Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNo. __—« 988

Introduced by REP. TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE

Our Constitution provides under Article II Section 11 that the State values the dignity of
every human person and guarantees full respect for human rights.

iy for Congress to provide for legislations that
xual

Pursuant to this pronouncement, it is neces
ensure that everyone will be treated equally irrespective of his or her gender, s
thnicity, and religion.

orientation, race,

While the Philippine government has been moving to prevent discrimination in all aspects of
life, i is still apparent that there is still discrimination committed against people based on
their gender, sexual orientation, race, ethnicity, and religion.

Discriminatory practices affect these people by denying them of their right to political
participation and education. They are also denied of an equal chance to be employed and be
provided an access to goods and services, accommodation, public places, facilities and public
meetings. Furthermore, they are unfairly stereotyped and wrongfully portrayed in
advertisements and mass media.

For all these reasons, this representation is refilling House Bill No. 4807 which was co-
authored by this representation while including House Bill No. 1483 that was filed by then-
Congressman Teddy Casifio and the early passage of this bill is earnestly sought,

WNER BAGUTI
me District, itgao



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

988

HOUSE BILL NO. =

Introduced by REP. TEDDY BRAWNER BAGUILAT

AN ACT PROHIBITING RACIAL, ETHNIC, GENDER IDENTITY, SEXUAL
ORIENTATION, AND RELIGIOUS DISCRIMINATION

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

SECTION 1. Short Title. ~'This Act shall be known as “The Anti-Racial, Ethnic, and Gender
Identity, Sexual Orientation, and Religious Discrimination Act of 2013”.

SEC. 2. Declaration of Policy. — Its the policy of the State to:

@ 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;

(6) 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;

(©) 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 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.

. 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 sexual orientation, gender identity, race, color, descent, national
ot 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 ot 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.

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

(@ Enployment 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

(8) Power of control.

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

refer to the ra
person.

(©) Ethnic origin sha color, de

linguistics origin of

‘national origin and ethno-

(0) Gender Identity refers to the personal sense of identity as characterized, among
others, by manners of clothing, inclinations, and behavior in relation to masculine or
feminine conventions. A person may have a male or female identity with the
physiological characteristics of the opposite s

(2) Goods and services shall refer to the material and nonmaterial 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 financial establishments, public
utilities, professionals, maintenance and repair workers, laborers, etc.

(h) Indigenous peoples as provided under 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 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,
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 nonindigenous 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.

@ Moro peoples shall refer to indigenous peoples who are of the Islamic faith, and who
have historically inhabited some parts of Mindanao and other parts of the Philippine
Archipelago.

) Musdims or mosiems shall refer to followers of the Islamic faith, whether from birth
or by conversion.

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

()) Sexual Orientation reters to the direction of emotional sexual attraction or conduct,
This is expressed towards people of the same sex (homosexual orientation) or
towards people of both sexes (bisexual orientation) or towards people of the
opposite sex (heterosexual orientation).

Sexual orientation is not equivalent to sexual behavior since this refers to feelings
and self-concept. Persons may or may not express their sexual orientation in their
behaviors.

SEC. 4. Acts of Discrimination. ~ Discrimination is committed when a person treats another:
less favorably on the basis of gender identity, sexual orientation, 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:

@) Discrimination in Politi
shall be liable for discrimination through the
acts:

| Participation. — Any person acting as principal or agent
ion of any of the following

(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

@) Subjecting another person who wishes to exercise a political right to any
other detriment, on the basis of sexual orientation, gender identity, race,
ethnic origin, religion or religious affiliation or beliefs of the person or of any
relative, representative or assignee of the person.


(0) Discrimination in Employment. —

(1) Any employer or head of a firm,
for discrimination by:

‘ompany or organization shall be liable

@ Refusing ot failing to employ another for work of any type or kind
which is avaiable and for which the person is qualified, or by
imposing on the person onerous terms and conditions on the basis of
sexual orientation, gender identity, race, ethnic origin, religion or
religious affiliation or beliefs;

(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 on
the basis of sexual orientation, gender identity, race, ethnic origin,
religion or religious affiliation or beliefs; or

(ii) Dismissing an employee, or subjecting an applicant for
employment or an employee to any other detriment, on the basis of
sexual orientation, gender identity, 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 sexual
orientation, gender identity, race, ethnic origin, religion or religious affiliation
or beliefs of the person or of any relative, representative or assignee of the
person seeking employment.

@) 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 secking to
prevent another person from offering employment or from continuing
another person in employment on the basis of sexual orientation, gender
identity, race, ethnic origin, religion or religious affiliation or beliefs of the
tive, representative or assignee of the person.

