and guarantees full respect for
human rights.

Aside from the “equality of treatment” afforded by the Constitution, the Philippines is
likewise a signatory to various international agreements that promotes and guarantees
the same rights to equal treatment. Our country is a signatory to the International
Covenant on Economic, Social and Cultural Rights (ICESCR) and the International
Covenant on Civil and Political Rights (ICCPR) of the United Nations which recognize
that enjoying civil and political freedom and freedom from fear and want can be
achieved only if conditions are created whereby everyone may enjoy his civil and
political rights, as well as his economic, social and cultural rights.

This proposed measure seeks to provide the definition for discrimination as well as
provide penalties to discrimination on the basis of one’s age, racial or ethnic origin,
religious belief or activity, political inclination or conviction, social class, sex, gender,
sexual orientation, gender identity and expressions, marital or relationship status,
disability, HIV status, profession or occupation, health status or medical history,
language, physical features, and other status.

Discrimination restrains development opportunities for those being discriminated, one

should never suffer discrimination based on their status. Thus, in view of the foregoing,
immediate passage of this measure is earnestly sought.

REP. voor ALEXIE B, TUTOR


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 1217

Introduced by HON. KRISTINE ALEXIE B. TUTOR
Third District, Bohol

AN ACT

PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, RACIAL OR ETHNIC
ORIGIN, RELIGIOUS BELIEF OR ACTIVITY, POLITICAL INCLINATION OR
CONVICTION, SOCIAL CLASS, SEX, GENDER, SEXUAL ORIENTATION, GENDER
IDENTITY AND EXPRESSIONS, MARITAL OR RELATIONSHIP STATUS, DISABILITY,
HIV STATUS, PROFESSION OR OCCUPATION, HEALTH STATUS OR MEDICAL
HISTORY, LANGUAGE, PHYSICAL FEATURES, AND OTHER STATUS, AND
PROVIDING PENALTIES THEREFOR

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

Section 1. Short Title. - This Act shall be known as the “Comprehensive Anti-
Discrimination Act of 2020.”

Sec. 2. Declaration of Policy. - It is the policy of the State to work actively for
the elimination of all forms of discrimination that offends the equal protection clause of
the Bill of Rights, and the State's obligations under human rights instruments acceded to
by the Republic of the Philippines, particularly those discriminatory practices based on
age, racial or ethnic origin, religious belief or activity, political inclination or conviction,
social class, sex, gender, sexual orientation, gender identity and expressions, marital or
relationship status, disability, HIV status, profession or occupation, health status or
medical history, language, physical features, or other status.

Towards this end, discriminatory practices as defined herein shall be proscribed
and penalized.

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

a. Disability refers to: 1) a physical or mental impairment that substantially limits
one or more psychological, physiological or anatomical function of an individual
or activities of that individual; 2) a record of such an impairment; or, 3) being
regarded as having such an impairment.

b. Discrimination constitutes any distinction, exclusion, restriction or preference or

other differential treatment that is directly or indirectly based on age, racial or
ethnic origin, religious belief or activity, political inclination or conviction, social

2


WONAUAWNE

class, sex, gender, sexual orientation, gender identity and expressions, marital or
relationship status, disability, HIV status, health status or medical history,
language, physical features, or other status, which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise, on equal footing,
of the political, civil, economic, social and cultural rights. Discrimination also
includes incitement to discriminate and harassment.

Direct discrimination occurs where a person is treated less favorably than
another person in the same or comparable circumstances on the ground of their
protected attribute (i.e. age, racial or ethnic origin, religious belief or activity,
political inclination or conviction, social class, sex, gender, sexual orientation,
gender identity and expressions, marital or relationship status, disability, HIV
status, profession or occupation, health status or medical history, language,
physical features, or other status).

Indirect discrimination occurs where an apparently neutral condition or
requirement is imposed which has the effect of disadvantaging a group with a
particular protected attribute and which is not reasonable in the circumstances.
Indirect discrimination may not be unlawful if a respondent can show that there
is an objective justification for it. This involves demonstrating a proportionate
means of achieving a legitimate aim.

Education and Training refers to all types and levels of education, training, and
other avenues for learning, and includes access thereto, the standard and quality
thereof and the conditions under which the same is given.

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

. Employment refers to all terms conditions, and privileges relating to work in

public and private institutions, including recruitment policies, application,
procedures, training, incentives, compensation, determination of benefits or
allowances, promotion, advancement opportunities, transfer, and dismissal.

This definition shall apply to regular, probationary, casual, contractual,
fixed-term, and seasonal workers. In legitimate contracting arrangements, the
contractor/subcontractor shall be deemed the employer of the contractual
employee.

For the purpose of this Act, the terms employment and occupation include
access to vocational training, access to employment and to particular
occupations, and terms and conditions of employment.

