NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
of tije ss'ccrefai;’
SENATE
‘22 JUL-7 P2 37
Introduced by Senator Grace Poe
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, INDIGENOUS, 
RACIAL OR ETHNIC ORIGIN, RELIGIOUS BELIEF OR ACTIVITY, POLITICAL 
INCLINATION OR CONVICTION, SOCIAL CLASS, SEX, GENDER, SEXUAL 
ORIENTATION, SEX CHARACTERISTICS, GENDER IDENTITY, GENDER 
EXPRESSION, 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
EXPLANATORY NOTE
The 1987 Philippine Constitution guarantees equal protection for everyone. 
Article II, Section 10 declares the policy of the State to "promote social justice in all 
phases of national development." Section 11 of the same Article provides that the 
State "values the dignity of every human person and guarantees full respect for 
human rights," while Section 14 thereof imposes on the State the duty to recognize 
the "role of women in nation-building," and to ensure "the fundamental equality 
before the law of women and men."
Additionally, the United Nations Universal Declaration of Human Rights 
(UDHR), which the Philippines is a signatory of, provides for the "recognition of the 
inherent dignity and of the equal and inalienable rights of all members of the human 
family is the foundation of freedom, justice and peace in the world."1 Article 2 of the 
UDHR also provides that everyone is entitled to all the rights and freedoms set forth 
in the said Declaration, "without distinction of any kind such as race, color, sex.
1 Universal Declaration of Human Rights Preamble.


language, religion, political or other opinion, national or social origin, property, birth 
or other status,"
However, despite these exalted principles that the country Is supposed to 
recognize and uphold, the Philippines still faces considerable problems with regard to 
discrimination. For example, back in August 2021, the Yapayao-Isneg Tribe In Ilocos 
Norte were mocked and shamed by several netizens for their ethnic clothes, 
prompting condemnation and response from the National Commission on Indigenous 
Peoples.2 Moreover, despite the country's high score in the Global Gender Gap 
Report3, Filipino women still face considerable challenges and discrimination in 
society, such as during the hiring process or job interviews where one out of six 
women are reportedly being asked by their job interviewers if they have plans to 
have children.4 Lastly, Muslim Filipinos still face extensive discrimination on account 
of their religion, including difficulty in finding employment5 as well as the continuing 
malicious perception of being linked with problems in peace and order.6 These, 
among countless other stories, show that there is still a long way to go in mitigating, 
if not completely eradicating discrimination in our country.
As such, this proposed bill aims to actualize the principles enshrined in the 
Constitution and in international declarations by prohibiting all forms of 
discrimination otherwise rooted in characteristics such as age, indigenous, racial, or 
ethnic origin, religious belief or activity, political inclination or conviction, social class.
2 Mugas, John Michael. (14 August 2021). "NCIP in Ilocos Norte Condemns Discrimination of 
Indigenous People on Social Media". Inquirer.net. Accessed from: 
https;//newsinfo.inquirer.net/1473624/ncip-ln-ilocos-norte-condemns-discriminatlon-of-indigenous- 
people-on-social-media
3 Philippine Commission on Women. (2021). "Philippines Still Best Performing Country in Asia Despite 
Slip by One Notch in Global Gender Gap Ranking". Accessed from: https://pcw.gov.ph/philippines- 
still-best-performing-country-in-asia-despite-slip-by-one-notch-in-global-gender-gap ranking/
4 Australian Aid. (2019). "Eliminating Discriminatory Workplace Practices". Investing in Women.
Accessed from: 
https://investinginwomen.asla/wp-content7upioads/2019/06/eiimlnating-
discrlminatory-workplace-practices-fact-sheet.pdf
5 Rosario, Ben. (21 March 2021). "Muslims Still Face Discrimination, Human Rights Violations - 
Sangcopan". Manila Bulletin. Accessed from: https://mb.com.ph/2021/03/21/musiims-still-face- 
dlscrimination-human-rlghts-violations-sangcopan/
6 Esmaquel II, Paterno. (25 November 2020). "Filipino Muslims Slam Cagayan Governor Over Anti- 
Muslim Remarks". Rappler.com. Accessed from: https://www.rappler.com/nation/filipino-muslims- 
sIam-cagayan-governor-anti-musIim-remarks-november-25-2020/


sex, gender, sexual orientation, sex characteristics, gender identity, gender 
expression, marital or relationship status, disability, HIV status, profession or 
occupation, health status or medical history, language, physical features, and other 
status. Commission of any of the listed discriminatory acts has a corresponding 
penalty.
