w
SEVENTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
r. l -c •- 
0. >0*
SENATE 
Senate Bill No.
*17 
NOV 22 
A 9 :5 0
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCIT
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF ETHNICITY, 
RACE, RELIGION OR BELIEF, SEX, GENDER, SEXUAL ORIENTATION, 
GENDER IDENTITY, GENDER EXPRESSION, CIVIL STATUS AND HIV 
STATUS, AND PROVIDING PENALTIES THEREFOR
EXPLANATORY NOTE
The 1987 Philippine Constitution under Article 111, Section 1, 2, 4, 8, 12 
states that every person has the right to life, security of person and privacy, 
right to be free from torture, arbitrary arrest and detention, the right to be free 
from discrimination and the right to freedom of expression, and tlie right to 
organize associations. Furthermore, under Section 11, the State values the 
dignity of every person and guarantees full respect for human rights.
Likewise, the Philippines is a signatory to numerous international 
agreements that protects the same rights. As provided in Articles 3 and 5 of 
the Universal Declaration of Human Rights, everyone has the right to life, 
security of person and privacy, the right to be free from torture, arbitrary 
arrest and detentitui, the right to be free from discrimination and the right to 
freedom 
of expression, and 
association. Similarly, 
the International 
Convention on Civil and Political Rights (ICCPR) in Article 6 affirms that the 
inherent right to life of eveiy person shall be protected by law and that no 
person should be arbitrarily deprived of life.
To borrow the words of Nelson Mandela that to deny people their 
human rights is to challenge their very humanity. Truly, no one should suffer 
discrimination on the basis of ethnicity, gender, sex, age, sexual orientation, 
gender identity, gender expression, civil status and HIV status or other status 
as established by human rights standards.
This bill addresses the long standing problem of the lack of definition 
and penalty for unjustly discrimination on the basis of ethnicity, race, religion


or belief, sex, gender, sexual orientation, gender identity, gender expression, 
civil status, medical condition, or any other status.
Thus, the early passage of this bill is earnestly sought.
JOSEPH VICTOR G. EJERCITO


SEVENTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
'r'I 'it r i:i I. C
SENATE 
Senate Bill No.
•17 
NOV 22 
A 9 5 0
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF ETHNICITY, 
RACE, RELIGION OR BELIEF, SEX, GENDER, SEXUAL ORIENTATION, 
GENDER IDENTITY, GENDER EXPRESSION, CIVIL STATUS AND HIV 
STATUS, AND PROVIDING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assenibled:
1 
Section 1. Short Title- This bill shall be known as the "Anti-
2 
Discrimination Act of 2017."
3 
Section 2. Declaration of Policies- it is the policy of the state to work
4 
actively for the elimination of all forms of discrimination that offends the
5 
equal protection clause of the Bill of Rights and the State obligations under
6 
human rights instruments acceded to by the Republic of the Philippines,
7 
particularly those discriminatoiy practices based on sex or sexual orientation.
8 
Towards this end, discriminatory practices as defined herein shall be
9 
proscribed and penalized.
10 
Section 3. Definition of Terms- For the purposes of this Act, the following
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terms shall mean:
12 
a. Discrimination- any distinction, exclusion, restriction or preference
13 
or other differential treatment that is directly or indirectly based on ethnicity,
14 
race, religion or belief, sex, gender, sexual orientation, gender identity, gender
15 
expression, and HIV status, which has the intention or effect of nullifying or
16 
impairing the recognition, enjoyment or exercise, on an equal footing, of
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political, civil economic, social and cultural rights. Discrimination also
18 
includes incitement to discriminate and harassment.
19 
b. Education and Training- all types and levels of education, training,
20 
and other avenues for learning and includes access thereto, the standard and
21 
quality thereof and the conditions under which the same is given.


