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

SEVENTEENTH CONGRESS PSQISTRATION UNIT
First Regular Session |

BILLS aND INDEX SERVICE

R916
House Bill No. 3512

Introduced by REP. KAKA BAG-AO, REP. HENEDINA ABAD, REP. MA,
LOURDES ACOSTA-ALBA, REP. EMMELINE AGLIPAY-VILLAR,
REP. MERCEDES ALVAREZ, REP. TEDDY BAGUILAT, JR., REP. JORGE
“BOLET” BANAL, REP. NANCY CATAMCO, REP. CHRISTOPHER DE
VENECIA, REP. CHERYL DELOSO-MONTALLA, REP. SHARON GARIN,
REP. VICTORIA NOEL, REP. JOSEPHINE RAMIREZ-SATO, REP.
GERALDINE ROMAN, REP. BAI SANDRA SEMA, REP. SITTI DJALIA
TURABIN-HATAMAN, and REP. TOMASITO VILLARIN

EXPLANATORY NOTE

Equality underscores the human rights principles that are embedded in the laws of the country.
The legal framework with which we protect and promote human rights, from the 1987
Constitution and several special laws to various international human rights that the Philippines is
a signatory of, affirms the equal application of human rights and freedoms.

The denial of basic fairness, however, is an everyday reality for many Filipinos, Indigenous
peoples are denied access to basic services because of prejudices against their ethnolinguistic
background or cultural expressions, Muslim Filipinos suffer from ridicule and harassment caused
by ignorance brought about by religious differences. Biases against one’s sexual orientation or
gender identity result in the denial of one’s right to education or work. HIV-related stigma limits
opportunities not just for persons living with HIV (PLHIV), but also for communities that are
vulnerable or affected by it. Persons with disability (PWDs) are still treated as second-class citizens
in the country because of prejudices against their condition.

This demonstrates that the realities on the ground do not meet the standards and guarantees
provided by universally recognized human rights. Cases of human rights violations against
vulnerable Filipino communities, some of which are considerably grave, present a serious
challenge to the State and the society in general: as the country strives to improve the lives of
Filipinos, there are individuals and groups that are left behind,

The fundamental law also declares that the State values the dignity of every human person and


guarantees full respect for human rights (Section 11, Article I, 1987 Constitution). It also
imposes on the State the duty to ensure the fundamental equality before the law of women and
men (Sec. 14, Id.).

Furthermore, the equal protection clause in the Bill of Rights, which according the eminent
constitutionalist Fr. Joaquin Bernas "is a specific constitutional guarantee of the Equality of a
person’, provides a remedy for those who suffer from discrimination. In J.M. Tuason and Co. vs.
The Land Tenure Administration, the Supreme Court ruled that this clause requires that "/aws
operate equally and uniformly on all persons under similar circumstances or that all persons must
be treated in the same manner, the conditions not being different, both in the privileges conferred
and the liabilities imposed.”

This proposed measure provides protection against various forms of discriminatory practices. It
recognises the intersectionalities and layers of human rights abuses, which requires a more
comprehensive framework. The bill does not accord additional entitlements to any communities;
instead, it ensures that violations or threats to human rights are addressed.

The bill is also not simply punitive. It also recognises that preventive measures are of equal
importance. It responds to stigma, or the dehumanisation of vulnerable individuals or
communities, and ensures that respect for diversity is promoted. It thus supports the inclusion of
various vulnerable communities in the government's social protection programs, and that within
the private and public spheres, ‘diversity programs’ are established and implemented.

As the country moves towards the fulfillment of the guarantees provided by the Constitution and
by various human rights instruments, discrimination needs to be addressed and eliminated. No
Filipino should be left behind,

The approval of this bill is urgently sought.

REP. HEI ats

Lone Dist Batanes
bcainbeat See
REP. LOURDES ACOSTA-AI REP. EMMELINE AGLIPAY-VILLAR
First District, Bukidnon DIWA Party-List

Tat MWe.
Ke. MERCEDES ALVAREZ REP. TEDDY BAGUILAT, JR.
Sixth District, Negros Occidental Lone Distyj€t, Ifugao


a

REP. JORGE “BOLET” BANAL
‘Third District, Quezon City

REP. Cl PHER DE VENECIA P. CHERYL DELOSO-MONTALLA
Fourth District, Pangasinan Second District, Zambales

REP. VICTORIA NOEL
‘An Waray Party-List

e
YY / , Miron a
REP. JOSEPHINE REZ-SATO. EP. GERALDINE ROMAN
Lone District, Occidehtal/ Mindoro First District, Bataan

REP. BAI SANDRA SEMA Ree icten TURABIN-HATAMAN
First District, Mpguindanao / Cotabato City AMIN Party-List

REP. JOMASITO VILLARIN
Akbayan Party-List


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

SEVENTEENTH CONGRESS
First Regular Session

8212

House Bill No.