For easier redress of grievances, existing women and children's desks in all 
police stations shall now accept and act on complaints of discrimination under this 
Bill. The Commission on Human Rights is likewise empowered to investigate, motu 
proprio or on complaint by any person, any act or omission in violation of the law, 
and may issue appropriate legal, preventive, and provisional remedies, among 
others.
Above all, the Bill establishes the duty of every institution, whether public or 
private, to end discrimination and ensure equal opportunity for all, including the 
development of appropriate plans of action to address discrimination and the 
creation of diversity and Inclusion programs and trainings. This Bill provides a clear 
message to the government body as well as to the citizens that the fight against 
discrimination is a shared cause, and one that would need a whole of nation 
approach in order to achieve results.
In view of the foregoing, immediate approval of this bill Is hereby earnestly
sought.
GRACE POE,


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
s. No. 108
of tl)f &:,rrrtni2>
’22 JUL-7 P2 37
Introduced by Senator Grace Poe
RKCEIVto BY.
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, INDIGENOUS, 
RACIAL OR ETHNIC ORIGIN, RELIGIOUS BELIEF OR ACTIVITY, POLITICAL 
INCLINATION OR CONVICTION, SOCIAL CLASS, SEX, GENDER, SEXUAL 
ORIENTATION, SEX CHARACTERISTICS, GENDER IDENTITY, GENDER 
EXPRESSION, 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.
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Section 1. Short Title. - This Act shall be known as the "Comprehensive Anti-
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Discrimination Act."
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Sec. 2. Declaration of Policy. - It is the policy of the State to work actively for
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the elimination of all forms of discrimination that offend the equal protection clause
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of the Bill of Rights and the State obligations under human rights instruments
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acceded to by the Republic of the Philippines, particularly those discriminatory
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practices based on age, indigenous, racial, or ethnic origin, religious belief or
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activity, political inclination or conviction, social class, sex, gender, sexual
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orientation, sex characteristics, gender identity, gender expression, marital or
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relationship status, disability, HIV status, profession or occupation, health status or
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medical history, language, physical features, or other status.
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Towards this end, the State shall exert efforts to address all forms of
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discrimination and violence and to promote human dignity as enshrined in the United
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Nations Universal Declaration on Human Rights, the Convention on the Elimination
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of All Forms of Discrimination Against Women, particularly on Non-discrimination
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based on sexual orientation and gender identity. Convention on the Rights of the


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Child, International Covenant on Civil and Political Rights, International Covenant on 
Economic, Social and Cultural Rights, International Convention on the Elimination of 
All Forms of Racial Discrimination, Convention on the Rights of Persons with 
Disabilities, International Convention on the Protection of All Migrant Workers and 
Members of Their Families, and the relevant General Comments or 
Recommendations by the concerned United Nations Treaty-Bodies, and all other 
relevant and universally accepted human rights instruments and other international 
conventions to which the Philippines is a signatory of. As such, discriminatory 
practices as defined herein shall be prescribed and penalized.
Sec. 3. Definition of Terms. - For the purposes of this Act, the following shall 
be defined as follows:
a. Disabiiity- 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 
impairment; (3) or 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 the protected attributes, such as age, indigenous, racial, or 
ethnic origin, religious belief or activity, political inclination or conviction, 
social class, sex, gender, sexual orientation, gender identity, gender 
expression, sex characteristics, marital or relationship status, disability, 
HIV status, profession or occupation, health status or medical history, 
language, physical features, or other status, which has the purpose or 
effect of nullifying or Impairing the recognition, employment or exercise, 
on an equal footing, of the political, civil, economic, social, and cultural 
rights. Discrimination also includes incitement to discriminate and 
harassment.
i. 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. 
Indigenous, racial, or ethnic origin, religious belief or activity, 
political inclination or conviction, social class, sex, gender, sexual


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orientation, fender identity, gender expression, sex characteristics, 
marital or relationship status, disability, HIV status, profession or 
occupation, health status or medical history, language, physical 
features, and other status. Direct discrimination also Includes 
detrimental acts or omissions on the basis of prohibited grounds 
when there is no comparable similar situation, 
ii. Indirect Discrimination occurs where a neutral policy, condition, 
practice, or requirement, which appears neutral on Its face, is 
imposed which has the effect of disadvantaging a person 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.
c. 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;
d. Ethnic Origin - includes race, national origin, and ethno-linguistic origin;
e. Empioyment- 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 all employees regardless of their 
status of empioyment. In legitimate contracting arrangements, the 
contractor/subcontractor shall be deemed the employer of the contractual 
employee. For purposes of this Act, the terms of employment and 
occupation shall include access to vocational training, access to 
employment and to particular occupations, and terms and conditions of 
employment;


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f. Gender- refers to a social construct used to categorize a person as man, 
woman, or other identity which is usually based on one's sex assigned at 
birth;
g. Gender Expression - refers to the way a person communicates gender 
identity to others through behavior, clothing, hairstyles, communication or 
speech pattern, or body characteristics;
h. Gender Identity- refers to a person's innermost concept of self as man, 
woman, or another non-binary identity, which may or may not correspond 
with the sex assigned at birth;
i. 
