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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _ 1568

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

Our Constitution provides that the “State shall afford full protection to
labor ... and promote full employment and equality of employment opportunities
for all”! Our Labor Code provides that the State shall do so “regardless of sex,
race or creed.”? Accordingly, Congress has prohibited employment discrimination
against. women,’ persons with disabilities,’ and based on age* (although
“disability” and “age” are unenumerated), and sexual harassment. Yet it has
failed to prohibit discrimination against women in hiring and, more glaringly,
based on sexual orientation and gender identity and expression. These omissions
are unconstitutional and must be corrected. Indeed, Congress must outlaw
discrimination at the hiring stage and the workplace based on all irrelevant

" PHIL. CONST,, Art. XIII, Sec. 3
? LABOR CODE OF THE PHILIPPINES, Art. 3.

> See R.A. No, 6725, AN ACT STRENGTHENING THE PROHIBITION ON DISCRIMINATION AGAINST
WOMEN WITH RESPECT TO TERMS AND CONDITIONS OF EMPLOYMENT, AMENDING FOR THE
PURPOSE ARTICLE ONE HUNDERTHIRTY-FIVE OF THE LABOR CODE, AS AMENDED.

* See R.A. No. 10524, AN ACT EXPANDING THE POSITIONS RESERVED FOR PERSONS WITH
DISABILITY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7277, AS AMENDED,
OTHERWISE KNOWN AS THE MAGNA CARTA FOR PERSONS WITH DISABILITY,

5 See R.A. No. 10911, AN ACT PROHIBITING DISCRIMINATION AGAINST ANY INDIVIDUAL IN
EMPLOYMENT ON ACCOUNT OF AGE AND PROVIDING PENALTIES THEREFOR.

© See R.A. No. 7877, AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE
EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES


factors: race, national origin, color, religion, disability, age, physical
characteristics, sex (including pregnancy), sexual orientation, and gender identity
and expression.

This bill proposes to harmonize, strengthen, and broaden the scope of
existing anti-discrimination laws and establish an Equal Employment Opportunity
Commission (EEOC) to administer and enforce protections against workplace
discrimination based on factors other than a person’s qualifications and
performance. With this special mandate and with powers broader than those
exercised by regular prosecutors, the EEOC will ease the workload of prosecutors,
hasten the dispensation of justice to aggrieved workers, and positively influence
work-related policies and practices of employers. Immediate passage of this bill

is earnestly sought.

(Fh Bhima

GERALDINE B. ROMAN



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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 1563

Introduced by Representative GERALDINE B. ROMAN

AN ACT
CREATING AN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
DEFINING ITS POWERS AND COMPOSITION, AND APPROPRIATING FUNDS
‘THEREFORE

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

ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the “Equal Employment
Opportunity Act of 2019.”
See. 2. Declaration of Policy ~ It is the declared policy of the State to afford full protection
to labor and promote full employment and equality of employment opportunities for all
regardless of sex, race or creed and other factors unrelated to a persons qualifications and
performance, such as pregnancy, disability, age, physical characteristics, sexual orientation,
and gender identity and expression.
See. 3. Definition of Terms. — As used in this Act
a) Commission refers to the Equal Employment Opportunity Commission or any of its
divisions, as the case maybe;
b) Disability shall mean (1) a physical or mental impairment that substantially limits
one or more psychological, physiological or anatomical function of an individual or
activities of such individual; (2) a record of such an impairment; or (3) being

regarded as having such an impairment.


d)

h)

)

k)

)

Employee refers. to a person who performs professional, managerial _ or
administrative work and is paid salaries by the employer as compensation for
services,

Employer refers to any person, natural or juridical, employing the services of an
employee or worker and shall include the government and all its branches,
subdivisions and instrumentalities, all government-owned-and-controlled
corporations, and government financial institutions, as well as nonprofit private
institutions or organizations.

Gender expression refers to the way a person communicates gender identity to
others through behavior, clothing, hairstyles, communication or speech pattern, or
body characteristics;

Gender identity refers to the personal sense of identity as 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, in which case this person is
considered transgender;

Job applicant refers to a person who applies for employment.

Job or labor contractor refers to any person or an agent of that person who
regularly undertakes, with or without compensation, the procurement of employees
‘or workers for an employer, or the procurement for employees’ or workers!
opportunities to work for an employer.

Labor organization refers to any union or association of employees or workers
which exists in whole or in part for the purpose of collective bargaining or for
dealing with employers concerning terms and conditions of employment.

