SIXTEENTH CONGRESS OF THE REPUBLIC
OF THE PHILIPPINES
First Regular Session
'14 FEB 12 P3 :35
SENATE
S.B. No.
2122
Introduced by: Senator Paolo Benigno ItBam" A. Aquino IV
AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF ET~NICITY, RACE, RELIGION OR
BELIEF, POLITICAL INCLINATION, SOCIAL CLASS, SEX, GENDER, SEXUAL ORIENTATION, GENDER
IDENTITY, GENDER EXPRESSION, CIVIL STATUS, HIV STATUS AND OTHER MEDICAL CONDITION
AND PROVIDING PENALTIES THEREFOR
EXPLANATORY NOTE
The Bill of Rights in the 1987 Constitution guarantees equal protection for every Filipino,
and prohibits discrimination of persons based on ethnicity, race, religion or belief, political
inclination, social class, sex, gender, sexual orientation, gender identity, gender expression, civil
status, medical condition, or any other status in the enjoyment of rights. The fundamental law
also declares that the State values the dignity of every human person and guarantees full
respect for human rights (Section 11, Article II, 1987 Constitution). It also imposes on the State
the duty to ensure the fundamental equality before the law of women and men (Sec. 14, Id.).
In addition, the Philippines is a signatory to numerous international agreements that
seek to ensure respect for the human rights of all persons regardless of ethnicity, race, religion
or belief, political inclination, social class, sex, gender, sexual orientation, gender identity,
gender expression, civil status, medical condition, or any other status. These international
human rights instruments have been constantly upheld by international institutions, such as the
United Nations Human Rights Committee and the United Nations Committee on Economic,
Social and Cultural Rights.
Unfortunately, reality has yet to catch up with the noble intentions of these numerous
laws and international agreements. In schools, workplaces, commercial establishments, public
service, police and the military, prejudicial practices and policies based on sexual orientation,
gender and cultural idertity limit the exercise and enjo~ment of basic human rights and
/
fundamental freedoms, as well as impede or delay the delivery of basic services.