HIV Status - refers to the presence or absence of the human 
immunodeficiency virus (HIV) in the body of an individual;
j. Indigenous Cuiturai Communities/Indigenous Peopies (ICCs/IPs) - shall, 
as provided under Section 3(h), Chapter II or Republic Act No. 8371 or 
"The Indigenous Peoples' Rights Act of 1997" (IPRA), refer to a group of 
people or homogenous societies identified by self-ascription and ascription 
by others, who have continuously lived as an organized community on 
communally bounded and defined territory, and who have, under claims of 
ownership since time immemorial, occupied, possessed, and utilized such 
territories, sharing common bonds of language, customs, traditions, and 
other distinctive cultural traits, or who have, through resistance to 
political, social, and cultural Inroads of colonization, non-indigenous 
religions and cultures, became historically differentiated from the majority 
of Filipinos. 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;
k. Bangsamoro Peopie - are those who, at the advent of the Spanish 
colonization, were considered natives or original inhabitants of Mindanao


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and the Sulu archipelago and Its adjacent lands, whether of mixed or full 
blood, shall have the right to identify themselves, their spouses and 
descendants, as Bangsamoro;
l. 
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;
m. Marginaiization - refers to a condition where a whole category of people is 
excluded from useful and meaningful participation in political, economic, 
social, and cultural life;
n. Musiims - refer to those who are followers of Islamic faith, whether from 
birth or by conversion;
0. Maritai or Reiationship Status - refers to the personal status of each 
Individual in relation to the marriage laws or customs of the country;
p. Occupation - refers to a line of work, job, or profession;
q. Persons with Disabiiities - include those who have long-term physical, 
mental, intellectual, or sensory Impairments which in interaction with 
various barriers may hinder their full and effective participation in society 
on an equal basis with others;
r. Physicai 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;
s. Poiiticai Inciination - refers to a person's preference as regards 
membership or belief in a particular political party, organization, or 
ideology. It covers both the holding and not-holding of opinions, as well as 
expression of views or membership within opinion-based associations, 
trade unions, or political parties;
t. Profession - refers to a lawful occupation which requires specialized 
knowledge and often long and intensive academic preparation;
u. Profiiing - means relying on the prohibited grounds of discrimination in 
subjecting a person, natural or juridical, or group of persons. Including any


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type of societal relations, to investigatory activities, which include but Is 
not limited to the following: (1) 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; or (2) recording and 
analyzing a person's psychological and behavioral characteristics to make 
generalizations about a person's protected attributes or to assist in 
identifying a particular subgroup of people's protected attributes;
V. Reasonable Accommodation - means necessary and appropriate 
modification and adjustments not imposing a disproportionate or undue 
burden, where needed in a particular case, to ensure to persons with 
disabHities the enjoyment or exercise on an equal basis with others of all 
human rights and fundamental freedoms;
w. 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;
X. Sex - refers to the civil status of a person acquired by birth, having a 
system of reproduction corresponding to that belonging to male, female, 
or intersex;
y. Sex Characteristics - refers to a person's physical traits that indicate their 
biological sex, such as chromosomes, external genitalia, gonads, 
hormones, and internal reproductive organs. Traits present at birth are 
called primary sex characteristics, whereas those that develop during 
puberty are called secondary sex characteristics;
z. Sexual Orientation - refers to a person's physical, romantic, and/or 
emotional attachment to other people. It refers to the direction of 
emotional, sexual attraction, or conduct towards people of the same 
gender (homosexual orientation), or towards people of more than one 
gender (bisexual orientation), or towards people of different gender 
(heterosexual orientation), or to the absence of sexual orientation 
(asexual attraction), among others;


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aa. Social Class - refers to groupings of individuals usually based on wealth,
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educational attainment, occupation, income, and membership In a
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subculture or social network;
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bb. Stigma - refers to the dynamic devaluation and dehumanization of an
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individual In the eyes of others which may be based on attributes that are
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arbitrarily defined by others as discreditable or unworthy, and which result
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in discrimination when acted upon;
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cc. Vulnerable communities- refers to communities or sectors that encounter
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stigma and discrimination based on the grounds enumerated in Section 4;
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and
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dd. Other Status- refers to other forms of differential treatment or grounds of
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discrimination which either undermines human dignity, causes or
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perpetuates systematic disadvantage, or adversely affects the equal
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enjoyment of a person's rights and freedoms in a serious manner that is
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comparable to the protected attributes enumerated in Section 4 of this
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Act. These grounds include, but are not limited to the following:
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association and relation with persons with protected attributes, pregnancy
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or maternity/paternity status, family responsibilities, health status or
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medical condition, or criminal record.
