NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S. B. NO. 747
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(©fficp of tlic
*22 JUL18 P5:28
RECEIVED BY;
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, SEX, 
CIVIL STATUS, COLOR, ECONOMIC STATUS, ETHNICITY, 
MEDICAL CONDITION, PHYSICAL DISABILITY, POLITICAL 
OPINION OR AFFILIATION, RACE, OR RELIGIOUS BELIEF, 
PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES
EXPL ANATORY NOTE
Discrimination against all persons, in any and all of its forms, is abhorrent and 
must be considered as contrary to the principles and existence of a just and humane 
society. The Office of the High Commissioner of the United Nations Human Rights has 
categorically stated that “non-discrimination and equality before the law constitute 
fundamental principles of international human rights 'aw and are essential elements 
of human dignity.”1
Thus, it is the duty of the State to institute measures that would protect people 
against discrimination, and to ensure that all persons have equal protection under the 
laws.
1 Office of the High Commissioner of the United Nations Human Rights. Retrieved from: 
https;//www.ohchr.org/sites/default/files/Documents/lssues/Migration/GlobaICompactMigration/Access 
ServicesProtectionEconomicSocialCulturalRights.pdf (date last accessed; July 13, 2022).


Cognizant of this, this bill seeks to prohibit discrimination on the basis of age, 
sex, civil status, color, economic status, ethnicity, medical condition, physical 
disability, political opinion or affiliation, race or religious belief. Among others, it 
prohibits any person from promoting and encouraging stigma in the media, in 
educational textbooks, and other medium, and include any of the grounds referred to 
in the Act, in the criteria for hiring, promotion transfer, designation, work assignment, 
re-assignment, dismissal of workers, and other human resource movement and 
action, performance review and in the determination of employee compensation, 
career development opportunities, training and other learning and skills development 
interventions, incentives, privileges, benefits or allowances, and other terms and 
conditions of employment.
However, the bill exempts certain acts from being considered discriminatory, 
when the act conforms to or promotes the beliefs or doctrines of a person’s religion or 
when the acts or practices are necessary to avoid injury or conflict with the values of 
religious adherents, and when any of the circumstances enumerated under the Act 
are bona fide qualifications reasonably necessary to the normal operation of the 
particular business or reasonable grounds governing management prerogatives, 
among others.
This bill also clarifies that in all cases, the State shall avoid overriding the right 
to religious freedom unless there is a compelling state interest, and shall adopt means 
which are least restrictive to freedom of religion as enshrined under Article III, Section 
5 of the Constitution, in the pursuit of the protection against discrimination. The bill 
further states that in the enforcement of the provisions of the Act, the fundamental right 
of parents in the upbringing of their children in accordance with their religious 
convictions shall be given due and utmost respect.
This bill also mandates the provision of social protection, and the establishment 
of a system of affirmative actions towards protecting the rights of indigenous peoples, 
other cultural minority and other groups that are most vulnerable to discrimination.
In short, this bill intends to introduce and institutionalize a Comprehensive Anti- 
Discrimination policy: one that is substantially inclusive and provides comprehensive 
protection for all Filipinos consistent with the principles enshrined in our Constitution 
and our values as a Filipino people.
Thus, the passage of this measure is immediately sought.
SENATOR JOEL VILLAMulvA


