NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
toi S>cnalc
o(Ilie £i;:rrtar;
‘22 SEP-1 P5S6
SENATE
s.B. No. 12B4
RECEIVED av
Introduced by SENATOR IMEE R. MARCOS
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, INDIGENOUS, 
RACIAL OR ETHNIC ORIGIN, RELIGIOUS BELIEF OR ACTIVITY, POLITICAL 
INCLINATION OR CONVICTION, SOCIAL CLASS, SEX, GENDER, SEXUAL 
ORIENTATION, SEX CHARACTERISTICS, GENDER IDENTITY, GENDER 
EXPRESSION, MARITAL OR RELATIONSHIP STATUS, DISABILITY, HIV 
STATUS, PROFESSION OR OCCUPATION, HEALTH STATUS OR MEDICAL 
HISTORY, LANGUAGE, PHYSICAL FEATURES, AND OTHER STATUS, AND
PROVIDING PENALTIES THERFOR
EXPLANATORY NOTE
The 1987 Constitution guarantees and provides for equal protection among 
every Filipino and prohibits discrimination particularly those discriminatory practices 
based on age, indigenous, racial, or ethnic origin, religious belief or activity, political 
inclination or conviction, social class, sex, gender, sexual orientation, sex 
characteristics, gender identity, gender expression, marital relationship status, 
disability, HIV status, profession or occupation, health status or medical history, 
language, physical features, or other status.
Article I of the Universal Declaration of Human Rights provides that, "A// human 
beings are born free and equal in dignity and rights. They are endowed with reason 
and conscience and should act towards one another in a spirit of brotherhood. The 
United Nations have in the Charter reaffirmed their faith in fundamental human rights, 
in the dignity and worth of the human person and in the equal rights of men and


women and have determined to promote social progress and better standards of life in 
larger freedom.
However, despite various laws regarding anti-discrimination, discriminatory 
practices are still rampant and is affecting thousands of Filipinos such as forms of 
cruelty primarily because of misconceptions and ignorance, among others. Thus, there 
is a need to exert efforts, including the prohibition and imposition of penalties, to 
address all forms of discrimination and violence and to promote human dignity and 
equality among all regardless of age, indigenous, racial, or ethnic origin, religious belief 
or activity, political inclination or conviction, social class, sex, gender, sexual 
orientation, sex characteristics, gender identity, gender expression, marital relationship 
status, disability, HIV status, profession or occupation, health status or medical history, 
language, physical features, or other status.
Therefore, the passage of this bill is earnestly sought.
IMEE R. MARCOS


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S.B. No.
°64
.s:V;'i 
■
0tlD<
•22 SEP-1 P5 56
RECEIViOBV.,
Introduced by SENATOR IMEE R. MARCOS
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, INDIGENOUS, 
RACIAL OR ETHNIC ORIGIN, RELIGIOUS BELIEF OR ACTIVITY, POLITICAL 
INCLINATION OR CONVICTION, SOCIAL CLASS, SEX, GENDER, SEXUAL 
ORIENTATION, SEX CHARACTERISTICS, GENDER IDENTITY, GENDER 
EXPRESSION, MARITAL OR RELATIONSHIP STATUS, DISABILITY, HIV 
STATUS, PROFESSION OR OCCUPATION, HEALTH STATUS OR MEDICAL 
HISTORY, LANGUAGE, PHYSICAL FEATURES, AND OTHER STATUS, AND
PROVIDING PENALTIES THERFOR
Be it enacted by the Senate and House of Representatives of the Phiiippines in Congress 
assembled:
1 
SECTION 1. Short Title. -This Act shall be known as the ""Comprehensive Anti-
2 
Discrimination Act".
3 
SEC. 2. Declaration of Policy. - It is the policy of the State to work actively for
4 
the elimination of all forms of discrimination that offends the equal protection clause of
5 
the Bill of rights, and the State's obligations under human rights instruments acceded
6 
to by the Republic of the Philippines, particularly those discriminatory practices based
7 
on age, indigenous, racial, or ethnic origin, religious belief or activity, political inclination
8 
or conviction, social class, sex, gender, sexual orientation, sex characteristics, gender
9 
identity, gender expression, marital relationship status, disability, HIV status, profession
10 
or occupation, health status or medical history, language, physical features, or other
11 
status.
12 
Toward this end, the State shall exert efforts to address all forms of
13 
discrimination and violence and to promote human dignity as enshrined in the United
14 
Nations Universal Declaration on Human Rights, the Convention on the Elimination of


