SIXTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES
)
Second Regular Session
)
SENATE
S. No. __________
_________________________________________________________________
Introduced by Senator Miriam Defensor Santiago
__________________________________________________________________
AN ACT
DEFINING HATE CRIMES, PRESCRIBING ITS PENALTY, ESTABLISHING
INSTITUTIONAL MEASURES FOR ITS PREVENTION AND FOR OTHER
PURPOSES
EXPLANATORY NOTE
The Constitution, Article 2, Section 5 provide:
SEC. 5. The maintenance of peace and order,
protection of life, liberty, and property, and
promotion of the general welfare are essential for
enjoyment by all the people of the blessings
democracy.

the
the
the
of

Hate crime is an often ignored crime in our countrys 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

1
2

a heavier penalty for hate crimes to discourage not only the criminal acts, but the
culture of hatred.
An educational campaign must also be established to encourage an inclusive
mentality and understand that each and everyone 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 2011 alone. "The brutalities done to the murdered
LGBT Filipinos are also suggestive that they were victims of hate crime," said the
LGBT Crime Watch. 1
This bill prescribes a higher penalty for crimes 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 in apprehending and prosecuting offenders while
protecting the victims.
MIRIAM DEFENSOR SANTIAGO

11 Tan, Kimberly Jane. LGBTs express alarm over possible hate crimes. GMA Network News. 7 November 2014.
2http://www.gmanetwork.com/news/story/224596/news/nation/lgbts-express-alarm-over-possible-hate-crimes

3
4

SIXTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES
)
Second Regular Session
)
SENATE
S. No. __________
__________________________________________________________________
Introduced by Senator Miriam Defensor Santiago
__________________________________________________________________
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
1
AN ACT
2 DEFINING HATE CRIMES, PRESCRIBING ITS PENALTY, ESTABLISHING
3 INSTITUTIONAL MEASURES FOR ITS PREVENTION AND FOR OTHER
4
PURPOSES

SECTION 1. Short Title. This act shall be known as the Anti-Hate Crime

6Act.

SECTION 2. . Definition of Hate Crime. A hate crime is a criminal act

8provided under Titles 8, 9, and 10 in Book Two of the Revised Penal Code
9committed against any person, because of his/her actual or perceived race, religion,
10ethnicity, sexual orientation, gender, gender identity, or disability.

11

SECTION 3. Aggravating Circumstance. In criminal acts provided under

12Titles 8, 9, and 10 in Book Two of the Revised Penal Code, the offender shall
13suffer next higher in degree than those provided in the said titles when committed
14against any person, because of his/her actual or perceived race, religion, ethnicity,
15sexual orientation, gender, gender identity, or disability.

1
2

For the purpose of this Act, the offended party must be intentionally selected

2because of his/her personal characteristics

SECTION 4. Prohibited Defense. Being under the influence of alcohol,

4any 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

6officials 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

10

11
12

13
14

15
16

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 of their 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;

17

5. arrest the suspected perpetrator without a warrant when any of the acts of

18

violence defined by this Act is occurring, or when he/she has personal

19

knowledge that any act of abuse has just been committed, and there is

20

imminent danger to the life or limb of the victim as defined in this Act;

21

and

1
2

6. immediately report the call for assessment or assistance of the DSWD,

Social Welfare Department of LGUs or accredited non-government

organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall

5be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever
6applicable, criminal, civil or administrative liability.

SECTION 6. Duties of Other Government Agencies and LGUs. Other

8government agencies and LGUs shall establish programs such as, but not limited
9to, education and information campaign and seminars or symposia on the nature,
10causes, incidence and consequences of hate crimes particularly towards educating
11the public on its social impacts.

12

It shall be the duty of the concerned government agencies and LGUs to

13ensure the sustained education and training of their officers and personnel on the
14prevention of hate crimes.

15

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

16violence against women and their children as herein defined, any person, private
17individual or police authority or barangay official who, acting in accordance with
18law, responds or intervenes without using violence or restraint greater than
19necessary to ensure the safety of the victim, shall not be liable for any criminal,
20civil or administrative liability resulting therefrom.

1
2

SECTION 8. Rights of Victims. In addition to their rights under existing

2laws, victims of violence against women and their children shall have the
3following rights:

1. to be treated with respect and dignity;

2. to avail of legal assistance form the PAO of the Department of Justice

(DOJ) or any public legal assistance office;

3. to be entitled to support services form the DSWD and LGUs; and

4. to be informed of their rights and the services available to them including

10

their right to apply for a protection order.

SECTION 9. Damages. Any victim of violence under this Act shall be

11entitled to actual, compensatory, moral and exemplary damages.

12

SECTION 10. Hold Departure Order The court shall expedite the process

13of issuance of a hold departure order in hate crime cases prosecuted.

14

SECTION 11. Appropriation Clause. Such amount as may be necessary

15for the continued implementation of this Act shall be included in the annual
16General Appropriations Act.

17

SECTION 12. Implementing Rules and Regulations. Within ninety (90)

18days from the promulgation of this Act, the Department of Interior and Local
19Government shall formulate the Implementing Rules and Regulations of this Act.

20

SECTION 13. Repealing Clause. Any law, presidential decree or issuance,

21executive order, letter of instruction, administrative order, rule or regulation

1
2

1contrary to or is inconsistent with the provision of this Act is hereby repealed,

2modified, or amended accordingly.

SECTION 14. Separability Clause. If any part or provision of this Act

4shall be declared unconstitutional or invalid, other provisions hereof which are not
5affected thereby shall continue to be in full force and effect.

SECTION 15. Effectivity Clause. This Act shall take effect fifteen (15)

7days after its publication in at least two (2) newspapers of general circulation.

Approved,

/apm11072014

1
2