Gender Identity refers to each person's deeply felt internal and individual
experience of gender, which may or may not correspond with the sex assigned at
birth (e.g, the sex listed on their birth certificate) including the personal sense of
the body and other expressions of gender, including dress, speech and
mannerisms.

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


. HIV Status refers to the presence or absence of the human immunodeficiency

virus (HIV) in the body of an individual.

Indigenous Cultural Communities/ Indigenous Peoples (ICC/IPs) shall, as provided
under Section 3 (h), Chapter II of Republic Act No. 8371 or the Indigenous
People’s Rights Act (IPRA) of 1997, refer to a group of people or homogenous
societies identified by self-ascription and ascription by others, who have
continuously lived as organized community on communally bounded and
defined territory, and who have, under claims of ownership since time
immemorial, occupied, possessed and utilized such territories, sharing common
bonds of language, customs, traditions and other distinctive cultural traits, or
who have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, became historically
differentiated from the majority of Filipinos. 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.

Bangsamoro People are those who, at the advent of the Spanish colonization,
were considered natives or original inhabitants of Mindanao and the Sulu
archipelago and its adjacent islands, whether of mixed or full blood, shall have
the right identity themselves, their spouses and descendants, as Bangsamoro.

. Linguistic Discrimination refers to the unfair treatment of an individual based

solely on the use of language. This use of language may include the individual's
native language or other characteristics of the person's speech, such as an accent,
the size of vocabulary (whether the person uses complex and varied words), and
syntax.

Muslims refer to those who are followers of Islamic faith, whether from birth or
by conversion.

. 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 to be identified are the following: (a) single; (b) married; (c) separated (d)
widowed; or (e) de facto spouse of another person. A de facto spouse of another
person is defined to mean a person who cohabits or lives with another person in
a relationship similar to marriage but is not legally married to that person.

. Occupation refers to a line of work, job or profession.

. Physical Features refer to a person's height, size, weight or other bodily

characteristics. It shall also include features that a person chooses to acquire,
such as tattoos and piercings.


p. Political Inclination refers to a person's preference with regards to membership
or belief in a particular political party, organization or ideology.

q. Profession refers to a lawful occupation which requires specialized knowledge
and often long and intensive academic preparation.

r. 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.

s. Religious Belief covers the profession or non-profession of religion or belief of
one’s choice that may be publicly or privately manifested in worship,
observance, practice and teaching.

t. Sexual Orientation refers to each person's capacity for profound emotional,
affectional and sexual attraction to, and intimate relations with, individuals of a
different gender or the same gender or more than one gender.

It encompasses the broad concept of a person's sexual attraction to, and
sexual activity with, people of a particular gender. This can be towards people of
the same sex (homosexual orientation); towards people of both sexes (bisexual
orientation), towards neither, or towards people of the opposite sex
(heterosexual orientation). A person's sexual orientation is distinct from a
person's gender identity and expression.

u. Social Class refers to groupings of individuals usually based on wealth,
educational attainment, occupation, income, and membership in a subculture or
social network.

v. 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.

w. Other Status refers to other forms of differential treatment or 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, criminal record.

Sec. 4, Prohibited Grounds for Discrimination/Protected Attributes. -
Discrimination that is directly or indirectly based on the following personal
characteristics such as age, racial or ethnic origin, religious belief or activity, political
inclination or conviction, social class, sex, gender, sexual orientation, gender identity
and expressions, marital or relationship status, disability, HIV status, lawful profession
or occupation, health status or medical history, language, physical features, or other


status, is prohibited. For purposes of this Act, these personal characteristics shall be
collectively termed as Protected Attributes.

Sec. 5. Acts of Discrimination, Unlawful. - Subject to Section 7 of this Act, the
acts of discrimination include, but are not limited to, the following:
(a) Inflicting stigma.

It shall be unlawful for any person to commit any acts that promote and
encourage stigma based on the grounds referred to in Section 4. Content in the
media, in educational textbooks, or in other medium that aims to inflict stigma is
likewise prohibited.

(b) Denial of political, civil and cultural rights.

It shall be unlawful to deny a person enjoyment of political, civil and cultural

rights based on the grounds referred to in Section 4.
() Denial of right to education.

Itis unlawful for any person to:

(1) Refuse admission or expel a person from any educational or training
institution on the basis of the grounds defined in Section 4, without
prejudice to the right of educational or training institutions to determine
the academic qualifications of their students or trainees;

(2)Grant or refuse to grant honors, scholarship/s, or other forms of
assistance on the basis of the grounds defined in Section 4; and

(3) Impose disciplinary sanctions, penalties harsher than customary, or
similar punishments, requirements, restrictions, or prohibitions that
infringe on the rights of the students on the basis of the grounds
identified in Section 4.

