SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
401

House Bill No.

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

‘The Constitution provides for the promotion of a society that values the dignity of every
human person and guarantees full respect for human rights regardless of a person's social status,
personal preference, beliefs and affiliation. Therefore, there is a need for the creation of an effective
and comprehensive legal framework to fight against all forms of discrimination,

This measure seeks to lessen, if not eliminate, cases of discrimination in the Philippine
society as it penalizes acts of discrimination, profiling, violence, and all forms of intolerance in
employment, education, delivery of goods, facilities and s, accommodation, transportation,
media, in search and investigatory activities, and in political, civil, cultural and social life on the basis
of ethnicity, race, religion or belief, sex, gender, sexual orientation, gender identity, language,
disability and other statu

Aside from penalizing acts of discrimination, the bill mandates agencies, corporations,
companies and educational institutions, whether private or public, to create an Equal Opportunity
Committee, which shall have administrative jurisdiction over cases involving discrimination.

Furthermore, the measure seeks to instill in the youth the value of respect to the identity,
affiliation, status and preferences of other people by including in the curriculum of public and
private schools, from primary to tertiary levels, discussions on discriminations based on ethnicity,
race, religion or belief, sex, gender, sexual orientation, gender identity, language, disability, or other
status.

‘Through this proposed measure, we should be able to avoid unnecessary prejudice and other
forms of intolerance and give equal opportunity to each individual to achieve his full potential as a
person and as a Filipino

Representative, Secomd District of Tarlac


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SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No._*

Introduced by Representative Susan A. Yap

AN ACT
PROHIBITING RACIAL, ETHNIC, AND RELIGIOUS DISCRIMINATION

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

SECTION 1. Short Title. — This Act shall be known as “The Anti-Racial, Ethnic and
Religious Discrimination Act of 2013”.

SECTION 2. Declaration of Policy. ~ 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 of the blessings of democracy by all people;

(b) Promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free peoples from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living and an improved
quality of life;

(©) Recognize and promote the rights of indigenous cultural communities within the
framework of national unity and development; and

(d) Give the highest priority to the enactment of measures that protect and enhance the
right of all the people to human dignity; reduce social, economic and political inequalities; and
remove cultural inequities by equitably diffusing wealth and political power for the common
good.

SECTION 3. Definition of Terms, ~ For the purpose of this Act, the following terms shall
mean:

(a) Accommodation shall refer to a house, apartment, condominium, townhouse, flat, hotel,
villa, motel, boarding house, hostel and dormitory.

(b) Discrimination shall refer to any distinction, exclusion, restriction or reference made
on the basis of race, color, descent, national or ethnic origin, religion, or religious affiliation or
beliefs, whether perceived or actual, which has the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise, on an equal footing, of the human rights and
fundamental freedoms in the political, economic, social, cultural, civil, or any other field of
public life of a person.

(©) Education shall refer to all types and levels of education, and includes access to
education, the standard and quality of education, and the conditions under which it is given.

(d) Employment shall refer to the existence of an employer-employee relationship, which
is determined by the four-fold test:

(1) Selection of the employee;

(2) Payment of wages;

(3) Power of dismissal; and

(4) Power of control.

This definition shall apply to regular, probational, contractual, seasonal and project-
based workers. In legitimate contracting or subcontracting arrangements, the
contractor/subcontractor shall be deemed the employer of the contractual employee.


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(€) Ethnic origin shall refer to the race, color, descent, national origin and ethnolinguistics
origin of a person.

(©, Goods and services shall refer to the material and nonmaterial products or things of
value offered for sale to satisfy needs and wants for survival, comfort, or pleasure such as, but
not limited to, that provided by restaurants, resorts, hotels, clubs, stores and shopping malls
or acts or services provided by financial establishments, public utilities, professionals,
maintenance and repair workers, laborers, etc.

(g) Indigenous peoples as provided under Section 3(h), Chapter II of Republic Act No. 8371
or “The Indigenous Peoples Rights Act of 1997”, shall refer to a group of people or
homogenous societies identified by self-ascription and ascription by others, who have
continuously lived as an 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. Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) shall likewise include peoples 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 nonindigenous 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 theit
traditional domains or who may have resettled outside their ancestral domains.

(h) Moro peoples shall refer to indigenous peoples who are of the Islamic faith, and who
have historically inhabited some parts of Mindanao and other parts of the Philippine
Archipelago.

(@) Muslims or moslems shall refer to followers of the Islamic faith, whether from birth or
by conversion.

