FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 12, Section 3( 1), provides: 
, 
SEC. 12. 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. 
J 
Health care has always been last among the priorities of many Filipino families. In many 
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 
the Code which penalizes the employer for any discriminatory acts. Absent any criminal liability, 
employers will not be deterred to observe such public policy. 
Hence, this bill seeks to establish criminal liability for unlawful discrimination III 
employment on account of a person's race, gender, or religion.' 
~'-- 4:h . 
.4~ .Dy~ 
~IRIAM DEFL:JSSOR slff/TI¥U 
* This bill was originally filed during the Thirteenth Congress, First Regular SesslOll. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN1lr39 
S.No. ___ _ 
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Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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TO ESTABLISH CRIMINAL LIABILITY FOR UNLAWFUL DISCRIMINATION 
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BASED ON DISPARATE TREATMENT 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
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Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Anti-Discrimination Act." 
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SECTION 2. Criminal Liability. - An employer who intentionally treats an employee 
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worse than another because of that person's race, gender, or religion, shall, upon first conviction, 
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be guilty of a misdemeanor and punishable by a fine not to excess Twenty Thousand Pesos 
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(P20,000.00) if an individual or Two Hundred Thousand Pesos (P200,000.00) if a corporation. 
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A subsequent conviction of a defendant under this Section regarding conduct within five (5) 
. 12 
years of the first conviction shall be a felony punishable by a fine not to exceed Forty Thousand 
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Pesos (P40,000.00) if an individual, or Four Hundred Thousand Pesos (P400,000.00) if a 
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corporation, and imprisonment not to exceed six (6) months, or both, if that subsequent 
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conviction is determined by the court to involve conduct substantially similar to the conduct of 
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the first offense. 
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SECTION 3. Treatment. - An employer is deemed to have committed criminal liability if 
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such employer shall commif any of the unfair labor practices enumerated in the Labor Code, 
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deprive an employee of benefits and privileges accorded to other employees of similar rank or 
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status or any other similar acts. 
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SECTION 4. Separability Clause. - If any provisions 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 5. 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 provision of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (\5) 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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