Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

Submitted by the COMMITTEE ON NATIONAL CULTURAL COMMUNITIES on__9.6 JUN 2014
Vy: ir
RE | House biino, 480

Recommending its approval in substitution of House Bills Numbered 354, 647,
2781 and 3440

Sponsors: Representatives Teddy Brawner Baguilat, Susan A. Yap, Juan Edgardo M. Angara,
Rufus B. Rodriguez, and Maximo B. Rodriguez, Jr.

MR. SPEAKER:

The Committee on National Cultural Communities to which was referred House Bills
Numbered 354, 647, 2781 and 3440 introduced by the Honorable Susan A. Yap, Juan Edgardo M.
Angara, Tupay T. Loong, Rufus B. Rodriguez, and Maximo B. Rodriguez, Jr., entitled:

“AN ACT PROHIBITING DISCRIMINATION AGAINST PERSONS
ON ACCOUNT OF ETHNIC AND/OR RELIGIOUS BELIEF”
! 4807

has considered the same and recommends that the attached House Bill No. , entitled:
“AN ACT PROHIBITING RACIAL, ETHNIC AND RELIGIOUS DISCRIMINATION”
be approved in substitution of House Bills Numbered 354, 647, 2781 and 3440 with

Representatives Susan A. Yap, Juan Edgardo M. Angara, Teddy Brawner Baguilat, Tupay T. Loong,
Rufus B. Rodriguez, and Maximo B. Rodriguez, Jr. as authors thereof.

Respectfully submitted:

THE HONORABLE SPEAKER
House of Representatives
Quezon City


FACT SHEET

2 G Bg
House Bil No. 28
(As Approved on September 22, 2011)
(In substitution of House Bill Nos. 354, 647, 2781 and 3440)

AN ACT PROHIBITING RACIAL, ETHNIC
AND RELIGIOUS DISCRIMINATION

Introduced by : REPRESENTATIVES SUSAN A. YAP,
JUAN EDGARDO M. ANGARA,
TUPAY T. LOONG, RUFUS B. RODRIGUEZ,
and MAXIMO B. RODRIGUEZ, JR.

Committee Referral: NATIONAL CULTURAL COMMUNITIES
Committee Chairperson: REP. TEDDY BRAWNER BAGUILAT

OBJECTIVES:

* To accord the highest priority as a matter of State Policy 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 cultural
inequities by equitably diffusing wealth and political power for the common
good

« To strengthen the protection clause on the rights of the indigenous communities
as enshrined in the Constitution and Republic Act No. 8371 (Indigenous
Peoples Rights Act of 1997), specifically Section 21 (Equal Protection and Non-
discrimination of ICCs/IPs) and Section 25 (Basic Services).

KEY PROVISIONS:

© Mandates the Commission on Human Rights (CHR) to prevent or deter the
commission of, and prosecute acts of discrimination.

Mandates the CHR to provide legal assistance to victims of discrimination.

@ Provides for the reparations to victims of discrimination.

© Defines and identifies the acts that constitute “discrimination" and provides
penalties for said acts.

© Provides for the creation of Non-Discrimination and Equal Opportunity
Committee in all agencies, corporations, companies and educational institutions
both private and public.

RELATED LAWS:

Philippine Constitution

* Republic Act 8371 Indigenous Peoples Rights Act (IPRA) (R.A. 8371)

« Human Security Act of 2007 (R.A. 9372)

+ 1982 Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief

+ 1993 Resolution on the Elimination of All Forms of Religious Intolerance

* 1948 Universal Declaration of Human Rights


16

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

Fifteenth Congress
First Regular Session

( 7?
HOUSE BILL NO. 4807
(In substitution of House Bill Nos. 354, 647, 2781 and 3440)

Introduced by Representatives Susan A. Yap, Juan Edgardo M. Angara, Tupay
T. Loong, Rufus B. Rodriguez, and Maximo B. Rodriguez, Jr.

AN ACT PROHIBITING RACIAL, ETHNIC AND RELIGIOUS
DISCRIMINATION

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 as “The Anti-Racial,
Ethnic and Religious Discrimination Act of 2011.”

SEC. 2. Declaration of Policy. — It is the policy of the State to:

a. Maintain peace and order, protect life, liberty and property, and
promote the general welfare for the enjoyment of the blessings of democracy by
all people;

b. Promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free peoples from poverty
through policies that provide adequate social services, promote full
employment, a rising standard of living and an improved quality of life;

c. Recognize and promote the rights of indigenous cultural
communities within the framework of national unity and development; and

d. 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 cultural inequities by equitably
diffusing wealth and political power for the common good.

