FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
S. B. No. ,'!. 3 2 6 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article XII, Section 3( l), provides: 
The State shall afford full protection to labor, local and overseas, 
organized and unorganized, and promote full employment and equality of 
employment opportunities of all. 
Discrimination in employment on account of a person's race, gender, or religion is 
inimical to public interest and policy. 
Discrimination in employment discourages labor productivity, prevents the maximum 
utilization of available labor resources, tends to cause labor disputes, and constitutes an unfair 
labor practice. 
Although the Labor Code abhors discrimination in employment, there is no provision in 
Absent any criminal 
the Code which penalizes the employer for any discriminatory acts. 
liability, employers will not be deterred to observe such public policy. 
Hence, this bill seeks to establish criminal liability for unlawful discrimination in 
employment on account of a person's race, gender, or religion.* 
* This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
‘7 
J& 211 
11: :i 1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO ESTABLISH CRIMINAL LIABILITY FOR UNLAWFUL DISCRIMINATION 
BASED ON DISPARATE TREATMENT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Anti-Discrimination Act.” 
SECTIN 2. Criminal Liability. - An employer who intentionally treats an employee 
worse than another because of that person’s race, gender, or religion, shall, upon first conviction, 
be guilty of a misdemeanor and punishable by a fine not to excess Twenty Thousand Pesos 
(P20,OOO.OO) if an individual or Two Hundred Thousand Pesos (P200,OOO.OO) if a corporation. 
A subsequent conviction of a defendant under this Section regarding conduct within five (5) 
years of the first conviction shall be a felony punishable by a fine not to exceed Forty Thousand 
Pesos (P40,OOO.OO) if an individual, or Four Hundred Thousand Pesos (P400,OOO.OO) if a 
corporation, and imprisonment not to exceed six (6) months, or both, if that subsequent 
conviction is determined by the court to involve conduct substantially similar to the conduct of 
the first offense. 
SECTION 3. Treatment. - An employer is deemed to have committed criminal liability if 
such employer shall commit any of the unfair labor practices enumerated in the Labor Code, 
deprive an employee of benefits and privileges accorded to other employees of similar rank or 
status or any other similar acts. 
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SECTION 4. Sepavability Clause. - If any provisions 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 5. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provision of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 6. Efectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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