THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
S E N A T E  
Senate Bill No. 
I! 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
The salutary effects of Article 118 of the Labor Code in relation to 
Articles 288 and 289 of the same Code which respectively ordain thus: 
“Art. 118. Retaliatory Measures. - It shall be unlawful for an 
employer to refuse to pay or reduce the wages and benefits, 
discharge or in any manner discriminate against any employee who 
has filed any complaint or instituted any proceeding under this 
Title or has testified or is about to testify in such proceedings.”. 
(Emphasis supplied) 
“Art. 288. Penalties. - Except as otherwise provided in this 
Code, or unless the acts complained of hinges on a question of 
interpretation or implementation of ambiguous provisions of an 
existing collective bargaining agreement, any violation of the 
provision of this Code declared to be unlawful or penal in nature 
shall be punished with a fine of not less than One Thousand Pesos 
(Pl,OOO.OO), or imprisonment of not less than three (3) months nor 
more than three (3) years, or both such fine and imprisonment at 
the discretion of the court. 
In addition to such penalty, any alien found guilty shall be 
summarily deported upon completion of service of sentence. 
Any provision of law to the contrary notwithstanding any 
criminal offense punished in this Code shall be under the 
concurrent jurisdiction of the Municipal of City Courts and the 
Courts of First Instance”. 
“Art. 289. Who are liable when committed by other than 
natural person. - If the offense is committed by a corporation, trust, 
partnership, association or any other entity, the penalty shall be 
imposed upon the officer or officers of such corporation, trust, 
partnership, association entity”. 
Need not be overemphasized. 


Parenthetically however, the above quoted Article 11 8 operates only 
where retaliatory measures are employed in wage-related cases. 
This Bill seeks to broaden the application of Article 118 by criminalizing 
retaliatory acts of employers against employees who have filed any complaint or 
instituted any proceeding under the Labor Code or have testified or are about to 
testify in such proceedings. 
Early passage of this Bill is earnestly sought. 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
CRlMlNALlZlNG RETALIATORY ACTS DIRECTED AGAINST AN EMPLOYEE 
WHO HAS FILED ANY COMPLAIN UNDER THE LABOR CODE OR 
TESTIFIED THEREUNDER, AMENDING FOR THIS PURPOSE THE LABOR 
CODE OF THE PHILIPPINES 
ii. 
Be,,enacted 
by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. There shall be incorporated after Article 286 of Presidential 
Decree No. 442, as amended, otherwise known as the “Labor Code of the 
Philippines”, a new Article 286-A which shall read as follows: 
“ARTICLE 286-44. RETALIATORY MEASURES. - IT SHALL 
BE UNLAWFUL FOR AN EMPLOYER TO REFUSE TO PAY OR 
REDUCE THE 
WAGES 
AND 
OTHER 
BENEFITS AND 
PRIVILEDGES, 
DISCHARGE 
OR 
IN 
ANY 
MANNER 
DISCRIMINATE AGAINST ANY EMPLOYEE WHO HAS FILED 
ANY COMPLAIN OR INSTITUTED ANY PROCEEDING UNDER 
THIS CODE OR HAS TESTIFIED OR IS ABOUT TO TESTIFY IN 
ANY SUCH PROCEEDINGS. 
SECTION 2. Article 118 of the Labor Code of the Philippines and all other 
laws, decrees, executive orders, rules and regulations or parts thereof which are 
inconsistent with this Act are hereby repealed or amended accordingly. 
SECTION 3. This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in at least two (2) national newspapers of 
general circulation, whichever comes earlier. 
Approved,