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Sec. 4. Prohibited Grounds for Discrimination/ Protected Attributes. -
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Discrimination that is directly or indirectly based on the actual or perceived
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characteristics, which Include age. Indigenous, racial or ethnic origin, religious belief
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or activity, political inclination or conviction, social class, sex, gender, sexual
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orientation, sex characteristics, gender identity, gender expression, marital or
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relationship status, disability, HIV status, lawful profession or occupation, health
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status or medical history, language, physical features, or other status is prohibited.
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For purposes of this Act, these personal characteristics shall be collectively termed
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as "protected attributes".
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The protected attributes that may be subjected to differentiation or any form
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of discrimination shall be interpreted in their most common or universal definitions
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and with due regard to the promotion of meaningful implementation of non-
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discrimination policy.


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In determining whether a person is distinguished by one or more of the
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protected attributes, identification, shall, if no justification exists to the contrary, be
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based upon self-identification by the individual concerned. Membership also includes
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association with a group characterized by one of the prohibited grounds or
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perception by others that an individual is part of such a group.
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Sec. 5. Acts of Discrimination, UniawfuL - Subject to Section 7 of this Act, the
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acts of discrimination include, but are not limited to, the following:
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a. Inflicting stigma - it shall be unlawful for any person to commit any acts that
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promote, encourage, inflict, and perpetuate stigma based on the grounds
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referred to in Section 4. Content in the media, including social media. In
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educational textbooks, or in other medium that aims to promote, encourage,
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inflict, and perpetuate stigma is likewise prohibited;
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b. Inciting violence or sexual abuse - it shall be unlawful to incite violence or
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sexual abuse against any person or group on the basis of the grounds
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referred to in Section 4;
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c. Denial of political, civil, and cultural rights - it shall be unlawful to deny a
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person enjoyment of political, civil and cultural rights based on the grounds
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referred to Section 4;
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d. Denial of right to education - it shall be unlawful for any person to:
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1. Refuse admission or expel a person from any educational or training
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institution on the basis of the grounds defined in Section 4, without
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prejudice to the right of educational or training institutions to
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determine the academic qualifications of their students or trainees;
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■ 2. Grant or refuse to grant honors, scholarship/s, or other forms of
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assistance on the basis of the grounds defined in Section 4;
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3. Impose disciplinary sanctions, penalties harsher than customary, or
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similar punishments, requirements, restrictions, or prohibitions that
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infringe on the rights of the students on the basis of the grounds
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identified in Section 4;
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4. Fail to make reasonable efforts to make facilities accessible to persons
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with disabilities; or


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II.
III.
5. Subject a person to any act of discrimination and intolerance related to 
education and training.
This 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 
against his or her parents or legal guardians, 
e. Denial of right to work -
1. It shall be unlawful for any employer or head of a firm, company, or 
organization to:
i. Refuse or fail to employ a person for work of any type or kind 
which is available and for which the person is qualified, or 
impose on the person onerous terms and conditions, on the 
basis of the protected attributes under Section 4 of this Act;
Fail to take reasonable efforts to make facilities accessible to 
persons with disabilities;
Deny or limit access of an employee to the same terms and 
conditions of work, opportunities for training, transfer or 
promotion, or to other benefits connected with employment, as 
are made available for other employees having the same 
qualifications and employed in the same circumstances or work 
of the same kind or type, or impose on the person onerous 
terms and conditions, on the basis of the protected attributes 
under Section 4 of this Act; or
dismiss, demote, reassign, or transfer an employee on the basis 
of the protected attributes under Section 4 of this Act, or 
subject an applicant for employment or an employee to any act 
of discrimination on account of his hiring or employment;
2. It shall be unlawful for any person acting as job contractor or 
recruitment or placement agency, or agent in procuring workers for a 
principal or an employer to treat an applicant seeking employment less 
favorably than another person in the same circumstances who is 
likewise seeking employment on the basis of the protected attributes 
under Section 4 of this Act.
IV.


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3. It shall likewise be unlawful for any person to:
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i. Deny employment in government institutions, including police
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and military service, based directly or indirectly on the grounds
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referred to in Section 4;
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ii. Refuse to enter into contract or agreement with persons or
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group of persons based solely or partly on the grounds provided
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in Section 4; or
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iii. Deny an application for or revoke a professional license issued
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by the government directly or indirectly due to the grounds
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included in Section 4.