Introduced by REP. KAKA BAG-AO, REP. HENEDINA ABAD, REP. MA.
LOURDES ACOSTA-ALBA, REP. EMMELINE AGLIPAY-VILLAR,
REP. MERCEDES ALVAREZ, REP. TEDDY BAGUILAT, JR., REP. JORGE
“BOLET” BANAL, REP. NANCY CATAMCO, REP. CHRISTOPHER DE
VENECIA, REP. CHERYL DELOSO-MONTALLA, REP. SHARON GARIN,
REP. VICTORIA NOEL, REP. JOSEPHINE RAMIREZ-SATO, REP.
GERALDINE ROMAN, REP. BAI SANDRA SEMA, REP. SITTI DJALIA
TURABIN-HATAMAN, and REP. TOMASITO VILLARIN

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF ETHNICITY, RACE, RELIGION OR
BELIEF, SEX, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY AND
EXPRESSIONS, LANGUAGE, DISABILITY, HIV STATUS, AND OTHER STATUS, AND
PROVIDING PENALTIES THEREFOR

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 and cited as the “Comprehensive Anti-
Discrimination Act.”

Section 2. Declaration of Policies. — \t is the policy of the state to work actively for the
elimination of all forms of discrimination that offends the equal protection clause of the Bill of
Rights and the State obligations under human rights instruments acceded to by the Republic of
the Philippines, particularly those discriminatory practices based on sex or sexual orientation.
Towards this end, discriminatory practices as defined herein shall be proscribed and penalized

Section 3. Definition of Terms — For the purposes of this Act, the following terms shall be
defined as follows:

a. Disability refers to (1) a physical or mental impairment that substantially limits one or
more psychological, physiological or anatomical function of an individual or activities of



such individual; (2) a record of such an impairment; or (3) being regarded as having such
an impairment.

.. Discrimination refers to any distinction, exclusion, restriction or preference or other
differential treatment that is directly or indirectly based on ethnicity, race, religion or
belief, sex, gender, sexual orientation, gender identity, gender expression, disability, HIV
status, or other status, which has the intention or effect of nullifying or impairing the
recognition, enjoyment or exercise, on an equal footing, of political, civil, economic, social,
and cultural rights. Discrimination, which also includes incitement to discriminate and
harassment, is a result or a product of stigma.

Education and Training refers to all types and levels of education, training, and other
avenues for learning and includes access thereto, the standard and quality thereof, and
the conditions under which the same is given.

.__ Ethnic Origin refers to race, national origin, and ethno-linguistic origin.

Employment refers to 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 regular,
probationary, casual, contractual, fixed-term, and seasonal workers. In legitimate
contracting arrangements, the contractor/subcontractor shall be deemed the employer of
the contractual employee.

Gender Identity refers to the personal sense of identity or expression 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 sex.

Gender Expression refers to the outward manifestations of the cultural traits that enable
@ person to identify as male or female according to patterns that, at a particular moment
in history, a given society defines as gender appropriate.

|. HIV Status refers to the presence or absence of the human immunodeficiency virus (HIV)
in the body of an individual.

Indigenous Peoples refers to 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;

Indigenous Peoples also refers to a group of people or homogenous societies identified
by self ascription and ascription by others, who have continuously lived as organized
community on communally bounded and defined territory, and who have, under claims of

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‘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;

j. Profiling refers to relying on the prohibited grounds of discrimination in subjecting a person
or group of persons to investigatory activities, which include unnecessary, unjustified,
illegal, and degrading searches, questioning or other investigatory activities, in
determining whether an individual is engaged in an activity presumed to be unlawful,
immoral, or socially unacceptable.

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

|. Sexual Orientation refers to the direction of emotional sexual attraction or conduct. This
can be towards people of the same sex (homosexual orientation), towards people of both
sexes (bisexual orientation), towards neithers, or towards people of the opposite sex
(heterosexual orientation) or towards everyone.

m. Stigma refers to the dynamic process of devaluation that significantly discredits an
individual in the eyes of others. When stigma is acted upon, the result is discrimination.

n. Vulnerable Communities refer to communities or sectors that encounter stigma and
discrimination based on the grounds enumerated in Section 4.

