FOURTEENTH CONGRESS OF THE REPUBLIC 
} 
OF THE PHILIPPINES 
} 
Third Regular Session 
} 
Submitted jointly by the Committees on Cultural Communities and Social Justice, Welfare and Rural 
Development on 
rJJiJl 2 7 2010 
, 
' 
Re 
: Senate Bill No, _--::;3:....;5=-::..'7-",1,-' 
Recommending its approval in substitution of Senate Bill Nos: 2001 and 2888, taking into consideration 
House Bill No, 3012, 
Sponsors 
: Senators Madrigal, Cayetano P, Trillanes IV and Villar. 
MR. PRESIDENT: 
The Committees on Cultural Communities and Social Justice, Welfare and Rural Development 
to which were referred Senate Bill No, 2001, introduced by Senator Trillanes IV, entitled: 
"AN ACT 
PROHIBITING DISCRIMINATION AGAINST PERSONS ON ACCOUNT OF ETHNIC ORIGIN 
ANDIOR RELIGIOUS BELIEF"; 
Senate Bill No, 2888, introduced by Senator Villar, entitled: 
"AN ACT 
PROHIBITING DISCRIMINATION AGAINST PERSONS ON ACCOUNT OF ETHNIC ORIGIN 
ANDIOR RELIGIOUS BELIEF"; 
and taking into consideration House Bill No, 3012, introduced by Representatives Hataman, 
Chungalao, Agyao, liagan, Casiiio, Padilla, Lazatin, Lapus and Mariano: 
"AN ACT 
PROHIBITING DISCRIMINATION AGAINST PERSONS ON ACCOUNT OF ETHNIC ORIGIN 
ANDIOR RELIGIOUS BELIEF"; 
1 


have considered the same and have the honor to report it ba9k to the Senate with the recommendation that the 
attached bill, Senate Bill No. 
3571, , prepared by the Committees, entitled: 
"AN ACT 
PROHIBITING DISCRIMINATION AGAINST PERSONS ON ACCOUNT OF ETHNIC ORIGIN 
ANDIOR RELIGIOUS BELIEF"; 
be approved in substitution of Senate Bill Nos. 2001 and 2888, with Senators Trillanes IV, Villar, 
Madrigal and Cayetano (P) as authors thereof. 
Respectfully submitted: 
~~ 1. 
"COMPANE A" PIAs. CAYETANO 
Committee on Sial Justice, Welfare and Rural Development 
Member, Comm ee on Cultural Communities 
Members: 
C_""O~lRIlm· tei.ee on Social Justice, Welfare and Rural Development 
Majority Leader 
ORIO B. HONASAN II 
Com ittee on Cultural Communities 
Co mittee on Social Justice, Welfare 
an Rural Development 
velopment 
ALAN PETER "COMPANERO" S. CAYETANO 
Committee on Social Justice, Welfare and Rural Development 
2 
M.A. MAD 
I ee on Cultural Communities 
LOREN B. LEGARDA 
Committee on Cultural Communities 
'~"o') 
--~-.~~ 
ANUEL "LITO" M. LAPID . 
Committee on Cultural Communitie{if' 
Committee on Social Justice, Welfa}e 
and Rural Development 
----_ 
... 
NGILINAN 


JINGGOY EJERCITO ESTRADA 
Majority Leader 
JUAN PONCE ENRILE 
President 
Senate of the Philippines 
Pasay City 
Ex-Officio Members: 
3 
7
Q 
I 0 Q. PIMENTEL, JR. 
Minority Leader 
, 