1 
All Forms of Discrimination Against Women, particularly on Nondiscrimination based on
2 
sexual orientation and gender identity, Convention on the Rights of the Child,
3 
International Covenant on Civil and Political Rights, International Covenant on
4 
Economic, Social and Cultural Rights, International Convention on the Elimination of All
5 
Forms of Racial Discrimination, Convention on the Rights of Persons with Disabilities,
6 
International Convention on the Protection of All Migrant Workers and Members of their
7 
Families, and the relevant General Comments or Recommendations by the concerned
8 
United Nations Treaty-Bodies, and all other relevant and universally accepted human
9 
rights instruments and other international conventions to which the Philippines is a
10 
signatory of. As such, discriminatory practices as defined herein shall be prescribed and
11 
penalized.
12 
SEC. 3. Definition of terms. - For the purposes of this Act, the following terms
13 
shall be defined as follows:
14 
(a) 
Disability refers to (1) a physical or mental impairment that substantially
15 
limits one or more psychological, physiological, or anatomical function of an individual
16 
or activities of that individual; (2) a record of such an impairment; (3) or being regarded
17 
as having such an impairment.
18 
(b) 
Discrimination constitutes any distinction, exclusion, restriction, or
19 
preference or other differential treatment that is directly or indirectly based on the
20 
protected attributes, such as age, indigenous, racial, or ethnic origin, religious belief or
21 
activity, political inclination or conviction, social class, sex, gender, sexual orientation,
22 
gender identity, gender expression, sex characteristics, marital or relationship status,
23 
disability, HIV status, profession or occupation, health status or medical history,
24 
language, physical features, and other status, which has the purpose or effect of
25 
nullifying or impairing the recognition, employment or exercise, on an equal footing, of
26 
the political, civil, economic, social, and cultural rights. Discrimination also includes
27 
incitement to discriminate and harassment.
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29
30
31
32
33
(1) Direct Discrimination occurs where a person is treated less 
favorably than another person in the same or comparable circumstances on the 
ground of their protected attribute, i.e., age, indigenous, racial, or ethnic origin, 
religious belief or activity, political inclination or conviction, social class, sex, 
gender, sexual orientation, gender identity, gender expression, sex 
characteristics, marital or relationship status, disability, HIV status, profession


1 
or occupation, health status or medical history, language, physical features, and
2 
other status.
3 
Direct discrimination also includes detrimental acts or omissions on the
4 
basis of prohibited grounds where there is no comparable similar situation.
5 
(2) Indirect Discrimination occurs where a neutral policy, condition,
6 
practice, or requirement, which appears neutral on its face, is imposed which
7 
has the effect of disadvantaging a person with a particular protected attribute
8 
and which is not reasonable in the circumstances. Indirect discrimination may
9 
not be unlawful if a respondent can show that there is an objective justification
10 
for it. This involves demonstrating a proportionate means of achieving a
11 
legitimate aim.
12 
(c) Education and Training refers to all types and levels of education,
13 
training, and other avenues for learning, and includes access thereto, the standard and
14 
quality thereof and the conditions under which the same is given.
15 
(d) Ethnic Origin includes race, national origin, and ethno-linguistic origin.
16 
(e) Empioyment refers to all terms, conditions, and privileges relating to work
17 
in public and private institutions, including recruitment policies, application, procedures,
18 
training, incentives, compensation, determination of benefits or allowances, promotion,
19 
advancement opportunities, transfer, and dismissal.
20 
The definition shall apply to all employees regardless of their status of
21 
employment. In legitimate contracting arrangements, the contractor/subcontractor
22 
shall be deemed the employer of the contractual employee.
23 
For the purpose of this Act, the terms of employment and occupation shall
24 
include access to vocational training, access to employment and to particular
25 
occupations, and terms and conditions of employment.
26 
(f) Gender refers to a social construct used to categorize a person as man,
27 
woman, or other identity which is usually based on one's sex assigned at birth;


1 
(g) Gender Expression refers to the way a person communicates gender
2 
identity to others through behavior, clothing, hairstyles, communication or speech
3 
pattern, or body characteristics.
4 
(h) Gender Identity refers to a person's innermost concept of self as man,
5 
woman, or another non-binary identity, which may or may not correspond with the sex
6 
assigned at birth.
7 
(i) 
HIV Status refers to the presence or absence of 
the human
8 
immunodeficiency virus (HIV) in the body of an individual.
9 
(j) 
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) shall, as
10 
provided under Section 3(h), Chapter II of Republic Act No. 8371 or "The Indigenous
11 
Peoples' Rights Act of 1997" (IPRA), refer to a group of people or homogenous societies
12 
identified by self-ascription and ascription by others, who have continuously lived as
13 
organized community on communally bounded and defined territory, and who have,
14 
under claims of ownership since time immemorial, occupied, possessed, and utilized
15 
such territories, sharing common bonds of language, customs, traditions, and other
16 
distinctive cultural traits, or who have, through resistance to political, social, and
17 
cultural inroads of colonization, non-indigenous religions and cultures, became
18 
historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include
19 
peoples who are regarded as indigenous on account of their descent from the
20 
populations which inhabited the country, at the time of conquest or colonization, or at
21 
the time of inroads of non-indigenous religions and cultures, or the establishment of
22 
present state boundaries, who retain some or all of their own social, economic, cultural,
23 
and political institutions, but who may have been displaced from their traditional
24 
domains, or who may have resettled outside their ancestral domains.
25 
(k) 
Bangsamoro People are those who, at the advent of the Spanish
26 
colonization, were considered natives or original inhabitants of Mindanao and the Sulu
27 
archipelago and its adjacent lands, whether of mixed or full blood, shall have the right
28 
identify themselves, their spouses and descendants, as Bangsamoro.
29 
(I) 
Linguistic Discrimination refers to the unfair treatment of an individual
30 
based solely on the use of language. This use of language may include the individual's
31 
native language or other characteristics of the person's speech, such as an accent, the
32 
size of vocabulary (whether the person uses complex and varied words), and syntax.


