SENAT 
S.B. No. 
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 m y  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. Bemas, S.J., 
Constilutionml Rights and Social Demands: Notes and Cases, 
Vol. I1 [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.” (J.M. 
Tuason and Co. vs. The Land Tenure Administration, 31 SCRA 413). 
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 (Sa: -14, Icl,).:Tn 
-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 my 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 treatment of society at large, 
primarily because of misconceptions and ignorance. 
Hence, this bill seeks to prohibit discrimination on the basis of sexual orientatio . 1. . 
L1*6?, 
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THIRTEENTH CONGRESS OF THE REPlJBLIC 
First Regular Session 
’04 p415 -4 0 
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OF THE PHILIPPDIES 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING PENALTIES THEREFORE 
PROHIBITING DISCRIMINATION ON THE BASIS 
Be it enncted by the Senate and the House of 
Congress assembled: 
SECTION 1. Title. - This Act shall be lolown and cited as the “Anti-Discrimination Act.” 
SECTION 2. Declaration ofpolicy. - It is the policy of the State to work actively for the 
elimination of all forms of discrimination that offends the equal protection clause of the Bill of 
Rights and the State obligations under human rights instruments acceded to by the Republic of 
the Philippines, particularly those discriminatory practices as defined herein shall be prescribed 
and penalized. 
SECTION 3. Sexual Orientation, Defined. - For the purposes of this Act, sexual 
orientation refers to the choice of or the focus given by a person to another as the object of 
affection and/ or sexual energies, such other person not necessarily belonging to the opposite sex, 
as in the case of homosexuals. 
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.- 
de. 
SECTION 4. Discrimination Practices. - It shall be unlawful for any person, group, 
institution or establislment to: 
(1) Deny access to public service, including military service, to any pe 
basis of sexual orientation; 


to the applicant’s sexual orientation; 
(6) Deny a person access to or the use of establishments, facilities, 
services open to the general public on ihe basis of his or her sexual orientation; for this 
SECTION 5. Penalties. - (1) Persons found guilty of any of the discriminatory practices 
enumerated in the preceding Section shall be penalized with a fine of not less than Ten Thousand 
Pesos (Pl0,OOO.OO) or imprisonment of not less than one (1) month but not more than one (1) 
year, or both at the discretion of the court. 
(2) The penalty contained herein is without prejudice to the award of damages to 
the aggrieved party, as may be proven during the trial. The institution of a criminal action shall 
impliedly include the civil action, unless a separate civil action has been filed or a reservation for 
the filing of such action is made. 
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(3) The official directly involved shall be liable for violations committed by 
corporations, organizations, or similar entities, 
utilities or 
purpose, 
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SECTION 6. Sepnvability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 8.Ef~cfiviiyCInuse.- ThisActshalltakeeffectfifteen(15)daysafterits 
publication in at least two (2) newspapers of general circulation. 
Approved 
11863