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f. penial of access to goods and services - it shall be unlawful for any person
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to:
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1. Deny a person, solely on the basis of the grounds in Section 4, of
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goods and services available to the general public, such as but not
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limited to, private and public insurance, housing and other forms of
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accommodation, and medical and clinical services; Provided, That to
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impose onerous or less favorable terms and conditions not otherwise
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offered to others in the same circumstances for the access of such
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goods is considered tantamount to discrimination;
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2. Refuse entry to or evict a person from any establishment, facility or
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utility that is open to the general public, such as but not limited to,
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i restaurants, bars, hotels, shopping malls, solely or partly on the basis
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of the grounds listed in Section 4: Provided, That to impose onerous or
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less favorable terms and conditions not otherwise offered to others in
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the same circumstances for the access of such public services is
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tantamount to discrimination; or
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3. Cause undue and unjust deferral of services or provision of inferior
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services to persons due to the grounds in Section 4; and
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4. There is discrimination if the acts above are committed against
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organizations or groups of persons based on the grounds identified in
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Section 4.
10


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g. Denial of right to organize - it shall be unlawful to prohibit, prevent, or revoke
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the accreditation, formal recognition, and/or registration of any organization,
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group, political party, institution or establishment. In educational institutions,
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workplaces, communities, and other settings, based partly or solely on the
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grounds provided for In Section 4. Discrimination is also committed when
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additional requirements beyond the customary are imposed directly or
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indirectly due to the grounds stipulated in Section 4;
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h. Inflicting harm on health and well-being - it shall be unlawful to subject any
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person, without full, free, informed, and prior consent, to any unnecessary
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medical or physical examination, psychological treatment, faith based
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practices, and other similar procedures based solely or partly on any of the
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grounds referred to in Section 4 that aim to change identity or physical
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attributes or impose behavior or expressions;
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i. Engaging in profiling- it shall be illegal for any person, including members of
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the military and law enforcement agencies, to engage in profiling based solely
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or partly on the grounds included in Section 4. For the purposes of
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investigation, application for or access to public or private medical and other
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health services, including private and public health insurance and HMO-
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provided medical plans, and other acts which have the intention or effect of
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nullifying or impairing the recognition, enjoyment, or exercise, on an equal
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footing, of political, civil, economic, social, or cultural rights;
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j. Abuses by State and Non-State actors - it shall be unlawful for any
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government agency, including local government units, police, military, and
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immigration agencies, to harass verbally or physically, to curtail freedom of
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movement, or to extort from a person or a group of persons on the basis of
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the grounds stipulated in section 4. This prohibition applies to similar abuses
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committed by private actors;
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k. Detention and confinement - It shall be unlawful to detain and confine a
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person or group of persons based directly or indirectly on the grounds under
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Section 4;
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I. Inciting hatred or violence - It shall be unlawful to incite hatred or violence
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based on any of the grounds Included in Section 4, by use of words or
11


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behavior, such as but not limited to delivering speeches or making utterances,
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doing acts of hatred or violence against another person, or mocking or
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ridiculing another, or display of written material, publishing or distributing
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written material; the public performance of a play; distributing, showing or
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playing a recording; broadcasting or including a program in a program
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service, and possession of inflammatory material: Provided, That the test to
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determine incitement to hatred or violence should be whether the speech or
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work, taken as a whole, lacks serious literary, artistic, political, or scientific
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value;
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m. Denial of right to expression - It shall be unlawful to deny a person of his
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freedom of opinion and expression based on the grounds included in Section
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4. This Includes the expression of identity or personhood through speech,
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deportment, dress, bodily characteristics, choice of name, or other means, as
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well as the freedom to seek, receive, and impart information and ideas of all
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kinds through any medium;
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n. Retaliation and coercion - No person, whether natural or juridical, shall
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discriminate against an individual who made a charge, assisted, testified,
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and/or participated in in any means regarding an investigation, proceeding,
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and/or hearing under this Act. No person, whether natural or juridical, shall
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coerce, intimidate, threaten, and/or harass any individual regarding the
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latter's exercise or enjoyment of any right granted and/or protected under
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this Act;
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0. Denial of right against wrongful portrayal - It shall be unlawful for any person
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to portray. Intimate, depict, or describe in learning institutions, instructional
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materials, teaching devices, books, and reference materials, especially in
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civics and history, and in mass media, including social media, certain
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individuals and/or group/s as Inferior, or encouraging the commission of any
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of the acts of discrimination against any person and/or group as provided in
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this Act: Provided, That the test to determine wrongful portrayal should be
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whether the work, taken as a whole, lacks serious literary, artistic, political, or
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scientific value. Information regarding the dignity and diversity of the
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cultures, traditions, histories, and aspirations of the ICCs/IPs should be
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appropriately reflected in all forms of education, public information, cultural- 
educational exchange, and information education campaigns including the use 
of social media platforms; and
р. 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 commit 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.