SEC. 3. Definition of Terms. - For the purpose of this Act, the


following terms shall mean:

a. Accommodation shall refer to a house, apartment, condominium,
townhouse, flat, hotel, villa, motel, boarding house, hostel and dormitory.

b. Discrimination shall refer to any distinction, exclusion, restriction or
reference made on the basis of race, color, descent, national or ethnic origin,
religion, or religious affiliation or beliefs, whether perceived or actual, which has.
the effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise, on an equal footing, of the human rights and fundamental freedoms in
the political, economic, social, cultural, civil, or any other field of public life of a
person

c. Education shall refer to all types and levels of education, and
includes access to education, the standard and quality of education, and the
conditions under which it is given.

d. Employment shall refer to the existence of an employer-employee
relationship, which is determined by the four-fold test: 1) selection of the
employee; 2) payment of wages; 3) power of dismissal; and 4) power of control
This definition shall appy to regular, probational, contractual, seasonal, and
project-based workers. In legitimate contracting or —sub-contracting
arrangements, the contractor/subcontractor shall be deemed the employer of
the contractual employee

@. Ethnic origin shall refer to the race, color, descent, national origin
and ethno-linguistics origin of a person.

f. Goods and services shall refer to the material and non-material
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, etc.

g. Indigenous peoples, as provided under Section 3(h), Chapter I!
of Republic Act No. 8371 or the “Indigenous Peoples Rights Act (IPRA) of
1997,” shall refer to a group of people or homogenous societies identified by
self-ascription and ascription by other, who have continuously lived as an
‘organized community on communally bounded and defined territory, and who

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have, under claims of ownership since time immemorial, occupied, possessed
customs, tradition and other distinctive cultural traits, or who have, through
resistance to political, social and cultural inroads of colonization, non-
indigenous religions and culture, became historically differentiated from the
majority of Filipinos. 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.

h. Moro peoples shall refer to indigenous peoples who are of the
Islamic faith, and who have historically inhabited some parts of Mindanao and
other parts of the Philippine archipelago

i Muslims or Moslems shall refer to followers of the Islamic faith,
whether from birth or by conversion.

j. _ Religious belief refers to a strong belief in a supernatural power
or powers that control human destiny.

SEC. 4. Acts of Discrimination.— Discrimination is committed when a
person treats another less favorably on the basis of race, ethnic origin, religion,
or religious affiliation or beliefs 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 any other field
of public life, to include, but not limited to:

a. Discrimination in Political Participation— Any person acting as principal or
agent shall be liable for discrimination through the commission of any of the
following acts:

(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 local 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


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(3) subjecting another person who wishes to exercise a political right to
any other detriment,
on the basis of race, ethnic origin, religion, or religious affiliation or beliefs of the
person or of any relative, representative or assignees of the person.
b. Discrimination in Employment. —

(1) Any employer or head of a firm, company or organization shall be
liable for discrimination by:

(a) 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 on
the basis of race, ethnic origin, religion, or religious affiliation or
beliefs;

(b) 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 on the basis of race, ethnic origin,
religion, or religious affiliation or beliefs; or

(c) dismissing an employee, or subjecting an applicant for
employment or an employee to any other detriment, on the
basis of race, ethnic origin, religion, or religious affiliation or
beliefs.

(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 on the basis of race, ethnic origin,
religion, or religious affiliation or beliefs of the person or of any relative,
representative or assignees of the person seeking employment.

(3) 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

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discriminated persons to legal remedies under the Act and related laws, and
enhance the protection and promotion of the rights of the Filipino people against
discrimination on the basis of racial or ethnic origin and religious belief or
affiliation.

e. Coordinate with the Department of Education (DepEd) for the
promotion of understanding and racial harmony in schools, and the review of
books and reference materials that portray indigenous peoples or certain
religious practices in a discriminatory way;

fi Conduct consultations with indigenous peoples and religious
organizations; and

g. Assist in the filing of cases against individuals, agencies,
institutions, or establishments, whether private or public, that violate the
provisions of the 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;

(3) Accredit lawyers who will accept pro bono cases under the
Act; and

(4) Create an efficient system of case referrals to appropriate
government departments or agencies.

