Republic of the Philippines
Bouse of Representative
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

659

HOUSE BILL NO.

Introduced by HON. SITTT DJALIA A. TURABIN-HATAMAN
of Anak Mindanao (AMIN) Party-list

EXPLANATORY NOTE

‘The Bill of Rights of the 1987 Philippine Constitution, particularly Article III,
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. II, 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, is 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
guarantee 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 All Forms Of Intolerance And Of Discrimination Based On Religion
Or Belief, and the 1993 Resolution on the Elimination Of All Forms Of Religious
Intolerance, this Act addresses religious and other forms of discrimination.

To 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. SITTI DJALIA A. TURABL

-HATAMAN


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

HOUSE BILL NO. d 659

Tntroduced by HON. SITTT DJALIA A. TURABIN-HATAMAN
‘of Anak Mindanao (AMIN) Pary-list

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 "Equal Protection Act.”

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

a)

b)

¢)

d)

SEC.

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;

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

8. 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) "Ethnic origin” includes race, national origin and ethno-linguistics origin.

2) “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 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) "Mustims' refers to those who are followers of the Islamic faith, whether from
birth or by conversion.

5) "Religious belief’ means holding or not holding a religious belief or view and
engaging in, not engaging in or refusing to engage in a religious activity.

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

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

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

b) Discrimination in Education - A public or private educational institution,
their officers or employees, or any person acting on their behalf shall be liable
for discrimination by refusing, or failing to accept, another for application for


admission as 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 of
goods or services to him;

4) Discrimination in Accommodation -A person or his agents shall be liable
for discrimination by refusing, or failing to accept or process the application
for accommodation of another by providing onerous terms and conditions not
similar to other applicants, or by subjecting another to any other detriment in
connection with the provision of accommodation to that person on the basis
of ethnic background and/or religious 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 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 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 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 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 (0) days nor more than six (6)
months and/or a fine of not less than Ten thousand pesos (Php 10,000.00) 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 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

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 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,

HON//SITTI Uae A. TURABIN-HATAMAN