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

Sixteenth Congres
First Regular Session

Housé Bill No, 4448

Introduced by AKBAYAN Representatives
Tharra “Barry” M, Gutierrez III and Walden F. Bello

EXPLANATORY NOTE

‘The 1987 Constitution declares that the State values the dignity of every human person and
guarantees full respect for human rights (Seotion 11, Artile Il, 1987 Constitution). Burthermore, the
equal protection clause in the Bill of Rights guarantees that no person shall be denied equal

protection of the laws.

As a signatory to the International Covenant on Civil and Political Rights, the State

obligated to
create laws which shall prohibit disctimination to guarantee to all persons equal and effective

protection against discrimination on any ground such as race, color, sex, language, religion,

political or other opinion, national ot social origin, property, birth or other status. ” Twenty eight

years have passed since the Philippines became a State Party to the ICCPR, yet laws to address

discrimination in the Philippines have yet to be adopted.

Tris a sad reality that stigma and discrimination based on grounds such as race and color, ethnic
origin, language, religion and religious belief or affiliation, political belief or affiliation, sex, sexual
orientation, gender identity, national or social origin, bisth, disability, physical appearance, age,
marital and family status, health status, and economic and social situation-among others

continue to be prevalent in our society today.

This bill seeks to provide equal opportunities for all, in all fields of human endeavors. Every

person is rightfully entitled to live in a society free from any prejudice and discrimination. This


bill also serves as a measure of protection against all forms of disctimination and abuse that

individuals are subjected to each and every day

‘There is an urgent need to define and penalize practices which violate the basic human rights of
every individual, preventing their free and open participation in the community. ‘Through the

elimination of discrimination, equal and inalienable rights for all will be achieved.

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

IBARRA “BARKY” M, TERREZ II WALDEN F, BELLO


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

Sixteenth Congress
First Regular Session

4448

House Bill No.

Introduced by AKBAYAN Representatives
Ibarra “Barty” M. Gutierrez IIT and Walden F. Bello

AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF RACE AND COLOR,
ETHNIC ORIGIN, LANGUAGE, RELIGION AND RELIGIOUS BELIEF OR
AFFILIATION, POLITICAL BELIEF OR AFFILIATION, SEX, SEXUAL

ORIENTATION, GENDER IDENTITY, NATIONAL OR SOCIAL ORIGIN,
BIRTH, DISABILITY, PHYSICAL APPEARANCE, AGE, MARITAL AND FAMILY
STATUS, HEALTH STATUS, ECONOMIC AND SOCIAL SITUATION OR OTHER
STATUS, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES,

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

SECTION 1. Short Title.—his Act shall be known as the “
Aut of 2014”

Compprebensive Anti-Diserimination

SECTION 2. Declaration of Policy.—Pursuant to Article II (State Policies), Section 11 of the
1987 Philippine Constitution, which declared that the State values the dignity of every human

person and thereby guarantees full respect for human rights, to Article IIT (Bill of Rights),

Section 1, which affords every person equal protection of the laws, and to obligations under
various human rights instruments to which the Philippines is a signatory, it is hereby declared the
policy of the State to work actively for the elimination of all forms of discrimination. Towards

this end, discriminatory practices as defined herein shall be proscribed and penalized.

SECTION 3. Definition of Terms.—As used in this Act:

(a) “Disability” refers to the following:


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(1) A physical or mental impairment that substantially limits one or more psychological,
physiological or anatomical function of an individual;
(2) A secord of such an impairment; or

(3) Being regarded as having such impairment.

“Education and training? refers to all types and levels of education, training, and other avenues
for leaming and includes access thereto, the standard and quality thereof, and the conditions

under which the same is given.

“Employment? refers to 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

al

opportunities, transfer, and dismi

Employment shall apply to regular, probationary, casual, contractual, fixed-term, seasonal and

project-based workers. In legitimate contracting or subcontracting arrangements, the

contractor/subcontractor shall be deemed the employer of the contractual employee.

