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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Representative GERALDINE B. ROMAN

EXPLANATORY NOTE

This measure provides protection against various forms of discriminatory
practices. It does not accord additional entitlements to any communities instead, it
ensures that violations or threats to human rights are addressed.

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 11,
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..

The bill is also not simply punitive. It also recognizes that preventive
measures are of equal importance. It responds to stigma, or the dehumanization 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.


For these reasons, passage of this bill is earnestly sought.

ras

ERALI B. ROMAN



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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 136

Introduced by Representative GERALDINE B. ROMAN

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

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."

SECTION 2. Declaration of Policy. - The State recognizes the fundamental right of
every person, regardless of sex, age, class, status, ethnicity, color, disability, religious and
political beliefs, sexual orientation or gender identity, 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.

It is the policy of the State to work actively for the elimination of all forms of
discrimination that offend 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, the State shall exert efforts to address all forms of discrimination
and violence and to 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, particularly the General Recommendation No. 28 on Non-
discrimination Based on Sexual Orientation and Gender Identity, 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 other international conventions to which the Philippines is a signatory
of. Towards this end, discriminatory practices as defined herein shall be proscribed and
penalized,


SECTION 3. Definition of Terms, -For the purpose of this Act, the following terms

shall mean:

Accommodation shall refer to a house, apartment, condominium, townhouse, flat,
hotel, villa, motel, boarding house, hostel, dormitory, elderly homes, detention centers,
rehabilitation facilities, orphanages, health facilities, including mental health facilities,
birthing homes and hospital clinics, detention centers, camping grounds and other
analogous places, whether public or private;

. 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 constitutes any distinction, exclusion, restriction or preference or other
differential treatment that is directly or indirectly based on the protected attributes such
as race, color, descent, national or ethnic origin, religion, religious affiliation or belief,
political or other opinion, sex, gender, sexual orientation, gender identity, gender
expression, nationality, age, economic position, property, marital or relationship status,
birth or other status, disability, health status or medical history, HIV status, language
and physical features, which have the intention or effect of nuilifying or impairing the
Tecognition, enjoyment or exercise, on an equal footing, of political, civil, economic,
social, or cultural rights. Discrimination, which also includes incitement to
discriminate and harassment, is a result of stigma;

Education and Training shall refer to all types and levels of education, and includes
access, standard and quality of education, and the conditions under which the same is
given;

Employment shall refer to the existence of an employer-employee relationship, as
determined by existing law and jurisprudence, as well as 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.

Ethnic Origin shall refer to the classification of people based on common color,
descent, racial, national, tribal, religious, ethno-linguistic or cultural origin or
background;

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

Gender Identity refers to the personal sense of identity as characterized, among others,
by manner 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;

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, among others;

Health Status refers to a person’s physical or mental health;

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

Indigenous Peoples 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, non-indigenous 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 non-indigenous 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;

Language includes spoken and signed languages and other forms of non-spoken
languages;

|. Marital or Relationship Status refers to the personal status of each individual in
relation to the marriage laws or customs of the country. The categories of marital
status include any of the following: single, married, separated, widowed, or de facto
spouse of another person. A de facto spouse of another person is defined to mean a
person who cohabits or lives with another person in a relationship similar to marriage
but is not legally married to that person;

Older persons refer to any person who is at least sixty (60) years of age and also
referred to as senior citizens;

Persons with Disabilities refer to those persons who have long-term physical, mental,
intellectual or sensory impairments which in interaction with various barriers may
hinder their full and effective participation in society on an equal basis with others;

Physical Features refer to a person’s height, size, weight or other bodily
characteristics and any feature that a person chooses to acquire, such as tattoos and
piercings;

Political Inclination refers to a person’s preference as regards membership or belief in
a particular political party, organization or ideology;

Profiling refers to reliance on prohibited grounds of discrimination in subjecting a
person or group of persons, including any type of societal relations to investigatory
activities, which include unnecessary, unjustified, illegal and degrading searches or


other investigatory activities, to determine whether an individual is engaged in an
activity presumed to be unlawful, immoral or socially unacceptable;

