FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
'3 1::' 90 
s. B. No. 
," d 
Prepared jointly by the Committees on Labor, Employment and Human 
Resources Development and Youth Women and Family Relations in substitution of S. 
B. Nos. 378, 529 and 802 with Senators Ejercito Estrada, Revilla and Madrigal as 
authors thereof 
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: 
1 
SECTION 1. Article 136 of Presidential Decree No. 442, as amended. 
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otherwise known as the Labor Code of the Philippines, is hereby further 
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amended to read as follows: 
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"ART. 136. DISCRIMINATION PROHIBITED - It shall be unlawful 
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for any employer to discriminate against any woman employee with 
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respect to terms and conditions of employment solely on account of 
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her sex. 
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The following are acts of discrimination: 
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(a) Payment of a lesser compensation, including wage, salary 
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or other form of remuneration and fringe benefits, to a female 
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employee as against a male employee, for work of equal value; 
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[and] 
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(b) Favoring a male employee over a female employee with 
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respect to promotion, ASSIGNMENT, training opportunities, study 
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and scholarship grants solely on account of their sexes [.] j AND 
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(C) GIVING PREFERENCE TO A MALE EMPLOYEE OVER 
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A FEMALE EMPLOYEE IN THE HIRING PROCESS, WHETHER 
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THROUGH 
NOTICES, 
ANNOUNCEMENTS, 
OR 
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ADVERTISEMENTS 
FOR 
EMPLOYMENT 
AND 
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APPRENTICESHIP OR IN THE ACTUAL RECRUITMENT, 
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HIRING OR EMPLOYMENT OF WORKERS WHERE THE 
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PARTICULAR JOB CAN BE EQUALLY HANDLED BY A WOMAN, 
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AND 
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(D) FAVORING A MALE EMPLOYEE OVER A FEMALE 
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EMPLOYEE WITH RESPECT TO DISMISSAL OF PERSONNEL 


1 
OR THE APPLICATION OF THE FIRST IN - FIRST OUT OR 
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OTHER RETRENCHMENT POLICY OF THE EMPLOYER" . 
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Criminal liability for the willful commission of any unlawful 
4 
act as provided in this article or any violation of the rules and 
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regulations issued pursuant to Section 2 hereof shall be penalized as 
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provided in Articles 288 and 289 of this Code: Provided, That the 
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institution of any criminal action under this provision shall not bar 
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the aggrieved employee from filing an entirely separate and distinct 
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action for money claims, which may include claims for damages and 
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other affirmative relief. The actions hereby authorized shall proceed 
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independently of each other." 
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SEC. 2. Article 137 of the Labor Code is hereby amended to read a" 
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follows: 
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"ART. 137. PROHIBITED ACTS - (a) It shall be unlawful for any 
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employer: 
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(1) To deny any woman employee the benefits provided for in 
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this Chapter or to discharge any woman employed by him for the 
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purpose of preventing her from enjoying any of the benefits 
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provided under this Code: 
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(2) To discharge such woman on account of her pregnancy, or 
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while on leave or in confinement due to her pregnancy; 
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(3) To discharge or refuse the admission of such woman upon 
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returning to her work for fear that she may again be pregnant [.]; 
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OR 
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(4) 
TO 
DENY ANY 
WOMAN THE 
BENEFITS 
OF 
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EMPLOYMENT OR OTHER STATUTORY BENEFITS UNDER 
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OUR LAWS BY REASON OF HER GENDER." 
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SEC. 3. Penalties. - Any employer who commits or attempts in any manner 
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to commit any of the acts herein prohibited shall, in addition to other penalties as 
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may be provided by law, upon conviction hereof, be punished by a fine of not 
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less than Fifty Thousand Pesos (P50,OOO.OO), but not more than Two Hundred 
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Thousand Pesos (P200,OOO.OO), and suffer imprisonment of not less than two (2) 
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years but not more than four (4) years: Provided, That the conviction or acqUIttal 
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obtained by the employer shall not be a bar to the filing by the female employee 
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of a civil suit for the payment of salaries or benefits due her. 
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Any employee or person who willfully aids or abets in the commission of 
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the acts prohibited herein or who causes the commission of any such acts by 
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another shall be liable in the same manner as the employer. 
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If the offender is not a Filipino citizen, he shall be deported immediately 
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upon service of the sentence imposed herein. If he is a government official or 
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employee, he shall be dismissed from the service and shall serve the maximum 
42 
penalty prescribed for the offense. 
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In the case of associations, partnerships or corporations, the penalty shall 
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be imposed on the partner, president, general manager, branch manager OT 
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responsible officer responsible for the violation. 


SEC. 4. Implementing Rules and Regulations. - Within thirty (30) davs 
2 
from the effectivity of this Act, the Secretary of Labor and Employment: 111 
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consultation with the Tripartite Industrial Peace Council, shall issue and publIsh 
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the necessary rules and regulations to implement the provisions of this Act. 
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SEC. 5. Separability Clause. - If any provision of this Act is declared 
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unconstitutional, the same shall not affect the validity and effectivity of the other 
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provisions hereof. 
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SEC. 6. Repealing Clause. - All laws, executive orders, presidentIal 
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decrees, presidential proclamations, rules and regulations or parts thereOl 
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inconsistent with the provisions of this Act are hereby repealed or modifred 
II 
accordingly. 
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SEC. 7. Effectivity Clause. - This 
days after its complete 
publication 
newspaper of general circulation. 
Approved, 
Act shall 
take effect fifteen (I5) 
in 
the 
Official 
Gazette or in a