REPUBLIC OF THE PHILIPPIN:
HOUSE OF REPRESENTATIVE!
Quezon City

RECEIVED
pare, 20 JUN 2016
Tie 29s
By:

SEVENTEENTH CONGRESS
First Regular Session

576

REGISTRATION UNIT

House Bill No. BILLS AND INDEX SERVICE
a ERVICE

Introduced by Rep. Jose T. Panganiban, Jr.
of ANAC-IP Partylist

EXPLANATORY NOTE

Article II, Section 11 of the 1987 Constitution provides that “The State Values The Dignity Of
Every Human Person And Guarantees Full Respect For Human Rights”. Hence, the promotion of a
society that values the dignity of every human person and guarantees full respect for human rights
regardless of a person’s social status, personal preference, ethnic origin, beliefs, and affiliation.

The primary objective of this measure is to lessen, if not eliminate, cases of discrimination in
the Philippine society by:

1. Enumerating potential acts of discrimination, profiling, violence, and all forms of intolerance in
employment, education, d -commodation, transportation,
media, in search and investigatory activitis
of ethnicity, race, religion or belief, sex, gender, orienta
other status;

2. Penalizing all forms of discrimination;

3. Mandating government and non-government, agencies, corporations, companies and
educational in ry Committee, which
shall have administrative jurisdiction over cases involving discrimination; and

4, Instilling in the youth the value of respect to the identity, affiliation, status and preferences of
other people by including in the curriculum of public and private schools, from primary to tertiary
levels, discussions on discriminations based on ethnicity, race, religion or belief, sex, gender, sexual
orientation, gender identity, language, disability, or other status.

ery of goods, facilities and services,
, and in political, civil, cultural and social life on the basis
ion, gender identi

, language, disability and

tutions, whether private or public, to create an Equal Opportui

The urgent passage of the bill is therefore paramount for the adoption of an effective and
comprehensive legal framework to fight against all forms of discrimination and to give equal
‘opportunity to each individual to achieve his full potential as a person and as a Fi it

JOSE T. PANGANIBAN, JR.
Repres Ve, ANAC-IP Partylist

HOUSE F REPRESENTATIVES



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

576

House Bill No.

Introduced by Rep. Jose T. Panganiban, Jr.
of ANAC-IP Partylist

AN ACT
PROHIBITING RACIAL, ETHNIC, AND RELIGIOUS DISCRIMINATION

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

SECTION 1. Short Title. — This Act shall be known as “The Anti-Racial, Ethnic and
Religious Discrimination Act of 2016”.

SECTION 2. Declaration of Policy. — \t is the policy of the State to:

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

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

(c) Recognize and promote the rights of the 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 the people to human dignity; reduce social, economic and political inequalities; and
remove cultural inequities by equitably diffusing wealth and political power for the common
good.

SECTION 3. Definition of Terms. — For the purpose of this Act, the following terms
shall mean:
(a) Accommodation shall refer to a house, apartment, condominium, townhouse, flat,
hotel, villa, motel, boarding house, hostel and dormitory.


(b) 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 whether perceived or actual, 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 ofa person.

(c) Education shall refer to all types and levels of education, and includes access to
education, and the conditions under which it is given.

(d) Employment shall refer to the existence of an employer-employee relationship,
which is determined by the four-fold test:

(1) Selection of the employee;

(2) Payment of wages

(3) Power of dismissal; and

(4) Power of control

This definition shall apply to regular, probational, contractual, seasonal and project-
based workers. In legitimate contracting or subcontracting arrangements, the
contractor/subcontractor shall be deemed the employer of the contractual employee.

(€) Ethnic Origin shall refer to the race, color, descent, national origin and
ethnolinguistic origin of a person.

(8) Goods and Services shall refer to the material and non-material products or things of
value offered for sale to satisfy needs or 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 ot services provided by financial establishments, public ut
maintenance and repair workers, laborers, ete.

(g) Indigenous Peoples as provided by Section 3 (h), Chapter II of Republic Act No.
8371 or the “Indigenous Peoples Rights Act of 1997”, 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
utilize 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, nonindigenous religions and cultures, became historically
differentiated from the majority of Filipinos. Indigenous Cultural Communities/Indigenous
peoples (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.