The prohibition to deny the right to education on the basis of the grounds in
Section 4 extends to acts committed against a student or trainee to discriminate
his or her parents or legal guardians.

(@) 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;

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

(4) Deny an application for or revoke a professional license issued by the
government directly or indirectly due to the grounds included in Section

(e) Denial of access to goods and services

Itis unlawful for any person to:

(1) Deny a person, solely or partly on the basis of the grounds in Section 4, of
goods and services available to the general public, such as but not limited
to private and public insurance, housing and other forms of
accommodation, medical and clinical services;


(2) Refuse entry to or evict a person from any establishment, facility or utility
that is open to the general public, such as but not limited to, restaurants,
bars, hotels, shopping malls, solely or partly on the basis of the grounds
listed in Section 4; and,

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

There is discrimination if the acts above are committed 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 the grounds provided
for in Section 4.

Discrimination is also committed when additional requirements beyond the
customary are imposed directly or indirectly due to the grounds stipulated in
Section 4.

(g) Inflicting harm on health and well-being.

It shall be unlawful to subject any person, without consent, to any
unnecessary medical or physical examination, psychological treatment, faith-
based practices, and other similar procedures based solely or partly on any of
the grounds referred to in Section 4 that aim to change identity or physical
attributes or impose behavior or expressions.

(h) Engaging in profiling.

It shall be illegal for any person, including members of the military and law
enforcement agencies, to engage in profiling based solely or partly on the
grounds included in Section 4,

(i) Abuses by state and non-state actors.

It shall be unlawful for any government agency, including local government
units, police, military, and immigration agencies, to harass verbally or physically,
to curtail freedom of movement, or to extort from a person or a group of persons
on the basis of the grounds stipulated in Section 4.

This prohibition applies to similar abuses committed by non-state actors.

) Detention and confinement.

It shall be unlawful to detain and confine a person or groups of persons based

directly or indirectly on the grounds under Section 4.
(I) Inciting hatred or violence

It shall be unlawful to incite hatred or violence based on any of the grounds
included in Section 4, by use of words or behavior or display of written material,
publishing or distributing written material; the public performance of a play;
distributing, showing or playing a recording; broadcasting or including a
program in a program service, and possession of inflammatory material. The
words, behavior, written material, or recordings, or program must be
threatening and not just abusive or insulting.

(1) Denial of right to expression

It shall be unlawful to deny a person of his freedom of opinion and
expression based on the grounds included in Section 4. This includes the
expression of identity or personhood through speech, deportment, dress, bodily


WONaAUAWNE

characteristics, choice of name, or other means, as well as the freedom to seek,
receive, and impart information and ideas of all kinds through any medium.
(m) Other analogous circumstances.
Any analogous act, which has the effect or purpose of impairing or nullifying
the recognition, enjoyment, or exercise of the person's human rights and
fundamental freedoms, are also prohibited.

Sec. 6. Persons Liable. - Any person, natural or juridical, or their
representatives, including government instrumentalities and agencies, or government-
owned and controlled corporations, or any private corporation, institution or company
who commits discrimination through any of the acts described in Section 5 shall be
liable under this Act.

Any person, natural or juridical, or their representatives, who requests, instructs,
induces, encourages, authorizes or assists another to commit acts of discrimination
under Section 5 shall also be liable under this Act.

Any person who is duty-bound to act on complaints of discrimination under this
Act but fails or refuses to do so shall be deemed prima facie to have sanctioned the
discriminatory act, and shall be held equally liable for discrimination.

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

Sec. 7. Exceptions. - Any action or conduct, otherwise prohibited under Sections
4and 5 of this Act shall not be unlawful and shall not be considered as discrimination:
1) Where any of the protected attributes are bona fide occupational
qualifications reasonably necessary to the normal operation of the particular
business or where the differentiation is based on reasonable factors (Genuine
Occupational Qualifications);
2) 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);
3) Where the acts or practices of a body established for religious purposes
conform to the doctrines, tenets or beliefs of the relevant religion or that such
acts or practices are necessary to avoid injury to the religious sensitivities of
adherents of that religion;
4) Where the act or omission is done in good faith for the purpose of assisting
or advancing a person or group of persons who need or may reasonably be
supposed to need assistance or advancement in order to achieve an equal place
in society with other members of the community (Measures of Equality or
Affirmative Action Program).

Sec. 8. Penalties. - The penalty of not less than one (1) year but not more than
six (6) years imprisonment or a fine of not more than Five Hundred Thousand
Philippine Pesos (PhP500,000.00), or both, in the discretion of the court, and taking into
consideration the circumstances and gravity of the offense.

