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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S. No. 
771, 
INTRODUCED BY HON. MANUEL B. VELAR, JR. 
EXPLANATORY NOTE 
The 1987 Constitution, Article II, Section 14 provides for the hndamental equality of the 
sexes: thus: "The State recognizes the role of women to nation-building and shall ensure the 
fundamental equality before the law of men and women." 
Discrimination by reason of sex is usually effected by subtle and elusive means especially 
in employment advertising. This discrimination is widespread and done publicly, 
notwithstanding the above Constitutional mandate. 
The main objective of this bill is to institutionalize the protection given to both sexes by 
eliminating gender discrimination in employment advertising and by providing penalties for 
violations thereof. 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S. No. 
771 
INTRODUCED BY HON. MANUEL B. VELAR JR. 
AN ACT TO PROHIBIT GENDER DISCRIMINATION IN EMPLOYMENT 
ADVERTISING 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem b led: 
Section 1. Short Title. This Act shall be known as “Anti-Gender Discrimination in 
Employment Advertising Act.” 
Section 2. Declaration of Policy. It is the policy of the State to ensure equality of men 
and women by prohibiting gender discrimination in job opportunities advertising. 
Section 3. Definition of Terms. For purposes of this Act, the term: 
a) “Employer” includes any person acting in the interest of an employer, directly or 
indirectly. The term shall not include any labor organization or any of its officers 
or agents except when acting as employer. 
b) “Labor Organization” means any union or association of employees which exists 
in whole or in part for the purpose of collective bargaining or of dealing with 
employers concerning terms and condition of employment. 
c) “Private Employment Agency” means any person or entity engaged in the 
recruitment and placement of workers for a fee which is charged, directly or 
indirectly, from the workers or employers or both. 
d) “Recruitment and Placement” refers to any act of canvassing, enlisting, 
contracting transporting, utilizing, hiring, procuring workers and other similar 
acts, and includes referrals, locally or abroad, whether for profit or not: Provided, 


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That any person or entity which, in any manner, offers or promises for a fee 
employment to two or more persons shall be deemed engaged in recruitment and 
placement. 
Section 4. Prohibited Acts. a) It shall be unlawful discriminatory practice for any 
employer, whether for profit or not, any labor organization or any private employment agency to 
print, circulate or publish or cause to be printed, circulated or published any statement, 
circulation or publication relating to employment by such an employer or membership in or any 
classification or referral for employment by such a labor organization or relating to any 
classification or referral for employment by such an employment agency, indicating any 
preference, limitation, specification, or discrimination, based on sex, except that such a notice or 
advertisement may indicate a preference, limitation, specification, or discrimination based on sex 
when sex is a bonafide occupational qualification for employment. 
b) 
It shall be unlawful discriminatory practice for any person to aid, abet, incite, 
compel or coerce the doing of any of the acts forbidden under this section or to 
attempt to do so. 
Section 5. Certification of Exemption. The Department of Labor and Employment shall 
have the power and it shall be its duty to certify upon request of any person that a particular 
occupation or position is exempt fi-om the provisions of this Act relating to unlawful employment 
practices if the Department of Labor and Employment finds that the occupation or position 
reasonably requires the employment of a person or persons of a particular sex and that such 
certification is not sought as means of circumventing the spirit and purpose of this Act. The 
burden of proving the facts required for such a finding shall be on the person requesting the 
certification of exemption from the provisions of this Act. 
Section 6. Guidelines. The placement of an advertisement columns classified by 
publishers on the basis of sex, such columns headed “Male” or “Female” will be considered an 
expression of preference, limitation, specification or discrimination based on sex provided that 
the advertisement shall contain a sufficient notice that it is covered by the exemption to be 
determined by the Department of Labor and Employment as provided for in Section 5 hereof. 


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Section 7. Prevention of Unlawful Employment Practices. Whenever it is charged in 
writing under oath by a person claiming to be aggrieved, or a written charge has been filed by the 
Department of Labor and Employment or its authorized representative where there is a 
reasonable cause to believe that a violation of this Act as occurred that an employer, private 
employment agency or labor organization has engaged in an unlawful employment practice, the 
Department of Labor and Employment shall furnish such employer, private employment agency, 
or labor organization with a copy of such charge and make an investigation of such charge, 
provided that such charge shall not be made public by the Department of Labor and Employment. 
If the Department of Labor and Employment shall determine, after such investigation, that there 
is a reasonable cause to believe that the charge is true, the Department of Labor and Employment 
shall endeavor to eliminate any such alleged unlawful employment practice. 
Section 8. Regulations. The Department of Labor and Employment shall promulgate 
rules and regulations to implement the provisions of this Act. 
Section 9. Scope. The provisions of this Act shall apply only to employment advertising 
by private employer, labor organization, private employment agency and other private entities. 
Section 10. Penalties. Any violation of this Act shall be punished with a fine of not less 
than ten thousand pesos (P10,OOO.OO) or imprisonment of not less than three (3) months or both 
at the discretion of the court. If the offense is committed by corporation, trust, firm, partnership 
or association or other entity, the penalty shall be imposed upon the guilty officer or officers of 
such corporation, trust, firm, partnership or association or entity. 
Section 11. Separability Clause. If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
Section 12. Repealing Clause. Any law, presidential decree, or issuance, executive 
order, letter of instruction, administrative order, rule of regulation contrary to or inconsistent with 
the provisions of this Act is hereby repealed, modified or amended accordingly. 
Section 13. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 


Approved,