SEC. 7. Responsibility to Promote a Non-Discrimination and Equal
Opportunity Environment.— \t shall be the duty of every person, natural or
juridical, public or private, to ensure non-discrimination 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.

For this purpose, agencies, corporations, companies and educational

9


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institutions as well as any person providing employment, housing, education
and the delivery of basic goods and services shall issue a_non-discrimination
and equal opportunity policy, and create a Non-Discrimination and Equal
Opportunity Committee in their respective organizations, as provided for in
Section 8 hereof. Failure to do so shall be deemed as refusal to address
discrimination and shall be considered as an act of discimination subject to the
penalty provided for in Section 9 hereof.

SEC. 8. 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, shall create a Non-
Discrimination and Equal Opportunity Committee, which shall exercise
administrative jurisdiction to investigate acts and practices of discrimination
under this Act.

The Committee shall, among others, conduct the initial investigation of
cases constituting discrimination on the basis of race, ethnic background,
religion, religious affiliation or religious beliefs. The result and findings of such
investigation shall be submitted to and acted upon by the Commission on
Human Rights (CHR) which shall have sole jurisdiction over administrative
cases of discrimination.

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
or religious beliefs, or to any civil claim for damages suffered by the victim of
discrimination.

SEC. 9. Common Penal Provisions. Any person liable under 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

10


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. An offender who a foreigner shall be deported immediately after
service of sentence and shall be forever barred entry into the country;

e. 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

f. A fine to be determined by the court shall be imposed, which shall be
remitted by the Courts to the Commission on Human Rights to be administered
as a cash fund and disbursed for the assistance of the victims.

SEC. 10. 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 and/or the Department of the
Interior and Local Government. 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.

SEC 11. Reparation to Victims.- in 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

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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.

SEC. 12. 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. 13. Repealing Clause.~ Any provision of law or regulations
inconsistent herewith is hereby repealed, revoked or modified accordingly.

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

Approved,


FIFTEENTH CONGRESS
OF THE REPUBLIC OF THE PHILIPPINES

Hirst Regular Session

)
)
)

HOUSE OF REPRESENTATIVES
Hose Bill No,_ 394

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

‘The Constitution provides thas,

“No law shall be made respecting an establishment of religion, or prohibiting
the fee exercise thereof. The fece exercise and enjoyment-of religious profession and
‘worship, without discsimination or prefecence, shall forever he allowed. No eeligious test
hall be required for the exercise of evil or political cights” (Section 5, Article 3)

Likewise, the Philippines must uphold the tenets of equality of every human being as state
pany 10 the 81 UN Declaration on she Elmication of All Forms of Intolerance and of
Discrimination Based on Religina or Belief, which defined disceiminatinn as “any distinction, exclusion
bor restriction made on the basis of ethaic origin oe religious beliefs, which has the effect or purpose of
impairing or nullifying the recognition, eajoyment oF exercise by them of their human sights and
fundamental freecoms in the political, economic, speél, cultural, cvil or any other field, expecially
including, buc nor limiced to, employment, livelood, housing, education and basic services.”

Sadly, che reality haunts us of daily experiences of discrimination across the country. A 2005
Pulse Asia survey reported glaringly that “a majocity of national respondents (65 percent) chink that
Ausluns are moze prone to run amnok and (47 peccent) think that they are tercorists or extremist. Even
more, Visayans tend co have a moze negative view of Muslims than those from ocher geographic
regions. A majority of chem, (62 percent t0 71 percent) agree thar Muslims probably follow four of the
neyudive stereorypes, while a phuraliy (42 percent) believes that Muslims sre oppressive 10
women.” Furthermore, the same study “unequivocally conclude that 4 considerable percentage of
Filipinos (33 pereene 39 percent) ace bissed aginst Muslims.

