CITY MAYOR'S OFFICE DAVAO CITY _CSCEIVED Republic of the Philippines FEB 1 8 201: 4d. City of Davao 1¢ , Oftice of the City Legal Officer Ref. NO. 1131-13. L oprnyol Series of, RI2__. {st INDORSEMENT C FEBRUARY 11,2013 No, Respectfully forwarded to the Office of the City Mayor, through the Office of the City Administrator, both this City, the herein Ordinance No. 0417-12, Series of 2012 entitled “AN ORDINANCE DECLARING UNLAWFUL, ACTS AND CONDUCT OF DISCRIMINATION BASED ON SEX, GENDER INDENTITY, SEXUAL ORIENTATION, RACE, COLOR, DESCENT, NATIONAL OR ETHNIC ORIGIN AND RELIGIOUS AFFILIATION OR BELIEFS AND PENALIZING THE SAME", informing your end that this office finds no legal infirmity therein. IN VIEW OF THE FOREGOING, this office recommends the approval of the same. RESPECTFULLY SUBMITTED. Atty. altttra. Gallo Attorney 1V Approved: Atty. Osmundé Y. Villanueva, Jr. Acting City Legal Officer Date approved: February 12, 2013 Date received: February 5, 2013 Date referred to lawyer: January 6, 2013 208 ~ 27-9 pe ee16% City Council he ‘ Sang 48 Regular Session a Series of 2012 @ vresenr Vice-Mayor Councilor Councilor Councilor Councilor Councilor Councilor Councilor Councilor Councilor Councilor Councilor Councilor eo Councilor Councilor Councilor Councilor Councilor Councilor Councilor Councilor Councilor Republika ng Pilipinas SANGGUNIANG PANLUNGSOD Lungsod ng Dabaw Rodrigo R. Duterte - Presiding Officer Victorio U, Advincula Jr. Bemard E. Al-ag Dante L. Apostol Sr. Conrado C. Baluran Karle 8. Bello Joanne M. Bonguyan Louie John J. Bonguyan Arnolfo Ricardo B. Cabling April Marie C. Dayap Jammy G. Dureza Emmanuel D. Galicia Sr. Jashera L. Gonzales Edgar R. Tbuyan Leah A. Librado-Yap Rene Elias C. Lopez Tomas J. Monteverde IV Myma G. LDalodo-Ortiz J. Melchor V. Quitain Jackson V. Reyes Jose Louie P. Villafuerte Rachel P. Zozobrado ON OFFICIAL BUSINESS: Councilor Councilor Councilor Councilor ABSENT: Councilor Councilor AlRyan 8. Alejandre Pilar C. Braga Berino L. Mambo-o Sr. Marissa P. Salvador-Abella Nilo M. Abellera Jr. - On Sick Leave Paolo Z. Duterte - On Vacation Leave ORDINANCE NO. 0417-12 Series of 2012 AN ORDINANCE DECLARING UNLAWFUL, ACTS AND CONDUCT OF DISCRIMINATION BASED ON SEX, GENDER IDENTITY, SEXUAL ORIENTATION, RACE, COLOR, DESCENT, NATIONAL OR ETHNIC ORIGIN AND RELIGIOUS AFFILIATION OR BELIEFS AND PENALIZING THE SAME, Be it ordained by the Sangguniang Panlungsod of Davao City in session assembled that: SECTION L TITLE - This Ordinance shall be known as “Anti-Discrimination ‘Ordinance of Davao City’. ® SECTION I. AUTHORITY AND BASES - This Ordinance is enacted pursuant to the provisions of the 1987 Philippine Constitution particularly:bis cee Page 2 of 6 Ord. No. 0417-12 - Article Il, Section 10 thereof which reads: “Section 10. The State shail promote social justice in all phases of national devetopment.” - Article Il, Section 11 thereof which reads. “Section 11. The state vatues the dignity of every human person and guarantees full respect for human rights.” - Article 1, Section 22 thereof which reads: “Section 22. The state recognizes and promotes the rights of indigenous cultural communities within the framework of National unity and development.” - Article II, Section I thereof, which reads: “Section I No person shall be deprived of fife, liberty and property without due process of law, nor shail any person be denied the equat protection of the laws.” - Article XIII, Section 3 thereof which, in part, reads: “Section 3. The state shall afford full protection to labor, tocal and overseas, organized and unorganized, and promote fult employment and full equality of empioyment opportunities for all. x x x x x x x Be x a as well as the generally accepted principles of international law such as those but not limited to the 1961 Declaration On the Elimination of Ail Forms of Intolerance and of Discrimination based on Religion or Belief, the 1993 UN General Assembly Resolution on Elimination of All Forms of Religious Intolerance and the International Convention on the Elimination of All Forms of Racial Discrimination; SECTION IL "ION OF T! 1. Discrimination - any act, or conduct which withholds, exctudes, restricts, curtails, demeans human dignity, or otherwise impairs the recognition, enjoyment and exercise of human rights and basic freedoms in the economic, labor, social, cultural, educational or any other field of public life based on sex, gender identity, sexual orientation, race, color, descent, national or ethnic origin, religious affiliation or beliefs; 2. Gender Identity — refers to a person having the emotional and psychological characteristics of the opposite sex as shown by, among others, his/her behavior and sexual attraction to members of his/her own sex, or to both sexes, whether he/she be a gay, lesbian, transsexual or bisemal; 