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EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
S E N A T E
S. No. 1300
20 
JAN 29 P3«3
RECEIVED BY;
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
PROTECTING INDIVIDUALS WITH MIXED FILIPINO HERITAGE FROM
DISCRIMINATORY ACTS
EXPLANATORY NOTE
The Philippines has a long and storied past as a colony and occupied territory by 
foreign powers. This has been marked by the intermingling of Filipinos with foreign 
nationals living in the country which resulted to generations of mestizos and mestizas 
who have been admired for their Euroasian appearance. This usually meant easier social 
mobility, better economic and educational standing and other privileges for Filipinos with 
Spanish and other European blood.
However, recent history has also revealed the darker side of the stories of the 
individuals with mixed Filipino heritage, especially for those who live in the Philippines, 
and that is the discrimination they face amongst their countrymen.
Studies have identified them as Amerasians or Filipino-Americans, Japino or 
Japanese-Filipino, Kopino or South Korean-Filipino or Chipino, Sinopino or Chinese 
Filipinos. However, with no available government data as to their official population, 
records from the non-governmental organizations and other agencies had to suffice, 
making it more difficult to address their concerns and further highlights their need for 
protection from discrimination.


There is an estimated 250,000 multiple-generation, mixed-heritage military 
Amerasians in the Philippines and Pan Amerasians residing in other Southeast Asian 
societies, according to multiple anecdotal accounts and existing empirical research. 
For 
South Korean - Filipinos, according to unofficial estimates, there are 30, 000 infants, 
children and young adults abandoned, estranged or orphaned in the Philippines. On the 
other hand, there is an estimated 200,000 Japanese-Filipinos in similar circumstances in 
the country. Meanwhile, there is possibly as many as 5,000 Chinese-Filipino infants, 
children and young adults who were likewise abandoned.1 Then, there are Filipino- 
African-Americans who face the most extreme form of prejudice.
Research and case studies revealed that individuals of mixed Filipino heritage, 
especially children and young adults, have all experienced "substantial past and present 
stigmatization and discrimination." They were targets of "intense cat-calling, verbal 
harassment and occasional physical violence beginning at an early age." The 
discrimination against them is rooted on their different skin color, facial features and the 
stereotypical assumptions that the majority of them were children of sex laborers and 
transient soldier-fathers who had forsaken them.2 They were stigmatized for being 
illegitimate as most of their biological fathers have abandoned them.
The discrimination to which they were exposed to at an early age has transformed 
for them into a lifetime of socioeconomic marginalization and cultural isolation. Most of 
them were unable to finish school, either due to financial problems or out of frustration.
However, their plight remains unrecognized under our present state of laws which 
in effect hides their discrimination from the public eye, made more evident by the lack of 
official data or statistics on their population, among others.
In light of the present-day realities and the discrimination faced by Filipinos of 
mixed heritage and/or ethnic origin in the country, it is hereby proposed that they be
1 P.C. Kutschera, Ph.D., and Edgar G. Galang, Ph.D., No Way Out: The Tragic Transnational Sexual Exploitation of the 
Philippines, presented as the Keynote Social Services Paper & Speech on the Asia Pacific Conference on Business and 
Social Services on Nov. 21, 2004; available at http://amerasianresearch.org/APCBSS-2014_Taiwan_Paper.pdf
2 P.C. Kutschera, Ph.D. and Jose Maria G. Pelayo III, MASD, The Amerasian Paradox. Presented at the Online 
Conference on Multidisciplinary Social Sciences, Australian International Cultural & Educational Institute
(March 29-31, 2012); available at https://files.eric.ed.gov/fulltext/ED542472.pdf


protected by law from acts of discrimination committed against them in their 
communities, schools and workplaces and to penalize the commission of the same. By 
doing so, the needs of the discriminated Filipinos with mixed heritage and who are 
steeped in poverty and lack of opportunities shall be addressed and their plight recognized 
for the first time in our laws.
This will give more life to the policy of the State, as enshrined in Sec. 2, Art. Ill of 
the 1987 Constitution, that no person shall be denied of equal protection of laws, and as 
provided for by the United Nations Declaration of Human Rights, in Sec. 2, that everyone 
is entitled to all the rights and freedoms set forth in the Declaration without distinction of 
any kind such as race, color, sex or gender or sexual orientation, language, religion, 
political or other opinion, educational attainment, national or social origin, property, birth 
or other status.
In view of the foregoing, approval of this bill is earnestly sought.
L" N. TOLENTINO