1 
(m) 
Marginalization refers to a condition where a whole category of people Is
2 
excluded from useful and meaningful participation in political, economic, social, and
3 
cultural life;
4 
(n) 
Muslims refer to those who are followers of Islamic faith, whether from
5 
birth or by conversion.
6 
(o) 
Marita! or Relationship Status refers to the personal status of each
7 
individual in relation to the marriage laws or customs of the country.
8 
(p) 
Occupation refers to a line of work, job, or profession.
9 
(q) 
Persons with Disabilities include those who have long-term physical,
10 
mental, intellectual, or sensory impairments which in interaction with various barriers
11 
may hinder their full and effective participation in society on an equal basis with others.
12 
(r) 
Physical Features refer to a person's height, size, weight or other bodily
13 
characteristics. It shall also include features that a person chooses to acquire, such as
14 
tattoos and piercings.
15 
(s) 
Political Inclination refers to a person's preference as regards
16 
membership or belief in a particular political party, organization, or ideology. It covers
17 
both the holding and not-holding of opinions, as well as expression of views or
18 
membership within opinion-based associations, trade unions, or political parties.
19 
(t) 
Profession refers to a lawful occupation which requires specialized
20 
knowledge and often long and intensive academic preparation.
21 
(u) Profiling means relying on the prohibited grounds of discrimination in
22 
subjecting a person, natural or juridical, or group of persons, including any type of
23 
societal relations, to any investigatory activities, which include, but is not limited to the
24 
following: (1) unnecessary, unjustified, illegal, and degrading searches, questioning or
25 
other investigatory activities, in determining whether an individual is engaged in an
26 
activity presumed to be unlawful, immoral, or socially unacceptable; or (2) recording
27 
and analyzing a person's psychological and behavioral characteristics 
to make
28 
generalizations about a person's protected attributes or to assist in Identifying a
29 
particular subgroup of people's protected attributes.


1 
(v) 
Reasonable accommodation means necessary and appropriate
2 
modification and adjustments not imposing a disproportionate or undue burden, where
3 
needed in a particuiar case, to ensure to persons with disabilities the enjoyment or
4 
exercise on an equal basis with others of all human rights and fundamental freedoms.
5 
(w) 
Religious Belief covers the profession or non-profession of religion or
6 
belief of one's choice that may be publicly or privately manifested in worship,
7 
observance, practice, and teaching.
8 
(x) 
Sex refers to the civil status of a person acquired by birth, having a system
9 
of reproduction corresponding to that belonging to male, female, or intersex.
10 
(y) 
Sex Characteristics refers to a person's physical traits that indicate their
11 
biological sex, such as chromosomes, external genitalia, gonads, hormones, and
12 
internal reproductive organs. Traits present at birth are called primary sex
13 
characteristics, whereas those that develop during puberty are called secondary sex
14 
characteristics.
15 
(z) 
Sexual Orientation refers to a person's physical, romantic, and/or
16 
emotional attraction to other people.
17 
It refers to the direction of emotional, sexual attraction, or conduct towards
18 
people of the same gender (homosexual orientation) or towards people of more than
19 
one gender (bisexual orientation), or towards people of different gender (heterosexual
20 
orientation) or to the absence of sexual attraction (asexual attraction).
21 
(aa) Social Class refers to groupings of individuals usually based on wealth,
22 
educational attainment, occupation, income, and membership in a subculture or social
23 
network.
24 
(bb) Stigma refers to the dynamic devaluation and dehumanization of an
25 
individual In the eyes of others which may be based on attributes that are arbitrarily
26 
defined by others as discreditable or unworthy, and which result in discrimination when
27 
acted upon.
28 
(cc) 
Vulnerable Communities refer to communities or sectors that encounter
29 
stigma and discrimination based on the grounds enumerated in Section 4.


1 
(dd) Other Status refers to other forms of differential treatment or grounds of
2 
discrimination which either undermines human dignity, causes or perpetuates systemic
3 
disadvantage, or adversely affects the equal enjoyment of a person's rights and
4 
freedoms in a serious manner that is comparable to the protected attributes
5 
enumerated in Section 4 of this Act. These grounds include, but are not limited to the
6 
following: association and relation with persons with protected attributes, pregnancy
7 
or maternity/paternity status, family responsibilities, health status or medical condition,
8 
or criminal record.
9 
SEC. 4. Prohibited Grounds for Discrimination/Protected Attributes. -
10 
Discrimination that is directly or indirectly based on the actual or perceived
11 
characteristics, which include age, indigenous, racial or ethnic origin, religious belief or
12 
activity, political inclination or conviction, social class, sex, gender, sexual orientation,
13 
sex characteristics, gender identity, gender expression, marital or relationship status,
14 
disability, HIV status, lawful profession or occupation, health status or medical history,
15 
language, physical features, or other status is prohibited. For purposes of this Act, these
16 
personal characteristics shall be collectively termed as "protected attributes".
17 
The protected attributes that may be subjected to differentiation or any form of
18 
discrimination shall be interpreted in their most common or universal definitions and
19 
with due regard to the promotion of meaningful implementation of non-discrimination
20 
policy.
21 
In determining whether a person is distinguished by one or more of the
22 
protected attributes, identification, shall, if no justification exists to the contrary, be
23 
based upon self-identification by the individual concerned. Membership also includes
24 
association with a group characterized by one of the prohibited grounds or perception
25 
by others that an individual Is part of such a group.
26 
SEC. 5. Acts of Discrimination, Unlawful. - Subject to Section 7 of this Act, the
27 
acts of discrimination include, but are not limited to, the following:
28 
(a) Inflicting stigma.
29 
It shall be unlawful for any person to commit any acts that promote, encourage,
30 
inflict, and perpetuate stigma based on the grounds referred to in Section 4. Content
31 
in the media, including social media, in educational textbooks, or in other medium that
32 
aims to promote, encourage, inflict, and perpetuate stigma is likewise prohibited.


