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House of Representatives
Quezon City, Metro Manila

EIGHTEENTH (18") CONGRESS
First Regular Session

HOUSE BILL NO._ 4586

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE.
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EXPLANATORY NOTE

Equality is enshrined in the 1987 Constitution. Several provisions mandates a guarantee
of equality among all people. In Article III, the Bill of Rights, Section 1 provides:

“No person shalll be deprived of life, liberty, or property without due
Process of law, nor shall any person be denied the equal protection of the
laws.”

This is an emphasis to a provision of Article II, the Declaration of Principles and State
Policies, Section 5, which states:

“The maintenance of peace and order, the protection of life, liberty,
and property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy.”

Provisions found on the same article stress the protection of human rights and the rights
of indigenous cultural communities:

“The State values the dignity of every human person and guarantees
full respect for human rights.”(Section 11)

“The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and
development.”(Section 22)

Discrimination based on religion is also prohil
Section 5 of the Bill of Rights:

by our Constitution as mandated in


“No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
‘forever be allowed. No religious test shall be required for the exercise of civil
or political rights.”

The doctrine of incorporation found in the Article II, Section II provides that “the
Philippines adopts generally accepted principles of international law as part of the law of the
land.” The Philippines, as a state party to the International Covenant on Economic, Social and
Cultural Rights (ICESCR), undertakes a guarantee and assurance of respect for rights
enunciated therein, 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.

In addition, as part of the global community, the Philippines is aware of the United
Nations declaration on religious intolerance. Thus, in keeping with the 1981 Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religious Belief, and
the 1993 Resolution on the Elimination of All Forms of Religious Intolerance, this Act
addresses religious and other forms of discrimination.

With the view of the foregoing, approval of this bill is therefore sought.

Jefodunrte



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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 588

Introduced by HON. JOSE CHRISTOPHER Y. BELMONTE

AN ACT PROHIBITING RACIAL, ETHNIC AND RELIGIOUS DISCRIMINATION

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

Congress:

SECTION 1. Short Title. - This Act shall be known as “Anti-Racial, Ethnic and
Religious Discrimination Act.”

SECTION 2. Declaration of Policy. - It shall be the policy of the State as enshrined in
the Constitution to:

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

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;

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

Give the highest priority to the enactment of measures that protect and
enhance the right of all 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.

It shall also be the policy of the State to uphold human dignity and equality of all
persons, regardless of race, age, gender, ethnicity or religion, consistent with its
obligations as State Party to various international human rights instruments,
particularly the Universal Declaration of Human Rights, the International Covenant
of Civil and Political Rights, the International Covenant on Economic, Social and


Cultural Rights, the International Convention on the Elimination of Racial
Discrimination, and the Convention on the Elimination of Discrimination Against
Women. As such, the State shall not allow the commission of acts which directly or
indirectly derogate these fundamental human rights.

SECTION 3. Definition of Terms. - For purpose of this Act, the following terms shall

mean:
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Discrimination shall refer to any distinction, exclusion, restriction or
reference made on the basis of race, color, descent, national or ethnic
origin, religion, or religious affiliation or beliefs which has the effect or
purpose of impairing or nullifying the recognition, enjoyment or exercise
on an equal footing, of the human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field of public life of
a person. Discrimination also includes incitement to discriminate and
harassment.

Housing and other Accommodation shall refer to accommodation in a
house, apartment, condominium, townhouse, flat, motel, boarding house,
hotel, dormitory, shelters, elderly homes, rehabilitation facilities,
orphanages, health facilities including mental health facilities, detention
centers, camping grounds and other analogous places.

Education and Training shall refer to all types and levels of education and
training, and shall include access, standard and quality of education and
training, and the conditions under which these are given.

Employment shall refer to the existence of an employer-employee
relationship, as determined by existing law and jurisprudence, as well as
all terms, conditions and privileges relating to work in public and private
institutions, including recruitment policies, application procedures,
training, incentives, compensation, determination of benefits or
allowances, promotion, advancement opportunities, transfer and
dismissal. This definition shall apply to all types of workers.

Ethnic Origin shall refer to the classification of people based on common
color, racial, national, tribal, religious, ethno-linguistic or cultural origin or
background.

Ethno Linguistic Group shall refer to a group of people that shares a
distinct language, cultural inheritance and history that give them a unique
identity.

