ED

Republic of the Philippines Dave 01 AUG 2016
HOUSE OF REPRESENTATIVE:
Quezon City Tie: 4
BY.

SEVENTEENTH CONGRESS

First Regular Session ROCSTOATION UNIT
99° BELS 4 uCK SERVICE
HOUSE BILL NO. 222 = ~

Introduced by HONORABLE STRIKE B. REVILLA

EXPLANATORY NOTE,

Although women now have political rights in all but a few countries of the world, and
are, therefore, in a better position to become more active agents of change, their subordinate
position in many other fields has delayed progress. (Whittick, Arnold Woman Into Citizen 1979.)

The history of every nation bears witness to the changes that have gradually taken place
in the situation of woman at the local and national level, even at the international level. We have
witnessed the development of wider possibilities for education and training, better access to
economic opportunities, improve maternal and child health care and other social services,
changes in civil laws and gradual changes in attitude towards women in general.

Their contributions to solving problems not only in their respective households but also
in their workplace are more and more vital. Women should assume their responsibility as one of
their priorities. This would finally make them equals as decision makers in local and national
affairs. This could give them an opportunity not only to improve their own situation but also
share with men the responsibility in the affairs of society.

However, in the Philippines today, and even with the worldwide emancipation of women
in society, discrimination against women generally still exists in the ordinary workplace. Filipino
women continue to suffer indignities in the course of their employment, merely because they are
women, While our Constitutional policy is clear - Section 14, Article Il of the Constitution
requires the State to recognize the role of women in nation-building and to ensure the
fundamental equality before the law of women - enabling legislation to fully carry out this
mandate, is lacking.

This bill penalizes the employer who will give preference to a male employee over a
female employee in the hiring process, whether through notices or advertisements for
employment or in the actual recruitment, hiring or employment of porkers where the particular
job can be equally handled by a woman.

Also, it prohibits the denial to any women the benefits of employment or other statutory
benefits under our laws by reason of her sex.

Gone are the days when women were considered to be the weaker sex, according to a
recent study by Time magazine. We must not only recognize that women have an important role

in nation building, but also realize that their position in society is eminent, integral and
indispensable.

This humble representation urges the immediate passage of this bill "

REP. STRIKE B. REVITI.A



HOUSE OF REPRESENTATIVES:

RECEIVED
Republic of the Philippines pave, 01 AUG 2016
HOUSE OF REPRESENTATIVE: :
Quezon City “hints: =f
BY
SEVENTEENTH CONGRESS
First Regular Session RreISTOATION UNIT
BILLS 4\> iNUEX SERVICE

HOUSE BILL NO. 222

Introduced by HONORABLE STRIKE B. REVILLA.

EXPLANATORY NOTE

Although women now have political rights in all but a few countries of the world, and
are, therefore, in a better position to become more active agents of change, their subordinate
position in many other fields has delayed progress. (Whittick, Amold Woman Into Citizen 1979.)

The history of every nation bears witness to the changes that have gradually taken place
in the situation of woman at the local and national level, even at the international level. We have
witnessed the development of wider possibilities for education and training, better access to
economic opportunities, improve maternal and child health care and other social services,
changes in civil laws and gradual changes in attitude towards women in general.

Their contributions to solving problems not only in their respective households but also
in their workplace are more and more vital. Women should assume their responsibility as one of
their priorities. This would finally make them equals as decision makers in local and national
affairs. This could give them an opportunity not only to improve their own situation but also
share with men the responsibility in the affairs of society.

However, in the Philippines today, and even with the worldwide emancipation of women
in society, discrimination against women generally still exists in the ordinary workplace. Filipino
women continue to suffer indignities in the course of their employment, merely because they are
women. While our Constitutional policy is clear - Section 14, Article I1 of the Constitution
tequires the State to recognize the role of women in nation-building and to ensure the
fundamental equality before the law of women - enabling legislation to fully carry out this
mandate, is lacking.

This bill penalizes the employer who will give preference to a male employee over a
female employee in the hiring process, whether through notices or advertisements for
employment or in the actual recruitment, hiring or employment of porkers where the particular
job can be equally handled by a woman

Also, it prohibits the denial to any women the benefits of employment or other statutory
benefits under our laws by reason of her sex.