1. Public Ridicule refers to an act of making fun, contemptuous imitation or mockery of
a person whether in writing, words or action;

u. Reasonable Accommodation refers to necessary and appropriate modification and
adjustments not imposing a disproportionate or undue burden, where needed in a
particular case, to ensure to persons with disabilities the enjoyment or exercise on an
equal basis with others of all human rights and fundamental freedoms;

v. Religious Affiliation or Belief refers to the profession or non-profession of religion or
beliefs of one’s choice that may be publicly manifested in worship, practice and
teaching;

w. 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 neither, or towards people of the opposite
sex (heterosexual orientation) or towards everyone;

x. 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;

y. Universal design refers to the design of products, environments, programmes and
services to be usable by all people, to the greatest extent possible, without the need for
adaptation or specialized design. “Universal Design” shall not exclude assistive
devices for particular groups of persons with disabilities where this is needed;

z. Vulnerable communities refer to communities or sectors that encounter stigma and
discrimination based on the grounds enumerated in this Act.

SECTION 4. Prohibited Grounds for Discrimination. — For the purposes of this Act,
discrimination that is indirectly 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 and other protected attributes, is prohibited.

Ethnicity, race, religion or belief, sex, gender, or sexual orientation, gender identity,
civil status, disability, educational attainment or other status and other protected attributes that
may be subjected to differentiation or any form of discrimination shall be interpreted in their
most common or universal definitions and with due regard to the promotion of meaningful
implementation of non-discrimination policy.

SECTION 5. Act of Discrimination. — Discrimination is committed when a person
treats another less favorably on the basis of actual or perceived ethnicity, race, religion or
belief, sex, gender, sexual orientation, gender identity, gender expression, civil status,
disability, HIV status or other status 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 other field of public life, directly or indirectly, to include,
but not limited to:


a, Denial of Right to Political Participation. — Any person acting as principal or agent
shall be liable under this Act for discrimination exercised through acts such as 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 locai 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

3. Subjecting another person who wishes to exercise a political right to any act of
discrimination.

b. 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.

c. Denial of Right to Employment. —

1. Any employer or head of a firm, company or organization shall be liable for
discrimination exercised through acts such as the following:

i. Refusing or failing to employ another for work of any type or kind which
is available and for which the person is qualified, or by imposing on the
person onerous terms and conditions that violate the protected attributes
under this Act.

ii, Failing to make reasonable efforts to make facilities accessible to people
whose disabilities reduce their range of mobility.

iii, 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; or

iv. Dismissing an employee, or subjecting an applicant for employment or an
employee to any act of discrimination on account of his employment.

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 who is likewise 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 seeking to
prevent another person from offering or from allowing another person to
continue his or her employment.

Deny employment in government institutions, including police, military or
uniformed personnel in government service, based directly or indirectly on the
grounds referred to in section 4; Provided, That, in police, military or
uniformed personnel in government service, all applicants shall submit and
comply with the requirements mandated by law.

. 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.

d. Denial of Right to Education and Training. —It is unlawful for any person to

1

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
and non- academic training requirements of their students or trainees.

. Impose disciplinary sanction, penalties harsher than customary, or similar

punishment, requirements, restrictions, or prohibitions that infringe on the
rights of the students or trainees on the basis of the grounds identified in
Section 4.

. 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.

Failing to make reasonable efforts to make facilities accessible to people whose
disabilities reduce their range of mobility; and

Subjecting the student to any act of discrimination related to education and
training.

©. Denial on the Right to Access 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 as exercised through acts such as the
following:


Refusing or failing on demand to supply those goods or services to a person,

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.

f. Denial of the Right to Reasonable Accommodation. -

1

‘Any person acting as principal or agent providing accommodation shall be
liable for discrimination as exercised through acts such as the following:

i. Failing to make reasonable efforts to make facilities accessible to people
whose disabilities reduce their range of mobility

|. Refusing or failing to accept or process the application for any land or
interest thereof, housing and other accommodations.

Disposing of such land or interest, housing and other accommodation to
another person on less favorable terms and conditions than those which
would otherwise be offered.

iv. Treating another person who is seeking to acquire or has acquired an estate,

land or interest thereof, housing and other accommodation less favorably
than to others in the same circumstances.

v. Refusing to permit another person to occupy any estate, land, housing and
other accommodation.

vi. Terminating any estate, land or interest thereof of another person or the

right of another person to occupy any estate, land or housing and other
accommodation; or

vii, Subjecting an applicant to any other act of discrimination in the acquisition,

possession, utilization, lease or disposal of estate, land or interest thereof,
housing and other accommodation.

