EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHIUPPINES )
First Regular Session )
Introduced by Senator SONNY ANGARA
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, RACIAL
OR
ETHNIC ORIGIN, RELIGIOUS BELIEF OR ACTIVITY, POLITICAL
INCLINATION OR CONVICTION, SOCIAL CLASS, SEX, GENDER,
SEXUAL
ORIENTATION, GENDER IDENTITY AND EXPRESSIONS, MARITAL
OR
RELATIONSHIP STATUS, DISABILITY, HIV STATUS, HEALTH
STATUS OR
MEDICAL HISTORY, LANGUAGE, PHYSICAL FEATURES, AND
OTHER
STATUS, AND PROVIDING PENALTIES THEREFOR
EXPLANATORY NOTE
"Profound
social instability" remains to be one of the global risks according to
The Global Risks Report 2019 of the World
Economic Forum (WEF) lists. In its 2016
Report, "profound social
instability" is listed as one of the Top 5 Global Risks of
Highest Concern for the next 10 years. It
is rated as highly impactful or likely and
one of the most highly interconnected
risks, and is gaining in prominence in
perceptions of likelihood and impact. The
economic risks of unemployment and
underemployment have also increased in
both likelihood and impact over the past
two years.
Any form of
discrimination threatens social stability and economic progress in
the Philippines, making it imperative that
discrimination — or any act that
establishes, promotes and perpetuates
standing inequalities and disregards the right
to "equality of treatment"
afforded by the 1987 Constitution — be reduced.
Moreover, the
Philippines is a signatory to the International Covenant on
Economic, Social and Cultural Rights
(ICESCR) and the International Covenant on
Civil and Political Rights (ICCPR) of the
United Nations that guarantee broad respect
for the human rights of every individual,
without discrimination based on race, skin
color and outward appearance, sex and gender
identification, language, religion and
opinion, national or social origin,
property, and birth or other status.
We sought to
follow through on these imperatives and international
commitments since the 14th Congress by
filing various versions of an AntiDiscrimination Bill.
To some extent, based on selected global
studies, the Philippines is a
relatively open and equitable society. For
instance, the country scores high on
global gender equality indices and ranks
8th overall in WEF's Global Gender Gap
Report 2018. However, many forms of
discrimination persist.
Women
The October 2018 Labor Force Survey
reveals that labor force is dominated
by men who account for 62 percent of the
economically active workers. Despite
faster growth since 2008 of women (13.6
percent) compared to that of men (10.1
percent) in the labor force, there is
still a substantial gender gap. In 2016, the labor
force participation rate was 63.5 percent
overall: 77.6 percent of these were men,
while only 49.3 percent were women.
Violence against
women, both in and out of the home, remains a serious
societal problem. According to the PNP
Statistics on Crime Incidents, there are 2,962
reported rape cases during the first half
of 2018 alone. In 2016 the number of
Violence Against Women cases reported to
the PNP is 40,536 which is 13 percent
higher than the 2015 report at 35,897
cases. In the Annual Comparative Statistics
on Violence Against Women released by the
PNP-Women and Children Protection
Center in 2014 13,564 cases of physical
injuries against women were recorded in
2013; 1,744 in 2012, and 1,588 in 2011.
From 2011 to 2013, there were 300 sexual
harassments and 148 Anti-Trafficking cases
reported to PNP-Women and Children
Protection Center.
Lesbian,
Gavs, Bisexuals, and Transaenders
Discrimination is not limited to women
alone. While consensual same-sex
relations, homosexuality, and
transgenderism are not illegal in the Philippines, major
government agencies have yet to formally
articulate specific affirmative policies.
Kwentong Bebot: Lived Experiences o f
Lesbians, Bisexual and Transgender
Women in the Philippines, a study
conducted by Rainbow Rights and published by
the International Gay and Lesbian Human
Rights Commission, stated that members
of the LGBT community reported having
experienced physical, verbal, emotional and
sexual abuse within their homes, in
schools, in their workplaces. Some report
having been denied health care and
restricted from using public facilities (such as
the LRT and MRT).
According to the Trans Murder Monitoring
Project, a pilot project of
Transgender Europe, there were 40
transgender or gender-variant people who were
killed in the Philippines between January
2008 and December 2015.
Children
Discrimination against children takes the
form of physical, sexual and
psychological abuse.