Reasonable accommodation with respect to disability is a change in the
workplace (or in the ways things are usually done) to help a person with a disability
apply for a job, perform the duties of a job, or enjoy the benefits and privileges of
employment, where the change would not cause the employer undue hardship.
Reasonable accommodation with respect to religion is an adjustment at work that
will allow an employee to practice his or her religion, where the adjustment would
not cause the employer undue hardship.

Respondent refers to the employer, job contractor, labor organization or an
employer with apprenticeship or learnership program, who is charged with unlawful

discriminatory practice.


m) Sex refers to male, female, or intersex. Intersex refers to people born with the sex
characteristics (including genitals, gonads and chromosome patterns) that do not fit
typical binary notions of male or female bodies, all of which are natural bodily
variations along a spectrum;

n) Sexual Orientation refers to the direction of emotional, sexual attraction, or conduct
towards people of the same sex (homosexual orientation) or towards people of both
sexes (bisexual orientation), or towards people of the opposite sex (heterosexual
orientation) or to the absence of sexual attraction (asexual orientation);

0) Systemic discrimination means the discrimination involves a pattern or practice,
policy, or class case where the alleged discrimination has a broad impact on an
industry, profession, company or geographic area.

p) Undue hardship means that the accommodation would be too difficult or too
expensive to provide, in light of the employer's size, financial resources, and the
needs of the business. An accommodation may cause undue hardship if it is costly,
compromises workplace safety, decreases workplace efficiency, infringes on the
rights of other employees, or requires other employees to do more than their share of
potentially hazardous or burdensome work.

q) Worker refers to a person who performs manual labor involving skilled or unskilled
work, and is paid wages by the employer as compensation for services rendered.

ARTICLE I
UNLAWFUL DISCRIMINATORY PRACTICE

Sec. 4. In General. ~ It is unlawful to discriminate against someone (job applicant or
employee) because of that person's race, national origin, color, religion, disability, age,
physical characteristics, sex (including pregnancy), sexual orientation, and gender identity
and expression. It is also illegal to retaliate against a person because he or she complained
about discrimination, filed a charge of discrimination, or participated in an employment
discrimination investigation or lawsuit,

It is unlawful for an employer to use neutral employment policies and practices that
have a disproportionately negative effect on job applicants or employees of a particular race,
national origin, color, religion, sex (including pregnancy), sexual orientation, and gender
identity and expression, or on an individual with a disability or class of individuals with
disabilities, if the polices or practices at issue are not job-related and necessary to the
operation of the business. It is also unlawful for an employer to use neutral employment

policies and practices that have a disproportionately negative impact on job applicants or



employees based on age, if the policies or practices at issue are not based on a reasonable
factor other than age.
See. 5. Unlawful Employer Practices, —1t is unlawful for an employer:
(a) To refuse to hire, or adopt and implement policies and practices that have the effect
of disqualifying or excluding from hiring, any person on account his or her race,

national origin, color, religion, disability, age, physical characteristics, sex (including

pregnancy), sexual orientation, and gender identity and expression. Accordingly, the
following, inter alia, are prohibited:

(1) To print or publish, or cause to be printed or published, in any form of media,
including the internet, any notice of advertisement relating to employment
suggesting preferences, limitations, specifications, and discrimination based on
race, national origin, color, religion, disability, age, physical characteristics, sex
(including pregnancy), sexual orientation, and gender identity and expression;

(2) To require a declaration of race, national origin, color, religion, disability, age or
birthdate, or sexual orientation during the application process; and

(3) To decline any employment application because of one’s race, national origin,
color, religion, disability, age, physical characteristics, sex (including
pregnancy), sexual orientation, and gender identity and expression.

If an employer requires job applicants to take a test, the test must be
necessary and related to the job and the employer may not exclude people of a
particular race, color, religion, sex (including pregnancy), sexual orientation, and
gender identity and expression. Moreover, the results of the test must be disclosed to
the job applicant. In addition, the employer may not use a test that excludes job
applicants based on age if the test is not based on a reasonable factor other than age.

If an employer requires job applicants to take a medical test, the test must be
administered only after a job offer has been made.

Ifa job applicant with a disability needs an accommodation (such as a sign
language interpreter) to apply for a job, the employer is required to provide the
accommodation, so long as the accommodation does not cause the employer
significant difficulty or expense.

(b) To recruit new employees in a way that discriminates against them because of their
race, national origin, color, religion, disability, age, physical characteristics, sex
(including pregnancy), sexual orientation, and gender identity and expression.