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 person or class of persons who may be the clients, visitors or guests
of any estate, land, housing and other accommodation.

g. Denial of the Right to Access Places, Facilities and Modes of Transportation for
Public Use and to Attend Meetings Open to the Public. - Any person acting as
principal or agent shall be liable for discrimination as exercised through acts such as
the following:


1. Refusing to allow another person access to or use of any such place, facilities,
or any mode of transportation that the public or a section thereof is entitled or
allowed to enter or use;

2. Refusing to allow another person access to or use of any such place, facilities
or any mode of transportation by providing onerous terms and conditions not
similar to others whom they would otherwise allow access to or use of the
place, transportation or facilities,

3. Refusing to allow another person access to a meeting or assembly open to the
public or to a section thereof, or refusing to allow another person 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;

4, Requiring another person to leave or cease to use any such place, facility or any
mode of transportation;

5. Failing to make reasonable efforts to make facilities accessible to people whose
disabilities reduce their range of mobility;

6. Subjecting a person to a denial of access to public places, public facilities,
public transport or public meetings,

Denial of Right to Access or Publish Advertisements/Mass Media. - Any person
acting as principal or agent shall be liable for discrimination as exercised through
publishing, displaying, or causing or permitting to be published or displayed an
advertisement or notice, including access to social media, 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.

Denial of Right Against 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 group/s
as inferior.

Denial of the Freedom of Speech, Utterances, Acts of Hatred and Similar Acts. ~
‘Any person shall be liable for discrimination exercised through delivering speeches or
making utterances, doing acts of hatred or violence against another person, or mocking
or ridiculing another person on the basis of ethnicity, race, religion or belief, sex,
gender, sexual orientation, gender identity, gender expression, disability, HIV status,
legitimacy, status as a single or unwed parent or as the child of such, or other status of
that person, or based on other protected attributes.

Denial of the Right to Health and Well-being - Any person shall be liable for
discrimination exercised through subjecting any person, without full, free, informed
and prior consent, to any unnecessary medical or physical examinations, psychological
treatments, faith-based practices, and other similar procedures that aim to change
identity or physical attributes or impose behavior or expressions.


1. Denial of Right Against Profiling - It shall be illegal for any person, including
members of the military and law enforcement agencies, to engage in profiling based
solely on ethnicity, race, religion or belief, sex, gender, sexual orientation, gender
identity, gender expression, disability, HIV status, legitimacy, status as a single or
unwed parent or as the child of such, or other status of that person, or of that person’s
relatives; Provided That, this is not to prevent law enforcement officers from acting on
characteristics found in positive descriptions of suspects by witnesses.

m. Denial of Protection Against Inflicting Stigma - it shall be unlawful for any person to
commit any act that promote and encourage stigma based on the grounds referred to in
Section 4 hereof. Content in all forms of media, including social media, in educational
textbooks, or in any other medium that aim to inflict stigma is likewise prohibited

n. Denial of Right Against Mlegal Detention and Confinement. - It shall be unlawful to
detain and confine a person or group of persons based directly or indirectly on the
grounds under Section 4 hereof.

0. 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 ethnicity, race, religion or belief, sex, gender,
sexual orientation, gender identity, gender expression, disability, HIV status,
legitimacy, status as a single or unwed parent or as the child of such, or other status ot
protected attribute of that person.

SECTION 6. 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.

SECTION 7. Protection Against Abuses by State and Non-State Actors. - \t shall be
unlawful for any government agency, 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 ethnicity, race, religion or belief, sex,
gender, sexual orientation, gender identity, gender expression, disability, HIV status,
legitimacy, status as a single or unwed parent or as the child of such, or other status or any
other protected attribute of that person, or of that person’s relatives. This prohibition applies to
similar abuses committed by non-state actors.

SECTION 8. Persons Liable. — Any person, natural or juridical, including
government or private corporation, institution or company who commits discrimination
through any of the acts described in Section 5 hereof 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. Any 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.