“Ethnic origin? refers to the race, national origin and ethno-linguistic origin.

“Gender identity” refers to the personal sense of identity or expression as characterized, among

others, by manners 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.
“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, at a particular moment in

history, a given society defines as gender appropriate.

al or mental health,

“Health status? refers to a person’s physi

“Indigenous peoples? include peoples who are regarded as indigenous on account of their

descent from the populations which inhabited the country, at the time of conquest ot

colonization, or at the time of inroads of nonindigenous religions and cultures, or the



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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 domain

Indigenous peoples also refers to a group of people or homogenous societies identified by self
ascription and ascription by others, who have continuously lived as 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, nonindigenous religions

and cultures, became historically differentiated from the majority of Filipinos

@) “Profiling” means relying on the prohibited grounds of discrimination in subjecting a person

stigatory activities, which include unnecessary, unjustified, illegal,

or group of persons

to inv

and degrading s ning or other investigatory activities, in determining whether

earches, qui
an individual is engaged in an activity presumed to be unlawful, immoral, of socially

unacceptable.

@) “Religions belief? refers to the profession or non-profession of religion or belief of one’s

choice that may be publicly or privately manifested in worship, observance, practice and

teaching,

(®) “Seal orientation” refers to the direction of emotional sexual attraction or conduct. ‘This can
be expressed towards people of the same sex (homosexual orientation) or towards people of

both sexes (bisexual orientation), towards neither, or towards people of the opposite sex

(heterosexual orientation) or towards everyone.

() “Stigna? 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.

(m) “Vulnerable communities” refers to communities or sectors that encounter stigma and

discrimination based on the grounds enumerated in Section 5.


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SECTION 4. Meaning of discrimination.

Any distinction, exclusion or restriction or

preference which is based on any ground such as race and color, ethnic origin, language, religion
and religious belief or affiliation, political belief or affiliation, sex, sexual orientation, gender
identity, national or social origin, bieth, disability, physical appearance, age, marital and family
status, health status, economic and social situation or other status, and which has the purpose or
effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on equal

footing, of all rights and freedoms.

SECTION 5. Acts of discrimination; unlawful—Acts of discrimination include, but are not

limited to, the following:

(a) Inflictng stigma.

It shall be unlawful for any person to commit any acts that promote and encourage stigma

ional

based on the grounds referred to in Section 4. Content in the media, in educa

textbooks, or in other medium that aims to inflict stigma is likewise prohibited.

(b) Denial of politica, civil and enltural rights:

Tr shall be unlawful to deny a person enjoyment of political, civil and cultural rights based on.

the grounds referred to in Section 4,

(©) Denial of right to education

Itis 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 of their students of trainees;

and
(2) Impose disciplinary sanctions, penalties harsher than customary, or similar punishments,
requirements, restrictions, or prohibitions that infringe on the rights of the students on

the basis of the grounds identified in Section 4,


1 The prohibition to deny the right to education on the basis of the grounds in Section 4

2 extends to acts committed against a student or trainee to discriminate his or her parents ot

3 legal guardians based on grounds referred to in Section 4.

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5 A) Denial of right to wo

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7 Icis unlawful for any person to:

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9 (1) Use the grounds in Section 4 or require the disclosure thereof in the selection,
10 promotion, and termination of workers, and in the determination of compensation,
u training, incentives, privileges, benefits or allowances, as well as other terms and
12 conditions of employment;

13 (2) Deny employment in government institutions, including police and military service,
14 based directly or indirectly on the grounds referred to in Section 4;
15 (3) Refuse to enter into contract or agreement with persons or group of persons based solely
16 or partly on the grounds provided in Section 4; and

7 (4) Deny an application for or revoke a professional license issued by the government
18 directly or indirectly due to the grounds included in Section 4,