() Religious belief re
human destiny.

to a strong belief in a supernatural power or powers that control

SECTION 4. Acts of Discrimination. — Discrimination is committed when a person treats
another less favorably on the basis of race, ethnic origin, religion, 'or religious affiliation or beliefs
than the person treats or would treat another without that attribute, or with a different attribute, on
the same or similar circumstances in the political, economic, social, cultural, civil, ot any other field
of public life, to include, but not limited to:

(@) Discrimination in Political Participation. — Any person acting as principal ot agent shall be
liable for discrimination through the commission of any of the following acts:

(1) Preventing, impeding, prohibiting, obstructing or intervening in the exercise of political
rights by another including, but not limited to, the right to vote in a national or local election, both
regular ot special, or in a plebiscite, both initiative or referendum;

Q Imposing onerous terms before these political rights are granted, preserved or protecte

or

(8) Subjecting another person who wishes to exercise a political right to any other detriment,
on the basis of race, ethnic origin, religion or religious affiliation or beliefs of the person or of any
relative, representative or assignee of the person.

(b) Discrimination in Employment. — (1) Any employer or head of a fitm, company or
organization shall be liable for discrimination by:

(Refusing or failing to employ another for work of any type or kind which is available and
for which the person is qualified, or by imposing on the person onerous terms and conditions on
the basis of race, ethnic origin, religion or religious afiiliation or beliefs;

(i) Denying or limiting access of an employee to the same terms and conditions of work,
opportunities for training, transfer or promotion, or to other benefits connected with the
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 by imposing on the person onerous
terms and conditions on the basis of race, ethnic origin, religion of religious affiliation or beliefs; or



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Gii) Dismissing an employee, or subjecting an applicant for employment or an employee to any
other detriment, on the basis of race, ethnic origin, religion or religious affiliation or beliefs.

(2) Any person acting as principal or agent in procuring employment for other persons or
procuring employees for an employer shall be liable for discrimination by treating an applicant
seeking employment less favorably than another person in the same circumstances on the basis of
race, ethnic origin, religion or religious affiliation or beliefs of the person or of any relative,
representative or assignee of the person seeking employment.

(3) Any person acting as principal or agent of an organization of employers or employees, or
any person acting or purporting to act on behalf of such organization, shall be liable for
discrimination by preventing or secking to prevent another person from offering employment or
from continuing another person in employment on the basis of race, ethnic origin, religion or
religious affiliation or beliefs of the person or of any relative, representative or assignee of the
person.

(©) Discrimination in Education. ~ Any person who heads or owns an educational institution,
including any officer, employee or person acting on behalf of the head or owner of such institution
shall be liable for discrimination by:

(1) Refusing or failing to accept an applicant for admission as a student;

2) Denying or limiting access of a student to any benefit or privilege provided by the
institution;

(3) Expelling a student; or

(4) Subjecting the student to any other detriment, on the basis of race, ethnic origin, religion
or religious affiliation or beliefs of the student or of any relative, representative or assignee of the
student.

(@) Discrimination in the Delivery of Goods and Services. — Any person acting as principal or
agent who supplies goods or services to the public or to any section of the public shall be liable for
discrimination by

(1) Refusing o failing on demand to supply those goods or services to a person;

(2) Refusing or failing on demand to supply those goods or services to another person except
on less favorable terms or conditions than those upon whom they would otherwise supply those
goods or services; or

@) Subjecting another person to any other detriment in connection with the provision of
goods ot services, on the basis of race, ethnic origin, religion or religious affiliation or beliefs of the
person or of any relative, representative or assignee of the person.

(©) Discrimination in Accommodation. — (1) Any person acting as principal or agent providing
accommodation shall be liable for discrimination by

(1) Refusing or failing to accept or process the application for any interest in land, or
residential or business accommodation;

(2)_ Disposing of such an interest or such accommodation to another person on less favorable
terms and conditions than those which are or would otherwise be offered;

3) Treating another person who is secking to acquire or has acquired an estate of interest or
such accommodation less favorably than to others in the same circumstances;

(4) Refusing to permit another person to occupy any land or any residential or business
accommodation;

(5) Terminating any estate or interest in land of another person or the right of another
person to occupy any land or any residential or business accommodation; or

(©, Subjecting an applicant to any other detriment, on the basis of race, ethnic origin, rel
or religious affiliation or beliefs of the person or of any relative, representative or assignee of the

erson.

, 2) Any person acting as principal or agent shall also be liable for discrimination by imposing
or seeking to impose on another person any term or condition that limits the persons or class of
persons who may be the clients, visitors or guests of any land or residential or business

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accommodation, on the basis of race, ethnic origin, religion or religious affiliation or beliefs of the
person.