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c. Ethnic Origin- race, national origin, or ethno-linguistic origin.
2 
d. Employment- all terms, conditions, privileges relating to work in
3 
public and private institutions, including recruitment policies, application
4 
procedures, training, incentives, compensation, determination of benefits or
5 
allowances, promotion, advancement opportunities, transfer, and dismissal.
6 
Tills definition shall apply to regular, probationary, casual, contractual,
7 
fixed-term, and seasonal workers. In legitimate contracting arrangements, the
8 
contractor/subcontractor shall be deemed the employer of the contractual
9 
employee.
10 
e. Gender Identity- the personal sense of identity or expression as
11 
characterized, among others, by manners of clothing, inclinations, and
12 
behaviour in relation to masculine or feminine conventions. As person may
13 
have a male or female identity with the physiological characteristics of the
14 
opposite sex.
15 
f. Gender Expression- the outward manifestations of the cultural traits
16 
that enable a person to identify as male or female according to patterns that, at
17 
a particular moment in history, a given society defines as gender appropriate.
18 
g. 
HIV 
Status- 
the 
presence 
or 
absence 
of 
the 
Human
19 
Immunodeficiency Virus (HIV) in the body of an individual.
20 
h. Indigenous Peoples- a group of people or homogenous societies
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identified by self-ascription and ascription by others, who have continuously
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lived as organized community on communally bounded and defined territory,
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and who have, under claims of ownership since time immemorial, occupied,
24 
possessed and utilize such territories, sharing common bonds of language,
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customs, traditions and other distinctive cultural traits, or who have, through
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resistance 
to 
political, 
social 
and cultural 
inroads of colonization,
27 
nonindigenous religions and cultures, became historically differentiated from
28 
the majority of Filipinos.
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Indigenous Peoples shall likewise include peoples who are regarded as
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indigenous on account of their descent from the populations which inhabited
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the country^ at the time of conquest or colonization, or at the time of inroads
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of nonindigenous religions and cultures, or the establishment of present state
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boundaries, who retain some or all of their own social, economic, cultural and
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political institutions, but who may have been displaced from their traditional
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domains or who may have resettled outside their ancestral domains;
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i. Profiling- relying on the prohibited grounds of discrimination in
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subjecting a person or group of persons to investigatory activities, which
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include unnecessary, unjustified, illegal, and degrading searches, questioning
39 
or other investigatory activities, in determining whether an individual is


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engaged in an activity presumed to be unlawful, immoral, or socially
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unacceptable.
3 
j. Religious Belief- the profession or non-profession of religion or belief
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of one's choice that may be publicly or privately manifested in worship,
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observance, practice and teaching.
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k. Sexual Orientation- the direction of emotional sexual attraction or
7 
conduct. This can be towards people of the same sex (liomosexual
8 
orientation), towards people of both sexes (bisexual orientation), towards
9 
neither, or towards people of the opposite sex (heterosexual orientation) or
10 
towards everyone.
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1. Stigma- the dynamic process of devaluation that significantly
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discredits an individual In the eyes of others. When stigma is acted upon, the
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result is discrimination.
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m. Vulnerable communities - communities or sectors that encounter
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stigma and discrimination based on the grounds enumerated in Section 4.
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Section 4. Prohibited Grounds for Discrimination- For the purposes of tliis
17 
Act, discrimination that is indirectly based on the actual or perceived
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ethnicity, race, religion or belief, political inclination, social class, sex, gender,
19 
sexual orientation, gender identity, gender expression, civil status, disability,
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HIV status, health, medical, language, physical features or other status in
21 
prohibited.
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Section 5. Discriminator}/ Acts- The following acts shall be prohibited:
23 
a. Inflicting stigma- it shall be unlawful for any person to commit
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any acts that promote and encourage stigma based on the
25 
grounds referred to in Section 4.
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b. Denial of political, civil, and cultural rights- it shall be unlawful
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to deny a person enjoyment of political, civil and cultural rights
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based on the grounds referred to Section 4.
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c. Denial of right to education- it is unlawful for any person to:
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1. Refuse admission or expel a person from any educational or
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training institutions on the basis of tlie grounds defined in
32 
Section 4, without prejudice to the right of educational or
33 
training institutions to determine the academic qualifications
34 
of tlieir students or trainees;
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2. Impose disciplinary sanctions, 
penalties harsher than
36 
customary 
or 
similar 
punishments, 
requirements,
37 
restrictions, or prohibitions that infringe on the rights of the
38 
students on the basis of the grounds identified in Section 4.