1 
(b) 
Inciting violence or sexual abuse against any person or group on the basis
2 
of the grounds referred to in Section 4.
3 
(c) 
Denial of political, civil, and cultural rights.
4 
It shall be unlawful to deny a person enjoyment of political, civil, and cultural
5 
rights based on the grounds referred to in Section 4.
8
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10
11
12
13
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15
16
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18
19
20
(d) Denial of right to education.
It shall be 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 or trainees;
(2) 
Grant or refuse to grant honors, scholarship/s, or other forms of 
assistance on the basis of the grounds defined in Section 4;
(3) 
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;
(4) 
Fail to make reasonable efforts to make facilities accessible to 
persons with disabilities; or
(5) 
Subject a person to any act of discrimination and intolerance 
related to education and training.
21 
The prohibition to deny the right to education on the basis of the grounds in
22 
Section 4 extends to acts committed against a student or trainee to discriminate against
23 
his or her parents or legal guardians.
24
(e) Denial of right to work.


1
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(1) 
It shall be unlawful for any employer or head of a firm, company, 
or organization to:
(i) 
refuse or fail to employ a person for work of any type or 
kind which is available and for which the person is qualified, or impose 
on the person onerous terms and conditions, on the basis of the protected 
attributes under Section 4 of this Act;
(ii) 
fail to take reasonable efforts to make facilities accessible 
to persons with disabilities;
(iii) 
deny or limit access of an employee to the same terms and 
conditions of work, opportunities for training, transfer or promotion, or to 
other benefits connected with 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 impose on the 
person onerous terms and conditions, on the basis of the protected 
attributes under Section 4 of this Act; or
(iv) 
dismiss, demote, reassign, or transfer an employee on the 
basis of the protected attributes under Section 4 of this Act, or subject an 
applicant for employment or an employee to any act of discrimination on 
account of his hiring or employment;
(2) 
It shall be unlawful for any person acting as job contractor or 
recruitment or placement agency, or agent in procuring workers for a principal 
or an employer to treat an applicant seeking employment less favorably than 
another person in the same circumstances who is likewise seeking employment 
on the basis of the protected attributes under Section 4 of this Act.
(3) 
It shall likewise be unlawful for any person to:
(i) Deny employment In government Institutions, including 
police and military service, based directly or indirectly on the grounds 
referred to in Section 4;


(ii) 
Refuse to enter into contract or agreement with persons or 
group of persons based solely or partly on the grounds provided in Section 
4; or
(iii) 
Deny an application for or revoke a professional license 
issued by the government directly or Indirectly due to the grounds 
included in Section 4.
7 
(f) Denial of access to goods and services.
8 
It shall be unlawful for any person to:
9 
(1) 
Deny a person, solely or partly on the basis of the grounds in
10 
Section 4, of goods and services available to the general public, such as but not
11 
limited to, private and public insurance, housing, and other forms of
12 
accommodation, and medical and clinical services: Provided, That to impose
13 
onerous or less favorable terms and conditions not otherwise offered to others
14 
in the same circumstances for the access of such goods and services is
15 
tantamount to discrimination;
16 
(2) 
Refuse entry to or evict a person from any establishment, facility,
17 
or utility that is open to the general public, such as but not limited to,
18 
restaurants, bars, hotels, shopping malls, solely or partly on the basis of the
19 
grounds listed in Section 4: Provided, That to impose onerous or less favorable
20 
terms and conditions not otherwise offered to others in the same circumstances
21 
for the access of such public spaces is tantamount to discrimination; or
22 
(3) 
Cause undue and unjust deferral of services or provision of inferior
23 
services to persons due to the grounds In Section 4.
24 
There is discrimination if the acts above are committed against organizations or
25 
groups of persons, their members, officers, board of directors or trustees, or their
26 
target constituencies based on the grounds Identified in Section 4.
27 
(g) Denial of right to organize.
28 
It shall be unlawful to prohibit, prevent, or revoke the accreditation, formal
29 
recognition, and/or registration of any organization, group, political party, institution.
10


1 
or establishment, in educational Institutions, workplaces, communities, and other
2 
settings, based partly or solely on the grounds provided for in Section 4.
3 
Discrimination is also committed when additional requirements beyond the
4 
customary are imposed directly or indirectly due to the grounds stipulated in Section 4.
5 
(h) Inflicting harm on health and well-being.
6 
It shall be unlawful to subject any person, without full, free, informed, and prior
7 
consent, to any unnecessary medical or physical examination, psychological treatment,
8 
faith-based practices, and other similar procedures based solely or partly on any of the
9 
grounds referred to in Section 4 that aim to change identity or physical attributes or
10 
impose behavior or expressions.
11 
(i) 
Engaging in profiling.
12 
It shall be illegal for any person, including members of the military and law
13 
enforcement agencies, to engage in profiling based solely or partly on the grounds
14 
included in Section 4. For the purposes of investigation, application for or access to
15 
public or private medical and other health services, including private and public health
16 
insurance and HMO-provided medical plans, and other acts which have the intention or
17 
effect of nullifying or impairing the recognition, enjoyment, or exercise, on an equal
18 
footing, of political, civil, economic, social, or cultural rights.
19 
(j) 
Abuses by the government and private persons.
20 
It shall be unlawful for any government agency, including local government
21 
units, police, military, and immigration agencies, to harass verbally or physically, to
22 
curtail freedom of movement, or to extort from a person or a group of persons on the
23 
basis of the grounds stipulated in Section 4.
24 
This prohibition applies to similar abuses committed by private persons.
25 
(k) 
Detention and confinement.
26 
It shall be unlawful to detain and confine a person or groups of persons based
27 
directly or indirectly on the grounds under Section 4.
11


