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Republic of the Phili
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
SIXTEENTH CONGRESS

HOUSE BILL Ne 2280

Introduced by REPRESENTATIVE EMI G. CALIXTO-RUBIANO

Explanatory Note

On 15 February 2010, Republic Act No. 9994, otherwise known as “The
Expanded Senior Citizens Act of 2010”, was signed into law. It expanded the coverage of
the benefits accorded accorded to the elderly that includes a twenty percent (20%)
discount and exemption from value added tax (VAT) in the sale and availment of certain
goods and services. It also addressed other concerns such as the provision of senior
citizens ward in hospitals, social pension for indigent Senior Citizens, mandatory
coverage of PhilHealth access to formal and non-formal education, and the establishment
of the Office of Senior Citizens Affairs all over the country.

The new law also mandates that the government assist the elderly should they
desire to be re-employed or to be part of the work force through programs such as job
matching, Moreover, companies that employ senior citizens will be given tax incentives.

However, itis observed that while the new law encourages private entities to hire
senior citizens in their employ, it does both penalize refusal on the part of private
companies to hire elderly persons. This simply equates to discrimination on account of
old age. Thus, this proposed measure seeks to address this concern,

The 1987 Constitution is against discrimination. Congress passed laws that
prohibits discrimination on account of gender such as the Anti-Violence Against Women
‘Act and the Magna Carta for Women, But so far, Congress has not passed any legislation
prohibiting discrimination on account of age.

Age discrimination is a reality in the Philippines. Browse through recruitment ads
and one will find age as a requirement for employment. And most often, the age ceiling is
40 years old. This effectively bans the 40, 50 and 60 years olds from employment
opportunities however able they may be.

The United States addressed age discrimination a long time ago. In 1967, they
passed the Age Discrimination in Employment Act which makes it illegal to discriminate
against age, It covers a protected class of persons aged 40 to 70. Among others, it

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provides that an employer cannot refuse to hire or employ someone based on age or
cannot indicate a preference, limitation or discrimination based on age.

Our country, after passing those laws for the benefit of our senior citizens must
takes its next step. Pass a law against age discrimination.

Further, this is a re-filed measure from the 15" Congress.

Hence, the passage of this bill is earnestly sought for.

ph
EMI G. CALIXTO-RUBIANO

Representative
Lone District of Pasay City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
SIXTEENTH CONGRESS

2280

HOUSE BILL No.

Introduced by REPRESENTATIVE EMI G, CALIXTO-RUBIANO-

AN ACT PROHIBITING DISCRIMINATION ON ACCOUNT OF AGE
IN EMPLOYMENT PROVIDING PENALTIES THEREFOR
AND FOR OTHER PURPOSES

Section 1. Short Title. This Act shall as the “Anti-Age Discrimination Act of 2010.”

Section 2. Declaration of Policy. It is hereby declared a policy of the State to work for
the elimination of all forms of discrimination, Certain acts particularly described herein
shall be penalized.

Section 3. Prohibited Practices. Except those prohibitions against the employment of
minors, it is hereby declared unlawful for any person, group, institution, agency, or any
establishment to:

a, Make age as a requirement for employment;

b. Place advertisements which list age as a requirement for employment;

c. Lower retirement age other than those prescribed in the Constitution for the
Judiciary and the retirement age for the PNP and the Armed Forces;

d. Refuse to hire a person because of advance age; and/or

e. Indicate age preference as a condition for employment.

Section 4, Penalties. - Persons found guilty of any of the unlawful practices enumerated
in the preceding Section shall be penalized with a fine of not less than Ten Thousand
Pesos (PhP 10,000.00) or imprisonment of not less than one (1) month but m=not more
than one (1) year, or both at the discretion of the court.

The penalty contained herein is without prejudice to award of damages to the
aggrieved party, as may be proven during the trial. The institution of a criminal action
shall impliedly include the civil action has been filed or a reservation for the filing of
such action is made.

Section 5. Implementing Rules. One month after the enactment of this law, the
Department of Labor and Employment (DOLE), shall promulgate the implementing rules
and regulations (IRR) for the effective implementation of this Act.


Section 6. 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 subsisting.

Section 7. Repealing Clause. — Any law, a presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with, the provisions of this Act is hereby repealed, modified, or amended

accordingly.

Section 8. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,