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This prohibition extends to acts committed against a student or trainee
2 
to discriminate his or her parents or legal guardians based on grounds
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referred to in Section 4.
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d. Denial of right to work- it is unlawful for any person to:
5 
1. Use the grounds in Section 4 or require the disclosure thereof
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in the selection, promotion, and termination of workers, and
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in the determination of compensation, training, incentives,
8 
privileges, benefits or allowances, as well as other terms and
9 
conditions of employment;
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2. Deny employment in government institutions, including
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police and military service, based directly or indirectly on
12 
the grounds referred to in Section 4;
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3. Refuse to enter into contractor or agreement with persons or
14 
group of persons based solely or partly on the grounds
15 
provided 
in Section 4; and
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4. Deny an application for or revoke a professional license
17 
issued by the government directly duo to the grounds
18 
included in Section 4.
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e. Denial of access to goods and services- it is unlawful for any
20 
person to:
21 
1. Deny a person, solely or partly on the basis of the grounds in
22 
Section 4, of goods and services available to the general
23 
public, such as but not limited to private and public
24 
insurance, housing and other forms of accommodation,
25 
medical and clinical services;
26 
2. Refuse entry to or evict a person from any establislunent,
27 
facilities or utilities that are open to the general public, such
28 
as but not limited to restaurants, bars, hotels, shopping
29 
malls, solely or partly on the basis of the grounds listed in
30 
Section 4; and,
31 
3. Cause undue and unjust deferral of services or provision of
32 
inferior services to persons due to the grounds in Section 4.
33 
Tliere is discrimination if the acts above are committed against
34 
organizations or groups of persons based on the grounds identified in Section
35 
4.
36 
f. Denial of right to organize- it shall be unlawful to prohibit,
37 
prevent, or revoke the accreditation, formal recognition, and/or
38 
registration of any organization, group, political party, institution
39 
or establishment, 
in educational 
institutions, 
workplaces,
40 
communities, and other settings, based partly or solely on the
41 
grounds provided for in Section 4.


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g. Discrimination is also committed when additional requirements
2 
beyond the customary are imposed directly or indirectly due to
3 
the grounds stipulated in Section 4.
4 
h. Inflicting harm on health and well-being- it shall be unlawful to
5 
force any person to any medical or physical examination,
6 
psychological treatment, faith-based practices, and other similar
7 
procedures based solely or partly on any of the grounds referred
8 
to in Section 4.
9 
i. Engaging in profiling- it shall be illegal for any person, including
10 
members of the military and law and enforcement agencies, to
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engage in profiling based solely or partly on the grounds
12 
included in Section 4.
13 
j. Abuses by state and non-state actors- it shall be unlawful for any
14 
government agencies, including local government units, police,
15 
military, and immigration, to harass verbally or physically, to
16 
curtail freedom of movement, or to extort from a person or a
17 
group of persons on the basis of the grounds stipulated in Section
18 
4. Tliis is prohibition applies to similar abuses committed by non-
19 
state actors.
20 
k. Detention and confinement- it shall be unlawful to detain and
21 
confine a person or groups of persons based directly or indirectly
22 
on the grounds under Section 4.
23 
1. Other analogous circumstances- Any analogous acts which shall
24 
have the effect or purpose of impairing or nullifying the
25 
recognition, enjoyment, or exercise of the person's human rights
26 
and fundamental freedoms are also prohibited.
27 
Section 6. Exceptions.- Any action or conduct, otherwise prohibited
28 
under Sections 4 and 5 of this Act, shall not be unlawful and shall not be
29 
considered as discrimination:
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35
36
37
38
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42
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a. Where any of the involved protected attributes are bona fide 
occupational qualifications reasonably necessaiy to the normal 
operation of the particular business or where the differentiation is 
based 
on 
reasonable 
factors 
(Genuine 
Occupational 
Qualifications);
b. Where distinction, exclusion, or preference in respect of a 
particular job is based on inherent requirement and requirement 
is a proportionate means of achieving a legitimate aim (Inherent 
Requirement);
c. Where the acts of practices of a body established for religious 
purposes conform to the doctrines, tenets or beliefs of the 
relevant religion or that such acts or practices are necessary to 
avoid injury to the religious sensitivities of adherents of that 
religion;