The failure or refusal to act of a head or agency or government official or 
employee, or any person whose duty is to prosecute or otherwise act on a complaint 
for violation of this Act shall be deemed prima facie as sanctioning the discriminatory 
act on the part of said head of agency, official, or employee, and the latter shall 
consequently be held equally liable for discrimination under this Act.
All government officers and workers are obliged to promote non­
discrimination in the discharge of their duties and responsibilities.
Sec. 7. Exceptions. - Any action or conduct, otherwise prohibited under 
Sections 4 and 5 of this Act, shall not be unlawful and shall not be considered as 
discrimination:
a. Where any of the protected attributes is a bona fide occupational qualification 
(BFOQ) reasonably necessary to the normal operation of the particular 
business or where the differentiation is based on reasonable factors;
b. Where distinction, exclusion, or preference in respect of a particular job is 
based on inherent requirement, which is a proportionate means of achieving a 
legitimate aim;
с. Deeply held fundamental religious doctrines, dogma, or beliefs of a person or 
of a Body established exclusively for religious purposes require or compel
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such person or Body to perform acts or practice necessary to avoid injury to 
the religious sensitivities of adherents of that religion: Provided, That such 
acts or practices should be In accordance with law, public order, or public 
policy;
d. Where the act or omission is done in good faith for the purpose of assisting or 
advancing a person or group of persons who need or may reasonably be 
supposed to need assistance or advancement in order to achieve an equal 
place in society with other members of the community (Measures of Equality 
or Affirmative Action Program); or
e. Where a difference in treatment based on a protected attribute is reasonable 
and objective and if the aim is to achieve a legitimate purpose.
The exceptions shall be without prejudice to the existing laws prohibiting 
discrimination on account of the protected attributes such as State principles and 
mandates underscored in R.A. No. 7277, as amended, entitled, "Magna Carta for 
Disabled Persons", R.A. No. 8371 entitled, "The Indigenous Peoples' Rights Act of 
1997", R.A. No. 9710 entitled, "The Magna Carta of Women", R.A. No. 10911 
entitled, the "Anti-Age Discrimination in Employment Act", and P.D. No. 442, as 
amended, entitled "Labor Code of the Philippines".
Sec. 8. Penalties. - The penalty of not less than nine (9) months but not more 
than twelve (12) years imprisonment or a fine of not less than One Hundred 
Thousand Pesos (P100,000.00) but not more than Five Hundred Thousand Pesos 
(P500,000.00), or both, upon the discretion of the Court.
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. If the offender is a direct ascendant or descendant, a relative within the 
fourth degree of consanguinity or affinity, a step-parent or a step-child, or a 
guardian or a ward of the victim;
c. If 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;
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d. If the offender is a public official, officer, or employee: Provided, That the 
penalty of suspension shall 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. An accessory penalty of perpetual disqualification to hold public 
office is likewise imposed on the public official, officer, or employee.
If the person liable for the discriminatory act is a juridical person, an 
accessory penalty of cancellation of certificate of registration and/or license shall be 
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.
In addition, the court may require the offender to render community service, 
which shall include attending seminars that advocate anti-discrimination agenda, 
such as gender and culture sensitivity training, human rights education, 
familiarization with and exposure to the plight of the victims, or any of the 
circumstances enumerated under this act.
Nothing In this Act shall preclude the victim from instituting a separate and 
independent action for damages and other affirmative reliefs.
The Administrative remedies provided under this Act do not bar prosecution 
of 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 the discrimination committed shall be considered as an aggravating 
circumstance.
Sec. 9. Redress Mechanisms for Discrimination Cases. - 
a. Inclusion of Discrimination Concerns in Ail Police Stations. - The Women and 
Children's Desks now existing in all police stations shall also act on and attend 
to complaints/cases covered by this Act. In this regard, the police officers
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handling said desks shall undergo trainings on human rights and sensitization 
on the Issues of violence and abuse on the basis of the grounds referred to in 
this Act. Complainant-minors can be represented by parents, guardians, social 
workers, or a non-government organization of good standing and reputation.