Section 4. Prohibited Grounds for Discrimination. - For the purposes of this Act,
discrimination that is indirectly or directly based on the actual or perceived ethnicity, race, religion
or belief, sex, gender, sexual orientation, gender identity, gender expression, civil status,
disability, HIV status, or other status is prohibited.

Section 5. Discriminatory Acts. — The following acts shall be prohibited:

a. _Inflicting stigma ~ It shall be unlawful for any person to commit any acts that promote
and encourage stigma based on the grounds referred to in Section 4. Content in the
media, in educational textbooks, or in other medium that aims to inflict stigma is likewise
prohibited.

b. Denial of political, civil, and cultural rights - It shall be unlawful to deny a person
enjoyment of political, civil, and cultural rights based on the grounds referred to Section
4.

cc. Denial of right to education - It is unlawful for any person to:


Refuse admission or expel a person from any educational or training institution on
the basis of the grounds defined in Section 4, without prejudice to the right of
educational or training institutions to determine the academic qualifications of their
students or trainees;

Impose disciplinary sanctions, penalties harsher than customary, or similar
Punishments, requirements, restrictions, or prohibitions that infringe on the rights
Of the students on the basis of the grounds identified in Section 4; and

This prohibition extends to acts committed against a student or trainee to discriminate his
or her parents or legal guardians based on grounds referred to in Section 4.

d. Denial of right to work— It is unlawful for any person to:

1.

Use the grounds in Section 4 or require the disclosure thereof in the selection,
promotion, and termination of workers, and in the determination of compensation,
training, incentives, privileges, benefits or allowances, as well as other terms and
conditions of employment;

Deny employment in government institutions, including police and military service,
based directly or indirectly on the grounds referred to in Section 4;

Refuse to enter into contract or agreement with persons or group of persons based
solely or partly on the grounds provided in Section 4; and

deny an application for or revoke a professional license issued by the government
directly or indirectly due to the grounds included in Section 4.

e. Denial of access to goods and services — It is unlawful for any person to:

qi:

Deny a person, solely or partly on the basis of the grounds in Section 4, of goods
and services available to the general public, such as but not limited to private and
Public insurance, housing and other forms of accommodation, medical and clinical
services;

Refuse entry to or evict a person from any establishment, facilities or utilities that
are open to the general public, such as but not limited to restaurants, bars, hotels,
shopping malls, solely or partly on the basis of the grounds listed in Section 4;
Cause undue and unjust deferral of services or provision of inferior services to
persons due to the grounds in Section 4; and

There is discrimination if the acts above are committed against organizations or groups of
persons based on the grounds identified in Section 4.

f. Denial of right to organize ~ It shall be unlawful to prohibit, prevent, or revoke the
accreditation, formal recognition, and/or registration of any organization, group, political
party, institution or establishment, in educational institutions, workplaces, communities,
and other settings, based partly or solely on the grounds provided for in Section 4,

Discrimination is also committed when additional requirements beyond the customary are
imposed directly or indirectly due to the grounds stipulated in Section 4.



9. Inflicting harm on health and well-being - It shall be unlawful to subject any person,
without consent, to any unnecessary medical or physical examination, psychological
treatment, faith-based practices, and other similar procedures based solely or partly on
any of the grounds referred to in Section 4 that aim to change identity or physical
attributes or impose behavior or expressions.

h. Engaging in profiling Xt shall be illegal for any person, including members of the military
and law enforcement agencies, to engage in profiling based solely or partly on the grounds
included in Section 4.

i. Abuses by state and non-state actors~ It shall be unlawful for any government agencies,
including local government units, police, military, and immigration, to harass verbally or
physically, to curtail freedom of movement, or to extort from a person or a group of
Persons on the basis of the grounds stipulated in Section 4. This prohibition applies to
similar abuses committed by non-state actors.

j. Detention and confinement It shall be unlawful to detain and confine a person or groups
of persons based directly or indirectly on the grounds under Section 4.

k. Other analogous circumstances ~ Any 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 are also prohibited.

Section 6. Persons Liable— Any person, natural or juridical, or their representatives, including
government, government-owned and controlled corporations, or any private corporation,
institution or company, who commits any of the acts under Section 5, shall be liable under this
Act.

‘Any person, natural or juridical, or their representatives, who requests, instructs, induces,
encourages, authorizes, tolerates, or assists another to commit any of the acts under Section 5
shall also be principally liable under this Act.