(c) To discriminate against an employee with respect to his or her compensation,

benefits, fringe benefits, incentives or allowances, or the terms and conditions or


privileges of employment, including but not limited to training opportunities and
study and scholarship grants, because of the employee’s race, national origin, color,
religion, disability, age, physical characteristics, sex (including pregnancy), sexual
orientation, and gender identity and expression.

(d) To make decisions about job assignments and promotions based on an employee's
race, national origin, color, religion, disability, age, physical characteristics, sex
(including pregnancy), sexual orientation, and gender identity and expression,

If an employer requires employees to take a test before making decisions
about assignments or promotions, the test may not exclude people of a particular
race, national origin, color, religion, sex (including pregnancy), sexual orientation,
and gender identity and expression, or individuals with disabilities, unless the
employer can show that the test is necessary and related to the job. In addition, the
employer may not use a test that excludes employees based on age if the test is not
based on a reasonable factor other than age. The employer will disclose test results
to employees.

(e) To discipline, discharge, forcibly lay off, or impose early retirement on, an employee
based on the employee's race, national origin, color, religion, disability, age,
physical characteristics, sex (including pregnancy), sexual orientation, and gender
identity and expression. This prohibition applies to constructive discharge or forcing
an employee to resign by making the work environment so intolerable a reasonable
person would not be able to stay.

Employers may not discriminate when deciding which workers to recall after
a layoff.

(£) To give a negative or false employment reference (or refuse to give a reference)
because of a person's race, national origin, color, religion, disability, age, physical
characteristics, sex (including pregnancy), sexual orientation, and gender identity and
expression.

(g) To harass an employee because of race, national origin, color, religion, disability,
age, physical characteristics, sex (including pregnancy), sexual orientation, and
gender identity and expression, or to harass someone because he or she has
complained about discrimination, filed a charge of discrimination, or participated in
an employment discrimination investigation or lawsuit.

Harassment is illegal if it is so frequent or severe that it creates a hostile or
offensive work environment or if it results in an adverse employment decision (such

as the victim being fired or demoted).


In a work-related or employment environment, sexual harassment is
committed when: (1) sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of an individual, or in
granting said individual favorable compensation, terms, conditions, promotions, or
privileges; or the refusal to grant the sexual favor results in limiting, segregating or
classifying the employee which in any way would discriminate, deprive or diminish
‘employment opportunities or otherwise adversely affect said employee; (2) The
above acts would impair the employee’s rights or privileges under existing labor
laws; or (3) The above acts would result in an intimidating, hostile, or offensive
environment for the employee.

See. 6. Unlawful Job Contractor Practices. — \t is unlawful for a job contractor to fail or
refuse to refer for employment, or otherwise to discriminate against, any individual because
of his or her race, national origin, color, religion, disability, age, physical characteristics, sex
(including pregnancy), sexual orientation, and gender identity and expression.

It is also unlawful to classify or refer for employment any individual on the basis of
his or her race, national origin, color, religion, disability, age, physical characteristics, sex
(including pregnancy), sexual orientation, and gender identity and expression
See. 7. Unlawful Labor Organization Practices, —\t is unlawful for a labor organization:

(a) To deny membership based on race, national origin, color, religion, disability, age,
physical characteristics, sex (including pregnancy), sexual orientation, and gender
identity and expression;

(b) To exclude from membership based on race, national origin, color, religion,
disability, age, physical characteristics, sex (including pregnancy), sexual
orientation, and gender identity and expression;

(c) To limit, segregate or classify its membership or applicants for membership, or to
classify or fail or refuse to refer for employment any individual, in any way that
would deprive or tend to deprive any individual of employment opportunities, or
would limit such employment opportunities or otherwise adversely affect his status
as an employee or as an applicant for employment, because of such individual's race,
national origin, color, religion, disability, age, physical characteristics, sex (including
pregnancy), sexual orientation, and gender identity and expression; or

(d) To cause or attempt to cause an employer to discriminate against an individual in
violation of this Act.

See. 8. Training Programs. — It is unlawful discriminatory practice for any employer, labor

organization or those organizations with apprenticeship or learnership programs, including



on-the-job training programs to discriminate against any individual because of his or her
race, national origin, color, religion, disability, age, physical characteristics, sex (including
pregnancy), sexual orientation, and gender identity and expression.

