SEVENTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES J
First Regular Session )

HOUSE OF REPRESENTATIVES

resT TON UNIT
House Bill No, 863 s3 aN NUEX SERVICE

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE

"Hate crime’ is a concept is rately used in the Philippines. The term was coined in the
1980s by US journalists who wished to describe a series of incidents against Aftican-
Americans, Jews and Asians, Also called a ‘bias crime’, it has been defined as a ‘triminal offense
committed against a person or property that is motivated, in whole or in part, by the offender's bias against
rave, religion, ethaicity/ national origin, sexual orientation or disability.”

Hate ctimes are predicated by an underlying offense (e.g, assault or vandalism), but
the penalty is aggravated because of the bias motivation, The debate has centered on
whether hate-crime laws punish thoughts rather than actions as it is difficult to deter
with legally acceptable certainty the motive behind a person’s criminal acts. In the Unit
States, there have been various First Amendment challenges to hate-crime statutes primarily
on the basis of vagueness. But in Wisconsin v. Mitchell, the US Supreme Court upheld the
validity of a hate-crime penalty enhancement since “if was motivated by the desire to address a
greater societal harm that is inflicted by bias-inspired conduct, not by an attempt to suppress fre speech.”

Just very recently, the deadliest hate crime was committed in Orlando Florida, USA.
50 people ended up dead with another 53 severely injured after just one person started
shooting mostly LGBT (Lesbians, Gays, Bisexuals and Trans-genders) persons in a nightclub
in the said city

‘This kind of a hate crime should not be allowed to even gain oot in the Philippines.

Under this measure, the Revised Penal Code would be amended to include hate
crimes as an aggravating circumstance. It would also include harsher punishments for hate
crimes and cntitle victims of violence under this measure to actual, compensatory, moral and
exemplary damages:

In this respect, the immediate consideration and passage of this billis earnestly
requested.

VICTORIA.
Representative, 2") District of Tarlac



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SEVENTEENTH CONGRES‘ )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session J

HOUSE OF REPRESENTATIVES

863

House Bill No. _©

Introduced by Representative Victor A. Yap

AN ACT
DEFINING HATE CRIMES, PRESCRIBING ITS PENALTY, ESTABLISHING
INSTITUTIONAL MEASURES FOR ITS PREVENTION AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines inCongress assembled.

SECTION 1. Short Title. - This Act shall be known as the ‘Anti-Hate Crime
Act’

SECTION 2. Definition of Hate Crime. - A hate ctime is a criminal act
provided under Titles 8 (Crimes Against Persons), 9 (Crimes Against Personal Liberty and
Security) and 10 (Crimes Against Property) in Book Two of the Revised Penal Code

committed against any person b

ause of his actual or perceived race, religion, ethnicity,
sexual orientation, gender, gender identity, or disability.

SECTION 3. Aggravating Circumstance. - In criminal acts provided under
Titles 8, 9 and 10 in Book ‘Iwo of the Revised Penal Code, the offender shall suffer the
penalty next higher in degree than those provided in the said titles when committed against
, religion, ethnicity

any person because of his actual or perceived ual orientation,

gender, gender identity, or disability

For the purpose of this Act, the offended party must be intentionally selected
because of his personal characteristics.

SECTION 4. Prohibited Defense. - Being under the influence of alcohol, any
illicit drug or any mind-altering substance shall not be a defense under this Act.

SECTION 5. Duties of Barangay Officials and Law Enforcers. - Barangay

officials and law enforcers shall have the following duties:


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a) Respond immediately to a call for help or request for assistance or protection of the

victim by cntering the dwelling if necessary to ensure the safety of the victim;

b) Confiseate any deadly weapon in the possession of the perpetzator or within plain views

©) Transport o escort the victim to a safe place of their choice or to a clinic or hospital;

) Assist the barangay officials and other government officers and employees who respond
toa call for helps

©) Arrest the suspected perpetrator without a warrant when any of the acts of violence
defined by this Act is occurring, or when he has personal knowledge that any act of
abuse has just been committed, and there is imminent danger to the life or limb of the

victim as defined in this Act; and,

f) Immediately report the call for as

sment or assistance of the Department of Social

Welfare and Development (DSWD), Social Welfare Department of the local
government unit (LGU) concerned or accredited non-government organizations

(NGOs),

Any barangay official or law enforcer who fails to report the incident shall be liable
for a fine not exceeding Ten thousand pesos (P 10,000.00 ) or whenever applicable, criminal,
civil or administrative liability

SECTION 6. Duties of Other Government Agencies and LGUs, ~ Other
government agencies and LGUs shall establish programs such as, but not limited to,
education and information campaign and seminars or symposia on the nature, causes,
incidence and consequences of hate crimes particularly towards educating the public on its
social impact

It shall be the duty of the concerned government agencies and LGUs to ensure the
sustained education and training of their officers and personnel on the prevention of hate
crimes,

SECTION 7. Persons Intervening Exempt from Liability, - In every case of

violence against women any victim as herein defined, any person, private individual or police

authority or barangay official who, acting in accordance with law, responds oF intervenes


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without using violence or restraint greater than necessary to ensure the safety of the victim,

shall nor be liable for any criminal, civil or administrative liability resulting therefrom.
SECTION 8. Rights of Victims, ~ In addition to their rights under existing laws,

vietims under this Act shall have the following rights

a) To be treated with respect and dignity,

b) To avail of legal assistance from the Public Atorney’s Office (PAO) of the Department

of Justice (DO)) ot any public legal assistance office;
©) Tobe entitled to support services from the DSWD and LGUs concerned; and,
4) To be informed of their rights and the services available to them including their right to
apply for a protection order.

SECTION 9. Damages. — Any victim of violence under this Act shall be
entitled to actual, compensatory, moral and exemplary damages.

SECTION 10, Hold Departure Order, - The court shall expedite the process
of issuance of a hold departure order in hate crime cases prosecuted.

SECTION 11, Appropriation. — Such amount as may be necessary for the
continued implementation of this Act shall be included in the annual General
Appropriations Act or in respective annual budgets of the LGUs.

SECTION 12, Implementing Rules and Regulations... Within ninety (90) days
from the promulgation of this Act, the Department of Interior and Local Government and
the DOJ shall promulgate the rules and regulations necessary for the effective
implementation of this Act.

SECTION 13. Separability Clause. - 1¢ any part, section or provision of this
‘Act shall be held invalid or unconstitutional, the other provisions not affected thereby shall
remain in full force and effect.

SECTION 14. Repealing Clause. ~All laws, decrees, executive orders, rules
and regulations or issuances or parts thereof inconsistent with the provisions of this Act, are

hereby modified or repealed accordingly


SECTION 15. Effectivity.- ‘This Act shall take effect fifteen (15) days after its

full publication in the Officia
circulation

APPROVED.

cette or in at least two (2) newspapers of general