SIXTEENTH CONGRESS OF THE } REPUBLIC OF THE PHILIPPINES} First Regular Session } '13 ,\, JIll'~ 1 P3 :44 SENATE S. NO .. '''fl lS0 ------------------------------------------------------Introduced by Senator Antonio "Sonny" F. TrillanesJV EXPLANATORY NOTE The Bill of Rights of the 1987 Philippine Constitution, particularly Article Ill, 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 helshe is or what helshe 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;. 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 peoples 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. To be sure, discriminatory attitudes or practice will not be corrected by legislation alone, even penal ones like this bill. But these legislative sanctions, which are the contribution of Congress, are part of what should be a holistic response to the fight against discrimination. Approval of this bill is Ilarnllstly sought. Senator I

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