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20 Denial of access to goods and services
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22 Iris unlawful for any person to:
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24 (1) Deny a person, solely or partly on the basis of the grounds in Section 4, of goods and
25 services available to the general public, such as but not limited to private and public
26 insurance, housing and other forms of accommodation, medical and clinical services;
aT 2) Refuse entry to ot evict a person from any establishment, facility or utility that is open to
28 the general public, such as but not limited to restaurants, bars, hotels, shopping malls,
29 solely of partly on the basis of the grounds listed in Section 4; and
30 3) Cause undue and unjust deferral of services or provision of inferior services to persons
31 due to the grounds in Section 4.
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33 ‘There is discrimination if the acts above are committed against organizations or groups of
34 persons based on the grounds identified in Section 4,


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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,

(@) Inflcting harm on health and well-being

It shall be unlawful to subject any person, without consent, to any unnecessary medical or

physical examination, psychological treatment, faith-based practices, and other similar

procedures based solely or partly on any of the grounds referred to in Section 4 that aim to

change identity or physical attributes or impose behavior or expressions.

(b) Engaving in profiting

It shall be illegal for any person, including members of the military and law enforcement

ion 4,

agencies, to engage in profiling based solely or partly on the grounds included in Set

(Abuses by state and non-state actors
It shall be unlawful for any government agency, including local government units, police,
military, and immigration agencies, to harass verbally or physically, to curtail freedom of
movement, of to extort from a person or a group of persons on the basis of the grounds
stipulated in Section 4.

This prohibition applies to similar abuses committed by non-State actors.

) Detention and confinement.


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Tt shall be unlawful to detain and confine a person or groups of persons based directly or

indirectly on the grounds under Section 4.
(&) Other analogous cireumstances

Any 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 are also

prohibited,

SECTION 6, Persons liable—:

‘ny person, natural or juridical, or their representatives,

‘es, or government-owned and controlled

including government instrumentalities and agen

conporations, or any private coxporation, institution or company who commits discrimination
through any of the acts described in Section 5 shall be liable under this Act.
Any person, natural or juridical, or their representatives, who requests, instructs, induces,

rimination under Section 5 shall

encourages, authorizes or assists another to commit acts of dis

also be liable under this Act.

crimination under this Act but fails or

Any person who is duty-bound to act on complaints of dis

refuses to do so shall be deemed prin facie to have sanctioned the discriminatory act, and shall

be held equally liable for discrimination.

All government officers and workers are obliged to promote nondiscrimination in the discharge

of their duties and responsibilities.

SECTION 7. Penalties

years imprisonment or a fine of not more than five hundred thousand Philippine pesos

‘The penalty of not less than one (1) year but not more than six (6)

(PhP500,000.00), in the discretion of the court taking into consideration the circumstances and

gravity of the offense,

‘The penalty provided under this Section shall be imposed in its maximum period:

@) If the offender has been previously convicted under this Act;


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(b) When the offender is an ascendant, parent, guardian, stepparent or collateral relative within

the second degree of consanguinity or affinity of the victims

(©) When the offender is the manager or owner of an establishment which has no license to

operate or whenever such license has expired or has been previously revoked.

(@) When the offender is a public official, officer or employee: Provided, That the penalty of

Provided, further, That the public official, officer or

suspension shall also be imposed:
employee may be ordered to undergo gender and discrimination training and community

service during the duration of suspension,

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.

An offender who is a foreigner shall be deported immediately after service of sentence and shall

be forever bar

ed entry into the country

Whenever the courts determine that a fine shall be imposed pursuant to the criminal case filed
under this Act, the fine thus collected shall be remitted by the court to the Commission on

ance of victims of disci

Human Rights which shall administer the fund for the assis nination.

SECTION 8. Programs to promote non-discrimination and diversity.—Vhe State shall
endeavor to eliminate all forms of discrimination and shall therefore pursue initiatives and

programs that seck to enable an environment free of stigma and discrimination. It shall ditect the

ate to ensure non-discrimination and promote equality and

machinery and resources of the
shall encourage other sectors of the society to engage and participate in these efforts. It shall

ensure the establishment of the following programs:

Social Protection Pmgram—The national government shall implement social protection

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measures for communities affected by and vulnerable to stigma and discrimination.

