FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
COMMITTEE REPORT NO. 35 
·11 
MAY 11 
P 1 :53 
Submitted joinlly by the Committees on Cultural Communities and Social Justice, 
WeJIare and Rural Development on 
MAY 1 1 2011 
Re 
Senate Bill No. -.2B 14 
Recommending its approval in substitution of Senate Bill Nos. 19, 1213, and 1342. 
Sponsors 
Senators Legarda, Pangilinan, Trillanes IV and Villar 
Mr. President: 
The Committees on Cultural Communities and Social Justice, Welfare, and 
Rural Development to which were referred Senate Bill No. 19, introduced by Senator 
Trillanes IV, entitled: 
"AN ACT 
PROHIBITING DISCRIMINATION AGAINST PERSONS ON 
ACCOUNT OF ETHNIC ORIGIN AND/OR RELIGIOUS BELIEF"; 
Senate Bill No. 1213, inlToduced by Senator Villar, entitled: 
"AN ACT 
PROHIBITING DISCRIMINATION AGAINST PERSONS ON 
ACCOUNT OF ETHNIC ORIGIN AND/OR RELIGIOUS BELIEF"; 
and Senate Bill No. 1342, intwduced by Senator Legarda, entitled: 
U AN ACT PROHIBITING RELIGIOUS OR RACIAL PROFILING" 
have considered the same and have the honor to report it back to the Senate with 11lC 
recommendation that the attached bill, Senate Bill No: 
2814 , prepared by 111e 
Committees, entitled: 


"AN ACT 
PROHIBITING PROFILING AS WELL AS DISCRIMINATION AGAINST 
PERSONS ON ACCOUNT OF ETHNIC OR RACIAL ORIGIN AND/OR 
RELIGIOUS AFFILIATION OR BELIEF" 
be approved in substitution of Senate Bill Nos. 19, 1213 and 1342 with Senators 
Trillanes IV, Villar, Legarda and Pangilinan as authors thereof. 
NGILINAN 
odal Justice, 
Development 
Respectfully submitted: 
Chairs: 
~ 
~~-=== 
LORE~DA 
V ice-Chair: 
Committee on Cultural 
Communities 
~ 
IGUELF.ZUBIRI 
__ ~_-et5mmittee on Cultural Communities 
2 


)y;~/ Ihv~"L(1 
/'(1 j/1.tCA-/l "Jz,// 
SER6io R. OSMENA III 
Commillec on Social Justice, 
Welfare & Rural Development 
~~ 
ANTONIO F. TRILLANES IV 
Committee on Social Justice, 
Welfare & Rural Development 
Committe 
Welfare 
1 Social Justice, 
ural Development 
RALPH G, RECTO 
Committee on Social Justice, 
Welfare & Rural Development 
M~l11.bers: 
PIA 5. CAYETANO 
G 'GORrO B. HONASAN II 
ommunilies; and Social 
Justice, Welfare & Rural 
Development 
FERDIN ND"iJ MARCOS, JR. 
COUll 
nities 
MANNYVI LAR 
Committee n Cultural 
Conlmunities 
Committee on Social Justice, Welfare & Rural Development 
3 


VICENTE C. SOlTO III 
Majority Leader 
Hon. JUAN PONCE ENRILE 
Se lIa Ie Pres! den t 
Senate of tlte Philippines 
Pasay City 
Ex-Officio Members 
President Pl'O-Tempore 
ALAN PETER "COMP ANERO" S. CAYETANO 
Minorih) Lender 
4 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
'11 
MAY 11 
P 1 :53 
SENATE 
S.No. 28] 4 
UFpOp',·,'f' :n~_ 
Prepared by the C011lmittees on Cultural Communities and Social Justice, Welfare, and Rural 
Development with Senators Tril1al1es IV, Villar, Legarda and Pangilinan as authors 
AN ACT 
PROHIBITING ETHNIC, RACIAL OR RELIGIOUS PROFILING AS WELL AS 
DISCRIMINATION AGAINST PERSONS ON ACCOUNT OF ETHNIC OR 
RACIAL ORIGIN AND/OR RELIGIOUS AFFILIATION OR BELIEF 
Be it eHacted by the Senate and the House of Representatives of the Philippines in Congress 
Assembled: 
1 
SECTION 1. Short Title. - 111is act shall be known as the" Anti-Etlmic 01' 
2 
Racial Profiling and Discrimination Act of 2011". 
3 
SEC. 2. Declaration of Policy. - It is hereby declared as the policy of the State 
4 
to: 
5 
a) 
Maintain peace and order, protect life, liberty and property, and promote the 
6 
general welfare for the enjoyment by all people the blessings of democracy; 
7 
b) 
Promote a just and dynamic social order that will ensure the prosperity and 
8 
independence of the nation and free the people from poverty through policies 
9 
that provide adequate social services, promote full employment, a rising 
10 
standard of living and an improved quality of life for all regardless of race, 
11 
ethnicily, religion or color; 
12 
c) 
Recognize and promote the rights of indigenous cultural communities within 
13 
the framework of national unity and development; 
1 


