IN

HOUSE OF REPRESENTATIVES SY oN
‘Quezon City S RECEIVED 2)
pare: 2.9 NOV 2013% 0
SIXTEENTH CONGRESS ;
First Regular Session

HOUSE BILLNO._3426

Introduced by Hon. Giorgidi B. Aggabao

EXPLANATORY NOTE

This bill aims to provide greater significance and meaning to Section 22 Article
11 of the 1987 Constitution which states that the State recognizes and promotes the
rights of indigenous communities within the framework of national unity and
development.

Our indigenous communities have as much capability and skills as their
counterpart who live in the urbanized cities. It is therefore but fitting, that equal access
to opportunities particularly in employment is accorded them.

This bill requires government offices located in areas where there are
predominant indigenous communities , to reserve at least ten percent (10%) of the
positions in the rank and file to employ members of the indigenous communities
subject to rules and regulations of the Civil Service Commission. Likewise, private
enterprises who obtain loans , grants or other forms of financial assistance from
government-owned or controlled banks or financial institutions shall be given
preference to members of indigenous communities for employment to at least ten
percent (10%) of its labor force.

Approval of this bill is earnestly sought.

GIORGIDI B- AO


HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._8426

Introduced by Hon. Giorgidi B. Aggabao

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

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

SECTION 1. 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 predominantly found.

SEC.2. It shall be unlawful for an employer:

a) To refuse to hire or to discriminate against, with respect to compensation, terms,
conditions of employment, or to discharge, any person because of his religion or
ethnic 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 affect
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 a 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 reserve at least ten percent (10%) of the rank and file
positions in government service in areas where ICCs are predominantly found, for the
employment of IPs/ICCs; Provided, That the appointments must be in accordance with
the civil service laws.

SEC. 5 Every private enterprise with operations in areas where indigenous cultural
communities are predominantly found, 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 fo at least thirty percent (30%) of its
total assets shall give preferential employment to IPs/ICCs 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 in line with the religious protection as well as limitations
provided in the 19876 Constitution and jurisprudence.

SEC. 7. Any person responsible for the violation of any of the provisions of this Act
shall be liable to pay a fine of 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 (6) months nor more than six (6) years, or both.

SEC. 8. Chapter V, Section 23 of the Indigenous Peoples Rights Act or Republic Act
8371, Book 111,Book V, Title V, Article 246 of the Labor Code or Presidential Decree 442,
as amended, and any law or parts thereof inconsistent with the provision of this Act are
hereby repealed, modified or amended accordingly.

SEC. 9. This Act shall take effect fifteen (15) days following its publication in at least two
(2) national newspapers or general circulation.

Approved,