Section 7. Programs to promote non-discrimination and diversity — The State shall
endeavor to eliminate all forms of discrimination and shall therefore pursue initiatives and
programs that seek to enable an environment free of stigma and discrimination, It shall direct the
machinery and resources of the State to ensure non-discrimination and promote equality and
shall encourage other sectors of the society to engage and participate in these efforts. It shall
ensure the establishment of the following programs:

a. Social Protection Program — The national government shall implement social protection
measures for communities affected by and vulnerable to stigma and discrimination.

b. Diversity Programs and Policies - All government agencies, government-owned and
controlled corporations, private companies, public and private educational institutions, and

5


other entities shall establish diversity programs to ensure that discrimination and abuse
are prevented. They shall also create an internal redress mechanism to address cases of
discrimination and grant administrative remedies or sanctions for such cases.

The Civil Service Commission, Department of Labor and Employment, Department of
Interior and Local Government, the Armed Forces of the Philippines, Department of
Education, Commission on Higher Education, Technical Education and Skills Development
Authority, Department of Justice, Department of Foreign Affairs, and Department of
Health shall ensure the implementation of this section.

Failure of the above agencies to ensure the implementation of this provision shall be
deemed refusal to address discrimination and shall be penalized as an analogous act of
discrimination.

Section 8. Duties of the Commission on Human Rights. - The Commission shall investigate
and prosecute on its own or on complaint by any person acts or omissions violating this Act. If
the Commission has reasonable cause to believe that any person or group of persons is engaged
in discrimination under this Act, the Commission shall commence a legal action in the regular
court.

The Commission shall also direct the officer concerned to take appropriate action against a public
officer or employee at fault or who neglect to perform an act or discharge a duty required under
this Act, and order revocation of license, removal from office or employment, suspension,
demotion, fine, censure, or prosecution, and ensure compliance therewith. Refusal by any officer
without just cause to comply with an order of the Commission to revoke the license, remove,
suspend, demote, fine, censure, or prosecute an officer or employee who is at fault, or who
neglects to perform an act or discharge a duty required under this Act, shall be a ground for
disciplinary action against said officer.

Section 9. Penalties. - Persons found guilty of any of the discriminatory practices under Section
5 (A), 5 (B), 5 (E), 5 (F), and 4 (K) of this Act shall be penalized with a fine of not less than One
Hundred Thousand Pesos (P100,000) but not to exceed Two Hundred and Fifty Thousand Pesos
(P250,000) or imprisonment of two (2) years but not more than six (6) years, or both at the
discretion of the court.

Persons found guilty of any of the discriminatory practices under Section 5 (C), 5 (D), 5 (G), 5
(H), 5 (1), 5 (3) and 5 (K) of this Act shall be penalized with a fine of not less than Two Hundred
Fifty Thousand Pesos (P250,000) but not to exceed Five Hundred Thousand Pesos (P500,000) or
imprisonment of six (6) years but not more than twelve (12) years, or both at the discretion of
the court.


If the violator is a corporation, organization or any similar entity, the officials thereof directly
involved shall be liable therefor.

If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence
without further deportation proceedings.

Persons found guilty of any of the discriminatory practices prohibited under this Act shall also be
ivilly liable.

The administrative remedies provided under this Act do not bar prosecution or civil claims in
proper courts for any act of discrimination committed under this Act.

If any crime penalized under the Revised Penal Code is committed in pursuit of discrimination,
the penalty provided under the Revised Penal Code shall be applied and the discrimination
committed shall be considered as an aggravating circumstance.

Section 10. Appropriations. ~ The initial amount necessary to implement the provisions of this
Act shall be charged against the current year's appropriation of the agencies tasked to implement
the provisions of this Act. Thereafter, such sums as maybe necessary for the continued
implementation of this Act shall be included in the Annual General Appropriations Act.

Section 11. Implementing Rules and Regulations. ~ The CHR, Civil Service Commission,
Department of Labor and Employment, Department of Interior and Local Government, the Armed
Forces of the Philippines, Department of Education, Commission on Higher Education, Technical
Education and Skills Development Authority, Department of Justice, Department of Foreign
Affairs, Department of Health, National Commission on Indigenous Peoples, and National
Commission on Muslim Filipinos shall promulgate the necessary implementing rules and
regulations within sixty (60) days from the effectivity of this Act.

Section 12. Separability clause. — Any portion or provision of this Act that may be declared
unconstitutional or invalid shall not have the effect of nullifying the other portions and provisions
hereof as long as such remaining portion or provision can still subsist and be given effect in their
entirety.

Section 13. Repealing clause. ~ All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed, amended, or modified accordingly.

Section 14. Effectivity. -This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.

Approved,