b. Inter-agency Technical Committee. - An Inter-agency Technical Committee 
composed of the Commission on Human Rights (CHR) as the lead agency, 
and representatives from the Department of Justice (DOJ), National 
Commission on Indigenous Peoples (NCIP), National Commission on Disability 
Affairs (NCDA), National Commission on Muslim Filipinos (NCMF), Philippine 
Commission on Women (PCW), National Youth Commission (NYC), Civil 
Service Commission (CSC), Department of Labor and Employment (DOLE), 
Department of the Interior and Local Government (DILG), Department of 
Education (DepEd), Commission on Higher Education (CHED), Technical 
Education and Skills Development Authority (TESDA), Department of Health 
(DOH), Armed Forces of the Philippines (AFP), and the Philippine National 
Police (PNP), shall be constituted and shall act as an advisory and 
recommendatory body on establishing developmental programs that will 
promote non-discrimination and management of diversity, in consultation with 
civil society organizations with proven expertise and track record on concerns 
regarding the protected attributes under Section 4, and other stakeholders.
c. Role of the Civil Service Commission (CSC). - The CSC, in consultation with 
the Inter-agency Technical Committee, shall modify the existing rules on 
grievance machinery to address discriminatory practices committed in, and by 
officers or employees of, government agencies, instrumentalities, and in 
government-owned-and-controlled corporations (GOCCs) and other offices 
under Its jurisdiction.
d. Role of the Department of Labor and Employment (DOLE). - The DOLE, in 
consultation with the Inter-Agency Technical Committee, shall promulgate the 
rules and regulations necessary to enhance anti-discrimination protection in 
workplaces, including the establishment of a grievance mechanism to address 
discriminatory practices committed in the workplace.
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Sec. 10. Programs to Promote Non-Discrimination and Diversity. - It shall be
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the duty of every person, natural or juridical, public or private, to ensure non-
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discrimination and equal opportunity for all persons in relating to actual or
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prospective employees, students, tenants, customers or clients, and that no
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discriminatory acts, as defined herein, is committed by them or their agents in the
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areas defined under Section 5 of this Act.
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The State shall endeavor to eliminate all forms of discrimination and shall
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therefore pursue initiatives and programs that seek to enable an environment free of
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stigma and discrimination, including ensuring reasonable accommodation is provided
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for disadvantaged and marginalized sectors. It shall direct the machinery and
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resources of the State to ensure non-discrimination and promote equality and shall
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encourage other sectors of the society to engage and participate in these efforts.
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The Inter-Agency Technical Committee shall, by rules and regulations and in
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consultation with the Bureau of Internal Revenue (BIR), develop, prescribe and
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administer incentive and award schemes to encourage public and private
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establishments to provide programs that promote non-discrimination and contribute
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to the empowerment of vulnerable and marginalized groups. It shall ensure the
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establishment of the following programs:
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a. Sociai Protection Program - The national government shall ensure the
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integration of the communities affected by or vulnerable to stigma and
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discrimination into government-run social programs.
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b. Diversity and Inciusion Programs and Trainings - All government agencies,
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including government-owned-and-controlled corporations, local 
government
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units (LGUs), and private establishments and entities shall develop plans of
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action to address discrimination and establish diversity and sensitivity
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programs to ensure that discrimination and abuse are prevented and
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addressed. They shall:
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1. Create an internal redress mechanism to address cases of
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discrimination and grant administrative remedies or sanctions for such
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cases;
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2. Conduct human rights education and training programs for public
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officials, including judges and candidates for judicial appointments, In
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coordination with the CHR. DepEd and CHED, in particuiar, shali 
integrate teaching on the principles of equality and non-discrimination 
in formal and non-formal inclusive and multicultural education, with a 
view of dismantling notions of superiority or inferiority based on 
protected attributes and to promote dialogue and tolerance between 
different groups in society; and
3. Endeavor to provide or conduct human rights education, gender 
sensitivity, and culture sensitivity training programs for their staff, 
employees, students and trainees, and constituents to ensure that 
discrimination and abuse are prevented in their institutions.
c. Monitoring and evaluation. - All government agencies and instrumentalities 
shall monitor the implementation of measures to promote non-discrimination 
and equality. Monitoring shall assess both the steps taken and the results 
achieved in the elimination of discrimination. Annual reports in this regard 
shall be submitted to Congress and the CHR.
d. Disaggregation of data. - All government agencies and instrumentalities shali 
ensure that all national strategies, policies, and plans shall use appropriate 
indicators and benchmarks, disaggregated on the basis of the prohibited 
grounds of discrimination. The rights of Individuals or groups of individuals, 
who may be distinguished by one or more of the prohibited grounds, to 
participate in the decision-making processes over the selection of measures to 
promote non-discrimination and diversity shall always be upheld by the 
government In the implementation of the programs enumerated above.
e. Information and Education Campaign. - All government agencies and 
instrumentalities are mandated to develop and Implement information 
dissemination on any of the prohibited forms of discrimination. They shall 
endeavor to produce and publish information campaign materials on 
discrimination.
f. Affirmative Action. - The State shall develop a system of affirmative actions 
towards protecting the rights of IPs, other cultural minority groups, and other 
vulnerable groups. Support and protection for research and development and 
learning materials on cultural heritage preservation and sensitivity for other
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vulnerable groups shall be provided to all State Universities and Colleges. All 
entities, agencies, corporations, companies, organizations, and 
educational/training institutions, whether private or public, shall ensure the 
implementation of this section.