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
Senate
20 
JAN 29 P3«3
S E N A T E  
S. No. 1800
RECEIVCOm': 
^
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
PROTECTING INDIVIDUALS WITH MIXED FILIPINO HERITAGE FROM
DISCRIMINATORY ACTS
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Short Title. -  This Act shall be known as the "Mixed Filipino Heritage
2 
Act of 2020."
3 
Sec. 2. Declaration o f Policy. -  The State upholds the right of all to the equal
4 
protection of laws, as provided for in Sec.2, Art. I ll of the 1987 Constitution. The State
5 
likewise values the dignity of every human person and guarantees full respect for
6 
human rights, as stated in Sec. 11, Art. II of the Constitution.
7 
Pursuant to the United Nations Declaration of Human Rights, the State
8 
recognizes that everyone is entitled to all the rights and freedoms set forth in the
9 
Declaration without distinction of any kind such as race, color, sex or gender or sexual
10 
orientation, language, religion, political or other opinion, educational attainment,
11 
national or social origin, property, birth or other status.
12 
Towards this end, the State shall exert every effort to address all forms of
13 
discrimination on the basis of one's mixed Filipino heritage and to promote the human
14 
dignity of all.
15


1 
Sec. 3. Definition o f Terms. -  For purposes of the Act, the following terms shall
2 
mean:
3 
a. 
Discrimination -  It shall refer to any distinction, exclusion, restriction or
4 
preference or other differential treatment that is based on one's mixed
5 
Filipino heritage and which has the purpose or effect of nullifying or impairing
6 
recognition, access to, enjoyment or exercise by all persons of all rights and
7 
freedoms.
8 
b. Mixed Filipino Heritage -  It shall refer to a multiracial or biracial person
9 
whose parents or ancestors are from different ethnic backgrounds, Filipino
10 
being one of them and who resides or stays in the Philippines. As used in
11 
this Act, these shall include but are not limited to Amerasians or Filipino-
12 
Americans, Japino or Japanese-Filipino, Kopino or South Korean-Filipino or
13 
Chipino, Sinopino or Chinese-Filipinos.
14 
Sec. 4. Prohibited Discrimination. The Act shall penalize the commission of
15 
discriminatory acts on the sole basis of an individual's mixed Filipino heritage, as
16 
enumerated in Sec. 5 and shall declare as unlawful any law, rule requirement or policy
17 
in the community, education or workplace setting, including public places, that likewise
18 
condones or promotes said acts, except those laws, rules, requirements or policies
19 
that are exempted in Sec. 7.
20 
Sec. 5. 
Discriminatory Acts. -Subject to Sec. 7 of this Act, the following acts
21 
shall be prohibited:
22 
a. To commit any act that promotes and encourages stigma based on an
23 
individual's mixed Filipino heritage, whether in person, publicly or in any
24 
other medium, including social media. This shall include bullying and any
25 
other form of harassment;
26 
b. To deny an individual of his or her enjoyment of political, civil and
27 
cultural rights based on Sec. 4 of this Act;
28 
c. To refuse the admission of or to expel students who are of mixed Filipino
29 
heritage based on Sec. 4, without prejudice to the right of educational
30 
or training institutions to determine the academic qualifications of their
31 
students or trainees; or to grant or refuse to grant them honors,
32 
scholarship/s or other forms of school-related assistance, based on Sec.


1 
4. Provided that, the prohibition under this section extends to acts
2 
committed against them to discriminate their parents or legal guardians;
3 
d. To include an individual's mixed Filipino heritage, as well as the
4 
disclosure of the same, in the criteria for hiring, promotion, transfer,
5 
designation, work assignment, re-assignment, dismissal and other
6 
human 
resource 
movements, 
performance 
review, 
and 
in 
the
7 
determination of employee compensation, access to career development
8 
and other terms and conditions of employment; Provided that, this
9 
provision shall apply to the private sector and public service, including
10 
the military, police and other similar services; Provided further, that this
11 
prohibition shall likewise apply to the contracting and engaging of the
12 
services of juridical persons;
13 
e. To deny an individual with mixed Filipino heritage of access to goods
14 
and services available to the general public, such as but not limited to
15 
private 
and 
public 
insurance, 
housing 
and 
other 
forms 
of
16 
accommodation, medical and clinical services;
17 
f. 
For any private association, organization, or group, to discriminate
18 
against an individual with mixed Filipino heritage by refusing to accept
19 
his or her application for membership or if already a member, by
20 
subjecting him/her to discrimination;
21 
g. For any person, including members of the military and law enforcement
22 
agencies, to engage in profiling, based on Sec. 4;
23 
h. For any government agency, including local government units, police,
24 
military and immigration agencies, to harass individuals of mixed Filipino
25 
heritage verbally or physically, to curtail their freedom of movement or
26 
to extort from them, based on Sec. 4; and
27 
i. 
To commit any analogous act which have the effect or purpose of
28 
impairing or nullifying the recognition, enjoyment or exercise of the
29 
person's human rights and fundamental freedoms.
30 
Sec. 6. 
Persons Liable. -  Any person, natural or juridical, or their
31 
representatives, including government instrumentalities and agencies, or government-
32 
owned and controlled corporations, or any private corporation, institution or company,