1 
(I) 
Inciting hatred or violence.
2 
It shall be unlawful to incite hatred or violence based on any of the grounds
3 
included in Section 4, by use of words or behavior, such as but not limited to delivering
4 
speeches or making utterances, doing acts of hatred or violence against another
5 
person, or mocking or ridiculing another, or display of written material, publishing or
6 
distributing written material; the public performance of a play; distributing, showing or
7 
playing a recording; broadcasting or including a program in a program service, and
8 
possession of inflammatory material: Provided/ That the test to determine incitement
9 
to hatred or violence should be whether the speech or work, taken as a whole, lacks
10 
serious literary, artistic, political, or scientific value.
11 
(m) Denial of right to expression.
12 
It shall be unlawful to deny a person of his freedom of opinion and expression
13 
based on the grounds included in Section 4. This includes the expression of identity or
14 
personhood through speech, deportment, dress, bodily characteristics, choice of name,
15 
or other means, as well as the freedom to seek, receive, and impart information and
16 
ideas of all kinds through any medium.
17 
(n) 
Retaliation and Coercion.
18 
No person, whether natural or juridical, shall discriminate against an individual
19 
who made a charge, assisted, testified, and/or participated in any means regarding an
20 
investigation, proceeding, and/or hearing under this Act.
21 
No person, whether natural or juridical, shall coerce. Intimidate, threaten, and/or
22 
harass any individual regarding the latter's exercise or enjoyment of any right granted
23 
and/or protected under this Act.
24 
(o) 
Denial of right against wrongful portrayal.
25 
It shall be unlawful for any person to portray, intimate, depict, or describe in
26 
learning institutions. Instructional materials, teaching devices, books, and reference
27 
materials, especially In civics and history, and in mass media, including social media,
28 
certain individuals and/or group/s as inferior, or encouraging the commission of any of
29 
the acts of discrimination against any person and/or group as provided in this Act:
12


1 
Provided, That the test to determine wrongful portrayal should be whether the work,
2 
taken as a whole, lacks serious literary, artistic, political, or scientific value.
3 
Information regarding the dignity and diversity of the cultures, traditions,
4 
histories, and aspirations of the ICCs/IPs should be appropriately reflected in all forms
5 
of education, public information, cultural-educational exchange, and information
6 
education campaigns including the use of social media platforms.
7 
(p) Other analogous circumstances.
8 
Any analogous act, which has the effect or purpose of impairing or nullifying the
9 
recognition, enjoyment, or exercise of the person's human rights and fundamental
10 
freedoms, are also prohibited.
11 
SEC. 6. Persons liable. - Any person, natural or juridical, or their
12 
representatives, including government instrumentalities and agencies, or government-
13 
owned and -controlled corporations, or any private corporation, institution or company
14 
who commit discrimination through any of the acts described in Section 5 shall be liable
15 
under this Act.
16 
Any person, natural or juridical, or their representatives, who requests, instructs,
17 
includes, encourages, authorizes or assists another to commit acts of discrimination
18 
under Section 5 shall also be liable under this Act.
19 
The failure or refusal to act of a head of agency or government official or
20 
employee, or any person whose duty is to prosecute or otherwise act on a complaint
21 
for violation of this Act shall be deemed prima facie as sanctioning the discriminatory
22 
act on the part of said head of agency, official, or employee, and the latter shall
23 
consequently be held equally liable for discrimination under this Act.
24 
All government officers and workers are obliged to promote nondiscrimination
25 
in the discharge of their duties and responsibilities.
26 
SEC. 7. Exceptions. - Any action or conduct, otherwise prohibited under Section
27 
4 and 5 of this Act, shall not be unlawful and shall not be considered as discrimination:
13


1 
(a) 
Where any of the protected attributes is a bona fide occupational
2 
qualification (BFOQ) reasonably necessary to the normal operation of the particular
3 
business or where the differentiation is based on reasonable factors;
4 
(b) 
Where distinction, exclusion, or preference in respect of a particular job
5 
Is based on inherent requirement, which is a proportionate means of achieving a
6 
legitimate aim;
7 
(c) 
Deeply held fundamental religious doctrines, dogma, or beliefs of a
8 
person or of a Body established exclusively for religious purposes require or compel
9 
such person or Body to perform acts or practice necessary to avoid injury to the
10 
religious sensitivities of adherents of that religion: Provided, That such acts or practices
11 
should be in accordance with law, public order, or public policy;
12 
(d) 
Where the act or omission is done in good faith for the purpose of
13 
assisting or advancing a person or group of persons who need or may reasonably be
14 
supposed to need assistance or advancement In order to achieve an equal place in
15 
society with other members of the community (Measures of Equality or Affirmative
16 
Action Program); or
17 
(e) 
Where a difference of treatment based on a protected attribute is
18 
reasonable and objective and if the aim is to achieve a legitimate purpose.
19 
The exceptions shall be without prejudice to the existing laws prohibiting
20 
discrimination on account of the protected attributes such as State principles and
21 
mandates underscored in R.A. No. 7277, as amended, entitled, 'yMagna Carta for
22 
Disabled Persons!', R.A. No. 8371 entitled, "7776 Indigenous Peoples' Rights Act of
23 
1997', R.A. No. 9776/entitled, "77?e Magna Carta of Women", R.A. No. 10911 entitled,
24 
the ''Anti-Age Discrimination in Employment Act, and P.D. No. 442, as amended,
25 
entitled "Labor Code of the Philippines!'.
26 
SEC. 8. Penalties. - The penalty of not less than nine (9) months but not more
27 
than twelve (12) years imprisonment or a fine of not less than One Hundred Thousand
28 
Pesos (P100,000.00) but not more than Five Hundred Thousand Pesos (P500,000.00),
29 
or both, upon the discretion of the court.
30 
The penalty provided under this Section shall be imposed in its maximum period:
14