According to International Labor
Organization (ILO) studies in 2012,
approximately 2 million Filipino children
were exposed to hazardous working
environments, such as in quarries and
mines. There were also at least 246,011
street children nationwide, 11,346 of
which were in Metro Manila alone.
Children continue to be recruited by
non-state armed groups. According to
anecdotal reports, some criminal
syndicates use minors to carry out their illegal
activities. They were also victims of
police abuse while in detention for committing
minor crimes.
Persons With Disabilities (PWDs)
Despite the passage of Republic Act No.
10070 in 2010, which established
institutional mechanisms to ensure
implementation of programs and services for
PWDs, only six of every 10 local
government units had Persons with Disability Affairs
Office in 2018. More than half of the
provinces (58%) and higher income
municipalities (63%) are non-compliant
with the Act.
A 2013 study conducted by Christian D. Mina
entitled, "Employment o f
Persons with Disabilities (PWDs) in the
Philippines: The Case o f Metro Manila and
Rosario, Batangad' as part of the
Discussion Paper Series No. 2013 of the Philippine
Institute for Development Studies stated
that less than 10 percent of more than
100,000 employable PWDs registered with
the DOLE were wage-employed. Majority
of the employed PWDs in rural and urban
areas are considered "vulnerable workers"
since most have informal work arrangements
and are less likely to have access to
employment benefits or social protection
programs.
Indigenous
Cultural Communities/Indiaenous People (ICC/IPs)
Indigenous people continue to experience
abuses involving arbitrary
detention, persecution, killing of
community representatives, coercion, torture,
demolition of houses, involuntary
displacements, rape, and disruption of their rights
to food and shelter.
These are but selected instances of
discrimination in Philippine society that
this measure aims to mitigate or
eliminate.
Its swift approval is therefore earnestly
sought.
SONNY
ANGARA
EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )
SENATE
S. B. No. 137
Introduced by Senator SONNY ANGARA
AN ACT
PROHIBITING DISCRIMINATION ON THE BASIS OF AGE, RACIAL
OR
ETHNIC ORIGIN, RELIGIOUS BELIEF OR ACTIVITY, POLITICAL
INCLINATION OR CONVICTION, SOCIAL CLASS, SEX, GENDER,
SEXUAL
ORIENTATION, GENDER IDENTITY AND EXPRESSIONS, MARITAL
OR
RELATIONSHIP STATUS, DISABILITY, HIV STATUS, HEALTH
STATUS OR
MEDICAL HISTORY, LANGUAGE, PHYSICAL FEATURES, AND
OTHER
STATUS, AND PROVIDING PENALTIES THEREFOR
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 "Comprehensive Anti2 Discrimination Act o f 2019."
3 Sec.
2. Declaration o f Policy. - It is the policy of the State to work actively for
4 the
elimination of all forms of discrimination that offends the equal protection
clause
5 of
the Bill of Rights, and the State's obligations under human rights instruments
6 acceded
to by the Republic of the Philippines, particularly those discriminatory
7 practices
based on age, racial or ethnic origin, religious belief or activity, political
8
inclination or conviction, social class, sex, gender, sexual orientation,
gender identity
9 and
expressions, marital or relationship status, disability, HIV status, health
status or
10 medical
history, language, physical features, or other status.
11 Towards
this end, discriminatory practices as defined herein shall be
12 proscribed
and penalized.
1 Sec.
3. Definition o f Terms. - For the purposes of this Act, the following terms
2 shall
be defined as follows:
3
a. Disability refers to: 1) a physical or mental impairment that substantially
limits
4 one
or more psychological, physiological or anatomical function of an
5
individual or activities of that individual; 2) a record of such an impairment;
6 or,
3) being regarded as having such an impairment.
7 b.
Discrimination constitutes any distinction, exclusion, restriction or
preference
8 or
other differential treatment that is directly or indirectly based on age,
racial
9 or
ethnic origin, religious belief or activity, political inclination or conviction,
10 social
class, sex, gender, sexual orientation, gender identity and expressions,
11 marital
or relationship status, disability, HIV status, health status or medical
12 history,
language, physical features, or other status, which has the purpose or
13 effect
of nullifying or impairing the recognition, enjoyment or exercise, on
14
equal footing, of the political, civil, economic, social and cultural rights.
15
Discrimination also includes incitement to discriminate and harassment.