Goods and Services shall refer to the material and non-material products
or things of value offered for sale to satisfy needs and wants for survival,
comfort, or pleasure such as, but not limited to that provided by
restaurants, resorts, hotels, clubs, stores and shopping malls; or acts or
services provided by credit or financial establishments, public utilities and
services, professionals, maintenance and repair workers, laborers, etc.


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SECTION 4. Acts of Discrimination.

Indigenous Peoples shall 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, tradition and other distinctive
cultural traits, or who have, through resistance to political, social and
cultural inroads of colonization, non-indigenous religions and culture,
become historically differentiated from the majority of Filipinos.
Indigenous cultural communities and indigenous peoples 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.

Religious Affiliation or Belief refers to the profession or non-profession of
religion or beliefs of one’s choice that may be publicly manifested in
worship, practice and teaching.

Stereotype shall refer to a thought adopted about specific kinds of
religions or ethnicities, or persons who practice a specific religion or who
belong to a specific ethnic background, specifically with reference to their
beliefs and ways of doing things, which are based upon oversimplified
opinions or intolerant attitudes, regardless of whether such thoughts or
beliefs accurately reflect reality.

Stereotyping refers to any act or combination of acts which shall result in
the singling out or profiling of a person or class of persons based on a
stereotype as defined in the immediately preceding section, which results
in a derogatory attitude towards any person or any derogatory treatment
against such person or class of persons.

Vehicle shall refer to train, ship, bus, taxi, aircraft, and such other forms of
transport for public conveyance.

It is unlawful for any person, natural or

juridical, to do any act involving a distinction, exclusion, restriction or preference
based on race, color, descent or national or ethnic origin, religion, or religious
affiliation or beliefs which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise on an equal footing of any human right or
fundamental freedom in the political, economic, social, cultural, civil or any other
field of public life.


An act is deemed discriminatory where a person requires another person to
comply with a term, condition or requirement which is not reasonable, having
regard to the circumstances of the case; or the other person does not or cannot
comply with the term, condition or requirement; and the requirement to comply has
the purpose or effect of nullifying or impairing the recognition, enjoyment or
exercise on an equal footing by persons of the same race, color, descent or national or
ethnic origin, religion, or religious affiliation or beliefs,

SECTION 5. Prohibited Acts. The following acts of discrimination, when committed
on the basis of race, color, descent, national or ethnic origin, religion, or religious
affiliation or beliefs, of that person or any relative, representative or assignees of that
person, are deemed discriminatory, and shall be prohibited:

a.) Discrimination in Political Participation. - Any person acting as principal or
agent shalll be liable for discrimination through the commission of any of the
following acts:

1) Preventing, impeding, prohibiting, obstructing or intervening in the exercise
of political rights by another, including but not limited to, the tight to vote
and be voted upon in a national or local election, both regular or special, or in
a plebiscite, both initiative or referendum;

2) Imposing onerous terms before these political rights are granted, preserved or
protected; or

3.) Subjecting another person who wishes to exercise a political right to any other
detriment.

b.) Discrimination in Employment. -

1.) Any employer or head of a firm, company or organization shall be liable for
iscrimination by:

() Refusing or failing to employ another for work of any type or kind
which is available and for which the person is qualified, or by
imposing on the person onerous terms or conditions;

(i) Denying or limiting access of an employee to the same terms and
conditions of work, opportunities for training, transfer or promotion,
or to other benefits connected with the 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 by imposing on the person onerous terms and conditions; or

(ii) Dismissing an employee, or subjecting an applicant for employment or
an employee to any other detriment.

2) Any person acting as principal or agent in procuring employment for other
Persons or procuring employees for an employer shall be liable for
discrimination by treating an applicant seeking employment less favorably
than another person in the same circumstances who is likewise seeking
employment.


3.) Any person acting as principal or agent of any organization of employers or
employees, or any person acting or purporting to act on behalf of such
organization, shall be liable for discrimination by preventing or seeking to
prevent another person from offering or from continuing another person in
employment.

¢) Discrimination in Education and Training. - Any person who heads or owns
an educational institution, including any officer, employee or person acting
on behalf of the head or owner of such institution shall be liable for
discrimination by:

1.) Refusing or failing to accept an applicant for admission as a student, or
expelling a student from an educational institution on the basis of his/her
religious affiliation or belief, without prejudice to the right of educational
institutions to determine the academic qualifications of their students;

2) Denying or limiting access of a student to any benefit or privilege
provided by the institution; or

3.) Subjecting the student to any other detriment.

d.) Discrimination in the Delivery of Goods and Services. - Any person acting as
principal or agent who supplies goods or services to the public or to any
section of the public shall be liable for discrimination by:

1,) Refusing or failing on demand to supply those goods or services to a person;

2.) Refusing or failing on demand to supply those goods or services to another
person except on less favorable terms or conditions than those upon whom
they would otherwise supply those goods or services; or

3.) Subjecting another person to any other detriment in connection with the
provision of goods or services.