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

(a) If the offender has been previously convicted under this Act;


(b) When the offender is an ascendant, parent, guardian, stepparent or
collateral relative within the second degree of consanguinity or affinity of
the victim;

(c) When the offender is the manager or owner of an establishment which
has no license to operate or whenever such license has expired or has
been previously revoked;

(a) When the offender is a public official, officer or employee: Provided, That
the penalty of suspension shall also be imposed: Provided, further, That
the public official, officer or employee may be asked to undergo gender
and development training and community service during the duration of
suspension.

When the offender is a corporation, partnership or association, the officer or
employee thereof who is responsible for the violation of this Act shall suffer the penalty
imposed in its maximum period. The corporation shall be jointly liable for any fine
imposed.

An offender who is a foreigner shall be deported immediately after service of
sentence and shall be barred entry into the country.

Whenever the courts determine that a fine shall be imposed pursuant to the
criminal case filed under this Act, the fine thus collected shall be remitted by the court
to the Commission on Human Rights which shall administer the fund for the assistance
of victims of discrimination.

Sec. 9. Programs to Promote Non-discrimination and Diversity. - The State
shall 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 other sectors of the society to
engage and participate in these efforts. It shall ensure the establishment of the following
programs:

(a) Social Protection Program - The national government shall implement social
protection measures for communities affected by and vulnerable to stigma
and discrimination.

(b) Diversity Programs and Policies - All government agencies, government-
owned and controlled corporations, private companies, public and private
educational institutions, and other entities shall establish diversity programs
to ensure that discrimination and abuse are prevented. They shall also create
an internal redress mechanism to address cases of discrimination and grant
administrative remedies or sanctions for such cases.

The Civil Service Commission (CSC), Department of Labor and Employment
(DOLE), Department of Interior and Local Government (DILG), Department of Trade
and Industry (DTI), the Armed Forces of the Philippines (AFP), Department of
Education (DepEd), Commission on Higher Education (CHED), Technical Education and
Skills Development Authority (TESDA), Department of Justice (DOJ), Department of
Foreign Affairs (DFA), and Department of Health (DOH) shall ensure the
implementation of this Section.

Failure of the above agencies, without justifiable cause, to ensure the
implementation of this provision shall be deemed refusal to address discrimination and
shall be penalized as an analogous act of discrimination.


Sec. 10. Enforcement. - Criminal complaints brought under this Act shall be
filed with the proper court. In addition to the criminal complaint, a person who has
been subjected to any acts of discrimination as defined in this Act may file a complaint
with the Commission on Human Rights (CHR). For this purpose, the CHR may
investigate, motu proprio or on complaint by any person, acts or omissions in violation
of this Act.

In all cases under investigation, the Commission may issue legal and preventive
measures as well as provisional remedies. These measures or remedies shall include,
but are not limited to, general writs of injunction, restraining orders, status quo ante
orders, cease and desist orders, protection orders or such other orders to protect the
life and security of persons, preserve evidence, protect properties and other
considerations to ensure the efficient investigation of the alleged violation of this Act.

The Commission shall also direct the officer concerned to take appropriate
action against a public officer or employee at fault or who neglected 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 a duty required under this Act, shall be a ground for disciplinary
action against said officer.

Sec. 11. Administrative Proceedings and Sanctions against Public Officials
and Employees. - Pursuant to Section 8 of this Act, which makes it a duty of the CHR to
investigate alleged cases of discrimination, a finding by the CHR that a department,
agency or instrumentality of the government, a government-owned and controlled
corporation, or a local government unit has violated any provision of this Act and its
implementing rules and regulations, shall carry with it a recommendation to the CSC
and/or the DILG for the imposition of sanctions under administrative law, civil service,
or other appropriate laws. Such recommendation shall include the names of the person
directly responsible for the violation, and a statement that the sanctions be imposed
upon the person directly responsible and the head of the agency or the local chief
executive.

Sec, 12. Fines against Private Persons, Provisional Remedy. - Upon a prima
{facie finding that any provision of this Act was violated and upon its issuance of a cease
and desist order, the CHR may impose a fine of Twenty Thousand Pesos (P20,000.00),
for every day that the act of discrimination complained of has not ceased. The fine thus
collected shall be for the assistance of victims of discrimination.

For purposes of this section and the imposition of the provisional remedy of fine,
the CHR may ask the assistance of DTI, CHED, DOLE, DepEd, and TESDA.

Sec. 13. Implementing Rules and Regulations. - The CHR, CSC, DOLE, DILG,
AFP, DepEd, CHED, TESDA, DOJ, DFA, DOH, National 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. Thereafter, this Act shall be fully implemented with or without the IRR.

10


Sec. 14. Separability Clause. - If, for any reason, any part, section or provision
of this Act is held invalid or unconstitutional, the remaining provisions not affected
thereby shall continue to be in force and effect.

Sec. 15. Repealing Clause. - All laws, decrees, executive orders, proclamations,
rules and regulations, and other issuances, or part or parts thereof, which are
inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.

Sec. 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved,

i