Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

647

H. B. No.

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

Article 111, Section 1, of the Bill of Rights of the 1987 Philippine Constitution provides
for the equal treatment of all individuals. The State is therefore mandated to protect its citizens
against all forms of discriminatory acts in order to promote equal protection and eliminate
stereotypes and prejudices,

The Constitution likewise provides that the Philippines adopts the generally accepted
principles of international law as part of the law of the land (Art. 11, See. 2). Under the
International Covenants on Economic, Social and Cultural Rights, as well as on Civil and
Political Rights, state parties like the Philippines should guarantee and ensure respect for the
rights of individuals, without discrimination of any kind as to race, color, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status, and to adopt
such legislative or other measures as may be necessary to give effect to those rights.

It is therefore the intent of the bill to provide for a law that prohibits discrimination against
people of different ethnic and religious backgrounds. By ensuring equal treatment for all
individuals, it is hoped that this legislation will foster peace in all the three major islands of the
Philippines, with emphasis on Mindanao where Muslims constitute a large portion of the
population. The recently concluded issue on the MOA-AD was obviously an indication of how
passionate our brothers and sisters from Mindanao are about their freedom, including their
freedom from being discriminated,

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

7 as Z
(a NS
JUAN EDGARDO “SONNY” M. ANGARA

Representative
Lone District, Province of Aurora



FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

H.B.No.__647

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
PROHIBITING DISCRIMINATION AGAINST PERSONS ON
ACCOUNT OF ETHNIC ORIGIN AND/OR RELIGIOUS BELIEF

Be iit 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 Anti-Discrimination Act of
2010.”

SEC. 2. Declaration of Policy. Itis the policy of the State to:

(a) Maintain peace and order, protect life, liberty and property, and promote the general welfare
for the enjoyment by all people the blessings of democracy;

(b) Promote a just and dynamic social order that will ensure the prosperity and independence of
the nation and free the people from poverty through policies that provide adequate social
services, promote full employment, a rising standard

of living and an improved quality of life for all;

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

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

and political power for the common good.

‘SEC. 3. Meaning of Discrimination. The term “discrimination” as used in this Act shall
mean any distinction, exclusion or restriction made on the basis of ethnic origin or religious
affiliation or beliefs, which has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by them of their human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field, especially including, but not limited to,
employment, livelihood, housing, education and basic services

SEC. 4, Definition of Terms.
(a) “Ethnic origin” includes race, national origin and ethno-linguistics origin.

(1) “Indigenous peoples” shall, as provided under Section 3(h), Chapter II of Republic Act No.
8371 or the “Indigenous People’s Rights Act (IPRA) of 1997", refers to a group of people 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

(2) “Moro people” refers to the indigenous people who have historically inhabited Mindanao,
Palawan and Sulu, and who are largely of the Islamic faith.

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(b) “Muslims” refers to those who are followers of the Islamic faith, whether from birth or by
conversion.

(c) "Religious belief’ means holding or not holding a religious belief or view and engaging in, not
engaging in or refusing to engage in a religious activity

(d) “Accommodation”, as mentioned herein, includes a house, apartment, condominium,
townhouse, flat, hotel, motel, boarding house, hostel and dormitory.

SEC, §. Acts of Discrimination. Discrimination is committed when a person treats
another less favorably on the basis of ethnic origin and/or religious affiliation or belief than the
person treats or would treat another without that attribute, or with a different attribute, on the
same or similar circumstances in employment, education, housing and delivery of basic
services, to wit

(a) Discrimination in Employment. — An employer or his agents must not discriminate against an
applicant for a job by refusing employment to the person or by imposing on that person onerous
terms and conditions on the basis of his ethnic background and/or religious affiliation or beliefs.
Likewise, an employer or his agents shall be liable for discrimination by denying or limiting
access of the employee to opportunities for promotion, transfer or training, or to any other
benefits connected with the employment or by dismissing the employee, or by subjecting the
employee to any other detriment on the basis of ethnic background and/or religious affiliation or
beliefs;

