FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S,No. 1844 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
I 
. 
C) 
,')(.. ,,-, 
i ~ 
JUL /.,,! 
I.J o.i i 
The Constitution mandates the State to promote equality of employment opportunities for 
all. This ll}eans that an individual should not be discriminated against due to his age, sex, creed, 
political inclination, or status in life. 
Age should not be the basis of one's admission, promotion or continued employment. 
The demand of certain employers that an individual be of a certain age to qualify for a particular 
job is discriminatory and capricious. Age discrimination has 110 place in our society. 
This bill seeks to eliminate age discrimination in the workplace by prohibiting and 
punishing any employer, labor contractor, and labor organization that will discriminate against 
any individual because of his or her age. l 
, This bill was originally filed during the Fourteenth Congress, First Regular session. 
1 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
.) 
First Regular Session 
) 
SEN~TlI 
S.No. us44 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
PROHIBITING EMPLOYERS, LABOR CONTRACTORS AND LABOR 
3 
ORGANIZATIONS FROM DISCRIMINATING AGAINST 
4 
ANY INDIVIDUAL BECAUSE OF AGE 
u 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
5 
SECTION 1. Short Title. - This Act shall be known as "Prohibition Against Age 
6 
Discrimination Act." 
7 
8 
SECTION 2. Declaration of Policy. - It is declared a policy of the State to ensure 
9 
equal work opportunities regardless of one's age. 
10 
11 
SECTION 3. Definition of Terms. -For purposes of this Act, the terms: 
12 
(A) "Employer" includes any person acting directly or indirectly in the interest of an 
13 
employer in relation to an employee and shall include the Government and all its branches, 
14 
subdivision and instrumentalities, all government-owned or controlled corporations and 
15 
institutions, as well as non-profit private institutions or organizations. 
16 
(B) "Labor Contractor" means any person regularly undertaking with or without 
17 
compensation to procure employees for an employer or to procure for employees 
18 
opportunities to work for an employer and includes an agent of such a person. 
19 
(C) "Labor Organization" means any union or association of employees which exists 
20 
in whole or in part for the purposes of collective bargaining or of dealing with employers 
21 
concerning terms and conditions of employment. 
22 
(D) "Employee" includes any individual employed by an employer. 
1 


1 
(E) "Secretary" refers to the Secretary of the Department of Labor and Employment 
2 
of the Republic of the Philippines. 
3 
4 
SECTION 4. Prohibited Employer Practices. - It shall be unlawful for an employer: 
5 
(A) ~o fail or refuse to hire or to discharge any individual or otherwise discriminate 
6 
against any individual with respect to his compensation, terms, conditions, or privileges of 
7 
employment, because of such individual's age; 
8 
(B) to limit, segregate, or classify his employees in any way which would deprive or 
9 
tend to deprive any individual of employment opportunities or otherwise adversely affect his 
10 
status as an employee, because of such individual's' age; or 
11 
(C) to reduce the wage of any employee in order to comply with the provision of this 
12 
Act. 
13 
14 
SECTION 5. Prohibited Labor Contractor Practices. - It shall be unlawful for labor 
15 
contractors to fail or refuse to refer for employment, or otherwise to discriminate against, 
16 
any individual because of such individual's age, or to classify or refer for employment any 
17 
individual on the basis of such individual's age. 
18 
19 
SECTION 6. Prohibited Labor Organization Practices. - It shall be unlawful for a 
20 
labor organization: 
21 
(A) to exclude or to expel from its membership, or otherwise to discriminate against 
22 
any individual because of his age; 
23 
(B) to limit, segregate, or classify its membership, or to classify or fail or refuse to 
24 
refer for employment any individual, in any way which would deprive or tend to deprive any 
25 
individual of employment opportunities, or would limit such employment opportunities or 
26 
otherwise adversely affect his status as an employee, or as an applicant for employment, 
27 
because of such individual's age; 
28 
(C) to cause or attempt to cause an employer to discriminate against an individual in 
29 
violation of this Act. 
2 


• 
1 
2 
SECTION 7. Opposition to Unlawful Practices; Participation in Investigations, 
3 
Proceedings, or Litigation. - It shall be unlawful for an employer to discriminate against any 
4 
of his employees or applicants for employment, for a labor contractor to discriminate against 
5 
any individual, or for a labor organization to discriminate against any member thereof or 
6 
applicant for membership, because such individual, member or applicant for membership as 
7 
opposed any practice made unlawful by this section, or because such individual, member, or 
8 
applicant for membership has made a charge, testified, assisted, or .participated in any 
9 
manner in an investigation, proceeding, or litigation under this Act. 
10 
II 
SECTION 8. Printing or Publication of Notice or Advertisement Indicating 
12 
Preference, Limitation, etc. - It shall be unlawful for an employer, labor organization, or 
13 
labor contractor to 'print or publish, or cause to be printed or published, any notice or 
14 
advertisement relating to employment by such an employer or membership in or any 
15 
classification or referral for employment by such labor organization, or relating to any 
16 
classification or referral for employment by such a labor contractor, indicating any 
17 
preference, limitation, specification, or discrimination, based on age. 
18 
19 
SECTION 9. Exceptions. - It shall not be unlawful for an employer, labor contractor, 
20 
or labor organization-
21 
(A) to take any action othelwise prohibited under sections 4, 5, 6, or 8 of this Act 
22 
where age is a bona fide occupational qualification reasonably necessary to the normal 
23 
operation of the particular business, or where the differentiation is based on reasonable 
24 
factors other than age; 
25 
(B) to take any action otherwise prohibited under sections 4, 5, 6, or 8 of this Act, to 
26 
observe the terms of a bona fide seniority system that is not intended' to evade the purposes 
27 
of this Act; 
28 
(C) to discharge or otherwise discipline an individual for good cause; 
3 


, 
1 
(D) to observe the terms of a bona fide employee retirement or a voluntary early 
2 
retirement incentive plan consistent with the relevant purpose or purposes of this Act, 
3 
provided, such retirement or voluntary retirement plans are in accordance with the Labor 
4 
Code as amended and other related laws; or 
5 
(E) to take any other action otherwise prohibited under sections 4, 5, 6, or 8 of this 
6 
Act, provided that said action be duly certified by the Secretary of Labor and Employment 
7 
to be in accordance with the purposes of this Act. 
8 
9 
SECTION 10. Penalty. - Any violation of this Act shall be punished with a fine of 
10 
not less than Fifty Thousand Pesos (P50,000.00) or imprisonment of not less than three (3) 
11 
months or both at the discretion of the court. If the offense is committed by a corporation, 
12 
trust, firm, partnership, association, or other entity, the penalty shall be imposed upon the 
13 
guilty officer or officers of such corporation, trust, firm, partnership, association, or entity. 
14 
15 
SECTION 11. Separability Clause. - If any provision or part hereof, is held invalid 
16 
or unconstitutional, the remainder of the Act or the provision not otherwise affected shall 
17 
remain valid and SUbsisting. 
18 
19 
SECTION 12. Repealing Clause. - Any law, presidential decree or issuance, 
20 
executive order, letter of instruction, administrative order, rule or regulation contrary to, or 
21 
inconsistent with the provisions of this Act is hereby repealed, modified, or amended 
, 
22 
accordingly. 
23 
24 
SECTION 13. Effectivity Clause. -This Act shall take effect fifteen (15) days after its 
25 
publication in at least two (2) newspapers of general circulation. 
Approved, 
4