FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENfgsg 
S.No. ___ _ 
r 11/ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The equal protection clause in the Bill of Rights prescribes discrimination on the basis of 
sexual orientation or any other status in the enjoyment of rights. The equal protection clause, 
according to an eminent constitutionalist, "is the specific constitutional guarantee of the equality 
of the person." (J. Bernas, S.J., Constitutional Rights and Social Demands: Notes and Cases, Vol. 
II [1991], p. 48) This clause requires that "laws operate equally and uniformly on all persons 
under similar circumstances or that all persons must be treated in the same manner, the 
conditions not being different, both in the privileges conferred and the liabilities imposed." (JM 
Tuason and Co. v. The Land Tenure Administration, 31 SCRA 413 (1970». 
The fundamental law also declares that the State values the dignity of every human 
person and guarantees full respect for human rights (1987 Constitution, Article 2, Section 3). It 
also imposes on the State the duty to ensure the fundamental equality before the law of women 
and men (Sec. 14, Id.). In addition, the Philippines is a signatory to numerous international 
agreements that seek to ensure respect for the human rights of all persons regardless of sex, 
sexual orientation or any other condition. 
Unfortunately, reality still has to catch up with the noble intentions of these numerous 
laws. Lesbians and gays continue to be oppressed by iniquitous treatruent of society at large, 
primarily because of misconceptions and ignorance. 
Hence, this bill seeks to prohibit discrimination on the basis of sexual orientation. I 
1 This bill was re-filed during the Thirteenth Congress, First Regular Session. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.No. 1559 
. " -~ 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION AND 
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PROVIDING PENALTIES THEREFORE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known and cited as the "Anti-Sexual 
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Orientation Discrimination Act." 
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SECTION 2. Declaration of Policy. - It is the policy of the State to work actively for the 
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elimination of all forms of discrimination that offends the equal protection clause of the Bill of 
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Rights and the State obligations under human rights instruments acceded to by the Republic of 
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the Philippines, particularly those discriminatory practices as defined herein shall be prescribed 
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and penalized. 
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SECTION 3. Sexual Orientation, Defined. - For the purposes of this Act, sexual 
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orientation refers to the choice of or the focus given by a person to another as the object of 
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affection and/ or sexual energies, such other person not necessarily belonging to the opposite sex, 
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as in the case of homosexuals. 
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SECTION 4. Discrimination Practices. - It shall be unlawful for any person, group, 
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institution or establishment to: 
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(A) Deny access to public service, including military service, to any person on the 
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basis of sexual orientation; 
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(B) Include sexual orientation in the criteria for hiring, promotion and dismissal 
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of workers, as well as in the determination of employee compensation, training, 
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incentives, privileges, benefits or allowances, and other terms and conditions of 
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employment; 
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(C) Refuse admission of a person to educational institutions on the basis solely of 
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the applicant's sexual orientation, without prejudice to the right of educational 
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institutions to determine the qualifications of their students; 
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(D) Deny a person access to medical and other health services open to the general 
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public on the basis of such person's sexual orientation; 
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(E) Deny an application for a professional license issued by the government due 
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to the applicant's sexual orientation; 
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(F) Deny a person access to or the use of establishments, facilities, utilities or 
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services open to the general public on the basis of his or her sexual orientation; for this 
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purpose, there is a denial when a person is given inferior accommodation or services; 
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(0) Deny an application for a license, clearance, certification or any other 
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document issued by governmental authorities on the basis of the applicant's sexual 
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orientation; and 
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(H) Other practices similar to the foregoing. 
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SECTION 5. Penalties. - (A) Persons found guilty of any of the discriminatory practices 
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enumerated in the preceding Section shall be penalized with a fine of not less than Ten Thousand 
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Pesos (PIO,OOO.OO) or imprisonment of not less than one (1) month but not more than one (I) 
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year, or both at the discretion of the court. 
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(B) The penalty contained herein is without prejudice to the award of damages to the 
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aggrieved party, as may be proven during the trial. The institution of a criminal action shall 
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impliedly include the civil action, unless a separate civil action has been filed or a reservation for 
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the filing of such action is made. 
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(C) The official directly involved shall be liable for violations committed by 
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corporations, organizations, or similar entities. 
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SECTION 6. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and SUbsisting. 
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SECTION 7. Repealing Clause: - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 8. EffectiVity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
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Approved. 
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