4.) This provision shall include denial of access to medical or health services
open to the general public, and denial of application for a license, clearance,
certification or any other document issued by government authorities or other
entities.

e.) Discrimination in Land, Business and other Accommodation. -

1) Any person acting as principal or agent providing accommodation shall be
liable for discrimination by:

(i) _ Refusing or failing to accept or process the application for any interest
in land, or residential or business accommodation;

(i) Disposing of such an estate, land or interest, or such accommodation to
another person on less favorable terms or conditions than those which
are or would otherwise be offered;

(iii) Treating another person who is seeking to acquire or has acquired an
estate or interest or such accommodation less favorably than to others
in the same circumstances;


(iv) Refusing to permit another person to occupy any land or any
residential or business accommodation;

(v) Terminating any estate or interest in land of another person or the right
of another person to occupy any land or any residential or business
accommodation, or

(vi) Subjecting an applicant to any other detriment.

2) Any person acting as principal or agent shall also be liable for discrimination
by imposing or seeking to impose on another person any terms or condition
that limits the persons or class of persons who may be the clients, visitors, or
guests of any land or residential or business accommodation.

£) Discrimination in Access to Public Places, Facilities and Public Meetings. -
Any person acting as principal or agent shall be liable for discrimination by:

1) refusing to allow another person access to or use of any place, vehicle or
facilities that the general public or section thereof is entitled or allowed to
enter or use;

2.) refusing to allow another person access to or use of any such place, vehicle
or facilities by providing onerous terms or conditions not similar to others
whom they would otherwise allow access to or use of the place, vehicle or
facilities;

3.) refusing to allow another person access to a meeting or assembly open to
the general public or to a section thereof, or refusing to allow another
access to a meeting or assembly by providing onerous terms or conditions
not similar to others to which they would otherwise allow access to a
meeting or assembly;

4.) requiring another person to leave or cease to use any such place, vehicle or
any such facilities; or

5.) subjecting a person to a denial of access to public places, facilities or public
meetings.

g;) Discrimination in Advertisements/Mass Media. -It is unlawful for a person to
publish or display, or cause or permit to be published or displayed, an
advertisement or notice that indicates or could reasonably be understood as
indicating an intention to do an act that is unlawful by reason of provision of
this Act. Any person acting as principal or agent shall be liable for
discrimination by:

1.) portraying certain persons in movies, films, and advertisements on
television and other audio-visual forms and other publicly accessible
documents as stupid, barbaric, savages, dirty, wild, ignorant, stupid and
similar degrading portrayals; or

2) publishing, displaying, or causing or permitting to be published or
displayed an advertisement or notice that indicates or could reasonably be
understood as indicating an intention to do an act that is unlawful.


h) Discrimination by Wrongful Portrayal. - Any person acting as principal or
agent shall be liable for discrimination by portraying, imitating, depicting or
describing in learning institutions, instructional materials, teaching devices,
books and reference materials, especially in Civics and History, certain
individuals and/or group/s as inferior religiously, racially or ethically.

i) Discrimination through Speech, Utterances, Acts of Hatred and Similar Act. -
Any person shall be liable for discrimination by delivering speeches or
making utterances, doing acts of hatred or violence against another person, or
mocking or ridiculing another person.

j.) Discrimination through Analogous Acts that Result in Impairment of the
Enjoyment of Human Rights and Fundamental Freedoms. - Any person
acting as principal or agent shall be liable for discrimination by analogous acts
which have effect or purpose of impairing or mollifying the recognition,
enjoyment or exercise of the person’s human rights and fundamental
freedoms in the political, economic, social, cultural, civil spheres or any other
field of public life, and where such rights and freedoms are guaranteed and
consistent with relevant international human rights instruments to which the
Philippines is a State Party thereof, and where such analogous acts are
committed on the basis of race, color, descent, national or ethnic origin,
religion, or religious affiliation or beliefs.

k,) Discrimination through Engaging In Profiling.-Any person acting as principal
or agent, including any member of the military or law enforcement agencies,
who subjects a person or group/s of persons to investigatory activities, such
as unnecessary, unjustified, illegal and degrading searches and similar acts,
and whose purpose is to determine whether that person or group/s of
Persons is or are engaged in an activity that is unlawful, immoral or socially
unacceptable, shall be liable for discrimination. This provision shall include
singling out or profiling a person or class of persons based solely on account
of ethnic or religious origin.