Hence, there is a need co enact a law fo penalize acts of discrimination against celgion and ethnic
‘origins. This Bill defines acts of discrimination as “committed when a person treats another less
favorable on the basis of ethnic origin and/or religious affiliation os belief...”

bill, it provides for the (1) cxeation of an equal
I institution, and the like (Sectivn 7, 21

Vo implement the ideals and pucpose of

oppurtunity policy for every 9 coeporatinn, exdweat
Jarageapl), (2) creation af the every agency, public or private

{Secon 4); and (3) it mandates the Commisinn oa Human Rights, in ecoedination with the Office of
Muslin Affaies and the National Commission on Indigenous Peoples, to prevent and deter cuinmission

oF acts uf discrimination.” (Section 1)

In view of the foregoing, invnediate passage of cis bil ix sought

SUSAN

Representative, "|

of Tarlac



26

FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES —_)
inst Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No 894

Introduced by Representative Susan A. Yap

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:

SECTION 1. Shore Vitle - This Act shall v= known as "the Anti-Racial and Religious
Discrimination Act of 2010"

SEC. 2. Declaration of Policy. - Ut is the policy of the State to:

(@) Maintain peace and order, protect life, iberty and property, and promote the general
welfare foe the enjoyment by all people the blessings of democracy;

(b) Promote a just and dynamic social order that will ensure the prospeory and
independence of the nation and free the people trom poverty through policies that provide
adlequute social services, promote full employment, arising standard of living and an improwed
quality of life fo alls

(©) Recognize and promote the rights of indigenous cultural communities within the
teamework of national unicy and development,

(a) Give the highest priocity 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
cemove culutal inequities by equitably diffusing wealth and political power for the common
good.

SEC. 3. Meaning of Discrimination. - The term “discrimination” as used in this Act shall mean any
distinetion, exclusion of restriction made on the basis of ethnic origin or religis affiliation of
beliefs, which has che etfecr or purpose of impairing or aullifying the recognition, enjoyment or
extecise by them of their human rights and fimdamental freedoms in the political, economic,
social, cultural, eivil or any other tied, espectilly including, bur sor limited co, employment,
livelihood, housing, education and basic services.

SEC. 4, Definition of Terms. - (1) "Bthoic origin” includes race, national origin and ethno.
linguistics origin.

(2) "Indigenous peoples" shall, as provided ander Section 3(h), ¢
Republic Act No. 8371 or the "Indigenous People's Rights Act (IPRA) of 1997",
group of people who are regarded as indigenous on account of their descent from the
populations which inhabited the county, at the tine of conquest or colonization, or at the
time of inroads of non-indigenous religions and cultures, uc the establishment of present
state boundaries, who retain some or all of their own social, economic, cultural and political
instiutions but who may have been displaced from their traditional domains or who may
have resettled outside their ancestral dn

G) "Moro people" refers to the indigenous people who have historically inhabited
‘Mindanao, Palawan and Sula, and who are largely of the Islamic faith.


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(4) "Muslims" refers to those who are followers of the Islamic faith, whether from
hirth ur by conver
(5) "Religious belic?™ means holding or not holding a celigious belie or view and
engaging in, not engaging in or refusing to engage in a religious activity.
(@ “Accommodation”, as mentivned heceia, includes a house, apartment,
condominium, townhouse, fat, hotel, motel, boarding house, hostel and dormitory

SEC. 8. lets of Dissrinination - Discrimination is commicted when a person treats another less
favorably on the basis of ethnic origin and/or celigious affiincon or belief than the person
tevats or would treat another without that attribute, or with a diffeteat aruibure, on the same
or similar circumstances in employment, education, housing and delivery of basic services, 10

(a) Discrimination in Employme: employer or his agents must nov
sliseximinace against an applicant for a job by refusing employment tw the person or by
imposing on that pecson onerous terms and conditions on the basis of his ethoic
background and/or teligious affiliation ot beliefs. Likewise, an employer or his agents shall
he liable for discrimination by denying ar limiding access of the employee to oppornusities
for promacion, transter or taining, or to any other benefits connected with dhe employment
or by dismissing the employee, or by subjecting che employee to any other dectiment on the
busis of ethnic background and/or religious affiliation or bebe

()) Discrimination in Education ~ A public or private educational insutution, their
officers o employees, or any person acting, on their behalf shall be liable for discrimination
by refusing, ot failing to accept, another for application for admission as a student or by
dleaying uf limiting access of a student to any benefit or privilege provided by the said
institution, oF by expelling the student, or by subjecting the seudent to aay other dewiment
on the basis of ethnic background and/or religious affiliation or beliefs;

(©) Discrimination in the Delivery of Goods and Services - Any pesion who, by
reason of ethnic background and/or eeligious affiliation ot belief, shall be liable for
discrimination if he refuses (0 provide yous ur services ty another; or imposes onerous
terms on which goods or services are provsted; or subjects another 10 any other detrunent 1.
connection with the provision of goods or services 10 him;