1 
d) 
2 
3 
4 
5 
e) 
6 
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; and 
Value the dignity of every human person and to guarantee full respect for 
human rights. 
7 
SEC. 3. Definition of Tenlls. - (1) "Acconunodation" as mentioned herein, 
8 
includes a house, apartment, condominium, townhouse, flat, motel, boarding house, 
9 
hotel and dormitory. 
10 
(2) "Discrimination" shall mean any distinction, exclusion, restriction or preference 
11 
made on the basis of ethnic or racial origin or religious affiliation or beliefs, which 
12 
has an effect or purpose of impairing or nullifying the recognition, enjoyment, or 
13 
exercise by a person, group of persons or institutions of their human rights and 
14 
fundamental freedoms in the political, economic, social, cultural, civil, or any other 
15 
field, especially including, but not limited to, employment, livelihood, housing, 
16 
education al\d basic services. 
17 
(3) "Education" refers to all types and levels of education, and includes access to 
18 
educali.on, the standard and quality of education, and the conditions under which it 
19 
is given. 
20 
(4) "Employment" pertains to the existence of an employer-employee relationship, 
21 
which is determined by the four-fold test: 1) selection of the employee; 2) payment of 
22 
wages; 3) power of dismissal; and 4) power of control. This definition shall apply to 
23 
regnlar, probational, contractual, seasonal, and project-based workers. In legitimate 
2 


1 
conhacting or sub-contTacting arrangements, the conh'actor/ subcontractor shall be 
2 
deemed the employ,er of the contractual employee. 
3 
(5) "Ellmic Origin" includes race, national origin, and ethno-linguistics origin. 
4 
(6) "Indigenous Peoples" shall, as provided under Section 3 (h) of Chapter II of RA 
5 
No. 8371 or the "Indigenous People's Rights Act (IPRA) of 1997", refers to a group of 
6 
people or homogenous societies identified by self-ascription by others, who have 
7 
continuously lived as an organized community on communally-bounded and 
8 
defined territory, and who have, under claims of ownership since time immemorial, 
9 
occupied, possessed and utilized such territories, sharing common bonds of 
10 
language, customs, traditions, and other distinctive cultural traits, or who have, 
n 
through resistance to political, social, and cultural inroads of colonization, non-
12 
indigenous religions and cultures, became historically differentiated from the 
13 
majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as 
14 
indigenous on account of their descent from the populations which inhabited the 
15 
counl1y, at the time of conquest or colonization, or at the time of inroads of non-
16 
indigenous religions and cultures, or the establishment of present state boundaries, 
17 
who retain some or all of their own social, economic, cultural and political 
18 
institutions, but who may have been displaced from their traditional domains or 
19 
who may have resettled outside their ancestral domains; 
20 
(7) "Racial Profiling" means the practice of relying to any degree, on race, ethnicity, 
21 
and religious affiliations, in selecting individuals to subject to routine or 
22 
spontaneous investigatory activities. 
23 
(8) "Religious Belief" includes the freedom of thought, conscience, and religion; 
24 
including the freedom to change one's religion or belief, and freedom, either alone or 
3 


