Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

6098
House Bill No.

Introduced by Representative Ferdinand L. Hernandez

AN ACT
PROHIBITING ANY FORM OF DISCRIMINATION ON THE BASIS OF
ETHNICITY, RACE, RELIGION, SEX, GENDER, ORIENTATION, LANGUAGE,
DISABILITY, EDUCATIONAL ATTAINMENT, ECONOMIC STATUS, AND
OTHER STANDARDS, PROVIDING PENALTIES THEREFOR, AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

The Equal Protection Clause embodied in the 1987 Philippine Constitution is a!
constitutional guarantee of the equality of all persons before the law — in the same way
that the highest law of the land values the dignity of every human being and
guarantees full respect of human rights.

Despite this however, discrimination in the country still widely persists, and it
affects not just the emotional and psychological well-being of the individuals
discriminated upon, but threatens social instability and economic progress in our

country, as well.


To this end, this proposed bill seeks to mandate the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social,

economic, and political inequalities.

It is in this context that Congress must now take a definitive stand and give
teeth to the often intentionally overlooked laws against discrimination. This measure
shall do so by expressly penalizing the act of discrimination, toward the end that

discrimination, not in accord with fairness and justice, will end once and for all.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

House Bill No. 6098

Introduced by Representative Ferdinand L. Hernandez

AN ACT
PROHIBITING ANY FORM OF DISCRIMINATION ON THE BASIS OF
ETHNICITY, RACE, RELIGION, SEX, GENDER, ORIENTATION, LANGUAGE,
DISABILITY, EDUCATIONAL ATTAINMENT, ECONOMIC STATUS, HEALTH,
AND OTHER STANDARDS, PROVIDING PENALTIES THEREFOR, AND FOR
OTHER PURPOSES

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-Discrimination Act

of 2019.”

Sec. 2. Declaration of Policy. — It is the State's policy and mandate to eliminate
and penalize any and all forms of discrimination under both domestic and

international law.

Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall

be defined as follows:


a. Discrimination — refers to any distinction, exclusion, restriction, preference or
otherwise differential treatment directly or indirectly based on ethnicity, race,
religion, belief, sex, gender, gender identity, sexual orientation, disability, or
any other status or standard where such differential treatment withholds,
excludes, restricts, curtails, or demeans human dignity or otherwise impairs
the recognition, enjoyment, and exercise of fundamental human rights and

basic freedoms.

b. Gender expression — refers to a person’s gender identity expressed outwardly
through factors such as but not limited to name, clothing, haircut, behavior,

voice, and body characteristics.

. Gender identity — refers to a personal conception of oneself as male or female as

a result of a combination of inherent and extrinsic or environmental factors.

d. Sexual orientation ~ refers to a person's patterns of emotional, romantic, and

sexual attraction.
e. Subject of discrimination — refers to a person who is discriminated against.
Sec. 4. Discrimination as a crime. - Discrimination is hereby declared as a crime
and is punished in accordance with the provisions of this Act and other relevant penal

laws and rules.

Discrimination is committed when a person or entity distinguishes, excludes,

restricts, prefers or otherwise treats differently another person on the basis of


ethnicity, race, religion, belief, sex, gender, gender identity, sexual orientation,
disability, or any other status or standard.

Sec. 5. Acts which constitute discrimination. The following acts, where not

reasonable under Section 4 of this Act, are punishable:

a. By refusing employment to a job applicant or imposing onerous or additional
terms or conditions which are not imposed on another similarly situated or
circumstanced, on the basis of ethnic origin, religious affiliation or belief, sex,
gender identity, sexual orientation, descent, race or color of the skin; by
denying or limiting access to an employee, opportunities of promotion,
transfer, training, schooling or to any other benefit which are otherwise granted
to other employees similarly situated or circumstanced, on the basis of national
or ethnic origin, religious affiliation or belief, sex, gender identity, sexual

orientation, descent, race or color of the skin;

b. By refusing or failing to accept any person for admission as a student in any
public or private educational and/or vocational institution, or by subjecting
said person to terms and conditions for his acceptance in the said institution
which are not imposed on applicants or students similarly circumstanced as
him, or limiting the access of a student to any benefit or privilege provided by
said educational or vocational institution, by reason of ethnic origin, religious
affiliation or belief, sex, gender identity, sexual orientation, race and color of

the skin;

c. By refusing to provide goods or services and/or imposing onerous terms or
conditions as a requisite for providing goods or services to a person which are