(J) Discrimination in Accommodation -A person or his agents shall be liable for
discrimination by tefusiag, oF failing fo accep or process the application for accommodation
of another by providing onerous terms and conditions nut similar eo oher applicants, ot by
subjecting, another (0 any other detrimene in connection with che provision of

:commoilation to chat person on the basis of ethnic background and/or religious beliefs;
andl

(©) Any other analogous act which has the effect or purpose of impairing ot
ullifying the recognition, enjoyment or exercise of the person's human rights and
fundamental freedoms in the polineal, economic, social, cultussl and civil spheres on the
basis of ethnic background and/or ce

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

Any person who requests, instructs, induces, encourages,
commit acts of discrimination shall also be lisble under this Aet. Likewise, a person who is
duty bound to act on complaints of discrimitation under chis Act but fails, or refuses to do
80, shall be deemed to have sanctioned the discriminatory act, and shall consequently be held
equally liable for discrimination.

izes or assists another 10

7. Equal Opportunity. - 1c shall be the duty of every person, natural or jutidical, public or
private, to ensure that there is equal opportunity for all persons in selating to actual or



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prospective employees, students, tenants, customers or clients, and that no discriminatory
acts, av defined bercin, is con them or their agents in the areas of employment,
ion and delivery of basic gooxls and services.

housing, edue:

For this purpos
any other person prov’
and services, shall

every agency

poration, company and education
1g employment, housing, educa
sue an equal opportunity
Oppartunity Committee, as provided
sleemed refusal t

instirution, as well as
and delivery uf basic _gouds

SEC. 8 Equal Opportanity Committers. — tn onter to ensure the compliance of this Act,
ayencies, corporations, companies and educational institutions, wheher private or public,
shall create an Equal Opportunity Committee which shall have administrative jurisdiction
over cases involving diserimination under this ct

Vhe committee shall be tasked, among others, to
cconstivuring discrimination on the b: wus affiliation or beliefs.
Admuuisttative sanctions shall prosecution in the proper coutts or any net
of dliscrimination committed on the basis of ethnic origin aud/or teligious affiliation or
bliefs, oF to any civil claims for damages caused by said act.

investigation of alleged cases

wor be

SIG. 9. Ponil Clause. - ny person liable under this Act shall be penalized by imprisonment
fora period of not less than thirty (30) days or more than six (6) monthsand/or a fine of not
less chant Ten thousand pesos (Php10,000.00) nor more than One hundted thousand pesos
‘PHP 100,000.00), raking into consideration the circumstances and weavity af the offense.

SEC. 0. Duty of the Commission on Haman Rights (CHR). - tt shall be the duty of the
Commission on Human Rights (CHR), in coordination with the Office on Muslim A fairs
(OM.\) and the National Commission on Indigenous Peoples (NCIP) to prevent or deter the
commission of nets of discrimination and to provide the procedures for the resolution,
settlement oF prosecution of sets of lise owards this end, the CHR shall:

(1) Promulgate appropriate cules and regulations prescribing the procedure for the
investysition of discrimination cases ayamst their people and the
therelane;

ministrative sanctions

(b) Ensure the creation of commictees on equal opportunity
corporations, companies and edly institutions, whether pri

Uiffcrent agencies,
1 or public; and

© Require and supervise the age
institutions, whether private oF public, in

, comporitions, companies and educational
implementation of this Vet

SEC. 11, Sepuanability ¢
unconstitutional, the remaining portions or pro
declaration.

ed void oF
fected ny such

SI

12. Repealing Clams. - Any provision of law or regulations inconsistent herewith is
herelyy repealed, revoked or modified accordingly

SUC. Hetty. - This Act shall take effect fifteen (15) days after its publication in nwo @)
newspapers of general eirculaion,
Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS:
First Regular Session

HB. No,__ 647

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

Article 111, Section 1, of the Bill of Rights of the 1987 Philippine Constitution provides
for the equal treatment of all individuals. The State is therefore mandated to protect its citizens
against all forms of discriminatory acts in order to promote equal protection and eliminate
stereotypes and prejudices.

The Constitution likewise provides that the Philippines adopts the generally accepted
Principles of international law as part of the law of the land (Art. 11, See. 2). Under the
International Covenants on Economic, Social and Cultural Rights, as well as on Civil and
Political Rights, state parties like the Philippines should guarantee and ensure respect for the
rights of individuals, without discrimination of any kind as to race, color, sex, language, religion,
Political or other opinion, national or social origin, property, birth or other status, and to adopt
such legislative or other measures as may be necessary to give effect to those rights.