3. Sexual Orientation — refers to the emotional or semal attraction or inclination of a person towards persons of his/her own sex, or both masculine and feminine sexes;pet eta Page 3 of 6 eo Ord. No. 0417-12 SECTION IV. ACT OF DISCRIMINATION, HOW COMMITTED- Discrimination is committed when a person withholds fom, excludes, restricts, curtails, demeans human dignity or otherwise impairs the recognition, enjoyment and/or exercise of a right or basic freedom, of another, to which others similarly situated or circumstanced are extended or which they are allowed to enjoy or exercise, in employment, education, shelter and delivery of basic goods and services, on the basis of national or ethnic origin, religious affiliation or belief, sex, gender identity, sexual orientation, descent, race, or color of the skin, and that the following constitute acts of discrimination and are therefore punishable: 1. By refusing employment to a job applicant or imposing onerous or ddueal feces legions white ata piael guage similarly situated or circumstanced, on the basis of ethnic origin, religious affiliation or belief, sex, gender identity, semal orientation, descent, race ot color of the skin; by denying or limiting access to an employee, opportunities for promotion, transfer, training, schooling or to any other benefit which are otherwise granted to othe employees similarly situated or circumstanced, on the basis of national or ethnic origin, religious affiliation or belief, sex, gender identity, semal orientation, descent, race or color of the skin; 2. 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; 3. By refusing to provide goods or services and/or imposing onerous terms of 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 origin, religious affiliation or belief, sex, gender identity, semal orientation, race and color of skin; 4. 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; 5. By subjecting either by verbal or written word or publication, to ridicule of 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 afitiation or belief, sex, gender identity, semal orientation, race or color of the skin; 6. By refusing entry into restaurants, bars, stores, movie houses, malls and other places of entertainment and businesses which are open to the feel public, or refusing or failing to attend to or serve the orders for food, drinks, beverages and other goods, consumable and non- consumable, to any person, by reason of his national or ethnic origin, religious afiliation or belief, gender identity, sexual orientation, race or color of his skin;yaa Page 4 of 6 : Ord. No. 0417-12 7. 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 and basic freedoms in the political, labor economic, social, cultural and educational spheres on the basis of ethnic origin, religious affiliation or belief, sex, gender identity, sexual orientation, race and color of his skin; SECTION V. PERSONS 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; SECTION VI. PENALTIES - Except for violations of the Labor Code of the Philippines involving the rights of women workers and employees which shall be punishable under the said Code, and for violations under Republic Act 7610, otherwise known as “Special Protection of Children Against Abuse, Exploitation and Discrimination Act”, involving rights of children of Indigenous Communities which are punishable under said act, the following penalties for violations of any provisions of this Ordinance are hereby imposed as follows: 1. Any person liable under this Ordinance shall be punished by admonition and a fine of One Thousand Pesos (P1,000.00); 2. A second conviction, for any of the acts punishable under this Ordinance, shall be penalized by a fine of Two Thousand Pesos (P2,000.00) and imprisonment for a period of not more than ten (10) days at the discretion of the court; 3. A third conviction or any conviction after two (2) previous convictions, shall be penalized by a fine of Five Thousand Pesos (P5,000.00} and imprisonment of fifteen (15) days; SECTION VII. ANTLDISC! \TION, LATION BOARD There is hereby created the Anti-Discrimination Mediation and Conciliation Board, otherwise known as the BOARD, composed of the following, namely: 1. City Mayor or his duly authorized permanent representative; 2. City Legal Officer or his duly authorized permanent representative; 3. Chairperson of the Committee on Civil, Political and Human Rights of the Sangguniang Paniungsod or his duly-authorized permanent representative; 4. Chairperson of the Committee on Labor and Employment Opportunities of the Sangguniang Panlungsod or his duly authorized permanent representative; 5. Chairperson of the Committee on Education, Science & Technology, Arts & Culture of the Sangguniang Pantungsod or his duly authorized permanent representative; 6. City Superintendent of City