:;E'<. " ; r 
FIFTEENTH CONGRESS OF THE REPUBLIC) 
OFtr~CE (lr: ~fl'~~: $[CRCLi\.R¥ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. _...:::5:..,:5::....60:,..'· 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Section 22, Article" 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. 
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Senator 
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FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No.5 5 B 
, "" 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
i r. 
,lOCRE rr,R'/ 
ENSURING 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 the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Declaration of Policy. - 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. 
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 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. 
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 
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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, 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 those appointments must be in accordance with the 
civil service laws. 
SEC 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. 
SEC 6. Every employer shall respect the employee's right to actively participate 
in his religious or ethnic activities. 
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,OOO.00) nor more than Five hundred thousand pesos (P500,OOO.00) or 
imprisonment of not less than six (6) months nor more than six (6) years, or both. 
SEC B. Chapter V, Section 23 of Republic Act 8371, Book III, Title III, 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. 
SEC 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,