!tis therefore the intent of the bill to provide for a law that pro!
people of different ethnic and religious backgrounds. By ensuring equal treatment for all
individuals, it is hoped that this legislation will foster peace in all the three major islands of the
Philippines, with emphasis on Mindanao where Muslims constitute a large portion of the
Population. The recently concluded issue on the MOA-AD was obviously an indication of how

Passionate our brothers and sisters from Mindanao are about their freedom, including their
freedom from being discriminated,

's discrimination against

In view of the foregoing, the approval of this bill is earnestly sought.

an

P “a sh rR Lean s
SUANEDGARDO “SONNY” M. ANGARA
Representatit

Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HB. No,__847

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA.

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

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 Anti-Discrimination Act of
2010."

SEC. 2. Declaration of Policy. Its the policy of the State

(a) Maintain peace and order, protect life, liberty and property, and promote the general welfare
for the enjoyment by all people the blessings of democracy;

(b) Promote a just and dynamic social order that will ensure the prosperity and independence of
the nation and free the people from poverty through policies that provide adequate social
services, promote full employment, a rising standard

of living and an improved quality of life for all;

(c) Recognize and promote the rights of indigenous cultural communities within the framework
of national unity and development; and

(d) 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
cultural inequities by equitably diffusing wealth

and political power for the common good.

SEC. 3. 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, cultural, civil or any other field, especially including, but not limited to,
employment, livelihood, housing, education and basic services.

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

(1) “Indigenous peoples" shall, as provided under Section 3(h), Chapter II of Republic Act No,
8371 or the “Indigenous People’s Rights Act (IPRA) of 1997”, refers to a group of people 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
Feligions 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.

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

4


(b) “Muslims” refers to those who are followers of the Islamic faith, whether from birth or by
conversion

(©) “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.

(d) "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 ot 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 a student or by denying or limiting
access of a student to any benefit or privilege provided 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 beliefs;

(©) Discrimination in the Delivery of Goods and Services — 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 falling 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 beli

(©) Any other analogous act which has 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 ethnic background
and/or religious beliefs.

SEC. 6. 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. \t shall be the duty of every person, natural or juridical,
public or private, to ensure that there is equal opportunity for all persons in relating to actual or

2


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.

SEC. 8. 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 act.

SEC. 9. 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 (Php100,000.00),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 Peoples (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,

(©) Supervise the agencies, corporations, 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. 43. Effectivity. This Act shall take effect fifteen (15) days after its publication in two
(2) newspapers of general circulation.

Approved,



Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

2781

HOUSE BILL NO.

of Sulu

Introduced by HON. TUPAY T. LOONG of the 1" Di

EXPLANATORY NOTE

The Bill of Rights of the 1987 Philippine Constitution, particularly Article Ill,
Section 1, provides for “equal protection of the laws.” This equal protection clause is a
specific constitutional guarantee of the Equality of the All Persons. Under it, each
individual is dealt with as an equal person in the law, which does not treat the person
differently because of who he/she is or what he/she possesses. However, when this
does not happen in the realities of life, like the different and adverse treatment or
discrimination against Muslims/MORO people and indigenous Peoples or Lumads/
Highlanders in Mindanao and elsewhere in the Philippines, then the axiom of
constitutional state policy of social justice (Art. Il, Sec. 10) steps in, that those who
have less in life must have more in law.

It is an established principle of constitutional law that the equal protection
clause is not violated by a legislation based on reasonable classification, one which
rests on substantial distinctions, is germane to the purpose of the law, not limited to
existing conditions only, and applies equally to all members of the same class. There
are indeed substantial distinctions between/among the three classes of peoples in
Mindanao --- the majority Christian settlers {and their descendants), the Muslims or
MORO people, and the indigenous Peoples. Unfortunately, their inter-relationships
have been characterized, among others, by a historical and current minoritization,
marginalization, and discrimination in various areas of life. This must be addressed.

The Constitution likewise provides that the Philippines adopts the generally
accepted principles of international law as part of the law of the land (Art. II, Sec. 2)
Under the International Covenants on Economic, Social and Cultural Rights, as well
as on Civil and Political Rights, States Parties like the Philippines undertake to
guaranter and ensure respect for the rights enunciated therein, without discrimination
of any kind as to race, color, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status, and to adopt such legislative or other
measures as may be necessary to give effect to those rights.