16 Direct
discrimination occurs where a person is treated less favorably
17 than
another person in the same or comparable circumstances on the ground
18 of
their protected attribute (i.e. age, racial or ethnic origin, religious belief
or
19 activity,
political inclination or conviction, social class, sex, gender, sexual
20 orientation,
gender identity and expressions, marital or relationship status,
21 disability,
HIV status, health status or medical history, language, physical
22 features, or other status).
23 Indirect
discrimination occurs where an apparently neutral condition or
24 requirement
is imposed which has the effect of disadvantaging a group with a
25 particular
protected attribute and which is not reasonable in the
26 circumstances.
Indirect discrimination may not be unlawful if a respondent
27 can
show that there is an objective justification for it. This involves
28 demonstrating
a proportionate means of achieving a legitimate aim.
29 c.
Education and Training refers to all types and levels of education, training,
30 and
other avenues for learning, and includes access thereto, the standard and
31 quality
thereof and the conditions under which the same is given.
32 d.
Ethnic Origin includes race, national origin, and ethno-linguistic origin.
1 e.
Employment refers to all terms conditions, and privileges relating to work in
2 public
and private institutions, including recruitment policies, application,
3 procedures,
training, incentives, compensation, determination of benefits or
4 allowances,
promotion, advancement opportunities, transfer, and dismissal.
5 This
definition shall apply to regular, probationary, casual, contractual,
6 fixed-term,
and seasonal workers. In legitimate contracting arrangements, the
7 contractor/subcontractor
shall be deemed the employer of the contractual
8 employee.
9 For
the purpose of this Act, the terms employment
10 and
occupation include access to vocational training, access to employment
11 and
to particular occupations, and terms and conditions of employment.
12 f.
Gender Identity refers to each person's deeply felt internal and individual
13 experience
of gender, which may or may not correspond with the sex
14 assigned
at birth (e.g. the sex listed on their birth certificate) including the
15 personal
sense of the body and other expressions of gender, including dress,
16 speech
and mannerisms.
17 g.
Gender Expression refers to the outward manifestations of the cultural traits
18 that
enable a person to identify as male or female according to patters that,
19 at
a particular moment in history, a given society defines as gender
20 appropriate.
21 h.
HIV Status refers to the presence or absence of the human immunodeficiency
22 virus
(HIV) in the body of an individual.
23 i.
Indigenous Cultural Communities/ Indigenous Peoples (ICC/IPs)shall, as
24 provided
under Section 3 (h). Chapter II of Republic Act No. 8371 or the
25 Indigenous
People's Rights Act (IPRA) of 1997, refer to a group of people or
26 homogenous
societies identified by self-ascription and ascription by others,
27 who
have continuously lived as organized community on communally
28 bounded
and defined territory, and who have, under claims of ownership
29 since
time immemorial, occupied, possessed and utilized such territories,
30 sharing
common bonds of language, customs, traditions and other distinctive
31 cultural
traits, or who have, through resistance to political, social and cultural
32 inroads
of colonization, non-indigenous religions and cultures, became
1 historically
differentiated from the majority of Filipinos. ICCs/IPs shall likewise
2 include
peoples who are regarded as indigenous on account of their descent
3 from
the populations which inhabited the country, at the time of conquest or
4 colonization,
or at the time of inroads of non-indigenous religions and
5 cultures,
or the establishment of present state boundaries, who retain some
6 or
all of their own social, economic, cultural and political institutions, but who
7 may
have been displaced from their traditional domains or who may have
8 resettled
outside their ancestral domains.
9 j.
Bangsamoro People are those who, at the advent of the Spanish colonization,
10 were
considered natives or original inhabitants of Mindanao and the Sulu
11 archipelago
and its adjacent islands, whether of mixed or full blood, shall
12 have
the right identity themselves, their spouses and descendants, as
13 Bangsamoro.
14 k.
Linguistic Discrimination refers to the unfair treatment of an individual based
15 solely
on the use of language. This use of language may include the
16 individual's
native language or other characteristics of the person's speech,
17 such
as an accent, the size of vocabulary (whether the person uses complex
18 and
varied words), and syntax.
19 I.
Muslims refer to those who are followers of Islamic faith, whether from birth
20 or
by conversion.
21 m.
Marita! or Relationship Status refers to the personal status of each individual
22 in
relation to the marriage laws or customs of the country. The categories of
23 marital
status to be identified are the following: (a) single; (b) married; (c)
24 separated
(d) widowed; or (e) de facto spouse of another person. A de facto
25 spouse
of another person is defined to mean a person who cohabits or lives
26 with
another person in a relationship similar to marriage but is not legally
27 married
to that person.
