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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
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Second Regular Session 
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SENATE 
S. No. 
2463 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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DEFINING HATE CRIMES, PRESCRIBING ITS PENALTY, ESTABLISHING 
INSTITUTIONAL MEASURES FOR ITS PREVENTION AND FOR OTHER 
PURPOSES 
EXPLANATORY NOTE 
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The Constitution, Article 2, Section 5 provide: 
SEC. 5. The maintenance ~ peace and order, the 
protection of life, liberty, J~ property, and the 
promotion of the general welfare are essential for the 
enjoyment by all the people of the blessings of 
democracy. 
Hate crime is an often ignored crime in our country's law enforcement 
system. While the traditional crimes as those provided under the Penal Code are 
enforced regularly, the fact that they are committed against people of other race, 
religion, sexual orientation, gender, gender identity, or persons of disability are 
often overlooked. A special class of crime must be established for hate crimes 
because these crimes will not otherwise be committed if not for the personal 
characteristics or circumstances of the victim. Our law must address the fact that it 
is hatred towards those who are different which fuels the criminal intent. Rather 
than understand and lessen the penalty to the offended party, our law must impose 
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a heavier penalty for hate crimes to discourage not only the criminal acts, but the 
culture of hatred. 
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An educational campaign must also be established to encourage an inclusive 
mentality and understand that each and ev\one of us plays a significant role in 
nation building and that hatred and bigotry has no place in our society. 
The recent murder of transgender Jennifer Laude is but an illustration of a 
culture of hatred directed against those who are different. 
The LGBT Crime Watch, citing a study by its leaders Marlon Toledo 
Lacsamana and Reighben Earl Wysten Mendoza Labilles, said that at least 103 
LGBTs have been killed in the Philippines since 1996 -
28 of whom were 
murdered during the first half of 20 II alone. "The brutalities done to the murdered 
LGBT Filipinos are also suggestive that they were victims of hate crime," said the 
LGBT Crime Watch. I 
This bill prescribes a higher penalty for cnmes committed by persons 
motivated by hatred against people of other race, religion, sexual orientation, 
gender, gender identity, or persons of disability. It also establishes a program to 
educate our community against the evils of hate crimes. Finally, it mandates our 
agencies to be more vigilant III apprehencrtng and prosecuting offenders while 
protecting the victims. 
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~IRIAM DEF~~ 
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1 Tan, Kimberly Jane. LOBTs eXpress alarm over possible hate crimes. OMA Network News. 7 November 2014. 
http://www.gmanetwork.com/ncws/stol.y/224596/news/nationIlgbts-express-atarm-over-possible-hate-crimes 
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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
NOV 18 Pl:49 
SENATE 
So No. 
2463 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
AN ACT 
DEFINING HATE CRIMES, PRESCRIBING ITS PENALTY, ESTABLISHING 
INSTITUTIONAL MEASURES FOR ITS PREVENTION AND FOR OTHER 
PURPOSES 
Act." 
SECTION 1. Short Title. -This act shall be known as the "Anti-Hate Crime 
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SECTION 2 .. Definition of Hate C~ime. - A hate crime is a criminal act 
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provided under Titles 8, 9, and 10 in Book Two of the Revised Penal Code 
committed against any person, because of his/her 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 lOin Book Two of the Revised Penal Code, the offender shall 
suffer next higher in degree than those provided in the said titles when committed 
against any person, because of his/her actual or perceived race, religion, ethnicity, 
sexual orientation, gender, gender identity, or disability. 
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For the purpose of this Act, the offended party must be intentionally selected 
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because of his/her personal characteristics 
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SECTION 4. Prohibited Defense. - Being under the influence of alcohol, 
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any illicit drug or any mind altering substance shall not be a defense under this 
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Act. 
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SECTION 5. Duties of Barangay o~als and Law Enforcers. - Barangay 
officials and law enforcers shall have the following duties: 
1. respond immediately to a call for help or request for assistance or 
protection of the victim by entering the dwelling if necessary whether or 
not a protection order has been issued and ensure the safety of the 
victim/s; 
2. confiscate any deadly weapon in the possession of the perpetrator or 
within plain view; 
3. transport or escort the victim/s to a safe place oftheir choice or to a clinic 
or hospital; 
4. assist the barangay officials and other government officers and 
employees who respond to a call for help; 
5. arrest the suspected perpetrator without a warrant when any of the acts of 
violence defined by this Act is oc~urring, or when he/she has personal 
knowledge that any act of abus\as just been committed, and there is 
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imminent danger to the life or limb of the victim as defined in this Act; 
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and 
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6. immediately report the call for assessment or assistance of the DSWD, 
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Social Welfare Department of LGUs or accredited non-government 
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organizations (NGOs). 
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Any barangay official or law enforcer who fails to report the incident shall 
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)Je liable for a fine not exceeding Ten Thousand Pesos (PIO,OOO.OO) or whenever 
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applicable, criminal, civil or administrative liability. 
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SECTION 6. Duties of Other Government Agencies and LGUs. - Other 
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government agencies and LGUs shall establish programs such as, but not limited 
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to, education and information campaign and seminars or symposia on the nature, 
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causes, incidence and consequences of hate crimes particularly towards educating 
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the public on its social impacts. 
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It shall be the duty of the concerned government agencies and LGUs to 
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ensure the sustained education and training~ their officers and personnel on the 
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prevention of hate crimes. 
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SECTION 7. Persons Intervening Exemptfrom Liability. - In every case of 
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violence against women and their children as herein defined, any person, private 
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individual or police authority or barangay official who, acting in accordance with 
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law, responds or intervenes without using violence or restraint greater than 
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necessary to ensure the safety of the victim, shall not be liable for any criminal, 
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civil or administrative liability resulting therefrom. 
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SECTION 8. Rights of Victims. - In addition to their rights under existing 
laws, victims of violence against women and their children shall have the 
following rights: 
1. to be treated with respect and dignity; 
2. to avail of legal assistance form the P AO of the Department of Justice 
(DOJ) or any public legal assistance office; 
3. to be entitled to support services for.;n the DSWD and LGUs; and 
4. to be informed of their rights and the services available to them including 
their right to apply for a protectio~der. 
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 Clause. - Such amount as may be necessary 
for the continued implementation of this Act shall be included in the annual 
General Appropriations Act. 
SECTION 12. Implementing Rules and Regulations. - Within ninety (90) 
days from the promulgation of this Act, the Department of Interior and Local 
Government shall fotmulate the Implementing Rules and Regulations of this Act. 
SECTION 13. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
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contrary to or is inconsistent with the. provisi"on of this Act is hereby repealed, 
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modified, or amended accordingly. 
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SECTION 14. Separability Clause. - If any part or provision of this Act 
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shall be declared unconstitutional or invalid, other provisions hereof which are not 
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affected thereby shall continue to be in full force and effect. 
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SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) 
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days after its publication in at least two (2) newspapers of general circulation. 
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Approved, 
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