not refused or subjected to such onerous terms or conditions when extended to


others similarly circumstanced, by reason of ethnic ori

in, religious affiliation

or belief, sex, gender identity, sexual orientation, race and color of skin;

d. By refusing or failing to allow any person, by reason of his ethnic origin,
religious affiliation or belief, sex, gender identity, sexual orientation race, or
color of the skin to avail of quarters or accommodation in a house, apartment
condominium, townhouse, flat, hotel, inn, dormitory or any other places of
dwelling being rented out or offered to the public for a fee, rental or other forms

of compensation;

e. By subjecting either by verbal or written word or publication, to ridicule or
insult or attributing despicable behavior and habits or associating with
violence and criminal activities, any person or group of persons by reason of
his ethnic origin, religious affiliation or belief, sex, gender identity, sexual

orientation, race or color of the skin; or

f By doing any other analogous act which demeans the dignity and self-respect
of a person or impairs, mars, reduces or nullifies the recognition, enjoyment or
exercise of his human and legal rights basic freedoms in the political, labor
economic, social, cultural and education spheres on the basis of ethnic origin,
religious affiliation or belief, sex, gender identity, sexual orientation, race and

color of his skin.

Sec. 5. Person Liable. — Any person, natural or juridical, who commits any of the
acts herein prohibited and enumerated in the immediately preceding section shall be
criminally liable therefore, and penalized accordingly, provided that in the case of a

juridical person such as, but not limited to, corporations, associations, partnerships,


educational and vocational institutions, whether public or private, the manager, head

and the officers thereof shall also be criminally accountable and responsible.

Willful refusal of a government officer or official whose duty is to investigate,
prosecute, or otherwise act on a complaint for violation of this Act to perform such
duty without any valid ground shall constitute gross negligence on the part of such

officer or official and shall be subjected to pertinent administrative sanctions.

Sec. 6. Reasonable discrimination. - Discrimination is considered reasonable

where all of the following elements are present:

a. The discrimination rests on substantial distinctions between the subject of the

discrimination and all others differently treated;

b. The discrimination is germane to the purpose for which such discrimination is

committed;

c. The discrimination is not limited to the subject of the discrimination only; and

d. The discrimination applies equally to all members of the class to which the
subject of the discrimination belongs.

Sec. 7. Penalties. - The following penalties for violations of any provisions of
this Act are hereby imposed as follows:

a. For the first (1*) conviction, imprisonment for a period of not less than one (1)
month but not more than six (6) months, at the discretion of the court, and a

fine of One Hundred Thousand Pesos (PHP 100,000.00);


b. For the second (2) conviction, imprisonment for a period of not less than six
(6) months but not more two (2) years, at the discretion of the court, and a fine

of Two Hundred Fifty Thousand Pesos (PHP 250,000.00);

c. For the third (3) and succeeding convictions, imprisonment of not less than
two (2) years but not more than six (6) years, at the discretion of the court, and

a fine of Five Hundred Thousand Pesos (PHP 500,000.00) for every conviction.

Sec. 8. Liability under Other Penal Laws. — A criminal prosecution or conviction

under this Act shall not bar prosecution or conviction under other penal laws.

Sec. 9. Government Mechanism for Anti-Discrimination. - The Department of
Labor and Employment or the Civil Service Commission, as the case may be, are
hereby mandated to establish a grievance mechanism to address discriminatory

practices committed in the workplace.

The Department of Education and the Commission on Higher Education are
hereby mandated to create and implement a policy for the establishment of

mechanisms to address discriminatory practices committed in the education sector.

Sec. 10. Implementing Rules and Regulations. ~ Within sixty (60) days from the
approval of this Act, the Department of Justice, in coordination with the Department
of Labor and Employment, the Civil Service Commission, the Department of
Education, the Commission on Higher Education, the Department of Social Welfare
and Development, and other relevant agencies shall promulgate the Implementing
Rules and Regulations of this Act.


Sec. 11. Information Campaign. ~ Within thirty (30) days from the enactment of
this Act, the government shall conduct an information campaign to apprise the public
of the provisions of this Act.

Sec. 12. Separability Clause. —If any portion or provision of this Act is declared
void or unconstitutional, the remaining portions thereof shall not be affected thereby
and shall remain in full force and effect.

Sec. 14. Effectivity Clause. - This Act shall take effect ten (10) days after its
publication in the Official Gazette or in at least two (2) newspapers of general

circulation.

Approved,