28 n.
Physical Features refer to a person's height, size, weight or other bodily
29 characteristics.
It shall also include features that a person chooses to acquire,
30 such
as tattoos and piercings.
31 0.
Political Inclination refers to a person's preference with regards to
32 membership
or belief in a particular political party, organization or ideology
.
1
p.
Profiling means relying on the prohibited grounds of discrimination in
2 subjecting
a person or group of persons to investigatory activities, which
3 include
unnecessary, unjustified, illegal, and degrading searches, questioning
4 or
other investigatory activities, in determining whether an individual is
5 engaged
in an activity presumed to be unlawful, immoral, or socially
6 unacceptable.
7 q.
Religious Belief cowers the profession or non-profession of religion or belief
of
8 one's
choice that may be publicly or privately manifested in worship,
9 observance,
practice and teaching.
10
r. Sexual Orientation refers to each person's capacity for profound emotional,
11 affectional
and sexual attraction to, and intimate relations with, individuals of
12 a
different gender or the same gender or more than one gender.
13 It
encompasses the broad concept of a person's sexual attraction to,
14 and
sexual activity with, people of a particular gender. This can be towards
15 people
of the same sex (homosexual orientation); towards people of both
16 sexes
(bisexual orientation), towards neither, or towards people of the
17 opposite
sex (heterosexual orientation). A person's sexual orientation is
18 distinct
from a person's gender identity and expression.
19 s.
Social Class refers to groupings of individuals usually based on wealth,
20 educational
attainment, occupation, income, and membership in a subculture
21 or
social network.
22 t.
Stigma refers to the dynamic process of devaluation that significantly
23 discredits
an individual in the eyes of others. When stigma is acted upon, the
24 result
is discrimination.
25 u.
Other Status refers to other forms of differential treatment or grounds of
26 discrimination
which either undermines human dignity, causes or perpetuates
27 systemic
disadvantage, or adversely affects the equal enjoyment of a person's
28 rights
and freedoms in a serious manner that is comparable to the protected
29 attributes
enumerated in Section 4 of this Act. These grounds include, but are
30 not
limited to the following: pregnancy or maternity/paternity status, family
31 responsibilities,
health status or medical condition, criminal record.
1
Sec.
4. Prohibited Grounds for Discrimination/Protected Attributes. –
2
2 Discrimination
that is directly or indirectly based on the following personal
3 characteristics
such as age, racial or ethnic origin, religious belief or activity, political
4 inclination
or conviction, social class, sex, gender, sexual orientation, gender identity
5 and
expressions, marital or relationship status, disability, HIV status, health
status or
6 medical
history, language, physical features, or other status, is prohibited. For
7 purposes
of this Act, these personal characteristics shall be collectively termed as
8 Protected
Attributes.
9 Sec.
5. Acts o f Discrimination, Unlawful. - Subject to Section 7 of this Act, the
10 acts
of discrimination include, but are not limited to, the following:
11 (a)
Inflicting stigma.
12 It
shall be unlawful for any person to commit any acts that promote and
13 encourage
stigma based on the grounds referred to in Section 4. Content in
14 the
media, in educational textbooks, or in other medium that aims to inflict
15 stigma
is likewise prohibited.
16 (b)
Denial of political, civil and cultural rights.
17 It
shall be unlawful to deny a person enjoyment of political, civil and
18 cultural
rights based on the grounds referred to in Section 4.
19 (c)
Denial of right to education.
20 It
is unlawful for any person to:
21 (1)
Refuse admission or expel a person from any educational or training
22 institution
on the basis of the grounds defined in Section 4, without
23 prejudice
to the right of educational or training institutions to
24 determine
the academic qualifications of their students or trainees;
25 (2)
Grant or refuse to grant honors, scholarship/s, or other forms of
26 assistance
on the basis of the grounds defined in Section 4; and
27 (3)
Impose disciplinary sanctions, penalties harsher than customary, or
28 similar
punishments, requirements, restrictions, or prohibitions that
29 infringe
on the rights of the students on the basis of the grounds
30 identified
in
Section 4.
The prohibition to
deny the right to education on the basis of the grounds
2 in
Section 4 extends to acts committed against a student or trainee to
3 discriminate
his or her parents or legal guardians.
4 (d)
Denial of right to work.