(® Discrimination in Accessing Public Places, Facilities and Public Meetings. ~ Any person
acting as principal or agent shall be liable for discrimination by:

(1) Refusing to allow another person access to or use of any such place, vehicle or facilities
that the public or a section thereof is entitled or allowed to enter of use;

2) Refusing to allow another person access to or use of any such place, vehicle or facilities by
providing onerous terms and conditions not similar to others whom they would otherwise allow
access to or use of the place, vehicle or facilities;

(8) Refusing to allow another person access to a meeting or assembly open to the public or to
4 section thereof, or the refusal to allow another access to a meeting or assembly by providing
onerous terms and conditions not similar to others to which they would otherwise allow access to a
meeting or assembly;

(4) Requiring another person to leave or cease to use any such place, vehicle or any such
facilities; or

(6) Subjecting a person wishing to access public places, facilities or public meetings to any
other detriment, on the basis of race, ethnic origin, religion or religious affiliation or beliefs of the
person of of any relative, representative or assignee of the person.

(g) Discrimination in Advertisements/Mass Media. — Any person acting as principal or agent
shall be liable for discrimination by

(1) Portraying certain persons in movies, films and advertisements on television and other
audio-visual forms and other publicly accessible documents as “uncivilized”, “barbaric”, “savages”,
“dirty”, “wild”, “ignorant”, “silly”, and the like, on the basis of race, ethnic origin, religion or
religious affiliation or beliefs; or

Q Publishing, displaying, or causing or permitting to be published or displayed an
advertisement or notice that indicates or could reasonably be understood as indicating an intention
to do an act that is unlawful by reason of a provision of this Act.

(b) Discrimination by Wrongful Portrayal. — Any person acting as principal or agent shall be
liable for discrimination by portraying, intimating, depicting or describing in learning institutions,
instructional materials, teaching devices, books and reference materials, especially in Civics and
History, certain individuals and/or group/s as racially inferior.

@ Inciting Others to Commit Acts of Discrimination. — Any person acting as principal or
agent shall be liable for discrimination by inciting others to commit discrimination or any action that
is unlawful by reason of a provision of this Act, or by assisting or promoting, whether through
financial assistance or otherwise, the doing of such act.

() Discrimination Through Speeches, Utterances, Acts of Hatred and Similar Acts, ~ Any
person shall be liable for discrimination by delivering speeches or making utterances, doing acts of
hatred or violence against another person, or mocking or ridiculing another person on the basis of
race, ethnic background, and/or religion, religious affiliation or religious beliefs.

(k) Discrimination Through Analogous Acts That Result in Impairment of the Enjoyment of
Human Rights and Fundamental Freedoms. — Any person acting as principal or agent shall be liable
for discrimination by analogous acts which have 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 race, ethnic origin, religion ot
religious affiliation or beliefs.

SECTION 5. Persons Liable. — Any person, natural or juridical, including government
or private corporation, institution or company who commits discrimination through any of the
acts described in the preceding section shall be liable under this Act.

‘Any person who requests, instructs, induces, encourages, authorizes or assists another to
commit acts of discrimination shall also be liable under this Act. Any person who is duty-

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bound to act on complaints of discrimination under this Act but fails or refuses to do so shall
be deemed to have sanctioned the discriminatory act, and shall consequently be held equally
liable for discrimination.

All government officers and workers are obliged to promote nondiscrimination in the
discharge of their duties and responsibilities.

SECTION 6. Duty of the Commission on Human Rights (CHR). ~ \t shall be the duty
of the Commission on Human Rights (CHR), in coordination with the National Commission on
Indigenous Peoples and the National Commission on Muslim Filipinos, to prevent or deter the
commission of acts of discrimination and to provide the procedures for the resolution, settlement or
prosecution of acts of discrimination, Towards this end, the CHR shall:

(@) Promulgate appropriate rules and regulations for the investigation of discrimination
and the administrative sanctions therefor;

(b) Ensure the creation of committees on nondiscrimination and equal opportunity in all
agencies, corporations, companies and educational institutions, whether private ot public;

(©) Oversee the implementation of this Act by agencies, corporations, companies and
educational institutions, whether private or public;

(@ Establish guidelines and mechanisms that will facilitate access of discriminated persons to
legal remedies under this Act and related laws, and enhance the protection and promotion of the
tights of the Filipino people against discrimination on the basis of racial or ethnic origin and
religious belief or affiliation

(©) Coordinate with the Department of Education (DepED) for the promotion of
understanding and racial harmony in schools, and the review of books and reference materials that
portray indigenous peoples or certain religious practices in a discriminatory way;

(© Conduct consultations with indigenous peoples and religious organizations; and

(g) Assist in the filing of cases against individuals, agencies, institutions or establishments,
whether private or public, that violate the provisions of this Act. For this purpose, the CHR shall:

(1) Provide legal assistance to victims of discrimination such as through the preparation of
necessary pleadings, referral letters and counseling;

(2) Forge Memoranda of Agreement with Bar Associations, nongovernmental organizations,
law firms, and organizations that provide legal aid to victims of discrimination to ensure adequate
and competent legal representation for the complainants;

3) Acctedit lawyers who will accept pr bono cases under this Act; and

(4) Create an efficient system of case referrals to appropriate government departments or
agencies.

