Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by CIBAC Party-List Representative 
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA 
AN ACT  
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION 
AGAINST WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE 
PURPOSE ARTICLES 133 [135] AND 135 [137] OF PRESIDENTIAL 
DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE 
LABOR CODE OF THE PHILIPPINES 
EXPLANATORY NOTE 
As presently worded, the Labor Code of the Philippines already 
prohibits certain acts of discrimination against women. In particular, the 
Labor Code prohibits the payment of lesser compensation to a female as 
against a male employee, for work of equal value, as well as favoring a 
male over a female employee with respect to promotion, training 
opportunities, study, and scholarship grants solely on account of their 
sexes. In addition, employers are prohibited from denying any woman 
employee benefits provided for under the Labor Code, or discharging any 
woman employee for the purpose of preventing her from enjoying any of 
the benefits provided under the Code; discharging such women 
employees on account of pregnancy, or while on leave or in confinement 
due to pregnancy; and discharging or refusing the admission of women 
employees upon returning to work for fear that they may again be 
pregnant. 
While the inclusion of these provisions in the Labor Code was a 
laudable effort to ensure the protection of women in the workplace and 
November 7, 2022
8:05 am
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guarantee their equal treatment by employers, it is necessary to revisit the 
scope of the prohibited acts of discrimination under the Labor Code, 
especially considering that approximately 39.3% of women currently form 
part of the Philippine labor force.1 Furthermore, updating and expanding 
existing protections for women is consistent with Article XIII, Section 14 of 
the 1987 Constitution, which provides that the State shall protect working 
women by providing safe and healthful working conditions, taking into 
account their maternal functions, and such facilities and opportunities that 
will enhance their welfare and enable them to realize their full potential in 
the service of the nation.  
 
This bill seeks to expand the existing prohibitions under the Labor 
Code to include the following prohibitions: favoring a male employee over 
a female employee with respect to assignment and dismissal or 
retrenchment solely on account of their sexes; and denying women the 
benefits of employment or statutory benefits by reason of their sex. This 
bill likewise imposes a specific criminal penalty on employers who commit 
any of the prohibited acts of discrimination, as well as employees or 
persons who aid or abet in the commission of such acts.  
 
In a recent report, the Global Gender Gap Index of the World 
Economic Forum found that the gender gap in the Philippines is at 21.7%, 
exhibiting no improvement from its gender gap from 2021 to 2022.2 This 
bill is a step towards bridging this gender gap.  
 
Thus, the passage of this bill is earnestly sought.  
 
 
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA 
 
 
 
 
 
 
 
 
 
1
 2022. 
Labor 
force, 
female 
(% 
of 
total 
labor 
force 
– 
Philippines). 
World 
Bank. 
Available 
at 
https://data.worldbank.org/indicator/SL.TLF.TOTL.FE.ZS?locations=PH  (date last accessed: July 26, 2022).  
2
 July 
22, 
2022. 
Philippines 
slides 
down 
in 
annual 
gender 
gap 
index. 
PhilStar. 
Available 
at 
https://www.philstar.com/business/2022/07/22/2197250/philippines-slides-down-annual-gender-gap-index (date last accessed: 
July 26, 2022).  


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by CIBAC Party-List Representative 
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA 
AN ACT  
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION 
AGAINST WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE 
PURPOSE ARTICLES 133 [135] AND 135 [137] OF PRESIDENTIAL 
DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE 
LABOR CODE OF THE PHILIPPINES 
Be it enacted by the Senate and House of Representatives of the 
1 
Philippines in Congress assembled: 
2 
3 
SECTION 1. Article 133 [135] of Presidential Decree No. 442, as 
4 
amended, otherwise known as the Labor Code of the Philippines, is 
5 
hereby amended to read as follows: 
6 
7 
“ARTICLE 135. Discrimination Prohibited. - It shall be 
8 
unlawful for any employer to discriminate against any woman 
9 
employee with respect to terms and conditions of 
10 
employment solely on account of her sex. The following are 
11 
acts of discrimination: 
12 
13 
(a) Payment of a lesser compensation, including wage,
14 
salary or other form of remuneration and fringe benefits, to a
15 
female employee as against a male employee, for work of
16 
equal value; [and]
17 
18 
(b) Favoring a male employee over a female employee with
19 
respect to promotion, ASSIGNMENT, training opportunities,
20 
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study and scholarship grants solely on account of their 
1 
sexes[.]; AND 
2 
 