1) Discrimination through Abuses of State and Non-State Actors. - Any
government official or employee of any government agency or corporation,
local government unit, police, military or any law enforcement agency,
including non-state actors, shall be liable for discrimination if that official or
employee commits acts of harassment, verbally or physically, to curtail
freedom of movement of any person or group of persons, or to extort from the
latter. This shall include acts of involuntarily detaining or confining a person
or group of persons.

Section 6. Person/s Liable. - Any person, natural or juridical, including government
or private corporation, institution or company, who commits discrimination through
any of the acts described in the preceding section 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. Any
person who is duty-bound to act on complaints or 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.

Section 7. Inciting Others to Commit Acts of Discrimination. - Any person acting as
principal or agent shall be liable for discrimination by:

11) Inciting the doing of an act that is unlawful by reason of a provision of this
Act; or
2) Assisting or promoting, whether by financial assistance or otherwise, the
doing or perpetration of such an act.

SECTION 8. Vicarious Liability. If an employee or agent of a person does an act of
discrimination in connection with his or her duties as an employee or agent, then for
the purposes of this section, the act is taken to be done because of the person’s race,
color, descent, national or ethnic origin, religion or religious affiliation or beliefs.

Unless established that the person took all reasonable steps to prevent the
employee or agent from doing the discriminatory act, then that person shall be liable
of unlawful act under this provision.

Section 9. Duty of the Commission on Human Rights (CHR). - It shall be the duty of
the Commission on Human Rights (CHR), in coordination with the National
Commission on Indigenous Peoples and the National Commission on Muslim
Filipinos, to prevent or deter the commission on acts of discrimination and to assist,
review and recommend procedures for the resolution, settlement or prosecution of
acts of discrimination. Towards this end, the CHR shall:

a) Ensure the creation of committees on non-discrimination and equal
opportunity in all agencies, corporations, companies and educational
institutions, whether private or public;

b) Oversee the implementation of this Act by agencies, corporations, companies
and educational institutions, whether private or public;

©) Establish guidelines and mechanisms that will facilitate access of
discriminated persons to legal remedies under the Act and related laws, and
enhance the protection and promotion of the rights of the Filipino people
against discrimination on the basis of racial or ethnic origin and religious
affiliation or beliefs;

4) Coordinate with the Department of Education (DepEd) and the Commission
on Higher Education (CHED) for the promotion of understanding and
appreciation of cultural diversity in schools and other learning, modalities,
and ensuring that books, reference materials, and other learning resources
used in education programs are free from discriminatory content;

e) Conduct consultations with indigenous peoples, ethno-linguistic groups and
religious organizations or religious communities;

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f) Assist in the filing of cases against individuals, agencies, institutions, or
establishments, whether public or private, that violate the provisions of this
Act. For this purpose, the CHR shall:

a.) Provide legal assistance to victims of discrimination such as through the
preparation of necessary pleadings, referral letters, and counseling;

b.) Forge Memoranda of Agreement with Bar Associations, nongovernmental
organizations, law firms and organizations that provide legal aid to victims of
discrimination to ensure adequate and competent legal representation for the
complainants; and

c) Create an efficient system of case referrals to appropriate government
department or agencies.

Section 10. Responsibility to Promote a Non-Discrimination and Equal Opportunity
Environment. - It shall be the duty of every person, natural or juridical, public or
private, to ensure non-discrimination and equal opportunity for all persons in
relating to actual or 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 defined under Section 5 of this Act.

All government officers and workers are likewise obliged to observe non-
discrimination in the discharge of their duties and responsibilities.

For this purpose, agencies, corporations, companies and educational
institutions, whether private or public, as well as any person providing employment,
housing, education and the delivery of basic goods and services shall create a Non-
Discrimination and Equal Opportunity Committee in their respective organizations,
as provided for in Section 11 hereof. Failure to do so shall be deemed as refusal to
address discrimination and shall be considered as an act of discrimination subject to
the penalty provided for in Section 12 hereof.