(h) Moro Peoples shall refer to the indigenous peoples who are of the Islamic faith, and
who have historically inhabited some parts of Mindanao and other parts of the Philippine
archipelago.

(i) Muslims or Moslems shall refer to followers of Islamic faith, whether from birth or
by conversion.

ies, professionals,


(i) Religious belief refers to a strong belief in a supernatural power or powers that
control human destiny.

SECTION 4. Acts of Discrimination. ~ Discrimination is committed when a person
treats another less favorably on the basis of race, ethnic origin, religion, or religious affiliation
or beliefs than the person treats or would treat another without that attribute, or with a different
attribute, on the same or similar circumstances in the political, economic, social, cultural, civil,
or any other field of public life, to include, but not limited to:

(a) Discrimination in Political Participation.- Any person acting as principal or agent
shall 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 right to vote 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, on the basis of race, ethnic origin, religion or religious affiliation or beliefs of the
person or of any relative, representative or assignee of the person.

(b) Discrimination in Employment. ~ (1) Any employer or head of a firm, company or
organization shall be liable for discrimination by:

(i) 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
and conditions on the basis of race, ethnic origin, religion or religious affiliation or belief’;
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 of work of the same kind or type, or by imposing on the
person onerous terms and conditions on the basis of race, ethnic origin, religion or religious
affiliation or beliefs; or

(iii) Dismissing an employee, or subjecting an applicant for employment or an
employee to any other detriment, on the basis of race, ethnic origin, religion or religious
affiliation or beliefs.

(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
on the basis of race, ethnic origin, religion or religious affiliation or beliefs of the person or of
any relative, representative or assignee of the person seeking employment.

(3) Any person acting as principal or agent of an 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
employment or from continuing another person in employment on the basis of race, ethnic


origin, religion or religious affiliation or beliefs of the person or of any relative, representative
or assignee of the person.

(c) Discrimination in Education. — 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 an admission as a student;

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

(3) Expelling a student; or

(4) Subjecting the student to any other detriment, on the basis of race, ethnic origin,
religion or religious affiliation or beliefs of the student or of any relative, representative or
assignee of the student.

(d) Discrimination in the Delivery of Goods and Services. ~ Any person acting as
principal or agent who supplies goods or service 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, on the basis of race, ethnic origin, religion or religious affiliation or
beliefs of the person or of any relative, representative or assignee of the person.

(e) Discrimination in Accommodation. ~ (1) Any person acting as principal or agent
providing accommodation shall be liable for discrimination by:

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

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

(3) 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;

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

(5) 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

(6) Subjecting an applicant to any other detriment, on the basis of race, ethnic origin,
religion or religious affiliation or beliefs of the person or of any relative, representative or
assignee of the person.

(2) Any person acting as principal or agent shall also be liable for discrimination by
imposing or seeking to impose on another person any term or condition that lithits the persons
or class of persons who may be the clients, visitors or guest of any land or residential or

Y



business accommodation, on the basis of race, ethnic origin, religion or religious affiliation or
beliefs of the person.

(6) Discrimination in Accessing 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 such place, vehicle or
facilities that the public or a 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 and 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
public or to a section thereof, or the refusal to allow another access to a meeting or assembly
by providing onerous terms and 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 wishing to access public place, facilities of public meetings
to any other detriment, on the basis of race, ethnic origin, religion or religious affiliation or
beliefs of the person or of any relative, representative or assignee of the person.

(g) Discrimination in Advertisements/Mass Media. ~ Any person acting as principal
or agent shall be liable for discrimination by:

(1) Portraying certain persons in movies, films and advertisement on television and
other audio-visual form and other publicly accessible documents as “uncivilized”, “barbaric”,
“savages”, “dirty”, “wild”, “ignorant”, “silly”, and the like, on the basis of race, ethnic of
origin, religion or religious affiliation or beliefs; 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 by reason of a provision of this Act.

(h) Discrimination by Wrongful Portrayal. ~ Any person acting as principal or agent
shall be liable for discrimination by portraying, intimating, depicting or describe in learning
institutions, instructional materials, teaching devices, books and reference materials, especially
in Civies and History, certain individuals and/or group/s as racially inferior.

(i) Inciting Others to Commit Acts of Discrimination. - Any person acting as
principal or agent shall be liable for discrimination by inciting others to commit discrimination
or any action that is unlawful by reason of a provision of this Act, or by assisting or promoting,
whether through financial assistance or otherwise, the doing of such act.