1 
(a) 
If the offender has been previously convicted under this Act;
2 
(b) 
If the offender is a direct ascendant or descendant, a relative within the
3 
fourth degree of consanguinity or affinity, a step-parent or a step-child, or a guardian
4 
or a ward of the victim;
5 
(c) 
If the offender is the manager or owner of an establishment which has
6 
no license to operate or whenever such license has expired or has been previously
7 
revoked;
8 
(d) 
If the offender is a public official, officer, or employee: Provided, That the
9 
penalty of suspension shall be imposed: Provided, further, That the public official,
10 
officer, or employee may be asked to undergo gender and development training and
11 
community service during the duration of suspension. An accessory penalty of
12 
perpetual disqualification to hold public office is likewise imposed on the public official,
13 
officer, or employee.
14 
If the person liable for the discriminatory act Is a juridical person, an accessory
15 
penalty of cancellation of certificates of registration and/or license shall be imposed.
16 
An offender who is a foreigner shall be deported immediately after service of
17 
sentence and shall be barred entry into the country.
18 
Whenever the courts determine that a fine shall be imposed pursuant to the
19 
criminal case filed under this Act, the fine thus collected shall be remitted by the court
20 
to the Commission on Human Rights which shall administer the fund for the assistance
21 
of victims of discrimination.
22 
In addition, the court may require the offender to render community service,
23 
which shall include attending seminars that advocate anti-discrimination agenda, such
24 
as gender and culture sensitivity training, human rights education, familiarization with
25 
and exposure to the plight of the victims, or any of the circumstances enumerated
26 
under this act.
27 
Nothing in this Act shall preclude the victim from instituting a separate and
28 
independent action for damages and other affirmative reliefs.
15


1 
The Administrative remedies provided under this Act do not bar prosecution of
2 
civil claims in proper courts for an act of discrimination committed under this Act.
3 
If any crime penalized under the Revised Penal Code is committed in pursuit of
4 
discrimination, the penalty provided under the Revised Penal Code shall be applied and
5 
the discrimination committed shall be considered as an aggravating circumstance.
6 
SEC. 9. Redress Mechanisms for Discrimination Cases. -
7 
(a) 
Inclusion of Discrimination Concerns in All Police Stations. - The Women
8 
and Children's Desks now existing in all police stations shall also act on and attend to
9 
complaints/cases covered by this Act. In this regard, the police officers handling said
10 
desks shall undergo trainings on human rights and sensitization on the issues of
11 
violence and abuse on the basis of the grounds referred to in this Act.
12 
Complainant-minors can be represented by parents, guardians, social workers,
13 
or a non-government organization of good standing and reputation.
14 
(b) 
Inter-agency Technical Committee. - An Inter-agency Technical
15 
Committee composed of the Commission on Human Rights (CHR) as the lead agency,
16 
and representatives from the Department of Justice (DOJ), National Commission on
17 
Indigenous Peoples (NCIP), National Commission on Disability Affairs (NCDA), National
18 
Commission on Muslim Filipinos (NCMF), Philippine Commission on Women (PCW),
19 
National Youth Commission (NYC), Civil Service Commission (CSC), Department of
20 
Labor and Employment (DOLE), Department of the Interior and Local Government
21 
(DILG), Department of Education (DepEd), Commission on Higher Education (CHED),
22 
Technical Education and Skills Development Authority (TESDA), Department of Health
23 
(DOH), Armed Forces of the Philippines (AFP), and the Philippine National Police (PNP),
24 
shall be constituted and shall act as an advisory and recommendatory body on
25 
establishing developmental programs that will promote non-discrimination and
26 
management of diversity, in consultation with civil society organizations with proven
27 
expertise and track record on concerns regarding the protected attributes under Section
28 
4, and other stakeholders.
29 
(c) 
Role of the Civil Service Commission (CSC). - The CSC, in consultation
30 
with the Inter-agency Technical Committee, shall modify the existing rules on grievance
31 
machinery to address discriminatory practices committed in, and by officers or
16