1 
in community with others and in public or private, to manifest his religion or belief 
2 
in teaching, practice, worship and observance. 
3 
(9) "Goods and Services" as applied herein includes but shall not be limited to 
4 
establishments supplying physical goods and services such as restaurants, resorts, 
5 
hotels, clubs, and shopping malls as well as those providing cleaning, repair, 
6 
maintenance, construction, financial, health, transportation and public utility 
7 
services. 
8 
SEC. 4. Acts of Discrimination. - Discrimination is committed when a person 
9 
h'eats another less favourably on the basis of ethnic or racial origin and/ or religious 
10 
affiliation or belief than the person h'eats 01' would tTeat another without that 
11 
attribute, or willl a different atlTibute, on the same or similar circumstances in 
12 
employment, education, accommodation and delivery of services, to wit: 
13 
(a) Discrimination in Employment - It shall be unlawful for an employer to 
14 
discriminate 
against a person on the ground of etlmicity, race or religious 
15 
affiliation or belief: 
16 
1. In the a1'1'angements made by the employer in determining who should be 
17 
offered employment; 
18 
2. In determining who should be hired for employment; or 
19 
3. In the terms and conditions in which the employer offers employment. 
20 
Likewise, it shall be unlawful for an employer to discriminate against an 
21 
employee on the ground of ethnidty, race 01' religious affiliation or belief: 
22 
1. In the terms or conditions of employment which the employer affords the 
23 
employee; 
4 


1 
2. By denying the employee access or limiting the employee's access, to 
2 
opportunities for promotion, u'ansfer or h'aining, or to any other benefits 
3 
associated with employment; 01' 
4 
3. By dismissing the employee or subjecting the employee to any other 
5 
detriment. 
6 
(b) Discrimination in Education - It shall be unlawful for an educational institution, 
7 
both public and private, along with their officers and employees, to discriminate 
8 
against a person on the ground of ethnicity, race or religious affiliation or belief: 
9 
1. By unduly delaying, refusing 01' failing to accept a person's application for 
10 
admission as a student; 01' 
11 
2. By providing onerous or unjust terms and conditions for admission of a 
12 
person as a student. 
13 
3. By subjecting the person to any other detriment on the basis of etlmic 
14 
background and! or religious affiliation or belief. 
15 
It is likewise unlawful for an educational institution, both public and private, 
16 
along with their officers and employees, to discriminate against a student on the 
17 
ground of etlmicity, race or religious affiliation or belief: 
18 
1. By denying the student access, or limiting the student's access, to any benefit 
19 
provided by the educational authority; 
20 
2. By expelling the student or subjecting the student to any other detriment. 
21 
(c) Discrimination in the Delivery of Goods and Services - It shall be unlawful for a 
22 
person, whether as principal or agent, to discriminate against another person on 
23 
the ground of ethnicity, race, religious affiliation or belief: 
24 
1. By refusing to provide goods and services to another; 
5 


1 
2. By imposing onerous terms on which goods or services are provided; or 
2 
3. By subjecting another to any deh'iment in connection with the provision of 
3 
goods or services. 
4 
(d) Discrimination in Accommodation - It is unlawful for a person, whether as 
5 
principal or agent, to discriminate against another person on the ground of 
6 
ethnicity, race or religious affiliation or belief: 
7 
1. By refusing the person's application for accommodation; 
8 
2. In the terms and conditions imposed on the other person's accommodation; 
9 
3. By deferring the person's application for accommodation or according the 
10 
person a lower order of preference in any list of applicants for 
11 
accommodation; 
12 
4. By denying access or limiting access to any benefit associated with the 
13 
accommodation occupied by the person; 
14 
5. By evicting the person or subjecting the person to any other detriment. 
15 
(e) To subject a person to unnecessalY, unjustified, illegal, and degrading search 
16 
because of his etlmicity, race or religious affiliation of belief; 
17 
(f) To disallow a person or group of persons from entering any establishment such 
18 
as restaurants, hotels, shopping malls, and otller places of similar nature or to 
19 
subject one to discrimination or harassment in buses, taxis, ships, airplanes, 
20 
because he happens to don an attire based on his ethnicity, race, religious 
21 
affiliation or belief; 
22 
(g) To employ religiOUS characterization such as words of religious itnport itl print 
23 
and broadcast media when geographic, political, socio-economic or other 
24 
distinction might be more accurate; and 
6 