See. 9. Exceptions. — Notwithstanding any other provision of this article, it is not unlawful
for an employer to apply different standards of compensation or different terms, conditions,
or privileges of employment pursuant to bona fide seniority or merit system, or system
which measures earnings by quantity or quality of production or to employees who work in
different locations; provided, such differences are not the result of an intention to
discriminate because of race, national origin, color, religion, disability, age, physical
characteristics, sex (including pregnancy), sexual orientation, and gender identity and
expression.

Further, it is not unlawful for an employer to give and to act upon the results of any
professionally developed ability test provided that such test, its administration or action
upon the results is not designated, intended or used to discriminate because of race, color,
religion, disability, sex (including pregnancy), sexual orientation, gender identity and
expression, or national origin.

A policy or practice implemented by an employer, job contractor, or labor

organization pursuant to an opinion of the Commission shall not be actionable.
See. 10. Burden of Proof. ~The complaining party bears the burden of proving that the
respondent discriminated based on his or her membership in a protected group. The
complaining party must make a prima facie showing of discrimination, The respondent must
then articulate and establish a nondiscriminatory reason for its practice. The complaining
party must then prove that the stated reason is a pretext to hide discrimination.

‘A complaining party alleging that a particular practice neutral on its face has a
disparate impact on a protected group must prove that the challenged practice has a
substantial adverse impact on the protected group. The respondent must then prove that the
challenged practice is job-related for the position in question and consistent with business
necessity. Even if the respondent proves business necessity, the complaining party may still
prevail by showing that the respondent has refused to adopt an alternative practice that
would satisfy the respondent's legitimate interests without having a disparate impact on the
protected class.

See. 11. Penalties for Violations. — Any person liable for committing an unlawful

discriminatory practice shall suffer:
(a) For the first offense, imprisonment of not less than three (3) months but not more
than six (6) months or a fine of not less than Two Hundred Thousand Pesos


(Php200,000.00) but not more than Four Hundred Thousand Pesos (Php400,000.00),
or both;

(b) For the second offense, imprisonment of not less than six (6) months but not more
than one (1) year or a fine of not less than Four Hundred Thousand Pesos
(Php400,000.00) but not more than Six Hundred Thousand Pesos (Php600,000.00),
or both; or

(c) For the third offense, imprisonment of not less than one (1) year but not more than
three (3) years or a fine of not less than Six Hundred Thousand Pesos
(Php600,000.00) but not more than One Million Pesos (Php1,000,000.00), or both,
with penalty of closure in all instances.

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 a foreigner, he shall be deported immediately after
service of sentence without further deportation proceedings.
SEC. 12. Independent Action for Damages. — Nothing in this Act shall preclude the victim
of unlawful discriminatory practice from instituting a separate and independent action for
damages and other affirmative relief in the proper forum.

ARTICLE Ut
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

See. 13. Equal Employment Opportunity Commission. — There shall be an Equal
Employment Opportunity Commission which shall be under the Department of Justice and
shall coordinate with the Department of Labor and Employment for program and policy
formulation and implementation concerning workplace discrimination. The Commission
shall be composed of four Commissioners consisting of a Chairman and a Regional
Commissioner for each of Luzon, the Visayas, and Mindanao, and the Special Prosecutor.
‘The President may appoint other membes of the Commission as the necessity for it may
arise, as recommended by the Commission
Sec. 14, Appointment. — The Chairman, Regional Commissioners, and Special Prosecutor,
shall be appointed by the President from a list of at least twenty-one (21) nominees prepared
by the Judicial and Bar Council, and from a list of three (3) nominees for each vacancy
thereafter, which shall be filled within three (3) months after it occurs, each of which list
shall be published in a newspaper of general circulation.

In the organization of the Commission for filling up of positions therein, regional,
cultural or ethnic considerations shall be taken into account to the end that the Commission

shall be as much as possible representative of the regional, ethnic and cultural make-up of


the Filipino nation. This also means that, to the extent possible, and where qualified, the
following protected classes shall be represented in the Commission: (1) people with
disability; (2) women; (3) the lesbian, gay, bisexual, and transgender community; and (4)
senior citizens. Moreover, three appointees must possess substantial experience representing
labor, and two must have substantial experience representing management.

Upon assumption into office, the appointees shall work exclusively for the
Commission and sever affiliation with any management or labor organizations.

Sec. 15, Qualifications. — The Commissioners and Special Prosecutor shall be natural born
citizens of the Philippines, at least forty (40) years old, of recognized probity and
independence, members of the Philippine Bar, have demonstrated knowledge of labor-
management relations, and must not have been candidates for any elective national or local
office in the immediately preceding election whether regular or special. They must have
been a judge or engaged in the practice of law in the Philippines for at least ten (10) years.
Sec. 16. Rank and Salary. - The Chairman, Regional Commissioners, and Special
Prosecutor shall have the same ranks, salaries and privileges as a Regional Trial Court judge.
Their salaries shall not be decreased during their term of office.

‘The members of the prosecution, investigation and legal staff of the Commission
shall receive salaries which shall not be less than those given to comparable positions in any
office in the Government.

Sec. 17. Term of Office. - The Chairman, Regional Commissioners, and the Special
Prosecutor, shall serve for a term of seven (7) years without reappointment.

Sec. 18. Prohibition and Disqualifications, - The Commissioners and the Special
Prosecutor shall not, during their tenure, hold any other office or employment, They shall
not, during said tenure, directly or indirectly practice any other profession, participate in any
business, or be financially interested in any contract with, or in any franchise, or special
privilege granted by the government or any subdivision, agency or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries. They shall
strictly avoid conflict of interest in the conduct of their office. They shall not be allowed to
appear or practice before the Commission for two (2) years following their cessation from
office.

No spouse or relative by consanguinity or affinity within the fourth civil degree and
no law, business or professional partner or associate of the Chairman, Regional
Commissioner or Special Prosecutor within one (1) year preceding the appointment may
appear as counsel or agent on any matter pending before the Commission or transact

business directly or indirectly therewith.



This disqualification shall apply during the tenure of the official concerned. This

disqualification likewise extends to the law, business or professional firm for the same
period.
Sec. 19. Disclosure of Relationship. - It shall be the duty of the Chairman, Regional
Commissioners, including the Special Prosecutor to make under oath, to the best of their
knowledge and/or information, a public disclosure of the identities of, and their relationship
with the persons referred to in the preceding section.

The disclosure shall be filed with the Office of the President and the Commission
before the appointee assumes office and every year thereafter. The disclosures made
pursuant to this section shall form part of the public records and shall be available to any
person or entity upon request.

See. 20. Structural Organization. - The authority and responsibility for the exercise of the
mandate of the Commission and for the discharge of its powers and functions shall be vested
in the Commissioners, who shall have supervision and control of the Commission.

(a) The Commission may organize such directorates for administration and allied
services as may be necessary for the effective discharge of its functions, Those
appointed as directors or heads shall have the rank and salary of line bureau
directors.

(b) The Offices of the Regional Commissioners shall oversee and administer the
operations of the different offices in their respective regions. They shall likewise
perform such other functions and duties assigned to it by the Chairman.

(c) The Office of the Special Prosecutor shall be composed of the Special Prosecutor
and his prosecution staff. The Office of the Special Prosecutor shall be an organic
component of the Commission and shall be under the supervision and control of the
Chairman.

(d) The Office of the Special Prosecutor shall, under the supervision and control and
upon the authority of the Chairman, have the following powers:

(1) To conduct preliminary investigation;

(2) After finding probable cause, to prosecute violations of this Act in court;

(3) To perform such other duties assigned to it by the Chairman.

(e) The position structure and staffing patter of the Commission, including the Office
of the Special Prosecutor, shall be approved by the Chairman who shall appoint all
officers and employees of the Office of the Special Prosecutor, in accordance with

the civil service law, rules and regulations.


See. 21. Official Stations. - The Chairman and the Regional Commissioner for Luzon shall
hold office in Metropolitan Manila; the Regional Commissioner for the Visayas, in Cebu
City; and the Regional Commissioner for Mindanao, in Davao City. The Chairman may
transfer their stations within their respective geographical regions, as public interest may
require.

See. 22. Mandate, - The Chairman and Regional Commissioners shall act promptly on
complaints for unlawful discriminatory practice filed in any form or manner, and enforce
their civil and criminal liability in every case where the evidence warrants. However, upon
filing of the complaint, the Commission shall explore conciliation by the parties through
mediation.

See. 23. Restrictions. - No writ of injunction shall be issued by any court to delay an
investigation being conducted by the Commission under this Act, unless there is a prima
facie evidence that the subject matter of the investigation is outside the jurisdiction of the
Commission.