SECTION 7. Responsibility to Promote a Nondiscrimination and Equal
Opportunity Environment. — It shall be the duty of every person, natural or juridical,
public or private, to ensure nondiscrimination and 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
defined under Section 4 of this Act.

For this purpose, agencies, corporations, companies and educational institutions as well
as any person providing employment, housing, education and the delivery of basic goods and
services shall issue a nondiscrimination and equal opportunity policy, and create a
Nondiscrimination and Equal Opportunity Committee in their respective organizations, as
provided for in Section 8 hereof. Failure to do so shall be deemed as refusal to address
discrimination and shall be considered as an act of discrimination subject to the penalty
provided for in Section 9 hereof.

SECTION 8. Nondiscrimination and Equal Opportunity Committee. — \n order to
ensure compliance with this Act, all agencies, corporations, companies and educational
institutions, whether private or public, shall create a Nondiscrimination and Equal
Opportunity Committee, which shall exercise administrative jurisdiction to investigate acts and
practices of discrimination under this Act.

The Committee shall, among others, conduct the initial investigation of cases
constituting discrimination on the basis of race, ethnic background, religion, religious

5)


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affiliation or religious beliefs. The results and findings of such investigation shall be
submitted to and acted upon by the CHR which shall have the sole jurisdiction over
administrative cases of discrimination.

Any administrative sanction on the perpetrator of discrimination shall not be a bar to
any prosecution in the proper courts on any act of discrimination committed on the basis of
race, ethnic background, religion, religious affiliation or religious beliefs, or to any civil claim
for damages suffered by the victim of discrimination.

SECTION 9. Common Penal Provisions. ~ Any person liable under this Act shall
be penalized by arresto mayor or imprisonment for a period of not less than thirty (30) days or
more than six (6) months and/or a fine of not less than Ten thousand pesos (Php10,000.00)
nor more than One hundred thousand pesos (Php100,000.00), taking into consideration the
circumstances and gravity of the offense and the following conditions, to wit:

(a) The penalty provided under this Act shall be imposed in its maximum period if the
offender has been previously convicted under this Act;

() 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;

(©) The penalty provided herein shall be imposed in its maximum period when the perpetrator
is an ascendant, parent, guardian, stepparent or collateral relative within the second degree of
consanguinity ot affinity of the victim, or is the manager or owner of an establishment which has no
license to operate or whose license has expired ot has been previously revoked;

(@ An offender who is a foreigner shall be deported immediately after service of sentence and
shall be forever barred entry into the country;

(©) The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public official, officer or employee: Provided, That the penalty of suspension shall also
be imposed; and

® A fine to be determined by the court shall be imposed, which shall be remitted by the
courts to the CHR to be administered as a cash fund and disbursed for the assistance of the victims.

SECTION 10. Administrative Proceedings and Sanctions. ~ Upon finding by the
CHR that a department, agency or instrumentality of government, government-owned and -
controlled corporation, or local government unit has violated any provision of this Act and its
implementing rules and regulations, the sanctions under administrative law, civil service, or
other appropriate laws shall be recommended to the Civil Service Commission (CSC) and/or
the Department of the Interior and Local Government (DILG). The person directly
responsible for the violation as well as the head of the agency of local chief executive shall be
held liable under this Act

SECTION 11. Reparation to Victims. ~ In addition to existing laws and procedural
tules for reparation to victims, the following measures shall be undertaken:

(a) The: court, administrative agency, or quasi-judicial body shall follow the principles
relating to the reparations to, or in respect of, victims, including restitution, compensation and
rehabilitation. In their decisions, the court, administrative agency, or quasi-judicial body may,
either upon request or on their own volition, in exceptional circumstances, determine the
scope and extent of any damage, loss or injury to the victims, stating therein the principles on
which they are acting:

(b) The court, administrative agency, or quasi-judicial body may make an order directly
against a convicted person, specifying appropriate reparation to, ot in respect of, victims,
including restitution, compensation and rehabilitation; and

(©) Before making an order under this section, the court, administrative agency, or quasi-
judicial body shall invite and shall take into account representations from, or on behalf of, the
convicted person, victims or other interested persons.

Nothing in this section shall be interpreted as prejudicing the rights of victims under
national or international law.



SECTION 12. Separability Clause. — \f any portion ot provision of this Act is
declared void or unconstitutional, the remaining portions or provisions hereof shall not be
affected by such declaration.

SECTION 13. Repealing Clause. — Any provision of law or regulations inconsistent
herewith is hereby repealed, revoked or modified accordingly.

SECTION 14. Effectivity. —Vhis Act shall take effect after fifteen (15) days following
its publication in the Oficial Gazefle ot in two (2) national newspapers of general circulation in
the Philippines.

Approved,