(b) Discrimination in Education - A public or private educational institution, their officers or
employees, or any person acting on their behalf shall be liable for discrimination by refusing, or
failing to accept, another for application for admission as a student or by denying or limiting
access of a student to any benefit or privilege provided by the said institution, or by expelling the
student, or by subjecting the student to any other detriment on the basis of ethnic background
and/or religious affiliation or beliefs;

(c) Discrimination in the Delivery of Goods and Services - Any person who, by reason of ethnic
background andior religious affiliation or belief, shall be liable for discrimination if he refuses to
provide goods or services to another; or imposes onerous terms on which goods or services are
provided; or subjects another to any other detriment in connection with the provision of goods or
services to him;

(d) Discrimination in Accommodation — A person or his agents shall be liable for discrimination
by refusing, or failing to accept or process the application for accommodation of another by
providing onerous terms and conditions not similar to other applicants, or by subjecting another
to any other detriment in connection with the provision of accommodation to that person on the
basis of ethnic background and/or religious beliefs; and

(e) Any other 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 in
the political, economic, social, cultural and civil spheres on the basis of ethnic background
and/or religious beliefs

SEC, 6. Persons Liable. Any person, natural or juridical, including any government or
private corporation, institution or company, who commits discrimination against any person on
account of ethnic origin and/or religious affiliations or beliefs, as provided for above, 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. Likewise, a person who is duty-
bound to act on complaints of discrimination under this Act but fails, or refuses to do so, shall be
deemed to have sanctioned the discriminatory act, and shall consequently be held equally liable
for discrimination.

SEC. 7. Equal Opportunity. It shall be the duty of every person, natural or juridical,
public or private, to ensure that there is equal opportunity for all persons in relating to actual or

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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 of employment, housing,
education and delivery of basic goods and services.

For this purpose, every agency, corporation, company and educational institution, as well as
any other person providing employment, housing, education and delivery of basic goods and
services, shall issue an equal opportunity policy, including the creation of an Equal Opportunity
Committee, as provided for in Section 8 hereof. Failure to do so shall be deemed refusal to
address discrimination, and shall be penalized as an act of discrimination.

SEC. 8. Equal Opportunity Committees. In order to ensure the compliance of this Act,
agencies, corporations, companies and educational institutions, whether private or public, shall
create an Equal Opportunity Committee which shall have administrative jurisdiction over cases
involving discrimination under this Act.

The committee shall be tasked, among others, to conduct the investigation of alleged
cases constituting discrimination on the basis of ethnic origin and/or religious affiliation or
beliefs. Administrative sanctions shall not be a bar to any prosecution in the proper courts or
any act of discrimination committed on the basis of ethnic origin and/or religious affiliation or
beliefs, or to any civil claims for damages caused by said act.

SEC. 9. Penal Clause. Any person liable under this Act shall be penalized by
imprisonment for a period of not less than thirty (30) days 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.

SEC. 10. Duty of the Commission on Human Rights (CHR). ~ \t shall be the duty of
the Commission on Human Rights (CHR), in coordination with the Office on Muslim Affairs
(OMA) and the National Commission on Indigenous Peoples (NCIP) to prevent or deter the
commission of acts of discrimination and to provide the procedures for the resolution, settlement
or prosecution of acts of discrimination. Towards this end, the CHR shall:

(a) Promulgate appropriate rules and regulations prescribing the procedure for the investigation
of discrimination cases against their people and the administrative sanctions therefore;

(b) Ensure the creation of committees on equal opportunity in different agencies, corporations,
companies and educational institutions, whether private or public; and,

(c) Supervise the agencies, corporations, companies and educational institutions, whether
private or public, in the implementation of this Act.

SEC. 11. Separability Clause. If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions hereof shall not be affected by such
declaration.

SEC. 12. Repealing Clause. Any provision of law or regulations inconsistent herewith is
hereby repealed, revoked or modified accordingly.

SEC. 13. Effectivity. This Act shall take effect fifteen (15) days after its publication in two
(2) newspapers of general circulation.

Approved,