1 
who commits discrimination through any of the acts described in Sec. 5 shall be liable
2 
under this Act.
3 
Any person who is duty-bound to act on the complaints of discrimination under
4 
this Act but fails or refuses to do so shall be deemed prima facie to have sanctioned
5 
the discriminatory act and shall be held equally liable for discrimination.
6 
Sec. 7. Exceptions. -  Any act or conduct, otherwise prohibited under Sections
7 
4 and 5 of this Act, shall not be prohibited and considered as an act of discrimination:
8 
a. Where any of the protected attributes are bona fide occupational
9 
qualifications reasonably necessary to the normal operation of the particular
10 
business (Genuine Occupational Qualifications);
11 
b. Where the distinction, exclusion or preference in respect of a particular
12 
job is based on inherent requirement that is the proportionate means of
13 
achieving a legitimate aim (Inherent Requirement); and
14 
c. Where the act or omission is done in good faith for the purpose of
15 
assisting a person or a group of persons who need assistance or
16 
advancement in order to achieve an equal place in society with other
17 
members of the community (Measures of Equality or Affirmative Action
18 
Program).
19 
Provided, however, that an employer who wanted to justify an otherwise
20 
discriminatory act under this Section must be able to provide substantial
21 
proof that the same act would fall under the exceptions herein provided.
22 
Sec. 8. Enforcement. Criminal complaints brought under this Act shall be filed
23 
with the proper court. Provided, that this Section is without prejudice to the filing of
24 
an independent civil action against any public officer or employee, or any private
25 
individual who directly or indirectly obstructs, defeats, violates or in any manner
26 
impedes or impairs any of the rights and liberties of another person, as provided in
27 
Sec. 32 of the New Civil Code.
28 
Sec. 9. Penalties. -T he penalty of not less than one (1) year but not more than
29 
six (6) years imprisonment or a fine of not more than Five Hundred Thousand
30 
Philippine Pesos (PhP 500,000.00) or both, in the discretion of the court, and taking
31 
into consideration the circumstances and gravity of the offense, shall be imposed upon


1 
those who are found to have committed any of the prohibited acts of discrimination
2 
in this law.
3 
When the offender is a public official, officer or employee, the penalty provided
4 
under this Section shall be imposed in its maximum period, provided that the penalty
5 
of suspension shall also be imposed; provided further, that the public official, officer
6 
or employee may be asked to undergo gender and development training and
7 
community service during the duration of suspension.
8 
When the offender is a corporation, partnership or association, the officer or
9 
employee thereof who is responsible for the violation of this Act shall suffer the penalty
10 
imposed in its maximum period and the corporation shall be jointly liable for any fine
11 
imposed.
12 
Sec. 10. Implementing Rules and Regulations. - The Civil Service Commission
13 
(CSC), Department of Labor and Employment (DOLE), Department of the Interior and
14 
Local Government (DILG), Department of Social Welfare and Development (DSWD),
15 
the Armed Forces of the Philippines (AFP), Department of Education (DepEd),
16 
Commission on Higher Education (CHED), Technical Education and Skills Development
17 
Authority (TESDA), Department of Justice (DOJ), Department of Foreign Affairs (DFA),
18 
Department of Health (DOH) and the National Youth Commission (NYC) shall
19 
promulgate the necessary implementing rules and regulations within sixty (60) days
20 
from the effectivity of this Act.
21 
Sec. 11. Separability Clause. -  If any portion or provision of this Act is declared
22 
unconstitutional, the same shall not affect the validity and effectivity of the other
23 
provisions not affected thereby.
24 
Sec. 12. Repealing Clause. -  All laws, presidential decrees, letters of
25 
instructions, executive orders, rules, regulations, and other issuances or parts thereof
26 
which are contrary to or inconsistent with the provisions of this act are hereby revoked,
27 
repealed, amended or modified accordingly.
28 
Sec. 13. Effectivity Clause. 
-  This Act shall take effect fifteen (15) days
29 
following the completion of its publication in the Official Gazette or in at least one (1)
30 
newspaper of general circulation.
31 
Approved,