FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. S440

EXPLANATORY NOTE

The Constitution mandates that no person shall be denied the equal
protection of the laws; provides for the rights of indigenous cultural
communities and prohibits discrimination by reason of ethnic origin or
religious belief.

Pursuant to these constitutional mandates, the State must prohibit
discrimination against persons on account of ethnic origin and/or religious

belief.

Approval of this is earnestly requested

RUFYS B. Rt (GUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and

Representative Maximo B. Rodriguez, Jr.

House Bill No._ 3440)

AN ACT

PROHIBITING DISCRIMINATION AGAINST PERSONS ON ACCOUNT OF
ETHNIC ORIGIN AND/OR RELIGIOUS BELIEF

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

SEC.1.

Short Title — This Act shall be known as “The Anti-Racial

and Religious Discrimination Act of 2010”.

SEC.2.
(a)

(b)

()

(d)

SEC.3.

Declaration of Policy ~ It is the policy of the State to:

Maintain peace and order, protect life, liberty and
property, and promote the general welfare for the
enjoyment by all people of the blessings of democracy;
Promote a just and dynamic social order that will ensure
the prosperity and independence of the nation and free
the people from poverty through the promotion of full
employment, a rising standard of living and an improved
quality of life for all;

Recognize and promote the rights of indigenous culture
commurities 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 culture inequities by equitably
diffusing wealth and political power for the common good.

Meaning of Discrimination - The term “discrimination” as

used in this Act shall mean any distinction, exclusion or restriction made on
the basis of ethnic origin or religious affiliation or beliefs, which has the effect
or purpose of impairing or nullifying the recognition, enjoyment or exercise by
them of their human rights and fundamental freedoms in the political,


economic, social, culture, civil or any other field , especially including, but not
limited to employment, livelihood, housing, education and basic service.

SEC.4. Definition of Terms — (1) “Ethnic origin” includes race,
national origin and ethno-linguistics origin.

(2) “Indigenous peoples” shall, as provided under Section 3(h), Chapter
Il of Republic Act No. 8371 or the “indigenous People's Rights Act (IPRA) of
1997" refer to a group of people who are regarded as indigenous on account
of their decent from the populations which inhabited the country, at the time of
conquest or colonization, or at the time of inroads of non-indigenous religious
and cultures, or the establishment of present state boundaries, who retain
some or all their own social, economic, culture and political institutions but
who may have been displaced from their traditional domains or who have
resettled outside their ancestral domains

(3) “Moro people” refers to the indigenous people who have historically
inhabited Mindanao, Palawan and Sulu, and who are largely of the Islamic
faith.

(4) "Muslims" refers to those who are followers of the Islamic faith,
Whether from birth or by conversion.

(5) “Religious belief’ means holding or not holding a religious belief or

view and engaging in, not engaging in or refusing to engage in a religious
activity

(6) “Accommodation”, as mentioned herein, includes a house,
apartment, condominium, townhouse, flat, hotel, motel, boarding house,
hostel and dormitory.

SEC.5. Acts of Discrimination — Discrimination is committed when
a person treats another less favorably on the basis of ethnic origin and/or
religious affiliation or belief than the person treats or would treat another
without that attribute, or with a different attribute, on the same or similar
circumstances in employment, education, housing and delivery of basic
services, to wit

(a) Discrimination in Employment — An employer or his agents must
not discriminate against an applicant for a job by refusing employment to the
person or by imposing on that person onerous terms and conditions on the
basis of his ethnic background and/or religious affiliation or beliefs. Likewise,
an employer or his agents shall be liable for discrimination by denying or
limiting access of the employee to opportunities for promotion, transfer or
training, or to any other benefits connected with the employment or by
dismissing the employee, or by subjecting the employee to any other
detriment on the basis of ethnic background and/or religious affiliation or
beliefs;


(b) Discrimination in Education - A public or private educational
institution, their officers or employees, or any person acting on their behalf
shall be liable for discrimination by refusing, or failing to accept another for
application for admission as student or by denying or limiting access of a
student to any benefit or privilege by the said institution, or by expelling the
student, or by subjecting the student to any other detriment on the basis of
ethnic background and/or religious affiliation or belief;

(©) Discrimination in the Delivery of Goods and Service — Any person
who, by reason of ethnic background and/or religious affiliation or belief, shall
be liable for discrimination if he refuses to provide goods or services to
another, or imposes onerous terms on which goods or services are provided;
or subjects another to any other detriment in connection with the provision of
goods or services to him:

(d) Discrimination in Accommodation — A person or his agents shall be
liable for discrimination by refusing, or failing to accept or process the
application for accommodation of another by providing onerous terms and
conditions not similar to other applicants, or by subjecting another to any other
detriment in connection with the provision of accommodation to that person on
the basis of ethnic background and/or religious belief; and

SEC. Persons Liable — Any person, natural or juridical including
any government or private corporation, institution or company, who commits
discrimination against any person on account of ethnic origin and/or religious
affiliations or beliefs, as provided for above, shall be liable under this Act.

Any person who requests, instructs, induces, encourages, authorizes,
or assists another to commit acts of discrimination shall also be liable under
this Act. Likewise, a 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.

SEC.7. Equal Opportunity — It shall be the duty of every person,
natural or juridical, public or private, to ensure that there is equal opportunity
for all person 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 of employment, housing,
education and delivery of basic goods and services

For this purpose, every agency, corporation, company and educational
institution, as well as any other person providing employment, housing
education and delivery of basic goods and services, shall issue an equal
opportunity policy, including the creation of an Equal Opportunity Committee,
as provided for in Section 8 hereof. Failure to do so shall be deemed refusal
to address discrimination, and shall be penalized as an act of discrimination.

SECS. Equal Opportunity Committees — In order to ensure the
compliance of this Act, agencies, corporations, companies and educational
institutions, whether private or public, shall create an Equal Opportunity


committee which shall have administrative jurisdiction over cases involving
discrimination under this Act.

The committee shall be tasked, among others, to conduct the
investigation of alleged cases constituting discrimination on the basis of ethnic
origin and/or religious affiliation or beliefs.

Administrative sanctions shall not be a bar to any prosecution in the
proper courts or any act of discrimination committed on the basis of ethnic
origin and/or religious affiliation or beliefs, or to any civil claims for damages
caused by said acts.

SECS. Penal Clause — Any person liable under this Act shall be
penalized by imprisonment for a period of not less than thirty (30) days nor
more than six (6) months and/or a fine of not less than Ten thousand pesos
(Php10,000.00) nor more than One hundred thousand pesos
(Php 100,000.00), taking into consideration the circumstances and gravity of
the offense.

SEC.10. Duty of the Commission on Human rights (CHR) — It shall
be the duty of the Commission on Human rights (CHR), in coordination with
the Office on Muslim Affairs (OMA) and the National Commission on
Indigenous People (NCIP) to prevent or deter the commission of acts of
discrimination and to provide the procedures for the resolution, settlement or
prosecution of acts of discrimination. Towards this end, the CHR shall

(a) Promulgate appropriate rules and regulations prescribing the
procedure for the investigation of discrimination cases against their people
and the administrative sanctions therefore;

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

(c) Require and supervise the agencies, corporation, companies and
educational institutions, whether private or public, in the implementation of this
Act

SEC.11. __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.12 _ Repealing Clause - Any provision of law or regulations
inconsistent herewith is hereby repealed, revoked or modified accordingly.

SEC.13 _Effectivity — This Act shall take effect fifteen (15) days
after its publication in two (2) newspapers of general circulation.

Approved.