In
SEVENTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session
S
date :
L(|) TIME:
SENATE
S. No.
291
_______________Introduced by Senator Antonio “Sonny” Trillanes IV_______________
AN ACT
PROHIBITING DISCRIMINATION AGAINST PERSONS ON ACCOUNT OF
ETHNIC ORIGIN AND/OR RELIGIOUS BELIEF
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 Lumad 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 rest on substantial
distinctions; is germane to the purpose of the law; and is not limited to existing conditions
only, and applies equally to all members of the same class. There are indeed substantial
distinctions between/among the three classes of people in Mindanao - the majority Christian
settlers (and their descendants), the Muslims or Moro 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.
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.