5 It
is unlawful for any person to:
6 (l)U
se the grounds in Section 4 or require the disclosure thereof in the
7 selection,
promotion, and termination of workers, and in the
8 determination
of compensation, training, incentives, privileges, benefits
9 or
allowances, as well as other terms and conditions of employment;
10 (2)
Deny employment in government institutions, including police and
11 military
service, based directly or indirectly on the grounds referred to
12
in Section 4;
13 (3)
Refuse to enter into contract or agreement with persons or group of
14 persons
based solely or partly on the grounds provided in Section 4;
15 and
16 (4)
Deny an application for or revoke a professional license issued by the
17 government
directly or indirectly due to the grounds included in
18 Section
4.
19 (e)
Denial of access to goods and services
20 It
is unlawful for any person to:
21 (1)
Deny a person, solely or partly on the basis of the grounds in Section
22 4,
of goods and services available to the general public, such as but
23 not
limited to private and public insurance, housing and other forms of
24 accommodation,
medical and clinical services;
25 (2)
Refuse entry to or evict a person from any establishment, facility or
26 utility
that is open to the general public, such as but not limited to,
27 restaurants,
bars, hotels, shopping malls, solely or partly on the basis
28 of
the grounds listed in Section 4; and,
29 (3)
Cause undue and unjust deferral of services or provision of inferior
30 services
to persons due to the grounds in Section 4.
1 There
is discrimination if the acts above are committed against
2 organizations
or groups of persons based on the grounds identified in Section
3 4.
4 (f)
Denial of right to organize.
5 It
shall be unlawful to prohibit, prevent, or revoke the accreditation,
6
formal recognition, and/or registration of any organization, group, political
7 party,
institution or establishment, in educational institutions, workplaces,
8 communities,
and other settings, based partly or solely on the grounds
9 provided
for in Section 4.
10 Discrimination
is also committed when additional requirements beyond the
11 customary
are imposed directly or indirectly due to the grounds stipulated in
12 Section
4.
13 (g)
Inflicting harm on health and well-being.
14 It
shall be unlawful to subject any person, without consent, to any
15 unnecessary medical or physical
examination, psychological treatment, faith16 based
practices,
and other similar procedures based solely or partly on any of
17 the
grounds referred to in Section 4 that aim to change identity or physical
18 attributes
or impose behavior or expressions.
19 (h)
Engaging in profiling.
20 It
shall be illegal for any person, including members of the military and
21 law
enforcement agencies, to engage in profiling based solely or partly on the
22 grounds
included in Section 4.
23 (i)
Abuses by state and non-state actors
.
24 It
shall be unlawful for any government agency, including local
25 government
units, police, military, and immigration agencies, to harass
26 verbally
or physically, to curtail freedom of movement, or to extort from a
27 person
or a group of persons on the basis of the grounds stipulated in Section
28 4.
29 This
prohibition applies to similar abuses committed by non-state actors.
30 (j)
Detention and confinement.
31 It
shall be unlawful to detain and confine a person or groups of persons
32 based
directly or indirectly on the grounds under Section 4.
8
1
(k)
Inciting hatred or violence
2
2 It
shall be unlawful to incite hatred or violence based on any of the
3 grounds
included in Section 4, by use of words or behavior or display of
4 written
material, publishing or distributing written material; the public
5 performance
of a play; distributing, showing or playing a recording;
6 broadcasting
or including a program in a program service, and possession of
7 inflammatory
material. The words, behavior, written material, or recordings,
8 or
program must be threatening and not just abusive or insulting.
9 (I)
Denial of right to expression
10
It shall be unlawful to deny a person of his freedom of opinion and
11 expression
based on the grounds included in Section 4. This includes the
12 expression
of identity or personhood through speech, deportment, dress,
13 bodily
characteristics, choice of name, or other means, as well as the freedom
14 to
seek, receive, and impart information and ideas of all kinds through any
15 medium.
16 (m)
Other analogous circumstances.
17 Any
analogous act, which has the effect or purpose of impairing or
18 nullifying
the recognition, enjoyment, or exercise of the person's human rights
19 and
fundamental freedoms, are also prohibited.
20 Sec.
6. Persons Liable. - Any person, natural or juridical, or their
21 representatives,
including government instrumentalities and agencies, or
22 government-owned
and controlled corporations, or any private corporation,
23 institution
or company who commits discrimination through any of the acts
24 described
in Section 5 shall be liable under this Act.
