Republika ng Pilipinas

LUNGSOD NG DABAW
Tanggapan ng Sangguniang Panlungsod

ORDINANCE NO. ______

Series of 2018

AN ORDINANCE RECOGNIZING THE RIGHT OF MUSLIM WOMEN TO WEAR

HIJAB, NIQAB, OR BURQA IN SCHOOL CAMPUSES, WORKPLACES,
COMMERCIAL ESTABLISHMENTS AND OTHER PRIVATE OR PUBLIC PREMISES
AND PROHIBITING UNLAWFUL DISCRIMINATION AND UNREASONABLE
RESTRICTION THEREOF AND PROVIDING PENALTIES THERETO.

Be it ordained by the Sangguniang Panlungsod of Davao City in session

assembled that:

ARTICLE I
GENERAL PROVISIONS

SECTION 1. TITLE. This ordinance shall be known as “The Hijab Ordinance of

Davao City”.

SECTION 2. PURPOSE. The purpose of this Ordinance is to promote and protect the
right, well-being and religious belief of Muslim women to wear hijab, niqab or burqa in
school campuses, workplaces, commercial establishments and other private or public
premises in the course of their formal education, employment, personal transactions, or
practice of their profession in deference to the religious beliefs, customs and traditions
of the Muslim community in Davao City.

SECTION 3. AUTHORITY AND BASIS. This Ordinance is enacted pursuant to the

provisions of the 1987 Constitution, particularly:

- ARTICLE 2, SECTION 11. The State values the dignity of every human person
and guarantees full respect for human rights.

- ARTICLE 2, SECTION 26. The State shall guarantee equal access to

opportunities for public service, and prohibit political dynasties as may be defined
by law.

- ARTICLE 3, SECTION 5. No law shall be made respecting an establishment of

religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.

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 as well as the provisions of DepEd Order No. 32, “Strengthening the Protection
of Religious Rights of Students” and Ordinance No. 0417-12 or also known as
“The Anti-Discrimination Ordinance of Davao City.”

SECTION 4. SCOPE. This Ordinance shall apply to all Muslim women wearing hijab,
niqab or burqa in Davao City.

PROVIDED, that this recognizes the right of every institution to promulgate rules,
policies, and regulations for security and general protection. In line with the foregoing,
the one wearing hijab, niqab or burqa shall cooperate to reasonable security measures,
such as, submit themselves to a female security officer, or open/remove cover for facial
recognition, when deemed necessary for checking, upon entry to the premises of the
establishment.

SECTION 5. DEFINITION OF TERMS

1. Commercial Establishment – An establishment used for commercial purposes,

such as but not limited to banks and financial institutions, public and private
offices, shops, hotels, malls, restaurants, stores, supermarkets, and other
establishments with common business areas.

2. Hijab – This is a veil worn by Muslim women in public covering the head,
shoulders, and chest of a woman; a religious obligation believed to protect
women from being seen by men except by their closest male relatives. (see
Appendix A)

3. Niqab – It is a face veil worn by Muslim women in public as religious obligation,

almost similar to hijab, but leaving only the eyes uncovered. (see Appendix A)

4. Burqa – An outer garment worn by Muslim women to cover themselves in public

as religious obligation, which covers from head down to the body, including the
entire face, with only a mesh screen allowing them to see. (see Appendix A)

5. Institution – This refers to organization that regulates the school, business or

workplace, whether public or private.

6. Premises – Generally an indoor or outdoor area, whether privately or publicly

owned, to which the public have access such as but not limited to streets,
highways, and the common areas of schools, hospitals, office buildings, transport
facilities, and shops.

7. Transactions – This refers to any connections, business, trade, dealings,

industries which a Muslim woman engages to.

ARTICLE II
DECLARATION OF POLICY
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SECTION 6. PROHIBITED ACTS

Hijab, Niqab or Burqa is a veil worn by Muslim women as a religious obligation

covering them from head down to body. It reinforces respect and chastity and
maintains a decent and modest interaction between men and women.

It shall be unlawful for any person, group of person, organization, or institution

covered by this ordinance to:

a) refuse a Muslim woman wearing hijab, niqab or burqa to enter the school
campuses, workplace, commercial establishments and/or other private or public
premises by reason of wearing hijab, niqab or burqa;

b) discourage a female student to wear hijab, niqab or burqa during school days,
whether in their regular classes or in performing their extra-curricular activities
such as but not limited to participating in celebrations, contests, and sports;

c) discourage/ prohibit the Muslim woman from wearing hijab, niqab or burqa in
the performance of her job at the workplace or include it as a condition of work
or grounds for termination.

ARTICLE III
IMPLEMENTATION

SECTION 7. IMPLEMENTING BODY

The Office of Cultural Communities Affairs under the Office of City Mayor is
hereby mandated to ensure faithful implementation of the provisions of this Ordinance.
For this purpose, the aforesaid office shall perform the following:

a) To disseminate public information of the right of Muslim women to wear

hijab, niqab or burqa in the school campuses, workplace, commercial
establishments and other private or public premises in the course of their
activities, formal education, personal transactions, or practice of their
profession in deference to the religious beliefs, customs and traditions of
the Muslim community in Davao City.

b) To accept any complaints in violation of this Ordinance and to notify

offender of such complaint/s;

c) To conduct mediation and conciliation proceeding between the

complaint/s and the alleged violator/s preferably within seven working
days upon receipt of the complaint;

d) To assist the offended party, upon its request, in seeking remedy, issue
recommendations and refer the complaint to appropriate body for
purposes of formal investigation for violation of the instant ordinance.

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SECTION 8. PENALTIES. Any person who commits any of the prohibited acts or
violates any provision of this Ordinance shall be criminally liable as follows:

a) First Offense – the offender shall be reprimanded by the Office of Cultural

Communities Affairs under the Office of City Mayor;

b) Second Offense – the offender shall be penalized by a fine of One Thousand

Pesos (P1,000.00);

c) Third Offense – the offender shall be penalized by a fine of Three Thousand

Pesos (P3,000.00) and/ or imprisonment for twenty (20) days at the discretion of
the Court.

SECTION 9. SEPARABILITY CLAUSE. If any provision of this Ordinance or its

application to any person or circumstance is declared unconstitutional, or inconsistent
with national laws, the other unaffected provisions of this Ordinance shall remain in full
force and effect.

SECTION 10. REPEALING CLAUSE. Any Ordinance, local issuances or rules and
regulations inconsistent with the provision of this Ordinance are hereby repealed or
modified accordingly.

SECTION 11. EFFECTIVITY. This Ordinance shall take effect fifteen (15) days
following its publication in a newspaper of general circulation and its posting for three
(3) consecutive weeks at any conspicuous places at City Hall.

ENACTED, ________________, by a majority vote of all Members of the Sangguniang

Panlungsod

Proponent:

HON. BAI HALILA Y. SUDAGAR

Chair, Committee on Cultural Communities and Muslim Affairs
Indigenous Peoples Mandatory Representative
City Councilor

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Appendix A

Hijab Niqab Burqa