SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.B.No._ 8508

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizeaya

EXPLANATORY NOTE

Section 22, Article Il of the 1987 Constitution provides that
“the State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.”

This bill seeks to ensure equal employment opportunities to
members of indigenous cultural communities.

Under this measure, the government shall, in areas where
indigenous cultural communities predominate, reserve at least ten
percent (10%) of the rank and file positions in government service
in these areas for the employment of members of these
communities.

Furthermore, it is proposed that private enterprises with
operations in areas where indigenous cultural communities exist
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 to at least thirty
percent (30%) of its total assets, shall give preferential
employment to members of these communities for their operations


in these areas by hiring them in to at least ten percent (10%) of its
labor force.

The benefits and safeguards embodied in this bill are some of
the necessary mechanisms to enforce and guarantee the realization
of the rights of indigenous peoples, taking into consideration their
customs, traditions, values.

Hence, the immediate passage of this bill is earnestly
requested.

ae ian ike


SEVENTTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES  )
First Regular Session )

HOUSE OF REPRESENTATIVES

H.B.No, 3588

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizeaya

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 predominant.

SECTION. 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 ethic 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.

SECTION. 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.

SECTION. 4. The government shall, in areas where indigenous
cultural communities predominate, reserve at least ten percent
(10%) of the rank and-file positions in government service in these
areas for the employment of members of these communities;
Provided, That that appointments must be in accordance with the
civil service laws.

SECTION. 5. Every private enterprise with operations in areas
where indigenous cultural communities predominate 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 to at least thirty
percent (30%) of its total assets shall give preferential employment
to members of these communities for their operations in these
areas by hiring them into at least ten percent (10%) of its labor
force.

SECTION. 6. Every employer shall respect the employee’s right

to actively participate in his religious or ethnic activities.


SECTION. 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 (2100,000.00) nor more than five
hundred thousand pesos (#500,000.00) or imprisonment of not less
than six (6) months nor more than six (6) years, or both.

SECTION. 8. Chapter V, Section 23 of Republic Act 8371,
Book III, Title Ill, Book V, Title V, Article 246 of Presidential
Decree 442, as amended, and any law or parts thereof inconsistent
with the provisions of this Act are hereby repealed, modified or

amended accordingly.

SECTION. 9. This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in at least two
(2) national newspapers or general circulation, whichever comes
earlier.

Approved,