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NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
cf flje i&rcretiir^
‘22 JUL18 P5:28
SENATE
S. B. NO. 747
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, SEX, 
CIVIL STATUS, COLOR, ECONOMIC STATUS, ETHNICITY, 
MEDICAL CONDITION, PHYSICAL DISABILITY, POLITICAL OPINION 
OR AFFILIATION, RACE, OR RELIGIOUS BELIEF, PROVIDING 
PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the “Comprehensive 
Anti-Discrimination Act"
SEC. 2. Declaration of Policy. - The State recognizes the fundamental right 
of every person, regardless of age, sex, civil status, color, economic status, ethnicity, 
medical condition, physical disabilitv, political opinion or affiliation, race or religious 
belief to be free from any form of discrimination. It shall therefore intensify its efforts to 
fulfill its duties under international and domestic laws to respect, protect and fulfill the 
rights and dignity of every individual.
Towards this end, the State shall exert efforts to address all forms of 
discrimination and promote human dignity as enshrined in the United Nations 
Universal Declaration on Human Rights, the Convention on the Elimination of All 
Forms of Discrimination Against Women, Convention on the Rights of the Child, 
International Covenant on Civil and Political Rights, International Covenant on 
Economic, Social and Cultural Rights and all other relevant and universally accepted 
human rights instruments and conventions to which the Philippines is a signatory.
In all cases, the State shall avoid overriding the right to religious freedom unless 
there is a compelling state interest and shall adopt means which are least restrictive 
to freedom of religion as enshrined under Article III, Section 5 of the Constitution, in 
the pursuit of the protection against discrimination. Moreover, in the enforcement of


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this Act, the fundamental right of parents in the upbringing of their children in 
accordance with their religious convictions shall be given due and utmost respect.
SEC. 3. Definition of Terms. - As used in this Act, the following terms shall be 
defined as follows:
(a) 
Discrimination refers to any distinction, exclusion, restriction, preference 
or other preferential treatment based, whether actual or perceived, on age, 
sex, civil status, color, economic status, ethnicity, medical condition, 
physical disability, political opinion or affiliation, race or religion, and has 
the purpose or effect of nullifying or impairing the recognition, access to, 
enjoyment, or exercise by ail persons on equal footing of all rights and 
freedoms granted by the Constitution and other laws. Discrimination also 
includes incitement to discriminate and harassment;
(b) 
Profiling refers to the act of subjecting a person or group of persons to 
investigatory activities, which include unnecessary, unjustified, illegal and 
degrading searches, or other investigatory activities, in determining 
whether an individual is engaged in an activity presumed to be unlawful, 
immoral or socially unacceptable;
(c) 
Religious belief refers to the profession of a particular belief system 
based on religious grounds that may publicly or privately be manifested in 
worship, observance, practice, and teaching;
(d) 
Sex refers to the biological, structural, and functional characteristics of an 
individual; and
(e) 
Stigma refers to the dynamic devaluation and dehumanization of an 
individual in the eyes of others which may be based on attributes that are 
arbitrarily defined by others as discreditable or unworthy and which result 
in discrimination, as defined under this Act, when acted upon.
SEC. 4. Discriminatory Practices.
or juridical, to:
It shall be unlawful for any person, natural
(a) 
Promote and encourage stigma on the basis of the grounds referred to in 
this Act, in the media, in educational textbooks, and other medium;
(b) 
Incite violence or abuse against any person or group on the basis of the 
grounds referred to in this Act is likewise prohibited;
(c) 
Include any of the grounds referred to in this Act, In the criteria for hiring, 
promotion, transfer, designation, work assignment, re-assignment, 
dismissal of workers, and other human resource movement and action, 
performance review and in the determination of employee compensation, 
career development opportunities, training and other learning and skills 
development interventions, incentives, privileges, benefits or allowances, 
and other terms and conditions of employment, and in determining 
whether or not to contract or engage the services of associations or