CONGRESS OF THE PHILIPPINES 
FOURTEENTH CONGRESS 
Third Regular Session 
} 
SB No., __ 
-,,3,,--,S,,-'·;:...:' 1=-'_ 
10 
JAN 27 P5 :41 
Prepared by the Committees on Cultural Communities; and Social Justice, Welfare, 
and Rural Development with Senators Trillanes IV, Villar, Madrigal and Cayetano (P), as 
authors 
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 b~ known as "The Anti-Racial and 
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Religious Discrimination Act of 2008". 
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SEC. 2. Declaration of Policy. - It is the policy of the State to: 
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(a) Maintain peace and order, protect life, liberty and property, and promote the 
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general welfare for the enjoyment by all people the blessings of democracy; 
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(b) Promote a just and dyuamic social order that will ensure the prosperity and 
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independence of the nation and free the people from poverty through policies that provide 
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adequate social services, promote full employment, a rising standard of living and an 
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improved quality oflife for all; 
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(c) Recognize and promote the rights of indigenous cultural communities within the 
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framework of national unity and development; and 
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(d) Give the highest priority to the enactment of measures that protect and enhance the 
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right of all the people to human dignity; reduce social, economic and political inequalities; 
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and remove cultural inequities by equitably diffusing wealth and political power for the 
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common good. 
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SEC. 3. Meaning of Discrimination. - The term "discrimination" as used in this Act 
17 
shall mean any distinction, exclusion or restriction made on the basis of ethnic origin or 
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religious affiliation or beliefs, which has the effect or purpose of impairing or nullifying the 
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recognition, enjoyment or exercise by them of their human rights and fundamental freedoms 


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in the political, economic, social, cultural, civil or any other field, especially including, but 
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not limited to, employment, livelihood, housing, education and basic services. 
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SEC. 4. Definition of Terms. - (1) "Ethnic origin" includes race, national origin and 
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ethno-linguistics origin. 
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(2) "Indigenous peoples" shall, as provided under Section 3(h), Chapter II of Republic 
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Act No. 8371 or the "Indigenous People's Rights Act (IPRA) of 1997", refers to a group of 
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people who are regarded as indigenous on account of their descent from the popUlations 
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which inhabited the country, at the time of conquest or colonization, or at the time of imoads 
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ofnon-indigenous religions and cultures, 0 r the e stablishrnent 0 fp resent state boundaries, 
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who retain some or all of their own social, economic, cultural and political institutions but 
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who may have been displaced from their traditional domains or who may have resettled 
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outside their ancestral domains. 
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(3) "Moro people" refers to the indigenous people who have historically inhabited 
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Mindanao, Palawan and Sulu, and who are largely of the Islamic faith. 
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(4) "Muslims" refers to those who are followers of the Islamic faith, whether from 
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birth or by conversion. 
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(5) "Religious belief' means holding 0 r not h qlding a religious belief 0 r v iew and 
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engaging in, not engaging in or refusing to engage in a religious activity. 
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(6) "Accommodation", as mentioned herein, includes a house, apartment, 
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condominium, townhouse, flat, hotel, motel, boarding house, hostel and dormitory. 
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SEC. 5. Acts of Discrimination - Discrimination is committed when a person treats 
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another less favorably on the basis of ethnic origin and/or religious affiliation or belief than 
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the person treats or would treat another without that attribute, or with a different attribute, on 
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the same or similar circumstances in employment, education, housing and delivery of basic 
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services, to wit: 
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(a) Discrimination in Employment. - An employer or his agents must not discriminate 
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against an applicant for a job by refusing employment to the person or by imposing on that 
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person onerous terms and conditions on the basis of his ethnic background and/or religious 
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affiliation or beliefs. Likewise, an employer or his agents shall be liable for discrimination by 
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denying or limiting access of the employee to opportunities for promotion, transfer or 
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training, or to any other benefits connected with the employment or by dismissing the 


3 
• 
employee, or by subjecting the employee to any other detriment on the basis of ethnic 
2 
background andlor religious affiliation or beliefs; 
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(b) Discrimination in Education - A public or private educational institution, their 
4 
officers or employees, or any person acting on their behalf shall be liable for discrimination 
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by refusing, or failing to accept, another for application for admission as a student or by 
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denying or limiting access of a student to any benefit or privilege provided by the said 
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institution, or by expelling the student, or by sUbjecting the student to any other detriment on 
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the basis of ethnic background and/or religious affiliation or beliefs; 
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(c) Discrimination in the Delivery of Goods and Services - Any person who, by 
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reason of ethnic background and/or religious affiliation or belief, shall be liable for 
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discrimination ifhe refuses to provide goods or services'to another; or imposes onerous terms 
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on which goods or services are provided; or subjects another to any other detriment in 
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connection with the provision of goods or services (0 him; 
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(d) Discrimination in Accommodation -A person or his agents shall be liable for 
15 
discrimination by refusing, or failing to accept or process the application for accommodation 
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of another by providing onerous terms and conditions not similar to other applicants, or by 
1 7 
subjecting another to any other detriment in connection with the provision of accommodation 
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to that person on the basis of ethnic background and/or religious beliefs; and 
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(e) Any other analogous act which has the effect or purpose of impairing or nullifying 
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the recognition, enjoyment or exercise of the person's human rights and fundamental 
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freedoms in the political, economic, social, cultural and civil spheres on the basis of ethnic 
22 
background and/or religious beliefs. 
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SEC. 6. Persons Liable. - Any person, natural or juridical, including any government 
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or private corporation, institution or company, who commits discrimination against any 
25 
person on account of ethnic origin and/or religions affiliations or beliefs, as provided for 
26 
above, shall be liable under this Act. 
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Any person who requests, instructs, induces, encourages, authorizes or assists another 
28 
to commit acts of discrimination shall also be liable under this Act. Likewise, a person who is 
29 
du~y-bound to act on complaints of discrimination under this Act but fails, or refuses to do so, 
30 
shall be deemed to have sanctioned the discriminatory act, and shall consequently be held 
31 
equally liable for discrimination. 


