Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

2560

HOUSE BILL NO.

Authored by HON. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

Section 22, Article II of the 1987 Constitution provides that “ the State
recognizes and promotes the rights of indigenous cultural communities.

This bill seeks to ensure equal employment opportunities to members of
indigenous cultural communities.

Under this measure, the government shall , in areas where indigenous
cultural communities predominate, reserve at least ten percent (10%) of the
rank and file positions in government service in these areas for the
employment of members of these communities.

Furthermore, it is proposed that private enterprises with operations in areas
of indigenous cultural communities exist and which obtain loans, grants, or
any kind of financial assistance from the government of any government-
owned or controlled bank or financial institution in the amount equivalent to
at least thirty percent (30%) of its total assets, shall give preferential
employment to members of these communities for their operations in these
areas by hiring them in to at least ten percent (10%) of its labor force.

The benefits and safeguards embodied in this bill are some of the necessary
mechanisms to enforce and guarantee the realization of the rights of
indigenous peoples, taking into consideration their customs, traditions,
values.

Hence, the immediate passage of this bill is earnestly requested.

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No.__ 2569

Authored by HON. JOSEPH VICTOR G. EJERCITO

AN ACT
ENSURING EQUAL EMPLOYMENT OPPORTUNITIES TO MEMBERS OF
INDIGENOUS CULTURAL COMMUNITIES AND PREFERENCE IN
CERTAIN CASES AND OTHER PURPOSES

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

SECTION 1. Declaration of Policy. - It is hereby declared the policy of the
State to promote social justice by ensuring equal employment opportunities
to members of indigenous cultural communities and to give them preference
in areas where they are predominant.

SEC 2. It shall be unlawful for an employer:

a) To refuse to hire or discriminate against,. with respect to
compensation, terms, conditions of employment, or to discharge,
any person because of his religion or ethic origin; or

b) To group, segregate or classify employees in a way which would
deprive or tend to deprive any person of employment opportunities
or otherwise adversely effect his status as an employee because of
his religion or ethnic origin.

SEC 3. It shall be unlawful for a labor union or federation:

a) To exclude or expel from its membership any person because of his
religion or ethnic origin; or

b) To cause or attempt to cause an employer to discriminate against a
person because of the latter’s religion or ethnic origin.]

The foregoing notwithstanding, it shall not be unlawful to employ any person
on the basis of his religion or ethnic origin in those instances where religion
or ethnic origin is bona fide occupational qualification reasonably necessary
for the formal operation of the business or enterprise. Neither shall it be
unlawful for a school , college , university or other educational institution to
employ only a person of a particular religion or ethnic origin if the curriculum
of such institution is aimed towards the propagation of such religion or
ethnic aggrupation.


SEC 4. The government shall , in areas where indigenous cultural
communities predominate, reserve at least ten percent(10%) of the rank
and file positions in government service in these areas for the employment
of members of these communities; Provided, that those appointments must
be in accordance with the civil service laws.

SEC 5. Every private enterprise with operations in areas where indigenous
cultural communities predominate and which obtains loans, grants, or any
kind of financial assistance from the government or any government-owned
or controlled bank or financial institution in the amount equivalent to at least
thirty percent (30%) of its total assets shall give preferential employment to
members of these

communities for their operations in these areas by hiring them into at least
ten percent (10%) of its

labor force. .

SEC 6. Every employer shall respect the employee’s right to actively
participate in his religious or ethnic activities.

SEC 7. Any person responsible for the violation of any provisions of this Act
shall be liable to pay a fine not less than One Hundred Thousand
Pesos(P100,000.00) nor more than Five Hundred Thousand
Pesos(P500,000.00) or imprisonment of not less than six (60 months nor
more than six (6) years,or both.

SEC 8. Chapter V, Section 23 OF Republic Act 8371, Book III, Title III, Book
V, Title V, Article 246 of Presidential Decree 442, as amended , and any law
or parts thereof inconsistent with the provisions of this Act are hereby
repealed, modified or amended accordingly.

SEC 9. This Act shall take effect after fifteen (15) days following its

publication in the Official Gazette or in at least two (2) national newspapers
or general circulation, whichever comes earlier.

Approved,