FOURTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session
)
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Introduced by Senator Antonio “Sonny” F. Trillanes IV
EXPLANATORY NOTE
The Bill of Rights of the 1987 Philippine Constitution, particularly Article 111, Section 1,
provides for “equal protection of the laws” a specific constitutional guarantee of the Equality of
all persons. Under it, each individual is dealt with as an equal person in the law, regardless of
who he/she is or what he/she possesses. However, when this does not happen in the realities of
life, like the different and adverse treatment or discrimination against Muslims, Indigenous
Peoples or Lumads, Highlanders in Mindanao and elsewhere in the Philippines, then the
constitutional state policy of social justice (Art. 11, Sec. 10) that those who have less in life must
have more in law, steps in.
It is an established principle of constitutional law that the equal protection clause is not violated
by a legislation based on reasonable classification, which rests on substantial distinctions, is
germane to the purpose of the law, is not limited to existing conditions only, and applies equally
to all members of the same class. There are indeed substantial distinctions betweedamong the
three classes of peoples in Mindanao -- the majority Christian settlers (and their descendants),
the Muslims or MOR0 people, and the Indigenous Peoples. Unfortunately, their interrelationships have been characterized, among others, by a historical and current minoritization,
marginalization, and discrimination in various areas of life. This condition must be addressed.
The Constitution likewise provides that the Philippines adopts the generally accepted principles
of international law as part of the law of the land (Art. 11, See. 2). Under the International
Covenants on Economic, Social and Cultural Rights, as well as on Civil and Political Rights,
States Parties like the Philippines undertake to guarantee and ensure respect for the rights
enunciated therein, without discrimination of any kind as to race, color, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status, and to adopt
such legislative or other measures as may be necessary to give effect to those rights.
As part of the global community, the Philippines is aware of the United Nations declarations on
religious intolerance, which have become more relevant in present times where the backlash of
the September 11, 2001 terrorist act has been greatly felt by Muslims all over the world. The
Muslims in Mindanao and elsewhere in the Philippines are no exception. Thus, in keeping with
the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief, and the 1993 Resolution on the Elimination of All Forms of
Religious Intolerance, this Act addresses religious and other forms of discrimination.
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