(b) Diversity Programs and Policies —All government agencies, government-owned and controlled
conporations, private companies, public and private educational institutions, and other

entities shall establish diversity programs to ensure that discrimination and abuse are


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prevented. They shall also create an internal redress mechanism to address cases of

discrimination and grant administrative remedies or sanctions for such cases.

The Civil Service Commission, Department of Labor and Employment, Department of Interior

and Local Government, Department of Trade and Industry, 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, and

Department of Health shall ensure the implementation of this Section

Failure of the above agencies, without justifiable cause, to ensure the implementation of this

discrimination and shall be penalized as an

provision shall be deemed refusal to addr

analogous act of discrimination,

SECTION 9. Enforcement—Criminal complaints brought under this Act shall be filed with
the proper court, In addition to the criminal complaint, a person who has been subjected to any
acts of discrimination as defined in this Act may file a complaint with the Commission on

Human Rights. For this purpose, the Commission on Human Rights may investigate, motu propria

iolation of this Act

or on complaint by any p

yn, acts or omissions in

In all cases under investigation, the Commission may issue legal and preventive measures as well

provisional remedies. These measures or remedies shall include, but ate not limited to, general

arus quo ante orders, cease and desist orde1

writs of injunction, resteaining orders, s s, protection
orders or such other orders to protect the life and security of persons, preserve evidence, protect

properties and other considerations to ensure the efficient investigation of the alleged violation

‘The Commission shall also direct the officer concerned to take appropriate action against a
public officer or employee at fault or who neglected to perform an act or discharge a duty
requited under this Act, and order revocation of license, removal from office or employment,
suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith. Refusal
by any officer without just cause to comply with an order of the Commission to revoke the
license, remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at
fault, or who neglects to perform an act or discharge a duty required under this Act, shall be a

ground for disciplinary action against said officer.


SECTION 10. Administrative proceedings and sanctions against public officials and

employees.—Pursuant to Section 8 of this Act, which makes it a duty of the Commission on

s of discrimination, a finding by the Commission on

Human Rights to investigate alleged cas

Human Rights that a department, agency or instrumentality of the government, a government-

n of this

owned and ~controlled corporation, of a local government unit has violated any provis
Act and its implementing rules and regulations, shall carry with it a recommendation to the Civil
Service Commission and/or the Department of Interior and Local Government for the
imposition of sanctions under administrative law, civil serviee, or other appropriate laws. Such
recommendation shall include the names of the person directly responsible for the violation, and
4 statement that the sanctions be imposed upon the person directly responsible and the head of

the ageney or the local chief executive.

SECTION 11. Fine

finding that any provision of this Act was violated and upon its

against private persons, provisional remedy.—Upon a prima facie

ince of a cease and desist

order, the Commission on Human Rights may impose a fine of twenty thousand Philippine

pesos (PhP20,000.00) for every day that the act of discrimination complained of has not ceased.
For purposes of this Section and the imposition of the provisional remedy of fine, the
Commission on Human Rights may ask the assistance of the Department of Trade and Industry,

the Commission on Higher Education, Department of Labor and Employment, Department of

Education, and the ‘Technical Education and Skills Development Authority

‘The fine thus collected shall be for the assistance of victims of di

SECTION 12. Implementing rules and regulations —The Commission on Human Rights,
Givil 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.

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SECTION 13. Separability clause—)

‘Act is held invalid or unconstitutional, the remaining provisions not affected thereby shall

, for any reason, any part, section or provision of this
continue to be in force and effect.
SECTION 14. Repealing Clause-—All laws, decrees, executive orders, proclamations, rules

and regulations, and other issuances, or part or parts thereof, which are inconsistent with the

provisions of this Act are hereby repealed, amended or modified accordingly

SECTION 15. Effectivity clause—This Act shall take effect fifteen (15) days after

publication in the Official Gagette or at least nwo (2) newspapers of general circulation, whichever

comes earlier,

Approved,

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