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d. Where the act or omission is done in good faith for the purpose of 
assisting or advancing a person or group of persons w'ho need or 
may reasonably be supposed to need assistance or advancement 
in order to achieve an equal place in society witli otlier members 
of the community (Measures of Equality or Affirmative Action 
Program).
Section 7. Persons Liable - Any person, natural or juridical, or their 
representatives, including government, government-owned and controlled 
corporations, or any private corporation, institutions or company, who 
knowingly and deliberately commits any of the acts under Section 5, shall be 
liable under this Act.
Any person, natural or juridical, or their representatives, who requests, 
instructs, induces, encourages, authorizes, tolerates, or assists another to 
commits any of the acts under Section 5 shall also be principally liable under 
this Act.
Section 8. Penalties - The penalty of not less than one (1) year but not 
more than six (6) years imprisonment or a fine of not more than Five Hundred 
Thousand Philippine Pesos (PhP500,000.00), or both, in the discretion of the 
court, and taking into consideration the circumstances and gravity of the 
offense.
The penalty provided under this section shall be imposed in its 
maximum period:
a.
b.
c.
d.
If the offender has been previously convicted under this Act;
(b) When the offender is an ascendant, parent, guardian, 
stepparent or collateral relative 
within the second degree of 
consanguinity or affinity of the victim;
When the offender is the manager or owner of an establishment 
which has no license to operate or whenever such license has 
expired or has been previously revoked;
When the offender is a public official, officer or employee: 
provided, that the penalty of suspension shall also be imposed: 
provided, further, that the public official, officer or employee may 
be asked to undergo gender and development training and 
community service during the duration of suspension.
When the offender is a corporation, partnership or association, the 
officer or employee thereof who is responsible for the violation of this Act 
shall suffer the penalty imposed in its maximum period. Tlie corporation shall 
be jointly liable for any fine imposed.
An offender who is a foreigner shall be deported immediately after 
service of sentence and shall be barred entry into the country.


1 
Whenever the courts determine that a fine shall be imposed pursuant to
2 
the criminal case filed under this Act, the fine thus collected shall be remitted
3 
by tlie court to tlie Commission on Human Rights which shall administer the
4 
fund for the assistance of victims of discriminations.
5 
If any crime penalized under the Revised Penal Code is committed in
6 
pursuit of discrimination, the penalty provided under the Revised Penal Code
7 
shall be applied and the discrimination committed shall be considered as an
8 
aggravating circumstances.
9 
Section 9. Enforcoucni - Criminal complaints brought under this Act
10 
shall be filed with the proper court. In addition to the criminal complaint, a
11 
person who has been subjected to any acts of discrimination as defined in this
12 
Act may file a complaint with the Commission on Human Rights. For this
13 
purpose, the Commission on Human Rights may investigate, mohi propria or
14 
on complaint by any persons, acts or omissions in violation of this Act.
15 
In all cases under investigation, the Commission may issue legal and
16 
preventive measures as well as provisional remedies. These measures or
17 
remedies shall include, but are not limited to, general writs of injunction,
18 
restraining orders, status quo ante orders, cease and desist orders, protection
19 
orders or such other orders to protect the life and security of persons, preserve
20 
evidence, protect properties and other consideration to ensure the efficient
21 
investigation of the alleged violation of this Act.
22 
Tlie Commission shall also direct the officer concerned to take
23 
appropriate action against a public officer or employee at fault or who
24 
neglected to perform an act or discharge a duty required under this Act, and
25 
order revocation of license, removal from office or employment, suspension,
26 
demotion, fine, censure, or prosecution, and ensure compliance therewith.
27 
Refusal by any officer without just cause to comply with an order of the
28 
Commission to revoke the license, remove, suspend, demote, fine, censure, or
29 
prosecute an officer or employee who is at fault or who neglects to perform an
30 
act or discharge a duty required under this Act, shall be a ground for
31 
disciplinary action against said officer.
32 
Section 10. Administrative Proceedings and Sanctions Against Public
33 
Officials and Employees - Pursuant to Section 8 of this Act, which makes it a
34 
duty of the Commission on Human Rights to investigate alleged cases of
35 
discrimination, a finding by the Commission on Human Rights that a
36 
department, agency or instrumentality of the government, a govemment-
37 
owned and controlled corporation, or a local government unit has violated
38 
any provision of this Act and its implementing rules and regulations, shall
39 
carry with it a recommendation to the Civil Service Commission and/or the
40 
Department of Interior and Local Government for the imposition of sanctions
41 
under administrative law, civil service, or other appropriate laws. Such