25 Any
person, natural or juridical, or their representatives, who requests,
26 instructs,
induces, encourages, authorizes or assists another to commit acts of
27 discrimination
under Section 5 shall also be liable under this Act.
28 Any
person who is duty-bound to act on complaints of discrimination under
29 this
Act but fails or refuses to do so shall be deemed prima facie to have
sanctioned
30 the
discriminatory act, and shall be held equally liable for discrimination.
31 All
government officers and workers are obliged to promote nondiscrimination
32 in
the discharge of their duties and responsibilities.
1
Sec.
7. Exceptions. - Any action or conduct, otherwise prohibited under
2
2 Sections
4 and 5 of this Act shall not be unlawful and shall not be considered as
3 discrimination:
4 1)
Where any of the protected attributes are bona fide occupational
5 qualifications
reasonably necessary to the normal operation of the particular
6 business
or where the differentiation is based on reasonable factors (Genuine
7 Occupational
Qualifications);
8 2)
Where distinction, exclusion, or preference in respect of a particular job is
9 based
on inherent requirement and requirement is a proportionate means of
10
achieving a legitimate aim (Inherent Requirement);
11 3)
Where the acts or practices of a body established for religious purposes
12 conform
to the doctrines, tenets or beliefs of the relevant religion or that such
13 acts
or practices are necessary to avoid injury to the religious sensitivities o f
14 adherents
of that religion;
15 4)
Where the act or omission is done in good faith for the purpose of
16 assisting
or advancing a person or group of persons who need or may
17 reasonably
be supposed to need assistance or advancement in order to
18 achieve
an equal place in society with other members of the community
19 (Measures
of Equality or Affirmative Action Program).
20 Sec.
8. Penalties. - The penalty of not less than one (1) year but not more
21 than
six (6) years imprisonment or a fine of not more than Five Hundred Thousand
22 Philippine
Pesos (PhP500,000.00), or both, in the discretion of the court, and taking
23 into
consideration the circumstances and gravity of the offense.
24 The
penalty provided under this Section shall be imposed in its maximum
25 period:
26 (a)
If the offender has been previously convicted under this Act;
27 (b)When
the offender is an ascendant, parent, guardian, stepparent or
28 collateral
relative within the second degree of consanguinity or affinity
29 of
the victim;
30 (c)
When the offender is the manager or owner of an establishment which
31 has
no license to operate or whenever such license has expired or has
32 been
previously revoked;
10
1
(d)
When the offender is a public official, officer or employee: Provided,
2
2 That
the penalty of suspension shall also be imposed: Provided,
3 further,
That the public official, officer or employee may be asked to
4 undergo
gender and development training and community service
5 during
the duration of suspension.
6 When
the offender is a corporation, partnership or association, the officer or
7 employee
thereof who is responsible for the violation of this Act shall suffer the
8 penalty
imposed in its maximum period. The corporation shall be jointly liable for
9 any fine imposed.
10 An
offender who is a foreigner shall be deported immediately after service of
12 Whenever
the courts determine that a fine shall be imposed pursuant to the
13 criminal
case filed under this Act, the fine thus collected shall be remitted by the
14 court
to the Commission on Human Rights which shall administer the fund for the
15 assistance
of victims of discrimination.
16 Sec.
9. Programs to Promote Non-discrimination and Diversity. - The State
17 shall
endeavor to eliminate all forms of discrimination and shall therefore pursue
18 initiatives
and programs that seek to enable an environment free of stigma and
19 discrimination.
It shall direct the machinery and resources of the State to ensure
20 non-discrimination
and promote equality and shall encourage other sectors of the
21 society
to engage and participate in these efforts. It shall ensure the establishment
22 of
the following programs:
23 (a)
Social Protection Program - The national government shall implement
24 social
protection measures for communities affected by and vulnerable to
25 stigma
and discrimination.
26 (b) Diversity Programs and Policies - All
government agencies, government27 owned and controlled corporations, private
companies, public and private
28 educational
institutions, and other entities shall establish diversity
29 programs
to ensure that discrimination and abuse are prevented. They
30 shall
also create an internal redress mechanism to address cases of
31 discrimination
and grant administrative remedies or sanctions for such
32 cases.
