unit 4.7: republic act 11166 article VII

Discriminatory Acts & Practices & Corresponding Penalties

Article VII

Discrimination in the **Workplace**

**Section 49.** *Discriminatory Acts and Practices.*

**The rejection of job application, termination of employment**, or other discriminatory policies in hiring, provision of employment and other related benefit, promotion or assignment of an individual

Discrimination in **Learning Institution**

**Section 49.** *Discriminatory Acts and Practices.*

**Refusal of admission, expulsion, segregation, imposition of harsher disciplinary actions, or denial of benefits or services of student** or a prospective student

Restriction on **Travel and Habitation**

**Section 49.** *Discriminatory Acts and Practices.*

Restrictions on t**ravel within the Philippines**, **refusal of lawful entry** to Philippine territory, deportation from Philippines, or the quarantine or enforced isolation of travelers

Restrictions on **Shelter**

**Section 49.** *Discriminatory Acts and Practices.*

Restrictions on **housing or lodging**, whether permanent or temporary

Prohibition from **Seeking or Holding Public Office**

**Section 49.** *Discriminatory Acts and Practices.*

Prohibition on the right to **seek an elective or appointive public office**

Exclusion from **Credit and Insurance Services**

**Section 49.** *Discriminatory Acts and Practices.*

Exclusion from **health, accident or life insurance**, or **credit and loan service**s, including the extension of such loan or insurance facilities, of an individual

**Discrimination** in Hospitals and Health Institutions

**Section 49.** *Discriminatory Acts and Practices.*

**Denial of health services**, or being charges with a higher fee

Denial of **Burial Services**

**Section 49.** *Discriminatory Acts and Practices.*

Denial of **embalming and burial services** for a decease person who had HIV and AIDS

Act of **Bullying**

**Section 49.** *Discriminatory Acts and Practices.*

Bullying in all forms, including name-calling, upon a person based on actual, perceived, or suspected HIV status, including bullying in social media and other online portals

**imprisonment:** one (1) year but not more than ten (10) years

**fine:** P50,000 - P500,000

**Section 50.** *Penalties*

* Section 22 of this Act on **misinformation** on HIV and AIDS

**imprisonment:** (5) years imprisonment. but not more than ten (10) years

**fine:** P500,000 - P5,000.000

**Section 50.** *Penalties*

* offender is a **manufacturer, importer or distributor of any drugs**, devices, agents, and other health products

**imprisonment:** six (6) years to twelve (12) years

**Section 50.** *Penalties*

* Any person who knowingly or negligently **causes another to get infected** with HIV
* compelled any person to undergo HIV testing **without his or her consent**

**imprisonment:** six (6) months to five (5) years

**fine:** P100,000 - P500,000

**Section 50.** *Penalties*

* Section 41 of this Act, on the **protection of HIV educators**

**imprisonment:** six (6) months to five (5) years

**fine:** P50,000

**Section 50.** *Penalties*

* Section 42 of this Act on **health insurance** and similar services

**imprisonment:** Six (6) months to two (2) years

**fine:** P50,000 - P150,000

**Section 50.** *Penalties -* __*Section 44*__

* **any person** who breaches confidentiality

**imprisonment:** Two (2) years and one (1) day to five (5) years

**fine:** P150,000 - P350,000

**Section 50.** *Penalties -* __*Section 44*__

* any person who causes the **mass dissemination** of the HIV status of a person

**imprisonment:** Five years and one (1) day to seven (7) years

**fine:** P350,000 - P500,000

**Section 50.** *Penalties -* __*Section 44*__

* any **health professional** who breaches confidentiality

**imprisonment:** Six (6) months to five (5) years

**fine:** P50,000 - P500,000

**Section 50.** *Penalties*

* Section 49 on **discriminatory** acts and practices

face **liability** under Articles 19, 20, 21 and 26 of the new Civil Code of the Philippines and relevant provisions of Republic Act No. 10173

**Section 50.** *Penalties*

* Any person who has obtained knowledge of confidential HIV and AIDS information and uses such information to malign or cause damage injury, or loss to another person

imposed upon the responsible officers and employees

**Section 50.** *Penalties*

* offender is a **corporation, association, partnership** or any other **juridical persons**

be **deported** without further proceedings after serving penalties

**Section 50.** *Penalties*

* alien

suffer perpetual or temporary absolute **disqualification from office**

**Section 50.** *Penalties*

* public official or employee

Penalties Collected

**Section 51.**

* penalties collected pursuant to this section shall be put into a **special fund** to be administered by the PNAC, and shall be use for initial interventions required to address gaps in the national response