(j) Discrimination Through Speeches, Utterances, Acts of Hatred and Similar Acts. —
‘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 on the basis of race, ethnic background, and/or religion, religious affiliation or religious
beliefs.

(k) 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 the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise of the person’s human rights and
fundamental freedoms in the political, economic, social, cultural and civil spheres on the basis
of race, ethnic of origin, religion or religious affiliation or beliefs.

SECTION 5. Persons 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 assist another
to commit acts of discrimination shall also be liable under this Act. Any person who is duty-
bound to act on complaints of discrimination under this Act but fails or refuses to do so shall
be deemed to have sanctioned the discriminatory act, and shall consequently be held equally
liable for discrimination.

All government officers and workers are obliged to promote nondiscrimination in the
discharge of their duties and responsibilities.

SECTION 6. 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 of acts of discrimination and to provide the procedure for the
resolution, settlement or prosecution of acts of discrimination. Towards this end, the CHR
shal

(a) Promulgate appropriate rules and regulations for the investigation of
discrimination cases and the administrative sanctions therefor;

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

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

(d) Establish guidelines and mechanisms that will facilitate access of discriminated
persons to legal remedies under this 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 beliefs or affiliation.

(e) Coordinate with the Department of Education (DepEd) for the promotion of
understanding and racial harmony in schools, and the review of books and reference materials
that portray indigenous peoples or certain religious practices in a discriminatory way,

(8) Conduct consultations with Indigenous Peoples and religious organizations; and

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



(1) Provide legal assistance to victims of discrimination such as through the
preparation of necessary pleadings, referral letters and counselling;

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

(3) Accredit lawyers who will accept pro bono cases under this Act; and

(4) Create an efficient system of case referrals to appropriate government
departments or agencies.

SECTION 7. Responsibility to Promote a Nondiscrimination and Equal Opportunity
Environment. — It shall be the duty of every person, natural or judicial, public or private, to
ensure non-discrimination and equal opportunity for all persons in relating to actual or
prospective employees, students, tenants, customers and clients, and that no discriminatory
acts, as defined herein, is committed by them or their agents in the areas defined under Section
4 of this Act.

For this purpose, agencies, corporations, companies and educational institutions as well
as any person providing employment, housing, education and the delivery of basic goods and
services shall issue a non-discrimination and equal opportunity policy and create a Non
Discrimination and Equal Opportunity Committee in their respective organizations, as
provided for in Section 8 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 9 hereof.

SECTION 8. Non Discrimination and Equal Opportunity Committee. — In order to
ensure compliance with this Act, all agencies, corporations, companies and educational
institutions, whether private or public, shall create a Nondiscrimination and Equal Opportunity
Committee, which shall exercise administrative jurisdiction to investigate acts and practices of
discrimination under this Act.

The Committee shall, among others, conduct the initial investigation of cases
constituting discrimination on the basis of race, ethnic background, religion, religious
affiliation or religious beliefs. The results and findings of such investigation shall be submitted
to and acted upon by the CHR which shall have the sole jurisdiction over administrative case
of discrimination.

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 or religious beliefs, or to any civil claim
for damages suffered by the victim of discrimination.

SECTION 9. 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
more than six (6) months and/or a fine of not less than Ten thousand pesos (Php 10,000.00) 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:

NX


(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 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) An offender who is a foreigner shall be deported immediately after service of
sentence and shall be forever 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 shall
also be imposed; and

(® A fine to be determined by the court shall be imposed, which shall be remitted by
the courts to the CHR to be administered as a cash fund and disbursed for the assistance of the
victims.

SECTION 10. Administrative Proceedings and Sanctions. — Upon findings by the
CHR 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 (CSC) and/or
the Department of the Interior and Local Government (DILG). 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 11. Reparation to Victims. — \n addition to existing laws and procedural
rules for 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 in respect of,
victims, including restitution, compensation and rehabilitation; and

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

SECTION 13. Repealing Clause. - Any provision of law or regulations inconsistent
herewith is hereby repealed, revoked or modified accordingly.

SECTION 14. Effectivity. — This act shall take effect after fifteen (15) days following
its publication in the Official Gazette or in two (2) national newspapers of general circulation
in the Philippines.

Approved,