1 
(h) Any analogous act which has the effect or purpose of impairing or nullifying the 
2 
recognition, enjoyment, or exercise of the person's human rights and 
3 
fundamental freedoms in the political, economic, social, cultural, and civil 
4 
spheres on the basis of etlmic or racial backgTOund and! or religious affiliation or 
5 
beliefs. 
6 
SEC. 5. Persons liable. - Any person, natural or juridical, including the 
7 
government, government-owned and controlled corporations or any private 
8 
corporation, institution or company, who commits discrimination or profiling 
9 
against any person on account of etlmic or racial origin and! or religious affiliation 
10 
or belief, as provided for above, shall be liable under this Act. 
11 
Any person, who requests, instructs, induces, encourages, authorizes, or assists 
12 
another to commit acts of discrimination or profiling against any person on account 
13 
of ethnic 01' racial origin and! 01' religious affiliation or belief shall also be principally 
14 
liable under this act. 
15 
SEC. 7. Equal 0pp0l't"ll11ittj. - It shall be the duty of every person, natural 01' 
16 
juridical, public or private, to ensure that there is equal opportunity for all persons in 
17 
relation to actual or prospective employees, students, tenants, customers, clients, and 
18 
that no discriminatory acts, as defined herein, is committed by them or their agents 
19 
in the areas of employment, housing, education and delivery of basic goods and 
20 
services. 
21 
For this purpose, every agency, corporation, company and education institution, as 
22 
well as any other person providing employment, housing, education and delivery of 
23 
basic goods and services, shall issue an equal opportunity policy, including the 
24 
creation of an Equal Opportunity Conunittee, as provided in the following section. 
7 


1 
Failure to do so shall be deemed refusal to address discrimination, and shall be 
2 
penalized as an analogous act of discrimination. 
3 
SEC. 8. Equal 0ppol'tultif:1} Committees. - In order to ensure the compliance 
4 
of this Act, agencies, corporations, companies and educational institntions, whether 
5 
private or public, shall create an Equal Opportunity COll'unittee which shall have 
6 
administrative jurisdiction over cases involving discrimination under this Act. 
7 
Administrative sanctions shall not be a bar to any prosecution in the proper courts 
8 
for any act of discrimination committed under this Act or to any civil claims for 
9 
damages by said act. 
10 
SEC. 9. Pellal Clause. - Any person liable under this Act shall be penalized 
11 
with imprisonment for a period of not less than thirty (30) days to not more than one 
12 
(1) year and! 01' a fine of not less than ten thousand pesos (P10,000) nor more than 
13 
one hundred thousand pesos (P100,000), taking into consideration the circumstances 
14 
and gravity of the offense. This liability is without prejudice to any applicable 
15 
criminal action that may be instituted under the Indigenous Peoples Rights Act (RA 
16 
8371) or the Revised Penal Code (Act No. 3815); any administTative action or 
17 
disciplinary meastll'es under Civil Service rules or any civil action for damages 
18 
under the Civil Code. 
19 
SEC. 10. Dttf:1} of the C011lmission 011 Ruman Rights (CRR). - It shall be the 
20 
duty of the Commission on Human Rights (CHR), in coordination with the National 
21 
Commission on Indigenous Peoples and the National Commission on MU51im 
22 
Filipinos to prevent or deter the commission of acts of discl'imination and to provide 
23 
the procedures for the resolution, settlement or prosecution of acts of discrimination. 
24 
Towards this end, the CHR shall: 
8 


1 
(a) Promulgate appropriate rules and regulations prescribing the composition 
2 
and details of the Equal Opportunity Committee as well as the procedure for 
3 
the investigation of discrimination cases against citizens falling under their 
4 
jurisdiction and the administrative sanctions therefore; 
5 
(b) Ensure the creation of committees on equal opportunity in different agencies, 
6 
corporations, companies, and educational institutions, whether private or 
7 
public; and 
8 
(c) Require and supeTvise the agencies, corporations, companies and educational 
9 
institutions, whether private or public, in the implementation of this Act. 
10 
SEC. 11. Separability Clause. - If any portion of this Act is declared void or 
11 
unconstitutional, the remaining portions or provisions hereof shall not be affected by 
12 
such declaration. 
13 
SEC. 12. Repealing Clause. - Any provision of law or regulation inconsistent 
14 
herewith is hereby repealed, revoked or modified accordingly. 
15 
SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after its 
16 
publication in two (2) newspapers of general circulation. 
17 
Approved, 
9