SECTION 9. Creation of Non-discrimination and Equal Opportunity Committees, ~
In order to ensure compliance with this Act, all agencies, corporations, companies and
educational institutions, whether private or public, as well as any person providing
employment, housing, education and the delivery of basic goods and services shall create a
Non-Discrimination and Equal Opportunity Committee, hereinafter referred to as Non-
Discrimination Committee, which shall exercise administrative jurisdiction to investigate acts
and practices of discrimination under this Act.

The Non-Discrimination Committee shall, among others, conduct the initial
investigation of cases constituting discrimination on the basis of race, ethnic background,
religion, religious affiliation or beliefs. The result and findings of such investigation shall be
referred to the appropriate government agencies for resolution, settlement or prosecution.

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
race, ethnic background, religion, religious affiliation, religious beliefs, or to any civil claim
for damages suffered by the victim of discrimination.

Failure of any juridical entity, whether public or private, to ensure effective
implementation of this provision shall be deemed refusal to address discrimination and shall
be considered as an act of discrimination subject to the penalty provided for in Section 12
hereof.

Sec. 10. Duty of the Commission on Human Rights (CHR). — It shall be the duty of
the Commission on Human Rights (CHR) to prevent or deter the commission of acts of
discrimination and to assist, review and recommend procedures for the resolution, settlement
or prosecution of acts of discrimination. Towards this end, the CHR shall:

a. ensure the creation of committees on non-discrimination and equal opportunity in
all agencies, corporations, companies and educational institutions, whether private
or public;

b. monitor the implementation of this Act by agencies, corporations, companies and
educational institutions, whether private or public;

c. 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;

d. coordinate with the Department of Education (DepEd) and the Commission on
Higher Education (CHED) for the promotion of understanding and appreciation of
cultural diversity, racial harmony and non-discrimination in schools and other
learning modalities, and ensuring that books, reference materials and other learning
resources used in education programs, including those that portray indigenous
peoples or discuss religious practices, are free from discriminatory content.

€. conduct consultations with indigenous peoples and religious organizations and
other organizations representing vulnerable groups; 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;

2. 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; and

3. create an efficient system of case referrals to appropriate government
departments or agencies.

SECTION 11. Responsibility to Promote a Non-discrimination and Equal
Opportunity Environment. ~ 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 Act.

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 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.

All government officers and workers are obliged to promote non-discrimination in the
discharge of their duties and responsibilities.

SECTION 12. Penalties. - Any person liable under Section 5 of this Act shall be
penalized by arresto mayor or 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 (Php10, 000.00)
nor more than One hundred thousand pesos (Php100, 000. 00), taking into consideration the
circumstances and gravity of the offense and the following conditions, to wit:


a, The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act:

b. When the offender is a corporation, partnership or association, the officer or
employee thereof who is responsible for the violation of this Act shall suffer the
penalty imposed in its maximum period;

c. 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:

d. 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

e. A fine to be determined by the court shall be imposed.

In addition, the court may impose upon a person found to have committed any of the
prohibited acts the rendition of community service in terms of attendance in human rights
education’s familiarization with and exposure to the plight of the victims.

If the violator is an alien or 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 civilly liable.

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

SECTION 13. Administrative Proceedings 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 Service Commission (CSC) and/or
the Department of the Interior and Local Government (DILG), in the case of government
officials or employees, or to the Department of Labor, in the case of officers and employees of
private corporations or entities. 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.

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

SECTION 14. Reparation to Victims. — \n addition to existing laws and procedural
rules for reparation to victims, the following measures shall be undertaken:

a. The court, administrative agency, or quasi-judicial 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


agency, or 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 therein 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.

SECTION 15. Appropriations. - The Chairperson of the CHR shall include in the
CHR’s program the implementation of this Act, the initial funding of which shall be charged
against the current appropriation of the Commission. Thereafter, the amount necessary for the
continued implementation of this Act, shall be included in the annual General Appropriations
Act (GAA).

SECTION 16. 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 17. 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.

SECTION 18. Repealing Clause. — Any provision of law or regulations inconsistent
herewith is hereby repealed, revoked or modified accordingly.

SECTION 19. Effectivity. — This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in a newspaper of general circulation.

Approved,