Sec. 24. Powers, Functions and Duties. - The Commission shall have the following
powers, functions and duties:

(a) Investigate and prosecute on its own or on complaint by any person allegations of
unlawful discriminatory practice by the respondent;

(b) Direct, upon complaint or at its own instance, the respondent to desist from and
rectify any unlawful discriminatory practice;

(c) Direct the respondent to discipline individuals who unlawfully discriminated against
the complaining party;

(d) Direct the respondent to produce copies of documents it deems relevant,

(c) Interview relevant witnesses employed by the respondent,

(£) Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents;

(g) Publicize matters covered by its investigation of the matters mentioned in paragraphs
(a), (b), (©) and (4) hereof, when circumstances so warrant and with due prudence:
Provided, that the Commission under its rules and regulations may determine what
cases may not be made public: Provided further, That any publicity issued by the
Commission shall be balanced, fair and true,

(h) Encourage the parties to to explore conciliation through mediation;


(i) Issue recommendations and guidelines in coordination with the Department of Labor
and Employment to stop and prevent unlawful discriminatory practice by employers,
job contractors, and labor organizations;

(j) Respond to inquiries seeking guidance on whether a practice contemplated would
constitute an unlawful discriminatory practice;

(k) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in
any investigation or inquiry;

(1) Punish for contempt in accordance with the Rules of Court and under the same
procedure and with the same penalties provided therein;

(m)Create a database of resolutions on complaints investigated, which database shall be
accessible to the public; and

(n) Delegate to investigators or agents such authority or duty as shall ensure the effective
exercise or performance of the powers, functions, and duties herein or hereinafter
provided.

The Commission shall prioritize complaints indicating that the alleged unlawful
discriminatory practice harmed not just the complaining party, but others similarly situated,
or that the discrimination was systemic.

Sec, 25, Immunities. - In all hearings, inquiries, and proceedings of the Commission,

including preliminary investigations, no person subpoenaed to testify as a witness shall be

excused from attending and testifying or from producing books, papers, correspondence,
memoranda and/or other records on the ground that the testimony or evidence, documentary
or otherwise, required of him, may tend to incriminate him or subject him to prosecution:

Provided, That no person shall be prosecuted criminally for or on account of any matter

concerning which he is compelled, after having claimed the privilege against self-

incrimination, to testify and produce evidence, documentary or otherwise.

Under such terms and conditions as it may determine taking into account the
pertinent provisions of the Rules of Court, the Commission may grant immunity from
criminal prosecution to any person whose possession and production of documents or other
evidence may be necessary to determine the truth in any hearing, inquiry or proceeding
being conducted by the Commission or under its authority, in the performance or in the
furtherance of its mandate, The immunity granted under this and the immediately preceding
paragraph shall not except the witness from criminal prosecution for perjury or false
testimony.

Any refusal to appear or testify pursuant to the aforecited provisions shall be subject

to punishment for prompt contempt and removal of the immunity from criminal prosecution


See. 26. Rules of Procedure. -

(a) The Commission shall promulgate its rules of procedure for the effective exercise or
performance of its powers, functions, and duties.

(b) The rules of procedure shall include a provision whereby the Rules of Court are
made suppletory.

(c) The rules shall take effect after fifteen days following the completion of their
publication in the Official Gazette or in three (3) newspapers of general circulation in
the Philippines, one of which is printed in the national language.

See. 27, Exceptions to Preliminary Investigation. - The Commission may not conduct the
necessary investigation of any complaint if it believes that:

(a) The complaint pertains to a matter outside the jurisdiction of the Commission;

(b) The complaint is trivial, frivolous, vexatious or made in bad faith;

(c) The complainant has no sufficient personal interest in the subject matter of the
grievance; or

(d) The complaint was filed more than two years from the discriminatory practice
complained of.

See. 28. Formal Investigation. -

(a) Administrative investigations conducted by the Commission shall be in accordance
with its rules of procedure and consistent with due process.

(b) In any investigation under this Act, the Commission may (a) enter and inspect the
work premises of the respondent; (b) examine and have access to any book, record,
file document or paper; and (c) hold private hearings with both the complaining party
and any individual affiliated with the respondent.

ARTICLE IV
FINAL PROVISIONS

See, 29, Appropriations. — The amount necessary for the initial implementation of this Act
shall be charged against the current appropriation for the Department of Justice. Thereafter,
the required budget for continued implementation of this Act shall be submitted to the
Department of Budget and Management for inclusion in the General Appropriations Act
Sec, 30, Repealing Clause. ~ All laws, presidential decrees or issuances, executive orders,
letters of instruction, administrative orders, rules or regulation inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Sec. 31. Separability Clause. — \f any provision of this Act is declared unconstitutional, the
remainder of this Act or any provision not affected thereby shall remain in full force and

effect,


Sec. 32, Effectivity. ~ This Act shall take effect fifteen (15) days after the publication in the
Official Gazette or in a newspaper of general circulation,
Approved,