11
1
The
Civil Service Commission (CSC), Department of Labor and Employment
2
(DOLE),
Department of Interior and Local Government (DILG), Department of Trade
3 and
Industry (DTI), the Armed Forces of the Philippines (AFP), Department of
4 Education
(DepEd), Commission on Higher Education (CHED), Technical Education
5 and
Skills Development Authority (TESDA), Department of Justice (DOJ),
6 Department
of Foreign Affairs (DFA), and Department of Health (DOH) shall ensure
7 the
implementation of this Section.
8 Failure
of the above agencies, without justifiable cause, to ensure the
9 implementation
of this provision shall be deemed refusal to address discrimination
10 and
shall be penalized as an analogous act of discrimination.
11 Sec.
10. Enforcement - Criminal complaints brought under this Act shall be
12 filed
with the proper court. In addition to the criminal complaint, a person who has
13 been
subjected to any acts of discrimination as defined in this Act may file a
14 complaint
with the Commission on Human Rights (CHR). For this purpose, the CHR
15 may
investigate, motu proprio or on complaint by any person, acts or omissions in
16 violation
of this Act.
17 In
all cases under investigation, the Commission may issue legal and
18 preventive
measures as well as provisional remedies. These measures or remedies
19 shall
include, but are not limited to, general writs of injunction, restraining
orders,
20 status
quo ante orders, cease and desist orders, protection orders or such other
21 orders
to protect the life and security of persons, preserve evidence, protect
22 properties
and other considerations to ensure the efficient investigation of the
23 alleged
violation of this Act.
24 The
Commission shall also direct the officer concerned to take appropriate
25 action
against a public officer or employee at fault or who neglected to perform an
26 act
or discharge a duty required under this Act, and order revocation of license,
27 removal
from office or employment, suspension, demotion, fine, censure, or
28 prosecution,
and ensure compliance therewith. Refusal by any officer without just
29 cause
to comply with an order of the Commission to revoke the license, remove,
30 suspend,
demote, fine, censure, or prosecute an officer or employee who is at fault,
31 or
who neglects to perform an act or discharge a duty required under this Act,
shall
32 be
a ground for disciplinary action against said officer.
12
1
Sec.
11. Administrative Proceedings and Sanctions against Public Officials and
2 Employees.
- Pursuant to Section 8 of this Act, which makes it a duty of the CHR to
3 investigate
alleged cases of discrimination, a finding by the CHR that a department,
4 agency
or instrumentality of the government, a government-owned and controlled
5 corporation,
or a local government unit has violated any provision of this Act and its
6 implementing
rules and regulations, shall carry with it a recommendation to the CSC
7 and/or
the DILG for the imposition of sanctions under administrative law, civil
8 service,
or other appropriate laws. Such recommendation shall include the names of
9 the
person directly responsible for the violation, and a statement that the
sanctions
10 be
imposed upon the person directly responsible and the head of the agency or the
11 local
chief executive.
12 Sec.
12. Fines against Private Persons, Provisional Remedy. - Upon a prima
13 facie
finding that any provision of this Act was violated and upon its issuance of a
14 cease
and desist order, the CHR may impose a fine of Twenty Thousand Pesos
15 (P20,000.00),
for every day that the act of discrimination complained of has not
16 ceased.
17 For
purposes of this section and the imposition of the provisional remedy of
18 fine,
the CHR may ask the assistance of DTI, CHED, DOLE, DepEd, and TESDA.
19 The
fine thus collected shall be for the assistance of victims of discrimination.
20 Sec.
13. Implementing Rules and Regulations. - The CHR, CSC, DOLE, DILG,
21 AFP,
DepEd, CHED, TESDA, DOJ, DFA, DOH, National Commission on Indigenous
22 Peoples,
and National Commission on Muslim Filipinos shall promulgate the
23 necessary
implementing rules and regulations within sixty (60) days from the
24 effectivity
of this Act. Thereafter, this Act shall be fully implemented with or without
25 the
IRR.
26 Sec.
14. Separability Clause. - If, for any reason, any part, section or
27 provision
of this Act is held invalid or unconstitutional, the remaining provisions not
28 affected
thereby shall continue to be in force and effect.
29 Sec.
15. Repealing Clause. - All laws, decrees, executive orders,
30 proclamations,
rules and regulations, and other issuances, or part or parts thereof,
31 which
are inconsistent with the provisions of this Act are hereby repealed, amended
32 or
modified accordingly.
13
1
Sec.
16. Effectivity Clause. - This Act shall take effect fifteen (15) days after
2
2 its
publication in the Official Gazette or at least two (2) newspapers of general
3 circulation,
whichever comes earlier.
Approved,