1 
employees of, government agencies, instrumentalities, and in government-owned and
2 
-controlled corporations (GOCCs) and other offices under its jurisdiction.
3 
(d) Role of the Department of Labor and Employment (DOLE). - The DOLE,
4 
in consultation with the Inter-agency Technical Committee, shall promulgate the rules
5 
and regulations necessary to enhance anti-discrimination protection in workplaces,
6 
including the establishment of a grievance mechanism to address discriminatory
7 
practices committed in the workplace.
8 
SEC. 10. Programs to Promote Non-discrimination, Equality, and Diversity. - It
9 
shall be the duty of every person, natural or juridical, public or private, to ensure
10 
nondiscrimination and equal opportunity for all persons in relating to actual or
11 
prospective employees, students, tenants, customers or clients, and that no
12 
discriminatory acts, as defined herein, is committed by them or their agents in the areas
13 
defined under Section 5 of this Act.
14 
The State shall endeavor to eliminate all forms of discrimination and shall
15 
therefore pursue initiatives and programs that seek to enable an environment free of
16 
stigma and discrimination, including ensuring reasonable accommodation is provided
17 
for disadvantaged and marginalized sectors. It shall direct the machinery and resources
18 
of the State to ensure non-discrimination and promote equality and shall encourage
19 
other sectors of the society to engage and participate in these efforts. The Inter-Agency
20 
Technical Committee shall, by rules and regulations and in consultation with the Bureau
21 
of Internal Revenue (BIR), develop, prescribe and administer incentive and award
22 
schemes to encourage public and private establishments to provide programs that
23 
promote nondiscrimination and contribute to the empowerment of vulnerable and
24 
marginalized groups. It shall ensure the establishment of the following programs:
25 
(a) Social Protection Program - The national government shall ensure the
26 
integration of the communities affected by or vulnerable to stigma and discrimination
27 
are integrated into government-run social programs.
28 
(b) Diversity and Inclusion Programs and Trainings. - All government
29 
agencies, including government-owned and -controlled corporations, local government
30 
units (LCDs), and private establishments and entities shall develop plans of action to
31 
address discrimination and establish diversity and sensitivity programs to ensure that
32 
discrimination and abuse are prevented and addressed. They shall:
17


1 
(1) 
create an internal redress mechanism to address cases of
2 
discrimination and grant administrative remedies or sanctions for such cases;
3 
(2) 
conduct human rights education and training programs for public
4 
officials, including judges and candidates for judicial appointments, in
5 
coordination with the Commission on Human Rights (CHR). The Department of
6 
Education (DepEd), and the Commission on Higher Education (CHED), in
7 
particular, shall integrate teaching on the principles of equality and non-
8 
discrimination In formal and non-formal inclusive and multicultural education,
9 
with a view to dismantling notions of superiority or inferiority based on protected
10 
attributes and to promote dialogue and tolerance between different groups in
11 
society; and
12 
(3) 
endeavor to provide or conduct human rights education, gender
13 
sensitivity, and culture sensitivity training programs for their staff, employees,
14 
students and trainees, and constituents to ensure that discrimination and abuse
15 
are prevented In their institutions.
16 
(c) Monitoring and evaluation. - All government agencies and
17 
instrumentalities shall monitor the implementation of measures to promote non-
18 
discrimination and equality. Monitoring shall assess both the steps taken and the results
19 
achieved in the elimination of discrimination. Annual reports in this regard shall be
20 
submitted to Congress and the CHR.
21 
(d) 
Disaggregation of data. - All government agencies and instrumentalities
22 
shall ensure that all national strategies, policies, and plans shall use appropriate
23 
indicators and benchmarks, disaggregated on the basis of the prohibited grounds of
24 
discrimination.
25 
The rights of individuals or groups of individuals, who may be distinguished by
26 
one or more of the prohibited grounds, to participate in the decision-making processes
27 
over the selection of measures to promote non-discrimination and diversity shall always
28 
be upheld by the government in the implementation of the programs enumerated
29 
above.
30 
(e) 
Information and Education Campaign. - Ail government agencies and
31 
Instrumentalities are mandated to develop and implement information dissemination
18


1 
on any of the prohibited forms of discrimination. They shall endeavor to produce and
2 
publish information campaign materials on discrimination.
3 
(f) Affirmative Action. - The State shall develop a system of affirmative
4 
actions towards protecting the rights of IPs, other cultural minority groups, and other
5 
vulnerable groups. Support and protection for research and development and learning
6 
materials on cultural heritage preservation and sensitivity for other vulnerable groups
7 
shall be provided to all State Universities and Colleges.
8 
All entities, agencies, corporations, companies, organizations, and
9 
educational/training institutions, whether private or public, shall ensure the
10 
Implementation of this Section.
11 
SEC. 11. Enforcement - Criminal complaints brought under this Act shall be
12 
filed with the proper court. In addition to the criminal complaint, a person who has
13 
been subjected to any acts of discrimination as defined in this Act may file a complaint
14 
with the CHR. For this purpose, the CHR may investigate, motu proprio or on complaint
15 
by any person, acts or omissions in violation of this Act.
16 
In all cases under investigation, the Commission may issue legal and preventive
17 
measures, as well as provisional remedies. These measures or remedies shall include,
18 
but not limited to, general writs of injunction, restraining orders, status quo ante orders,
19 
cease and desist orders, protection orders, or such other orders to protect the life and
20 
security of persons, preserve evidence, protect properties, and other considerations to
21 
ensure the efficient investigation of the alleged violation of this Act.
22 
The Commission shall also direct the officer concerned to take appropriate action
23 
against a public officer or employee at fault or who neglected to perform an act or
24 
discharge a duty required under this Act, and other revocation of license, removal from
25 
office or employment, suspension, demotion, fine, censure, or prosecution, and ensure
26 
compliance therewith. Refusal by any officer without just cause to comply with an order
27 
of the Commission to revoke the license, remove, suspend, demote, fine, censure, or
28 
prosecute an officer or employee who is at fault, or who neglects to perform an act or
29 
discharge a duty required under this Act, shall be a ground for disciplinary action
30 
against said officer.
31 
The CHR, consistent with its mandate under this Act, shall designate a focal
32 
commissioner and/or create an Anti-Discrimination Center/Office to be primarily
19