3 
(C) FAVORING A MALE EMPLOYEE OVER A FEMALE 
4 
EMPLOYEE 
WITH 
RESPECT 
TO 
DISMISSAL 
OF 
5 
PERSONNEL 
OR 
THE 
APPLICATION 
OF 
ANY 
6 
RETRENCHMENT, REDUNDANCY OR SIMILAR POLICY 
7 
OF THE EMPLOYER SOLELY ON ACCOUNT OF THEIR 
8 
SEXES 
AND 
REPRODUCTIVE 
FUNCTION 
AND 
9 
POTENTIAL.  
10 
 
11 
Criminal liability for the willful commission of any unlawful act 
12 
as provided in this Article or any violation of the rules and 
13 
regulations issued pursuant to Section 2 hereof shall be 
14 
penalized as provided in Articles 303 and 304 of this Code: 
15 
Provided, That the institution of any criminal action under this 
16 
provision shall not bar the aggrieved employee from filing an 
17 
entirely separate and distinct action for money claims, which 
18 
may include claims for damages and other affirmative reliefs. 
19 
The actions hereby authorized shall proceed independently 
20 
of each other.” 
21 
 
22 
SEC. 2. Article 135 [137] of the Labor Code is hereby amended to 
23 
read as follows:  
24 
 
25 
“ARTICLE 137. Prohibited Acts. - (a) It shall be unlawful for 
26 
any employer:  
27 
 
28 
(1) To deny any woman employee the benefits provided for 
29 
in this Chapter or to discharge any woman employed by him 
30 
for the purpose of preventing her from enjoying any of the 
31 
benefits provided under this Code;  
32 
 
33 
(2) To discharge such woman on account of her pregnancy, 
34 
or while on leave or in confinement due to her pregnancy;  
35 
 
36 
(3) To discharge or refuse the admission of such woman 
37 
upon returning to her work for fear that she may again be 
38 
pregnant [.]; OR 
39 
 
40 
(4) TO DENY ANY WOMAN THE BENEFITS OF 
41 
EMPLOYMENT OR OTHER STATUTORY BENEFITS 
42 
UNDER OUR LAWS BY REASON OF HER SEX.  
43 


 
1 
ANY EMPLOYER WHO COMMITS OR ATTEMPTS IN ANY 
2 
MANNER TO COMMIT ANY OF THE ACTS PROHIBITED 
3 
UNDER THIS ARTICLE OR ANY RULE OR REGULATION 
4 
ISSUED PURSUANT THERETO SHALL, IN ADDITION TO 
5 
OTHER PENALTIES AS MAY BE PROVIDED BY LAW, 
6 
UPON CONVICTION, BE PUNISHED BY A FINE OF UP TO 
7 
FIFTY THOUSAND PESOS (P50,000.00): PROVIDED, 
8 
THAT THE CONVICTION OR ACQUITTAL OBTAINED BY 
9 
THE EMPLOYER SHALL NOT BE A BAR TO THE FILING 
10 
BY THE FEMALE EMPLOYEE OF A CIVIL SUIT FOR THE 
11 
PAYMENT OF SALARIES OR BENEFITS DUE HER.  
12 
 
13 
ANY EMPLOYEE OR PERSON WHO WILLFULLY AIDS 
14 
OR ABETS IN THE COMMISSION OF THE ACTS 
15 
PROHIBITED 
HEREIN 
OR 
WHO 
CAUSES 
THE 
16 
COMMISSION OF ANY SUCH ACTS BY ANOTHER 
17 
SHALL BE LIABLE IN THE SAME MANNER AS THE 
18 
EMPLOYER.” 
19 
 
20 
SEC. 3. Implementing Rules and Regulations. - Within thirty (30) 
21 
days from the effectivity of this Act, the Secretary of Labor and 
22 
Employment, in consultation with the Tripartite Industrial Peace Council 
23 
and other relevant stakeholders, shall issue the necessary rules and 
24 
regulations to implement the provisions of this Act.  
25 
 
26 
SEC. 4. Separability Clause. - If any provision of this Act is 
27 
declared unconstitutional, the same shall not affect the validity and 
28 
effectivity of the other provisions hereof.  
29 
 
30 
SEC. 5. Repealing Clause. - All laws, executive orders, presidential 
31 
decrees, presidential proclamations, rules and regulations or parts thereof 
32 
inconsistent with the provisions of this Act are hereby repealed or modified 
33 
accordingly.  
34 
 
35 
 
SEC. 6. Effectivity Clause. - This Act shall take effect fifteen (15) 
36 
days after its publication in the Official Gazette or in at least two (2) 
37 
newspapers of general circulation. 
38 
 
39 
 
Approved, 
40