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recommendation shall include tlie names of the person directly responsible for 
the violation, and a statement that the sanctions be imposed upon the person 
directly responsible and the head of the agency or the local chief executive.
Section 11. 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 Commission on Human Rights may 
impose a fine up to Twenty Thousand Philippine Peso (PhP20,000.00), for 
every day that the act of discrimination complained persists.
For purposes of this section and the imposition of the provisional 
remedy of fine, the Commission on Human Rights mas ask the assistance of 
tlie Department of Trade and Industry, the Commission on Higher Education, 
Department of Labor and Employment, Department of Education, and the 
Technical Education and Skills Development Authority.
The fine thus collected shall be for the assistance of victims of 
discrimination.
Section 12. Implementing Rules and Regulations (IRR) - The Commission 
on Human Right, Civil Service Commission, Department of Labor and 
Employment, Department of Interior and Local Government, the Armed 
Forces of the Philippines, Department of Education, Commission on Higher 
Education, 
Technical 
Education 
and 
Skills 
Development 
Authority, 
Department of Justice, Department of Foreign Affairs, Department of Health, 
National Commission on Indigenous Peoples and National Commission on 
Muslim Filipinos shall promulgate the necessary implementing rules and 
regulations within sixty (60) days from the effectivity of this Act. Tliereafter, 
tliis Act shall be fully implemented with or without tlie IRR.
Section 13. Programs to Promote Non-discrimination and Diversity - The 
State shall endeavor to eliminate all forms of discrimination and shall 
therefore pursue initiatives and programs that seek to enable an environment 
free of stigma and discrimination. It shall direct the machinery and resources 
of the State to ensure non-discrimination and promote equality and shall 
encourage other sectors of the society to engage and participate in these 
efforts. It shall ensure the establishments of the following programs:
a.
b.
Social Protection Program- The national government shall 
implement social protection measures for communities affected 
by and vulnerable to stigma and discrimination.
Diversity Programs and policies- All governments agencies, 
government-owned 
and 
controlled 
corporations, 
private 
companies, public and private educational institutions, and other 
entities shall establish diversity programs to ensure that 
discrimination and abuse are prevented. Tliey shall also create an


1 
internal redress mechanism to address cases of discrimination
2 
and grant administrative remedies or sanctions for such cases.
3 
The Civil Service Commission, Department of Labor and Employment,
4 
Department of Interior and Local Government, the Armed Forces of the
5 
Philippines, Department of Education, Commission on Higher Education,
6 
Technical Education and Skills Development Authority, Department of
7 
Justice, Department of Foreign Affairs, and Department of Health shall ensure
8 
the implementation of this section.
9 
Failure of the above agencies to ensure the implementation of this
10 
provision shall be deemed refusal to address discrimination and sliall be
11 
penalized as an analogous act of discrimination.
12 
Section 14. Appropriations - The initial amount necessary to implement
13 
the provisions of this Act shall be charged against the current yeaLs
14 
appropriation of the agencies tasked to implement the provisions of this Act.
15 
Tliereafter, such sums as maybe necessary for the continued implementation
16 
of this Act shall be included in the Annual General Appropriations Act.
17 
Section 15. Implementing Rules ami Regulations - The CHR in
18 
coordination with the Civil Service Commission, Department of Labor and
19 
Employment, Department of Interior and Local Government, the Armed
20 
Forces of tlie Philippines, Department of Education, Commission on Higher
21 
Education, 
Teclmical 
Education 
and 
Skills 
Development 
Authority,
22 
Department of Justice, Department of Foreign Affairs, Department of Health,
23 
National Commission on Indigenous Peoples, and National Commission on
24 
Muslim Filipinos shall promulgate the necessary rules and regulations within
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sixty (60) days the effectivity of this Act.
26 
Section 16. Separability Clause - Any portion or provision of this Act that
27 
may be declared unconstitutional or invalid shall not have the effect of
28 
nullifying the other portions and provisions hereof as long as such remaining
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portion or provision can still subsist and be given effect in their entirety.
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Section 17. Repealing Clause - All laws, decrees, orders, rules and
31 
regulations or parts thereof inconsistent with this Act are hereby repealed,
32 
amended, or modified accordingly.
33 
Section 19. Effectivity - This Act shall take effect fifteen (15) days after its
34 
publication in the Official Gazette or in at least two (2) newspapers of general
35 
circulation.
36 
Approved,