Section 11. Non-discrimination and Equal Opportunity Committees. - In order to
ensure compliance with this Act, all agencies, corporations, companies and
educational institutions, whether private or public, shall create a Non-
Discrimination and Equal Opportunity Committee (Non-Discrimination
Committee), which shall exercise administrative jurisdiction to investigate acts and
practices of discrimination under this Act.

The Non-Discrimination Committee shall, among others, conduct the initial
investigation of cases constituting discrimination on the basis of race, ethnic
background, religion, religious affiliation or beliefs. The result and findings of such
investigation shall be referred to the appropriate government agencies for resolution,
settlement or prosecution.

Any administrative sanction on the perpetrator of discrimination shall not be
a bar to any prosecution in the proper courts on any act of discrimination committed
on the basis of race, ethnic background, religion, religious affiliation, religious
beliefs, or to any civil claim for damages suffered by the victim of discrimination.

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Section 12. Common Penal Provisions. - Any person liable under this Act shall be
penalized by arresto mayor or imprisonment for a period of not less than thirty (30)
days or not 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 (Php
100,000.00), taking into consideration the circumstances and gravity of the offense
and the following conditions, to wit:

a.) The penalty provided under this Act shall be imposed in its maximum period
if the offender has been previously convicted under this Act;

b.) When the offender is a corporation, partnership or association, the officer,
agent or employee thereof who is responsible for the violation of this Act shall
suffer the penalty imposed in its maximum period;

c.) The penalty provided herein shall be imposed in its maximum period when
the perpetrator is an ascendant, parent, guardian, stepparent or collateral
relative within the second degree of consanguinity or affinity of the victim, or
is the manager or owner of an establishment which has no license to operate
or whose license has expired or has been previously revoked;

d.) The offender who is a foreigner shall be deported immediately after service of
sentence and shall be perpetually barred entry into the country;

e.) The penalty provided for in this Act shall be imposed in its maximum period
if the offender is a public official, officer or employee: Provided, that the
penalty of suspension shalll also be imposed; and

£) A fine to be determined by the court shall be imposed.

Section 13. Administrative Proceedings and Sanctions. - Upon finding by the Non-
Discrimination Committee that a department, agency, or instrumentality of
government, government-owned and controlled corporation, or local government
unit has violated any provision of this Act and its implementing rules and
regulations, the sanctions under administrative law, civil service, or other
appropriate laws shall be recommended to the Civil Service Commission, in the case
of government officials or employees, or to the Department of Labor, in the case of
officers and employees of private corporations or entities. The person directly
responsible for the violation as well as the head of the agency or local chief executive
shall be held liable under this Act.

Section 14. Reparation to Victims. - In addition to existing laws and procedural rules
or reparation to victims, the following measures shall be undertaken:

a.) The court, administrative agency, or quasi-judicial body shall follow the
principles relating to the reparations to, or in respect of, victims, including
restitution, compensation and rehabilitation. In their decisions, the court,
administrative agency, or quasi-judicial body may, either upon request or on
their own volition, in exceptional circumstances, determine the scope and
extent of any damage, loss or injury to the victims, stating therein the
principles on which they are acting;

b) The court, administrative agency, or quasi-judicial body may make an order
directly against a convicted person, specifying appropriate reparation to, or

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in respect of victims, including restitution, compensation and rehabilitation;
and

c) Before making an order under this section, the court, administrative agency,
or quasi-judicial body shall invite and shall take into account representations
from, or on behalf of, the convicted person, victims or other interested
persons.

Nothing in this section shall be interpreted as prejudicing the rights of victims
under national or international law.

Section 15. Appropriations. - The Chairperson of the CHR shall include in the
CHR’s program the implementation of this Act, the initial finding of which shall be
charged against the current appropriation of the Commission. Thereafter, the
amount necessary for the continued implementation of this Act, shall be included in
the General Appropriations Act (GAA).

Section 16. Implementing Rules and Regulations (IRR). - Within ninety (90) days
from the approval of this Act, the CHR, in consultation with the NCIP, NCMF, and
other stakeholders as determined by the CHR, both private and public, shall
promulgate the rules and regulations implementing the provisions of this Act.

Section 17. Repealing Clause. - Any provision of law or regulations inconsistent
herewith is hereby repealed, revoked or modified accordingly.

Section 18. Separability Clause. - If any portion of this Act is declared as
unconstitutional or invalid, the remaining portions not affected thereby shall
continue to have force and effect.

Section 19. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.

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