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organizations: Provided, that this provision shall apply to employment in 
both the private sector and public service, including military, police and 
other similar services; Provided, further, that in all cases, employers may 
reserve the right to adopt and enforce workplace rules and policies 
consistent with, among others, their business needs, religious values or 
expression;
(d) 
Refuse admission or expel a person from any educational or training 
institution on the basis of the grounds referred to in this Act: Provided, 
however, that the right of educational and training institutions to determine 
the academic and other qualifications of their students or trainees shall be 
duly upheld; Provided, further. That educational and training institutions 
may reserve the right to refuse admission or expel a person if he/she acts 
contrary to the religious values of the institution, if any;
(e) 
Impose disciplinary sanctions, penalties harsher than customary or similar 
punishments, requirements, restrictions, or prohibitions that infringe on the 
rights of students on the basis of the grounds referred to in this Act, 
including discriminating against a student or trainee due to any of the 
aforesaid status of the student’s parents or legal guardian;
(f) 
Refuse or revoke the accreditation, formal recognition, registration or plan 
to organize of any organization, group, political party, institution or 
establishment, in educational institutions, workplaces, communities, and 
other settings, solely on the basis of the grounds referred to in this Act of 
their members or of their target constituencies, unless the said act is 
contrary to the values, including religious values, of the educational 
institution, workplaces, communities, and other settings;
(g) 
Deny a person access to public or private medical and other health 
services open to the general public, as well as access to public and private 
health insurance including Health Maintenance Organization (HMO)- 
provided medical plans, on the basis of the grounds referred to in this Act;
(h) 
Deny an application for, or revoke, on the basis of the grounds referred to 
in this Act, any government license, authority, clearance, permit, 
certification, or other similar documents necessary to exercise a 
profession, business, or any other legitimate calling; Provided, that in no 
case shall a marriage license be issued to contracting parties who do not 
satisfy the essential requisites of marriage, as provided under Chapter 1, 
Article 2 of the Family Code of the Philippines;
(i) 
Deny a person, access to, or the use, of establishments, facilities, utilities 
or services, including housing, open to the general public on the basis of 
the grounds referred to in this Act: Provided, that this prohibition covers 
acts of discrimination against juridical persons solely on the basis of the 
status or condition of their members or of their target constituencies; 
Provided, finally. That the owners and/or management of the 
establishment may reserve the right to refuse service any individual If the 
said act is contrary to his/her values, including religious values;


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(j) 
Subject or force any person to undertake any medical or psychological 
examination to determine or alter any of the circumstances referred to in 
this Act, without the express consent of the person involved, or in case of 
a minor, his/her parents or judicially-appointed guardians; and
(k) 
Subject any person, natural or juridical, to profiling, detention, or verbal or 
physical harassment on the basis of the grounds referred to in this Act. 
For the avoidance of doubt, members of law enforcement agencies, 
including the military, police and immigration officials, shall be prohibited 
from profiling, detaining, or verbally or physically harassing any person, 
including persons in custody or in detention, on the basis of the grounds 
referred to in this Act.
SEC, 5. Exceptions. - Notwithstanding Section 4 of this Act, the following acts 
shall not be deemed unlawful and discriminatory, within the meaning of this Act:
(a) 
When the act conforms to or promotes the beliefs or doctrines of a 
person’s religion or when the acts or practices are necessary to avoid 
injury or conflict with the values of religious adherents;
(b) 
When any of the circumstances enumerated under this Act are bona fide 
qualifications, occupational or otherwise, reasonably necessary to the 
normal operation of the particular business or reasonable grounds 
governing management prerogative;
(c) 
When any of the circumstances with respect to a particular line of work is 
based on an inherent requirement which is necessary in achieving a 
legitimate work-related function; or
(d) 
When the act or omission is done in good faith for the purpose of 
promoting or advancing the interests of a person or group who need or 
may reasonably be presumed to need assistance or advancement in order 
to achieve equality with other members of society.
SEC. 6. Administrative Sanctions. - Any responsible government official, In 
the exercise of his functions, who willfully refuses, without any valid ground, to 
investigate, prosecute, or otherwise act on a complaint for a violation of this Act shall 
be guilty of gross negligence and bhall be subjected to appropriate administrative 
proceedings.
SEC, 7. Penalties. - Any person who commits any of the discriminatory 
practices enumerated under this Act shall, upon conviction, be penalized by a fine 
ranging from Fifty Thousand Pesos (Php50,000.00) to Five Hundred Thousand Pesos 
(Php500,000.00), or to imprisonment of not less than three (3) months but not more 
than two (2) years, or both, subject to the discretion of the court.
In addition, the court shall require the offender to render community service of 
twenty (20) hours, inclusive of attendance to seminars that advocate anti- 
discrimination agendas related to the committed discriminatory act.