As part of the global community, the Philippines is aware of the United Nations
declarations on religious intolerance, which have become more relevant in present,
times where the backlash of the September 11, 2001 has been greatly felt by Muslims
all over the world. The Muslims in Mindanao and elsewhere in the Philippines are no
exception, ‘Thus, in keeping with the 1981 Declaration On The Elimination Of


Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, and the
1993 Resolutién on the Elimination Of All Forms Of Religious Intolerance, this Act
addresses religious and other forms of discrimination.

Ta be sure, discriminatory attitudes or practice will not be corrected: by
legislation alone, even penal ones like this Act PROHIBITING DISCRIMINATION
AGAINST PERSONS ON ACCOUNT OF ETHNIC ORIGIN AND/OR RELIGIOUS BELIEF.
But these legislative sanctions are still part of what should be a holistic response to
such discrimination and are one contribution of Congress in this fight.

Approval of this bill is therefore sought.

HON. [fUPAY Ye. LOONG


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

|
HOUSE BILL NO. 2781

Introduced by HON. TUPAY T. LOONG of the 1" District of Sulu

AN ACT PROHIBITING DISCRIMINATION AGAINST PERSONS ON

ACCOUNT OF ETHNIC ORIGIN AND/OR RELIGIOUS BELIEF

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 Anti-Racial and Religious
Discrimination Act of 2010.”

snc.

a)

b}

2. 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 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 policies
that provide adequate social services, promote full employment, a rising
standard of living and an improved quality of life for all;

thin the

Recognize and promote the rights of indigenous cultural communit
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 imequalities; and remove cultural inequities by cquitably diffusing
wealth and political power for the common good.

SEC. 3, 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,
cultural, civil or any other field, especially including, but not limited to,
employment, livelihood, housing, education and basic services.


SEC, 4. Definition of Terms, -

1) "Ethnie origin” includes race, national origin end ethno-linguisties origin.

2] “Indigenous peoples’ shall, as provided under Section 3{h], Chapter 1 of

Republic Act No. 8371 or the “Indigenous People's Rights Act (IPRA) of 1997",
refers to a group of people 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.

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 bis 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 hy refusing, or failing to accept, another for application for
admission as a student or by denying or limiting access of a student to any
benefit or privilege provided 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 beliefs;

c] Discrimination in the Delivery of Goods and Services - 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 ef 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
simnilar to other applicants, or by subjecting another to any other detriment in
cénnection with the provision of accommodation to that person on the basis of
ethnic background and jor religious beliefs; and

e) Any other analogous act which has 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 ethnic background and/or religious belie!

SEC. 6. 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 religions 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 shell be the duty of every person, natural or juridical,
public or private, to ensure that there is equal opportunity for all persons in relating ta
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.

SEC. 8, 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 shail 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. x

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 act.

SEC. 9. 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 (Php 10,000.00) nor inore
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 Peoples (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 end 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, corporations, companies and educational
institutions, whether private or public, in the implementation of this Act

SEC. 11, Separability Clause. - If anly 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,

. LOONG



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

HOUSE OF REPRESENTATIVES

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

440

1S

House Bill No._©

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. R [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. S44i4

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)

SEC.3.

Declaration of Policy — Itis 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
communities 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
of 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.

SECA. 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
ll 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
@ 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;


() Discrimination in Education - A public or private educational
institution, their officers or empioyees, 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,

(c) Discrimination in the Delivery of Goods and Service — Any person
who, by reason of ethnic background andior 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;
of 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 hasis of ethnic background and/or religious belief; and

SECS 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 liabie for discrimination.

SEC. 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.

SEC.8. Equal Opportunity Committees - In order to ensure the
compliance of this Act, agencies, corporations, companies and educational
instituttons, 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.

SEC.9. 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,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Minutes of the Meeting of the Committee on National Cultural Communities held on September
22, 2010 at 9:30 in the morning, Mitra Hall 5, House of Representatives, Quezon City.

MEMBERS IN ATTENDANCE:

Rep.
Rep.
Rep.

Rep.
Rep

Rep.

Rep.
Rep.

Teddy Brawner Baguilat, Jr. — Committee Chairman
Maximo B. Dalog —Vice Chairman
Carlos M. Padilla

Romeo M. Acop

Arlene J. Bag-ao

Dakila Carlo E. Cua

Reynaldo V. Umali

Leopoldo N. Bataoit

AUTHORS:

Rep.