(© Disctimination 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:

nas a student;

(1) Refusing or failing to accept an applicant for admis

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


3) Expelling a srudens; or

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

(@) 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 L

(1) Refusing or failing on demand to supply those goods or services to a
person:

Q) 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

) Subjecting another person to any other detriment in connection with the
provision of goods or services, on the basis of sexual orientation, gender
identity, race, ethnic origin, religion or religious affiliation or beliefs of the
person or of any relative, representative or assignee of the person.

(© Discrimination in Accommodation. —

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

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

’) 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;

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

(v) Refusing to permit another person to occupy any land or any
residential or business accommod

lation;

(©) 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

(«) Subjecting an applicant to any other detriment, on the basis of
sexual orientation, gender identity, race, ethnic origin, religion or
religious affiliation or beliefs of the person or of any relative,


representative of assignee of the person.

@ 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 limits the persons or class of persons who may be the
clients, visitors or guests of any land or residential or business
accommodation, on the basis of sexual orientation, gender identity, race,
ethnic origin, religion of religious affiliation or beliefs of the person.

() Discrimination in Accessing Public Places, Facilities and Public Meetings. ~ Any
person acting as principal or agent shall be liable for discrimination by:

to or use of any such place,
vehicle or facilities that the public or a section thercof is entitled or allowed
to enter oF 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;

@) 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;

) Requiring another person to les
or any such facilities; or

wwe or cease to use any such place, vehicle

(8) Subjecting a person wishing to access public places, facilities or public
meetings to any other detriment, on the basis of sexual orientation, gender
identity, race, ethnic origin, religion or religious affiliation or beliefs of the
person or of any relative, representative or assignee of the person.

(@) 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 advertisements on
television and other audio-visual forms and other publicly ace:
documents “uncivilized”, avages
“ignorant”, “silly”, and the like, on the basis of sexual orientation
identity, race, ethnic origin, rel

(2) Publishing, displaying, or causing or permitting t0 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 describing in
learning institutions, instructional materials, teaching devices, books and reference
materials, especially in Civics and History, certain individuals and/or proup/s as

racially inferior.

@ 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.

) 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 sexual orientation, gender identity, race,
ethnic background, and/or religion, religious affiliation or religious beliefs

() 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 sexual orientation, gender identity,
race, ethnic origin, religion or religious affiliation or belief

SKC. 5. Persons Liable. — Any pe atural or juridical, including government or private
corponttion, institution or company who commits discrimination through any of the acts
described in the preceding section shall be liable under this Act.

Any persion 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 of discrimination under this Act bur 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.

SEC. 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 procedures for the resolution,
settlement of prosecution of acts of discrimination. Towards this end, the CHR shall:

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

(©) 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 belief or affiliation.

(© 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:

( Conduct consultations with indigenous peoples and religious organizations; and

(® Assist in the filing 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 counseling;

Q) 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;

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.

SEC. 7. Responsibility to Promote a Nondiscrimination and Equal Opportunity Emsronment. — It shall
be the duty of every person, natural or juridical, public or private, to ensure
nondiscrimination 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 4 of
this. Ac

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 nondiscrimination and equal opportunity policy, and create a
Nondiscrimination 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 penal
provided for in Section 9 hereof.



SEC. 8. Nondiscrimination and Equal Opportunity Commitie — In ordet 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 sexual orientation, gender identity, race, ethnic background,
religion, religious affiliation or religious belietS. 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 cases 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
sexual orientation, gender identity, race, ethnic background, religion, religious affiliation or
religious beliefs, or to any civil claim for damages suffered by the victim of discrimination,

SEC. 9. Common Penal Provisions. — Any person liable under this Act shall be penalized by
amsto mayor ox 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:

@) The penalty provided under this Act shall be imposed i
the offender has been previously convicted under this Act;

its maximum period if

(b) When the offender
employee thereof who is
penalty imposed in its r

corporation, partnership or association, the officer or
‘onsible for the violation of this Act shall suffer the
imum period:

(©) 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;

(@) An offender who is a foreigner shall be deported immediately after service of
sentence and shall be forever barred entry into the country;

(©) 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

(0) 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.

SEC. 10. Administrative Procedings and Sanctions. — Upon finding 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 Secvice Commission (CSC) and/or
the Department of the Interior and Local Govemment (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.

SEC. 11. Reparation to Victims. — In addition to existing laws and procedural rules for
teparation to victims, the following measures shall be undertaken:

@) The court, administrative agency, or g I 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 apency,
ot 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 thercin 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.

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

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

SEC. 14. Effetivity. ~ This Act shall take effect after fifteen (15) days following its publication
in the Offéal Gazette or in two (2) national newspapers of general circulation in. the
Philippines.

Approved,