1 
responsible for formulating and implementing programs and activities relating to the
2 
right of all persons against discrimination, including the investigation and handling of
3 
complaints of violations of this Act.
4 
Notwithstanding the foregoing provisions, NCIP shall have exclusive jurisdiction
5 
over the conduct of investigations on the basis of complaints filed by ICCs/IPs against
6 
natural or juridical persons believed to have violated ICCs/IPs rights.
7 
SEC. 12. Administrative Proceedings and Sanctions against Pubiic Officiais and
8 
Empioyees. - Pursuant to Section 11 of this Act, which makes it a duty of the CHR to
9 
investigate alleged cases of discrimination, a finding by the CHR that a department,
10 
agency, or instrumentality of the government, a government-owned and -controlled
11 
corporation, or a local government unit has violated any provision of this Act and its
12 
implementing rules and regulations, shall carry with it a recommendation to the CSC
13 
and/or the DILG for the imposition of sanctions under administrative law, civil service,
14 
or other appropriate laws. Such recommendation shall include the names of the person
15 
directly responsible for the violation, and a statement that the sanctions be imposed
16 
upon the person directly responsible and the head of the agency or local chief
17 
executive.
18 
Notwithstanding the foregoing provisions, NCIP shall have exclusive jurisdiction
19 
over the conduct of investigations on the basis of complaints filed by ICCs/IPs against
20 
natural or juridical persons believed to have violated ICCs/IPs rights.
21 
SEC. 13. Fines against Private Persons, Provisionai Remedy. - Upon a prima
22 
/ac/e finding that any provision of this Act was violated and upon its issuance of a cease
23 
and desist order, the CHR may impose a fine of Twenty Thousand Pesos (P20,000.00),
24 
for every day that the act of discrimination complained of has not ceased. The fine thus
25 
collected shall be for the assistance of victims of discrimination.
26 
For purposes of this section and the imposition of the provisional remedy of fine,
27 
the CHR may ask the assistance of DTI, CHED, DOLE, DepED, and TESDA.
28 
Notwithstanding the foregoing provisions, NCIP shall have exclusive jurisdiction
29 
over the conduct of investigations on the basis of complaints filed by ICCs/IPs against
30 
natural or juridical persons believed to have violated ICCs/IPs rights.
20


1 
SEC. 14. Joint Congressional Oversight Committee. - A Joint Congressional
2 
Oversight Committee on Anti-Discrimination (JCOC-AD) is hereby created for the
3 
purpose of monitoring and evaluating the effective implementation of this Act as well
4 
as other Acts that affect the right of persons against discrimination.
5 
The JCOC-AD shall be composed of five members each from the Senate and the
6 
House of Representatives.
7 
The Senate Panel shall be composed of the Chairperson of the Committee on
8 
Social Justice, Welfare and Rural Development as Chairperson of the Senate Panel, the
9 
Chairperson of the Committee on Women, Children, Family Relations and Gender
10 
Equality, the Chairperson of the Committee on Cultural Communities, and the remaining
11 
seats to other members of the Senate regardless of the Committee with at least one
12 
member from the minority.
13 
The House of Representatives Panel shall be composed of the Chairperson of
14 
the Committee on Human Rights as Chairperson of the House of Representatives Panel,
15 
the Chairperson of the Committee on Women and Gender Equality, the Chairperson of
16 
the Indigenous Cultural Communities and Indigenous Peoples, and the remaining seats
17 
to other members of the House of Representatives with at least one member from the
18 
minority.
19 
All government agencies shall submit to the JCOC-AD annual reports on the
20 
monitoring and evaluation of measures to promote non-discrimination and equality
21 
which shall include recommendations for Congress.
22 
The JCOC-AD shall convene regularly, at least once a year, to review the annual
23 
reports from government agencies and to evaluate the effectivity and effective
24 
implementation of this Act and other relevant Acts. It shall invite the Inter-agency
25 
Technical Committee in all its meetings.
26 
The JCOC-AD shall submit a report to Congress on its review and evaluation of
27 
relevant Acts and its recommendations.
28 
SEC. 15. Implementing Rules and Regulations. - The Inter-Agency Technical
29 
Committee, in consultation with appropriate civil society organizations and other
30 
stakeholders, shall promulgate the necessary implementing rules and regulations within
31 
ninety (90) days from the effectivity of this Act.
21


1 
SEC. 16. Separability Clause. - Should any provision of this Act or part hereof
2 
be declared unconstitutional, the other provisions or parts not affected thereby shall
3 
remain valid and effective.
4 
SEC. 17. Repealing Clause. - This Act shall be without prejudice to the existing
5 
special laws prohibiting discrimination on account of the protected attributes such as
6 
State principles and mandates underscored in R.A. No. 7277, as amended, entitled,
7 
"Magna Carta for Disabled Persond', R.A. No. 8371 entitled, " The Indigenous Peoples'
8 
Rights Act of 1997', R.A. No. 9710 entitled, "The Magna Carta of Women", R.A. No.
9 
10911 entitled, the "Anti-Age Discrimination in Employment Act, and P.D. No. 442, as
10 
amended, entitled "Labor Code of the Philippine^'.
11 
All other laws, decrees, orders, and issuances, or portions thereof, which are
12 
inconsistent with the provisions of this Act, are hereby repealed, amended, or modified
13 
accordingly.
14 
SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its
15 
publication in two (2) newspapers of general circulation.
Approved,
22