Gone are the days when women were considered to be the weaker sex, according to a
recent study by Time magazine. We must not only recognize that women have an important role
in nation building, but also realize that their position in society is eminent, integral and
indispensable

This humble representation urges the immediate passage of this bill. 4

REP. STRIKE B. REVILLA
2" District of Cavite



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

9996
HOUSE BILLNo, 229

Introduced by Introduced by HONORABLE STRIKE B. REVILLA

AN ACT
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST
WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE PURPOSE
ARTICLES 135 AND 137 OF PRESIDENTIAL DECREE NO. 442, AS
AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Article 136 of Presidential Decree No. 442, as amended otherwise known
as the Labor Code of the Philippines, is hereby further amended to read as follows:

"ART. 136, DISCRIMINATION PROHIBITED - It shall be unlawful for
any employer to discriminate against any woman employee with respect to terms
and conditions of employment solely on account of her sex.

The following are acts of discrimination:

(a) Payment of a lesser compensation, including wage, salary or other
form of remuneration and fringe benefits, to a female employee as against a male
employee, for work of equal value; [and]

(b) Favoring a male employee over a female employee with respect to
promotion, ASSIGNMENT, training opportunities, study and scholarship grants
solely on account of their sexes [.]; AND

(C) GIVING PREFERENCE TO A MALE EMPLOYEE OVER A FEMALE
EMPLOYEE IN THE HIRING PROCESS, WHETHER THROUGH
NOTICES, ANNOUNCEMENTS, OR ADVERTISEMENTS FOR
EMPLOYMENT AND APPRENTICESHIP OR IN THE ACTUAL
RECRUITMENT, HIRING OR EMPLOYMENT OF WORKERS WHERE
THE PARTICULAR JOB CAN BE EQUALLY HANDLED BY A WOMAN,
AND

(D) FAVORING A MALE EMPLOYEE OVER A FEMALE EMPLOYEE
WITH RESPECT TO DISMISSAL OF PERSONNEL OR THE
APPLICATION OF THE FIRST IN - FIRST OUT OR OTHER
RETRENCHMENT POLICY OF THE EMPLOYER”.

Criminal liability for the willful commission of any unlawful act as
provided in this article or any violation of the rules and regulations issued
Pursuant to Section 2 hereof shall be penalized as provided in Articles 288 and


289 of this Code: Provided, That the institution of any criminal action under this
provision shall not bar the aggrieved employee from filing an entirely separate
and distinct action for money claims, which may include claims for damages and
other affirmative relief. The actions hereby authorized shall proceed
independently of each other.”

SECTION 2. Article 137 of the Labor Code is hereby amended to read as follows:
“ART. 137. PROHIBITED ACTS - (a) It shall be unlawful for any employer:

(1) To deny any woman employee the benefits provided for in this Chapter
or to discharge any woman employed by him for the purpose of preventing her
from enjoying any of the benefits provided under this Code:

(2) To discharge such woman on account of her pregnancy, or while on
leave or in confinement due to her pregnancy;

(3) To discharge or refuse the admission of such woman upon returning to
her work for fear that she may again be pregnant [.]; OR

(4) TO DENY ANY WOMAN THE BENEFITS OF EMPLOYMENT OR
OTHER STATUTORY BENEFITS UNDER OUR LAWS BY REASON OF
HER GENDER.”

SECTION 3. Penalties. - Any employer who commits or attempts in any manner to
commit any of the acts herein prohibited shall, in addition to other penalties as may be provided
by law, upon conviction hereof, be punished by a fine of not less than Fifty Thousand Pesos
(P50,000.00), but not more than Two Hundred Thousand Pesos (P200,000.00), and suffer
imprisonment of not less than two (2) years but not more than four (4) years: Provided, That the
conviction or acquittal obtained by the employer shall not be a bar to the filing by the female
employee of a civil suit for the payment of salaries or benefits due her,

Any employee or person who willfully aids or abets in the commission of the acts
prohibited herein or who causes the commission of any such acts by another shall be liable in the
same manner as the employer.

If the offender is not a Filipino citizen, he shall be deported immediately upon service of
the sentence imposed herein. If he is a government official or employee, he shall be dismissed
from the service and shall serve the maximum penalty prescribed for the offense.

In the case of associations, partnerships or corporations, the penalty shall be imposed on
the partner, president, general manager, branch manager or responsible officer responsible for
the violation

SECTION 4. Implementing Rules and Regulations. - Within thirty (30) days from the
effectivity of this Act, the Secretary of Labor and Employment, consultation with the Tripartite
Industrial Peace Council, shall issue and publish the necessary rules and regulations to
implement the provisions of this Act.

SECTION 5. Separability Clause. - If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof.


SECTION 6. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, rules and regulations or parts thereof inconsistent with the provisions
of this Act ate hereby repealed or modified accordingly.

SECTION 7. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in a newspaper of general circulation,

Approved,