Schools of the Department of Education or his duly authorized permanent representative;Page 5 of 6 . - Ord. No. 0417-12 ~ Head of the Commission on Higher Education in Region XI or his duly authorized permanent representative, 8. Indigenous People’s Representative in the Sangguniang Panhungsod, 9. Head of the Office of Muslim Affairs of Davao City or his duly authorized permanent representative; 10, Head of the Department of Labor and Employment of Davao City or his duly authorized permanent representative; 11, President of the Davao City Chamber of Commerce and Industry or his duly authorized permanent representative, 12. Head of the Bishops-Ulama Conference or his duly authorized permanent representative; 13, President of the Davao Colleges and Universities Network in Davao City or his duly authorized permanent representative, 14. Head of the Coordinating Council of Private Education Association, Region XI or his duly authorized permanent representative. SECTION VIL 5 BY. is DISCRIMINATION MEDIATION AND CONCILIATION _BO: - The Anti- Discimination Mediation and Conciliation Board is hereby authorized and empowered to create such number of Sub-Boards as it deems necessary and proper to be composed of five (5) members with the City Mayor or his duly Enthorized permanent representative as chairperson and the City Legal Officer or his duly authorized permanent representative as Vice-Chairperson of each sub- board, with the three (3) remaining members to be chosen from the foregoing list in consonance with the nature or character of the complaint or issue to be subjected to mediation and conciliation proceedings; SECTION IX. MAIN/PRINCIPAL FUNCTION OF __THE. ANTI- DISCRIMINATION MEDIATION AND ‘CONCILIATION BOARD AND SUB-BOARD ~ ‘The Anti-Discrimination Mediation and Conciliation Board and Sub-Board are tasked to receive complaints concerning violations of any provision of this Ordinance, notify the parties concerned of the same, and mediate or conciliate the parties’ differences to the end that judicial, quasi-judicial, prosecutorial and administrative action is AVOIDED; SECTION X. EXHAUSTION OF ADMINISTRATIVE REMEDY — Unless the ‘Anti-Discrimination Mediation and Conciliation Board cettifies in writing that a complaint for violation of any of the provisions of this Ordinance has been brought fo its jurisdiction for mediation and conciliation purposes and that the same failed despite all diligent efforts, NO complaint or action of whatever kind — civil, Criminal, labor or administrative — shall be deemed actionable and proper for judicial, quasi-judicial, prosecutorial or administrative determination, except when the matter invoves the rights of women workers and employees contained in the Labor Code of the Philippines, in which case the provisions of the said Code shall apply, or unless the case falls within the coverage of Republic Act 7610, otherwise known as “Special Protection of Children Against Abuse, Exploitation and Discrimination Act’, particularly those involving the rights of Children of Indigenous Cultural Communities, in which case, said Republic Act shall apply,a eas gas Page 6 of 6 — Ord. No. 0417-12 SECTION XI. IMPLEMENTING RULES AND REGULATIONS - Within sixty a {60} days from the approval of this Ordinance, the City Legal Office, this City, shall promulgate the Implementing Rules and Regulations which shall govern the Mediation and Conciliation Proceedings from filing of the complaint up to the issuance of the certificate mentioned in the immediately preceding section which Implementing Rules and Regulations shall be submitted to the Sangguniang Panhungsod for approval; SECTION XI INFORMATION CAMPAIGN - Within thirty (30) days from the approval of this Ordinance, the City Information Office shall conduct an information campaign to apprise the public of the provisions of this ordinance, SECTION XII. SEPARABILITY CLAUSE - If any portion or provision of this Ordinance is declared void or unconstitutional, the remaining portions thereof shall not be affected thereby and shall remain in full force and effect; e SECTION XIV. EFFECTIVITY CLAUSE - This Ordinance shall take effect ten (10) days after its publication in a local newspaper of general circulation in the city and it’s posting in the Bulletin Board at the entrance of the City Hall and in two (2) other conspicuous places in the city, whichever comes later, either the publication or the posting, ENACTED, December 12, 2012, by @ unanimous vote of all the Members of the Sanggunian present e CERTIFIED CORRECT: “For and in the absence of the Acting Secretary” maa eee Acting Assistant Secretary (Local Legislative Staff Officer IV} ATTESTED: LAPSED OEEMED APPROVED AFTER THELAPSEI rE io) bays. PER SEESu Rk ioe SARA Z. na City Mayor #/ ATTESTED: ATTY. ZULEIKA T. LOPEZ, Acting City Administrator