Policy Brief
April 2025
Hate Has No Place: The Need for a Philippine Anti-Hate Crime Law
Written by: Gamaliel Valeroso
EXECUTIVE SUMMARY
‘Hate Crime’ is defined as a crime brought about by a bias
against people of diverse characteristics and identities. The
term ‘hate’ is referred to a disliking of certain people who
are perceived different from their own. Unlike the US and
other countries, the Philippines has yet to legislate a law
against hate crimes. According to studies, exposure to
hateful offenses and being a victim to hate crimes
negatively impacts the mental well-being of an individual,
leading to poor mental health and self-harm behavior. In the
Philippines, gender preference, skin color, and race are the
leading characteristics that are subjected to hateful acts. In
response to this, this paper advocates for a comprehensive
law against hate crime to be established in the country. With People attend a rally against racism and violence on Asian Americans
this, is it recommended that a consolidated system under in Flushing of New York, the United States on March 27, 2021.
the criminal justice and national security sector should be Courtesy of Philippine News Agency.
created that serves as a database for hate crime in the
country. Lastly, the established laws must have integration This policy brief also serves as an advocacy for
and cohesion with its co-existing anti-discrimination bills. fostering and promoting mental health. As we urge for
the establishment of legal protection against hate crime,
Introduction a more promising future for mental health lies ahead.
Hate crime is an offense driven by prejudice against people
because of their skin color, ethnic background or national Research Overview
origin, race, gender, gender-identity, sexual orientation, Hatred torments people and it endures. Studies prove
social and political stands, religious beliefs, or their physical that hate-motivated crime has a devastating impact on
and mental disabilities. This occurs mainly due to a bias mental health. Thus, the victims are highly susceptible
motivated against the said factors or stereotypes against to mental disturbances. Moreover, hate crime increases
people of certain groups, characteristics, or origins. ‘Hate’ the likelihood of self-harm behaviors, anxiety, and
in this context pertains to a disliking of particular individuals depression. Further, race and ethnicity, and gender
who possess specific characteristics distinct from their own; preference are the leading characteristics subjected to
despising people who seemed different compared to them. hate in the US and in the Philippines, respectively.
Enactments of anti-hate crime laws have been legislated Research Findings
and ratified in numerous countries, mostly in European An individual’s mental health deteriorates as
countries such as Germany, Ireland, France, Italy, Estonia, they become victimized by hate offenses. Along with
Austria, Poland, Romania, and Slovenia. The United Stated this, the more they reside nearby a geographic proximity
is seen as the leader in policy approaches against hate where hate crime is centered, the more likely they are
crime, functionally carrying out legal counteractions and affected. Anger, anxiety, confusion, fear, and worry are
sanctions in the early 20th century. In the Philippines, emotions felt commonly by the victims. They begin to
however, no law against hate crime has been established. develop mistrust against people similar to the offenders
Although a Senate Bill during the 16th congress in the and avoid places where they feel targeted because of
country was introduced by the late Senator Miriam trauma. Moreover, hate crime victims are more prone to
Defensor Santiago, which was an act describing hate poor mental health, experiencing anxiety, depression,
crimes and prescribing its sanctions, it was not successfully and suicidal actions; it eventually leaves them feeling
legislated and put into effect during those times. To this day, powerless and hopeless. Additionally, encounters with
it is barely revisited and not thoroughly reconsidered again. hate-driven behavior leads to placing blame on and
diminished empathy toward their fellow victims.
This policy brief calls for and highlights the essentiality of In the United States, during 2015-2019, an
constitutionalizing laws against hate crime in the estimation of 59% of violent hate crimes reported by
Philippines. It further recommends the government and its victims were driven by prejudice against one’s race,
legislators to reconsider the bill or develop policies or laws ethnicity, or national origin. In 2020, it ascended to
anti hate crime to serve justice to those individuals getting 61.8%. In the Philippines, in the context of topics prone
victimized by hate and prejudice, and shed light to the to hate offenses, gender preference is first on the list,
unseen violence and suffering that the victims experienced. followed by skin color and then race.
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Policy Recommendations
Despite the gravity of hate offenses toward the Filipino people, the country presently lacks a comprehensive legal
system that classifies and recognizes hate crimes as a separate category of criminal acts. This section provides
feasible policy measures and courses of action that will help in addressing the problem and to urge policy-making.
1. Enact a Comprehensive Anti-Hate Crime Legislation
In order to control the circulation of hate offenses and counter its enduring cycle of harming people,
the government and its policy-makers should pass a national law that aims to define hate crimes in the
Philippine context and propose sanctions to exact justice for the victims. It must also clearly explain the
classification of hate crime as distinguishable from other criminal offenses. This will strengthen legal
protection equally for everyone, especially for the more vulnerable and marginalized groups.
2. Establish a National Database for Hate Crime
Reliable and ample data is vital for quantifying and assessing the extent of the problem. This is
also essential for documenting incidents if the offenses across the country, serving as a centralized bank
of information about cases as evidences for legal grounds and backing up resource for future studies.
Moreover, to achieve this, it is necessary to coordinate with the Department of Justice and the Department
of Interior and Local Government to properly implement this consolidated system and to further expand
the coverage of the information reported and entered in the database.
3. Integration with Current Anti-Discrimination Frameworks
The anti-hate crime law to be legislated will be comprehensive when it harmonizes with the
currently established frameworks about similar cases such as anti-discrimination. As it complements with
each other, it will ensure legal cohesion with the goals and principles of the pre-existing anti-discrimination
policies and frameworks in its approach to criminal justice and its proper penalization of offenders.
References
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