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Nothing in Act shall preclude the victim from instituting a separate and 
independent action for damages and other affirmative reliefs.
For the avoidance of doubt, the penalties provided under this Section shall be 
without prejudice to the imposition of administrative liability for government officials 
and employees.
SEC. 8. Redress Mechanisms for Discrimination Cases. -
(a) 
Inclusion of Discrimination Concerns in All Police Stations. - The
Women and Children’s Desks now existing in all police stations shall also 
act on and attend to complaints/cases covered by this Act. In this regard, 
the police officers handling said desks shall undergo trainings on human 
rights and sensitization on the issue of violence and abuse on the basis of 
the grounds referred to in this Act.
Complainant-minors can be represented by parents, guardians, social 
workers, or a non-government organization of good standing and 
reputation.
(b) 
Role of the Civil Service Commission. - The Civil Service Commission 
(CSC) shall promulgate the appropriate rules and regulations for the 
establishment of a grievance mechanism to address discriminatory 
practices committed in, and by officers or einployees of, government 
agencies, instrumentalities, and government owned and controlled 
corporations (GOCCs) and other offices under its jurisdiction.
(c) 
Role of the Department of Labor and Employment. - The Department 
of Labor and Employment (DOLE) shall promulgate the rules and 
regulations necessary to enhance anti-discrimination protection in 
workplaces, including ttie establishment of a grievance mechanism to 
address discriminatory practices committed in the workplace.
(d) 
Role of the Commission on Human Rights. - The Commission on 
Human Rights (CHR) shall investigate and recommend the filing of a 
complaint against any State actor violating the provisions of this Act.
The CHR shall also direct the officer concerned to take appropriate action 
against a public officer or employee at fault or who neglects to perform an 
act or discharge a duty required under this Act, and recommend the 
revocation of license, removal from office or employment, suspension, 
demotion, fine, censure or prosecution, and ensure compliance therewith. 
Refusal by any officer without just cause to comply with an order of the 
CHR to revoke the license, remove, suspend, demote, fine, censure, or 
prosecute an officer or employee who is at fault, or who neglects to 
perform an act or discharge a duty required under this Act, shall be a 
ground for disciplinary action against said officer.


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SEC. 9. Programs to Promote Non-Discrimination and Diversity. - To
eliminate all forms of discrimination, the State shall pursue initiatives and programs 
that seek to enable an environment free of stigma and discrimination. It shall direct the 
machinery and resources of the State to promote non-discrimination and shall 
encourage other sectors of the society to engage and participate in these efforts, and 
shall, as far as practicable, ensue the implementation of the following programs:
(a) 
Social Protection Programs. - The national government shall ensure 
that communities vulnerable to stigma and discrimination on the basis of 
the grounds referred to in this Act are integrated into government-run 
social protection programs.
(b) 
Diversity Programs and Policies. - All government agencies, 
government-owned and controlled corporations, private companies, public 
and private educational institutions, and other entities shall establish 
diversity programs to ensure that all forms of discrimination are prevented. 
They shall also create an internal redress mechanism to address cases of 
discrimination and develop administrative remedies or sanctions for such 
cases. Public institutions shall incorporate these programs into existing 
gender and development programs.
(c) 
Information and Education Campaign. - All government agencies and 
instrumentalities are mandated to develop and implement information 
dissemination on any of the prohibited forms of discrimination. They shall 
endeavor to produce and publish information and education campaign 
materials on discrimination.
(d) 
Affirmative Action. — The State shall develop a system of affirmative 
actions towards protecting the rights of Indigenous peoples, other cultural 
minority groups and groups that are most vulnerable to discrimination.
SEC. 10. Implementing Rules and Regulations. - Within sixty (60) days from 
the effectivity of this Act, the CHR, CSC, DOLE, Philippine National Police, 
Department of Interior and Local Government, Department of Education, and 
appropriate government agencies and other stakeholders, shall promulgate the 
implementing rules and regulations for the effective implementation of this Act.
SEC. 11. Separability Clause. - If any provision of this Act is declared 
unconstitutional or otherwise invalid, the validity of the other provisions shall not be 
affected thereby.
SEC. 12. Repealing Clause. - All laws, decrees, orders, rules and regulations 
or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved,