EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
® n itf o( the feftrftar?
SENATE
*19 
DEC-9 A9 '11
s. B. NO. 1214
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, SEX, 
CIVIL STATUS, COLOR, ECONOMIC STATUS, ETHINICITY, 
MEDICAL CONDITION, PHYSICAL DISABILITY, POLITICAL 
OPINION OR AFFILIATION, RACE, OR RELIGIOUS BELIEF, 
PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Discrimination against all persons, in any and all of its forms, is abhorrent and 
must be considered as contrary to the principles and existence of a just and humane 
society. The Office of the High Commissioner of the United Nations Human Rights 
has categorically stated that “non-discrimination and equality before the law 
constitute fundamental principles of international human rights law and are essential 
elements of human dignity.”1
Thus, it is the duty of the State to institute measures that would protect 
people against discrimination, and to ensure that all persons have equal protection 
under the laws.
Cognizant of this, this bill seeks to prohibit discrimination on the basis of age, 
sex, civil status, color, economic status, ethnicity, medical condition, physical 
disability, political opinion or affiliation, race or religious belief. Among others, it 
prohibits any person from promoting and encouraging stigma in the media, in 
educational textbooks, and other medium, and include any of the grounds referred to
1 2017. Office of the High Commissioner of the United Nations Human Rights. Available at 
https://www.ohchr.org/EN/AboutUs/Pages/Enhancingequalitvandcounteringdiscrimination.aspx (date 
last accessed: October 6, 2019).


in the Act, in the criteria for hiring, promotion transfer, designation, work assignment, 
re-assignment, dismissal of workers, and other human resource movement and 
action, performance review and in the determination of employee compensation, 
career development opportunities, training and other learning and skills development 
interventions, incentives, privileges, benefits or allowances, and other terms and 
conditions of employment.
However, the bill exempts certain acts from being considered discriminatory, 
when the act conforms to or promotes the beliefs or doctrines of a person’s religion 
or when the acts or practices are necessary to avoid injury or conflict with the values 
of religious adherents, and when any of the circumstances enumerated under the 
Act are bona fide qualifications reasonably necessary to the normal operation of the 
particular business or reasonable grounds governing management prerogatives, 
among others.
T h e  bill a lso  cla rifie s th a t in all cases, the State shall avoid overriding the right to 
religious freedom  unless strictly necessary, and shall adopt m eans which are least restrictive 
to freedom  of religion as enshrined under Article III, Section 5 of the Constitution, in the 
pursuit of the protection against discrim ination. 
The bill further states that in the 
enforcem ent of the provisions of the Act, the fundam ental right of parents in the upbringing 
of their children in accordance with their religious convictions shall be given due and utm ost 
respect.
This bill also mandates the provision of social protection, and the 
establishment of a system of affirmative actions towards protecting the rights of 
indigenous peoples, other cultural minority and other groups that are most vulnerable 
to discrimination.
In short, this bill intends to introduce and institutionalize a Comprehensive 
Anti-Discrimination policy: one that is substantially inclusive and provides 
comprehensive protection for all Filipinos consistent with the principles enshrined in 
our Constitution and our values as a Filipino people.
Thus, the passage of this measure is immediately sought.
SENATOR
EL VILLANUEVA


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First R egular S ession
SENATE
S. B. NO. 1214
<9tl4(r of tijf fi)?crrtari>
•19 
OEC-9 A9:11
KECEriF.DBY:
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, SEX, 
CIVIL STATUS, COLOR, ECONOMIC STATUS, ETHINICITY, 
MEDICAL CONDITION, PHYSICAL DISABILITY, POLITICAL OPINION 
OR AFFILIATION, RACE, OR RELIGIOUS BELIEF, PROVIDING 
PENALTIES THEREFOR AND FOR OTHER PURPOSES
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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 “Comprehensive Anti- 
Discrimination Act."
SEC. 2. Declaration of Policy. -  The State recognizes the fundamental right of 
every person regardless of age, sex, civil status, color, economic status, ethnicity, 
medical condition, physical disability, political opinion or affiliation, race or religious 
belief to be free from any form of discrimination. It shall therefore intensify its efforts 
to fulfill its duties under international and domestic laws to respect, protect and fulfill 
the rights and dignity of every individual.
Towards this end, the State shall exert efforts to address all forms of discrimination 
and promote human dignity as enshrined in the United Nations Universal Declaration 
on Human Rights, the Convention on the Elimination of All Forms of Discrimination 
Against Women, Convention on the Rights of the Child, International Covenant on 
Civil and Political Rights, International Covenant on Economic, Social and Cultural 
Rights and all other relevant and universally accepted human rights instruments and 
conventions to which the Philippines is a signatory.
In all cases, the State shall avoid overriding the right to religious freedom unless 
strictly necessary, and shall adopt means which are least restrictive to freedom of


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religion as enshrined under Article III, Section 5 of the Constitution, in the pursuit of 
the protection against discrimination. Moreover, in the enforcement of this Act, the 
fundamental right of parents in the upbringing of their children in accordance with 
their religious convictions shall be given due and utmost respect.
SEC. 3. Definition of Terms.
defined as follows:
As used in this Act, the following terms shall be
(a) 
Discrimination refers to any distinction, exclusion, restriction, preference or 
other preferential treatment based, whether actual or perceived, on age, sex, 
civil status, color, economic status, ethnicity, medical condition, physical 
disability, political opinion or affiliation, race or religion, and has the purpose or 
effect of nullifying or impairing the recognition, access to, enjoyment, or 
exercise by all persons on equal footing of all rights and freedoms granted by 
the Constitution and other laws. Discrimination also includes incitement to 
discriminate and harassment;
(b) 
Profiling refers to the act of subjecting a person or group of persons to 
investigatory activities, which include unnecessary, unjustified, illegal and 
degrading searches, or other investigatory activities, in determining whether an 
individual is engaged in an activity presumed to be unlawful, immoral or socially 
unacceptable;
(c) 
Religious belief refers to the profession of a particular belief system based on 
religious grounds that may publicly or privately be manifested in worship, 
observance, practice, and teaching;
(d) 
Sex refers to the biological, structural, and functional characteristics of an 
individual; and
(e) 
Stigma refers to the dynamic devaluation and dehumanization of an individual 
in the eyes of others which may be based on attributes that are arbitrarily 
defined by others as discreditable or unworthy and which result in 
discrimination, as defined under this Act, when acted upon.
SEC. 4. Discriminatory Practices.
juridical, to:
It shall be unlawful for any person, natural or
(a) 
Promote and encourage stigma in the media, in educational textbooks, and 
other medium;
(b) 
Inciting violence or sexual abuse against any person or group on the basis of 
the grounds referred to in this Act is likewise prohibited;
(c) 
Include any of the grounds referred to in this Act, in the criteria for hiring, 
promotion, transfer, designation, work assignment, re-assignment, dismissal of 
workers, and other human resource movement and action, performance review 
and in the determination of employee compensation, career development 
opportunities, training and other learning and skills development interventions, 
incentives, privileges, benefits or allowances, and other terms and conditions of


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employment, and in determining whether or not to contract or engage the 
services of associations or organizations: Provided, that this provision shall 
apply to employment in both the private sector and public service, including 
military, police and other similar services; Provided, finally, that in all cases, 
employers may reserve the right to adopt and enforce workplace rules and 
policies consistent with, among others, their business needs, religious values or 
expression;
(d) 
Refuse admission or expel a person from any educational or training institution 
on the basis of the grounds referred to in this Act: Provided, however, that the 
right of educational and training institutions to determine the academic and 
other qualifications of their students or trainees shall be duly upheld; Provided, 
further, That educational and training institutions may reserve the right to refuse 
admission or expel a person if he/she acts contrary to the religious values of 
the institution, if any;
(e) 
Impose disciplinary sanctions, penalties harsher than customary or similar 
punishments, requirements, restrictions, or prohibitions that infringe on the 
rights of students on the basis of the grounds referred to in this Act, including 
discriminating against a student or trainee due to any of the aforesaid status of 
the student’s parents or legal guardian;
(f) 
Refuse or revoke the accreditation, formal recognition, registration or plan to 
organize of any organization, group, political party, institution or establishment, 
in educational institutions, workplaces, communities, and other settings, solely 
on the basis of the grounds referred to in this Act of their members or of their 
target constituencies, unless the said act is contrary to the values, including 
religious values, of the educational institution, workplaces, communities, and 
other settings;
(g) 
Deny a person access to public or private medical and other health services 
open to the general public, as well as access to public and private health 
insurance, including Health Maintenance Organization (HMO)-provided medical 
plans, on the basis of the grounds referred to in this Act;
(h) 
Deny an application for, or revoke, on the basis of the grounds referred to in 
this Act, any government license, authority, clearance, permit, certification, or 
other similar documents necessary to exercise a profession, business, or any 
other legitimate calling; Provided, that in no case shall a marriage license be 
issued to contracting parties who do not satisfy the essential requisites of 
marriage, as provided under Chapter 1, Article 2 of the Family Code of the 
Philippines;
(i) 
Deny a person, access to, or the use, of establishments, facilities, utilities or 
services, including housing, open to the general public on the basis of the 
grounds referred to in this Act: Provided, that the act of giving inferior 
accommodations or services shall be prima facie proof that a discriminatory act 
as provided under this subsection has been committed; Provided, further, that 
this prohibition covers acts of discrimination against juridical persons solely on 
the basis of the status or condition of their members or of their target


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constituencies; Provided, finally, That the owners and/or management of the 
establishment may reserve the right to refuse sen/ice any individual if the said 
act is contrary to his/her values, including religious values;
(j) 
Subject or force any person to undertake any medical or psychological 
examination to determine or alter any of the circumstances referred to in this 
Act, without the expressed consent of the person involved, or in case of a 
minor, his/her parents or judicially-appointed guardians; and
(k) 
Subject any person, natural or juridical, to profiling, detention, or verbal or 
physical harassment on the basis of the grounds referred to in this Act. For the 
avoidance of doubt, members of law enforcement agencies, including the 
military, police and immigration officials, shall be prohibited from profiling, 
detaining, or verbally or physically harassing any person, including persons in 
custody or in detention, on the basis of the grounds referred to in this Act.
SEC. 5. Exceptions. -  Notwithstanding Section 4 of this Act, the following acts shall 
not be deemed unlawful and discriminatory, within the meaning of this Act:
(a) 
When the act conforms to or promotes the beliefs or doctrines of a person’s 
religion or when the acts or practices are necessary to avoid injury or conflict 
with the values of religious adherents;
(b) 
When any of the circumstances enumerated under this Act are bona fide 
qualifications, occupational or otherwise, reasonably necessary to the normal 
operation of the particular business or reasonable grounds governing 
management prerogative;
(c) 
When any of the circumstances with respect to a particular line of work is based 
on an inherent requirement which is necessary in achieving a legitimate work- 
related function; or
(d) 
When the act or omission is done in good faith for the purpose of promoting or 
advancing the interests of a person or group who need or may reasonably be 
presumed to need assistance or advancement in order to achieve equality with 
other members of society,
SEC. 6. Administrative Sanctions. -  Any responsible government official, in the 
exercise of his functions, who willfully refuses, without any valid ground, to 
investigate, prosecute, or otherwise act on a complaint for a violation of this Act shall 
be guilty of gross negligence and shall be subjected to appropriate administrative 
proceedings.
SEC. 7. Penalties. -  Any person who commits any of the discriminatory practices 
enumerated under this Act shall, upon conviction, be penalized by a fine ranging 
from Ten Thousand Pesos (Php10,000) to One Hundred Thousand Pesos 
(Php100,000), or to imprisonment of not more than thirty (30) days, or both, subject 
to the discretion of the court.


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In addition, the court may require the offender to render community service, which 
shall include attending seminars that advocate anti-discrimination agendas on any of 
the circumstances enumerated under this Act.
Nothing in Act shall preclude the victim from instituting a separate and independent 
action for damages and other affirmative reliefs.
For the avoidance of doubt, the penalties provided under this Section shall be 
without prejudice to the imposition of administrative liability for government officials 
and employees,
SEC. 8. Redress Mechanisms for Discrimination Cases. -
(a) 
Inclusion of Discrimination Concerns in All Police Stations. -  The Women 
and Children’s Desks now existing in all police stations shall also act on and 
attend to complaint s/cases covered by this Act. 
In this regard, the police 
officers handling said desks shall undergo trainings on human rights and 
sensitization on the issue of violence and abuse on the basis of the grounds 
referred to in this Act.
Complainant-minors can be represented by parents, guardians, social workers, 
or a non-government organization of good standing and reputation.
(b) 
Role of the Civil Service Commission. -  The Civil Service Commission 
(CSC) shall promulgate the appropriate rules and regulations for the 
establishment of a grievance mechanism to address discriminatory practices 
committed in, and by officers or employees of, government agencies, 
instrumentalities, and government owned and controlled corporations (GOCCs) 
and other offices under its jurisdiction.
(c) 
Role of the Department of Labor and Employment. -  The Department of 
Labor and Employment (DOLE) shall promulgate the rules and regulations 
necessary to enhance anti-discrimination protection in work places, including 
the establishment of a grievance mechanism to address discriminatory 
practices committed in the work place.
(d) 
Role of the Commission on Human Rights. -  The Commission on Human 
Rights (CHR) shall investigate and recommend the filing of a complaint against 
any State actors violating the provisions of this Act.
The CHR shall also direct the officer concerned to take appropriate action 
against a public officer or employee at fault or who neglects to perform an act 
or discharge a duty required under this Act, and recommend the 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 CHR 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.


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SEC. 9. Programs to Promote Non-Discrimination and Diversity. -  To eliminate 
all forms of discrimination, the State shall 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 promote non-discrimination and shall 
encourage other sectors of the society to engage and participate in these efforts, and 
shall, as far as practicable, ensue the implementation of the following programs:
(a) 
Social Protection Programs. -  The national government shall ensure that 
communities vulnerable to stigma and discrimination on the basis of the 
grounds referred to in this Act are integrated into government-run social 
protection programs.
(b) 
Diversity Programs and Policies. -  All government agencies, government- 
owned and controlled corporations, private companies, public and private 
educational institutions, and other entities shall establish diversity programs to 
ensure that all forms of discrimination are prevented. They shall also create an 
internal redress mechanism to address cases of discrimination and develop 
administrative remedies or sanctions for such cases. Public institutions shall 
incorporate these programs into existing gender and development programs.
(c) 
Information and Education Campaign. -  All government agencies and 
instrumentalities are mandated to develop and implement information 
dissemination on any of the prohibited forms of discrimination. They shall 
endeavor to produce and publish information and education campaign 
materials on discrimination .
(d) 
Affirmative Action. -  The State shall develop a system of affirmative actions 
towards protecting the rights of Indigenous peoples, other cultural minority 
groups and groups that are most vulnerable to discrimination.
SEC. 
10. 
Congressional 
Oversight Committee. -  An Anti-Discrimination 
Congressional Oversight Committee (ADCOC) is hereby created for the purpose of 
ensuring the effective implementation of this Act. The ADCOC shall be composed of 
five members from each of the Houses of Congress, which shall include the 
Chairperson and two members of the Senate Committee on Women, Children, 
Family Relations, and Gender Equality; the Chairperson and one member of the 
Senate Committee on Justice and Human Rights; the Chairperson and two members 
of the House Committee on Women and Gender Equality; and the Chairperson and 
one member of the House Committee on Justice. The members of the ADCOC shall 
be appointed by the Senate President and the Speaker of the House with at least 
one (1) member from each House representing the Minority.
The ADCOC shall be jointly chaired by the Chairpersons of the Senate Committee 
on Women, Children, Family Relations and Gender Equality and the House 
Committee on Women and Gender Equality. The Vice-Chair of the ADOC shall be 
jointly held by the Chairpersons of the Senate Committee on Justice and Human 
Rights and the House Committee on Justice. The Secretariat shall come from the 
existing Secretariat personnel of the Senate and the House of Representatives 
committees concerned.


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The ADCOC shall cease to exist six years after its organization.
SEC. 11. Implementing Rules and Regulations. -  Within sixty (60) days from the 
effectivity of this Act, the Commission on Human Rights, Civil Service Commission, 
Department of Labor and Employment, Philippine National Police, Department of 
Interior and Local Government, Department of Education, and other concerned 
government agencies, shall promulgate the implementing rules and regulations for 
the effective implementation of this Act.
SEC. 12. Separability Clause. -  If any provision of this Act is declared 
unconstitutional or otherwise invalid, the validity of the other provisions shall not be 
affected thereby.
SEC. 13. Repealing Clause. -  All laws, decrees, orders, rules and regulations or 
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 14. Effectivity. -  This Act shall take effect 15 days after its publication in the 
Official Gazette or in a newspaper of general circulation.
Approved,