FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
~~ 
~ 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
EXPLANATORY NOTE 
The Bill of Rights of the 1987 Philippine Constitution, particularly Article 111, Section 1, 
provides for “equal protection of the laws” a specific constitutional guarantee of the Equality of 
all persons. Under it, each individual is dealt with as an equal person in the law, regardless 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, Indigenous 
Peoples or Lumads, Highlanders in Mindanao and elsewhere in the Philippines, then the 
constitutional state policy of social justice (Art. 11, Sec. 10) that those who have less in life must 
have more in law, steps in. 
It is an established principle of constitutional law that the equal protection clause is not violated 
by a legislation based on reasonable classification, 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 betweedamong the 
three classes of peoples in Mindanao -- the majority Christian settlers (and their descendants), 
the Muslims or MOR0 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 condition 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. 11, See. 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 terrorist act 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. 
1 


To be sure, discriminatory attitudes or practice will not be corrected by legislation alone, even 
penal ones like this bill. But these legislative sanctions, which are the contribution of Congress, 
are part of what should be a holistic response to the fight against discrimination. 
Approval of this bill is earnestly sought. 
A N T b h  “SONNY” F. TRILLANES IV 
Senator 
2 


1 
8 
9 
IO 
I 1  
12 
13 
14 
FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
. . 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
PROHIBITING DISCRIMINATION AGAINST PERSONS ON ACCOUNT OF ETHNIC 
ORIGIN AND/OR RELIGIOUS BELIEF 
Be I t  enacted by tJ7e Senale und House of Representatives of 6he 1'hiIippine.y in ('ongress 
ussembled: 
SECTION 1. Short Title. - This act shall be known as "'The An/,-Discrimination Act qf 
2008. " 
SEC. 2. Declaration ofpolicy. - 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 by all people the blessings of democracy; 
b) Promote a just and dynamic social order that will insure the prosperity and 
independence of the nation and free the people from poverty though policies that 
provide adequate social services, promote full employmenl, a rising standard of 
living, and an improved quality of life for all; 
c) Recognize and promotes the rights of indigenous cultural communities within the 
framework of national unity and development; 
d) Give 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, 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
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 
aBliation 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 eho-linguistics origin. 
a. Indigenous People shall, as provided under Section 3(h), Chapter I1 of Republic 
Act No. 8371 otherwise known as “The Indigenous People’s Rights Act of 1997” 
(IPRA of 1997), refer 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 have resettled 
outside their ancestral domains; 
b. Mor0 People refers to the collective people belonging to the thirteen Ethno- 
linguistic groupings, who are largely of the Islamio faith. 
2) Muslims refers to those who are followers of the Islamic Faith, whether from birth or by 
conversion. 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
3) Religious beliefrefers to the strong and profound belief affecting a way of life; a belief is 
religious not because a religious group professes that belief, but because the individual 
sincerely holds that belief with the strength of traditional religious views. 
4) Accommodation as mentioned herein includes a house, apartment, condominium, town 
houses, flat, hotel, motel, boarding house, hostel, and dormitories. 
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 hisher agents must not 
discriminate against an applicant for a job by refusing employment to the person 
or imposing on that person onerous terms and conditions on the basis of hisiher 
ethnic background and/or religious affiliation or beliefs. Likewise, an employer or 
hidher 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 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 said institution, or by expelling the student, or by 
b.) 
3 


1 
2 
3 
4 
5 
6 
subjecting the student to any other detriment on the basis of ethnic background 
and/or religious affiliation or belief. 
Discrimination in the Delivery of Goods and Services. - 
Any person shall, by 
reason of ethnic background and/or religious affiliation or belief, shall be liable 
for discrimination if he/she refuses to provide goods or services to another, or 
imposes onerous terms on which goods or services are provided, or subjects 
c.) 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
another to any other detriment in connection with the provision of goods or 
services to him or her. 
Discrimination in Accommodation. - 
A person or hidher agents shall be liable 
for discrimination by refusing, or failing to accept or process, the application for 
accommodation of another by providing onerous terms and conditions not similar 
to other applicants, or by subjecting another to any other detriment in connection 
with the provision of accommodation to that person on the basis of ethnic 
background and/or religious belief. 
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 or religious belief. 
d.) 
e.) 
SEC. 6. Persons Liable. - Any person, natural or juridical, 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. Provided, in case of corporation, company, institution or 
agency, whether public or private, the officers of such juridical entities shall be liable under this 
act. 
Any person who requests, instructs, induces, encourages, authorizes or assists another 
person to commit acts of discrimination shall also be liable under this Act. Likewise, a person 
4 


1 
2 
3 
4 
5 
6 
1 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
who is duty-bound to act on complaints for 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 Opportuni@ - 
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 in the next section. Failure to do so shall be deemed refusal to address 
discrimination, and shall be penalized as an act of discrimination. 
SEC. 8. Equal Opp~&nl@ CommZltees. - 
In order to insure 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 of 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. 
5 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
SEC. 9. Penal Clause. - Any person liable under this Act shall be penalized by 
imprisonment for a period of not less than thirty days nor more than six months andor a fine of 
not less than ten thousand pesos nor more than one hundred thousand pesos, taking into 
consideration the circumstances and gravity of the offense. 
SEC. 10. Duty of the Office on Muslim Affairs and the National Commission on 
Indigenous Peoples. - It shall be the duty of the Office on Muslim Affairs ( O W )  and 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, OMA and NCIP shall: 
(a) Promulgate appropriate rules and regulations prescribing the procedure for the 
investigation of discrimination cases against their people and the administrative sanctions 
therefor, 
(b) 
Ensure the creation of committees on equal opportunity in the different agencies, 
corporations, companies and educational institutions, whether private or public, and 
(c) Supervise the agencies, corporations, companies and educational institutions, whether 
private or public, in the implementation ofthis 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. 
6 


1 
SEC. 13. EffectiviQ Clause. - This Act shall take effect fifteen (15) days after 
z 
publication in a newspaper of general circulation. 
Approved, 
7