Tupay T. Loong

GUESTS:

. Atty. Rhandolfo Amansec, Director for Legal, Land Registration Authority (LRA)

1

2, National Commission on Indigenous Peoples (NCIP)
Roque N. Agton ~ Chairman
Masli Quilaman - Executive Director
Jonathan Adaci — Legal Officer, Region 3
Jose Dumagan ~ Regional Director, Region Xill Caraga
Jeanette Manuel ~ Chief, Survey Division
‘Alfonso Catolin — Regional Director, Regions VI, VII, Vill

3. Manobo Tribe of Agayon Supreme Datu Hawodon Cugbahon Tagleong Coguit
Bae Merlyn Tagleong Coguit - Tribal Leader, CADT 117 Holder
Datu Bunanat Hernandez - Administrator

4. Aurora Dumagat tribal group

HIGHLIGHTS:

The Committee approved the proposed substitute bill consolidating H.8. Nos. 354, 647, 2781
& 3440 AN ACT PROHIBITING RACIAL, ETHNIC AND RELIGIOUS DISCRIMINATION, authored by
Reps. (S.) Yap, Angara, Loong, (R) Rodriguez & (M) Rodriguez, respectively.

Atty. Rhandolfo Amansec of the Land Registration Authority (LRA) confirmed that his office
has issued a Certificate of Ancestral Domain Title (CADT) to the Ati claim in Boracay Island.
Director Alfonso Catolin of the National Commission on Indigenous Peoples (NCIP)
corroborated this information, notwithstanding threats to their life.

Chairman Baguilat directed the committee secretariat to coordinate with the NCIP to arrange
for the immediate awarding of the said CADT to the Ati indigenous community, and for the
regional office of the NCJP to effect the subsequent transfer of the Ati to the area.



3. The Committee acted on a complaint filed by the group of Manobo tribe of Agusan del Sur on
alleged irregularities committed by the National Commission on indigenous Peoples (NCIP)
Region XIll Caraga in the conversion and subsequent awarding of Certificate of Ancestral
Domain Claim (CADC}-132 & Presidential Proclamation No. 2205 into Certificate of Ancestral
Domain Title (CADT)-117 to beneficiaries who are not the real successors or heirs of CADC
holder Datu Hawodon Cugbahan Tagleong Coguit of Agusan del Sur. The said complaint was
endorsed by Speaker Feliciano Belmonte, Jr. to the Committee for appropriate action.

The complainants, Bae Merlyn Tagleong Coguit and Datu Bunanat Hernandez narrated the
history of their tribe, establishing the existence of the tribe since time immemorial, Bae
Merlyn alleged that Director for NCIP Region XIII (Caraga) Atty. Jose Dumagan deliberately
manipulated the results of a community-initiated tribal consultation of the Manobo
community resulting to factionalism in the community.

Director Dumagan assured the Manobo leaders that he has made changes in the CADT to
reflect the wishes of the community, claiming that he has been in constant communication
with Bae Merlyn regarding the said changes. Bae Merlyn confirmed that, indeed, she and Dir.
Dumagan had talks. However, she negated his declaration that Dir. Dumagan informed her of
his move to honor what the Manobo community agreed upon.

Dir. Dumagan informed the Manobo leaders that 112 hectares of the 67,878 hectares of
Manobo CADT will be segregated and declared as alienable and disposable.

Datu Bunanat cautioned Dir. Dumagan that his tribe will only agree to the said segregation on
condition that the said area will be awarded to genuine Manobo tribe.

4. The Committee also heard the Dumagat-Agta of Aurora province who appealed to the
Committee's intervention in order for the NCIP to commence its survey of their ancestral
domains, including ancestral waters. According to them, their lands and waters have been
encroached upon by the Asian Pacific Special Economic Zone (APECO) without their consent.

Chairman Baguilat informed the Dumagat guests that the Committee will make immediate
representation in the NCIP and bring the matter to the attention of the Commission for
expeditious resolution.

Chairman Baguilat adjourned the Committee meeting at 11:46 in the morning.

Prepared by: ADORA P. PUEBLOS
Committee Secretary

Noted by: TEDDY BRAWNER BAGUILAT
fmmitttee Chairman

{S) MINUTES 12-1-10 / MINUTES / 25TH CONGRESS