4 
SEC. 7. Equal Opportunity. - It shall be the duty of every person, natural or juridical, 
2 
public or private, to ensure that there is equal opportunity for all persons in relating to actual 
3 
or prospective employees, students, tenants, customers or clients, and that no discriminatory 
4 
acts, as defined herein, is committed b y them 0 r their. agents in the areas 0 f employment, 
5 
housing, education and delivery of basic goods and services. 
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For this purpose, every agency, corporation, company and educational institution, as 
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well as any 0 ther person providing employment, housing, education and delivery 0 fb asic 
8 
goods and services, shall issue an equal opportunity policy, including the creation of an Equal 
9 
Opportunity Committee, as provided for in Section 8 hereof. Failure to do so shall be deemed 
10 
refusal to address discrimination, and shall be penalized as an act of discrimination. 
11 
SEC. 8. Equal Opportunity Committees. - In order to ensure the compliance of this 
12 
Act, agencies, corporations, companies and educational institutions, whether private or 
13 
public, shall create an Equal Opportunity Committee which shall have administrative 
14 
jurisdiction over cases involving discrimination under this Act. 
15 
The committee shall be tasked, among others, to conduct the investigation of alleged 
16 
cases constituting discrimination on the basis of etlmic origin and/or religious affiliation or 
17 
beliefs. 
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Administrative sanctions shall not be a bar to any prosecution in the proper courts or 
19 
any act of discrimination committed on the basis of ethnic origin and/or religious affiliation 
20 
or beliefs, or to any civil claims for damages caused by said act. 
21 
SEC. 9. Penal Clause. - Any person liable under this Act shall be penalized by 
22 
imprisonment for a period of not less than thirty (30) days nor more than six (6) months 
23 
and/or a fine of not less than Ten thousand pesos (PhpIO,OOO.OO) nor more than One hundred 
24 
thousand pesos (PhpIOO,OOO.OO), taking into consideration the circumstances and gravity of 
25 
the offense. 
26 
SEC. 10. Duty of the Commission on Human Rights (CHR). - It shall be the duty of 
27 
the Commission on Human Rights (CHR), in coordination with the Office on Muslim Affairs 
28 
(OMA) and the National Commission on Indigenous Peoples (NCll') to prevent or deter the 
29 
commission of acts of discrimination and to provide the procedures for the resolution, 
30 
settlement or prosecution of acts of discrimination. Tow<)Ids this end, the CHR shall: 


• 
5 
(a) Promulgate appropriate rules and regulations prescribing the procedure for the 
2 
investigation of discrimination cases against their people and the administrative sanctions 
3 
therefore; 
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(b) Ensure the creation of committees on equal opportunity in different agencies, 
5 
corporations, companies and educational institutions, whether private or public; and 
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(c) Require and supervise the agencies, corporations, companies and educational 
7 
institutions, whether private or public, in the implementation of this Act. 
S 
SEC. 11. Separability Clause - If any portion or provision of this Act is declared void 
9 
or unconstitutional, the remaining portions or provisions hereof shall not be affected by such 
1 0 
declaration. 
11 
SEC. 12. Repealing Clause. - Any provision of law or regulations inconsistent 
12 
herewith is hereby repealed, revoked or modified accordingly. 
13 
SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days after its pUblication 
14 
in two (2) newspapers of general circulation. 
I 5 
Approved,