Sec. 11. 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 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 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 other 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.
The CHR, consistent with Its mandate under this Act, shall designate a focal 
commissioner and/or create an Anti-Discrimination Center/Office to be primarily 
responsible for formulating and implementing programs and activities relating to the 
right of ail persons against discrimination, including the investigation and handling of 
complaints of violations of this Act.
Notwithstanding the foregoing provisions, NCIP shall have exclusive 
jurisdiction over the conduct of investigations on the basis of complaints filed by
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ICCs/IPs against natural or juridical persons believed to have violated ICCs/IPs 
rights.
Sec. 12. Administrative Proceedings and Sanctions Against Public Officials and 
Employees. - Pursuant to Section 11 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-controiled 
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 local 
chief executive.
Notwithstanding the foregoing provisions, NCIP shall have exclusive 
jurisdiction over the conduct of investigations on the basis of complaints filed by 
ICCs/IPs against natural or juridical persons believed to have violated ICCs/IPs 
rights.
Sec. 13. 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.
Notwithstanding the foregoing provisions, NCIP shall have exclusive
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jurisdiction over the conduct of investigations on the basis of complaints filed by
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ICCs/IPs against natural or juridical persons believed to have violated ICCs/IPs
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rights.
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Sec. 14. Joint Congressional Oversight Committee. - A Joint Congressional
31 
Oversight Committee on Anti-Discrimination (JCOC-AD) is hereby created for the
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purpose of monitoring and evaluating the effective implementation of this Act as well 
as other Acts that affect the right of persons against discrimination.
The JCOC-AD shall be composed of five members each from the Senate and 
the House of Representatives.
The Senate Panel shall be composed of the Chairperson of the Committee on 
Social Justice, Welfare and Rural Development as Chairperson of the Senate Panel, 
the Chairperson of the Committee on Women, Children, Family Relations and Gender 
Equality, the Chairperson of the Committee on Cultural Communities, and the 
remaining seats to other members of the Senate regardless of the Committee with 
at least one member from the minority.
The House of Representatives Panel shall be composed of the Chairperson of 
the Committee on Human Rights as Chairperson of the House of Representatives 
Panel, the Chairperson of the Committee on Women and Gender Equality, the 
Chairperson of the Indigenous Cultural Communities and Indigenous Peoples, and 
the remaining seats to other members of the House of Representatives with at least 
one member from the minority.
All government agencies shall submit to the JCOC-AD annual reports on the 
monitoring and evaluation of measures to promote non-discrimination and equality 
which shall include recommendations for Congress.
The JCOC-AD shall convene regularly, at least once a year, to review the 
annual reports from government agencies and to evaluate the effectivity and 
effective implementation of this Act and other relevant Acts. It shall invite the Inter­
agency Technical Committee in ail its meetings.
The JCOC-AD shall submit a report to Congress on its review and evaluation 
of relevant Acts and its recommendations.
Sec. 15. Implementing Rules and Regulations. - The Inter-Agency Technical 
Committee, in consultation with appropriate civil society organizations and other 
stakeholders, shall promulgate the necessary implementing rules and regulations 
within ninety (90) days from the effectivity of this Act.
Sec. 16. Separability Clause. - Should any provision of this Act or part hereof 
be declared unconstitutional, the other provisions or parts not affected thereby shall 
remain valid and effective.
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Sec. 17. Repealing Clause. - This Act shall be without prejudice to the 
existing special laws prohibiting discrimination on account of the protected attributes 
such as State principles and mandates underscored in R.A. No. 7277, as amended, 
entitled, "The Magna Carta for Disabled Persons", R.A. No. 8371 entitled, "The 
Indigenous Peoples' Rights Act of 1997", R.A. No. 9710 entitled, "The Magna Carta 
of Women", R.A. No. 10911 entitled the "Anti-Age Discrimination in Employment 
Act", and P.D. No. 442, as amended, entitled "Labor Code of the Philippines".
All other laws, decrees, orders, and issuances, or portions thereof, which are 
inconsistent with the provisions of this Act, are hereby repealed, amended, or 
modified accordingly.
Sec. 18. 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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