Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bitt No._ 278

Introduced by DIWA Party-list Representative Hon. Michael Edgar Y. Aglipay

EXPLANATORY NOTE

Even in this day and age, discrimination on the basis of sex persists. It takes many
forms, but it is, perhaps, most pernicious and most debilitating in the workplace, where rigid
company hierarchies and a lack of transparency can ensure that abuses go on unchecked. The
role of legislation in this case is to rip away the protective veil of sexual discrimination, by
making its violations visible by virtue of making the text of the law explicit with regard to
which actions constitute discrimination, as well as making sure that the gravity of the
punishment suits the gravity of the offense.

This Bill, a re-filing of House Bill 675 of DIWA Party-list filed during the 17
Congress. | earnestly seek approval of this measure.

MICH.
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._ 278

Introduced by DIWA Party-list Representative Hon. Michael Edgar Y. Aglipay

AN ACT EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION
AGAINST WOMEN ON ACCOUNT OF SEX, AMENDING FOR THE
PURPOSE ARTICLES 135 AND 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 Republic of the Philippines
in Congress assembled:

SECTION 1. — Article 135 of Presidential Decree No. 442, as amended, otherwise
known as the "Labor Code of the Philippines", is hereby amended to read as follows:

“Article 135 Discrimination Prohibited. — It shall be unlawful for any employer to
discriminate against any woman employee with respect to terms and conditions of
employment solely on account of her sex, OR CHARACTERISTICS OF HER SEX,
WHETHER ACTUAL OR PRESUMED.

"The following are acts of discrimination:

“(a) Payment of a lesser compensation, including wage, salary or other form of
remuneration and fringe benefits to a female employee as against a male employee for
work of equal value; [and]

“(b) Favoring a male employee over a female employee with respect to promotion,
ASSIGNMENT, training opportunities, study and scholarship grants solely on
account of their SEX, OR CHARACTERISTICS OF HER SEX, WHETHER
ACTUAL OR PRESUMED; AND

“(C) FAVORING A MALE EMPLOYEE OVER A FEMALE EMPLOYEE WITH
RESPECT TO DISMISSAL OF PERSONNEL OR THE APPLICATION OF ANY
RETRENCHMENT POLICY OF THE EMPLOYER SOLELY ON ACCOUNT OF
THEIR SEX, OR CHARACTERISTICS OF THEIR SEX, WHETHER ACTUAL OR
PRESUMED.

“Criminal liability for the willful commission of any unlawful act as provided in this

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Article or any violation of the rules and regulations issued pursuant to Section 2
hereof shall be penalized as provided in Articles 288 and 289 of this Code: Provided,
That the institution of any criminal action under this provision shall not bar the
aggrieved employee from filing an entirely separate and distinct action for money
claims, which may include claims to damages and other affirmative reliefs. The
actions hereby authorized shall proceed independently of each other.”

SECTION 2. Article 137 of the Labor Code is hereby amended to read as follows:
“Article 137. Prohibited Acts. - (a) It shall be unlawful for any employer:

“(1) To deny any woman employee the benefits provided for in this Chapter or to
discharge any woman employed [by him] for the purpose of preventing her from
enjoying any of the benefits provided under this Code;

(2) To discharge such woman on account of her pregnancy, or while on leave or in
confinement due to her pregnancy;

(3) To discharge or refuse the admission of such woman upon remaining to her work
for fear that she may again be pregnant [.]; OR

“(4) TO DENY ANY WOMAN THE BENEFITS OF EMPLOYMENT OR OTHER
STATUTORY BENEFITS UNDER OUR LAWS BY REASON OF HER SEX.

“ANY EMPLOYER WHO COMMITS OR ATTEMPTS IN ANY MANNER TO
COMMIT A NY OF THE ACTS PROHIBITED UNDER THIS ARTICLE OR
ANY RULEOR REGULATION ISSUED PURSUANT THERETO SHALL, IN
ADDITION TO OTHER PENALTIES AS MAY BE PROVIDED BY LAW, UPON
CONVICTION, BE PUNISHED BY A FINE OF NOT LESS THAN FIFTY
THOUSAND PESOS (P50,000.00) BUT NOT MORE THAN TWO
HUNDRED THOUSAND PESOS — (P200,000.00), AND/OR SUFFER
IMPRISONMENT OF NOT LESS THAN ONE (1) YEAR BUT NOT MORE
THAN TWO (2) YEARS: PROVIDED, THAT THE CONVICTION OR
ACQUITTAL OBTAINED BY EMPLOYER SHALL NOT BE A BAR TO THE
FILING BY THE FEMALE EMPLOYEE OF A CIVIL SUIT FOR THE PAYMENT
OF SALARIES OR BENEFITS DUE HER.

“ANY EMPLOYEE OR PERSON WHO WILLFULLY AIDS OR ABETS IN THE
COMMISSION OF THE ACTS PROHIBITED HEREIN OR WHO CAUSES THE.
COMMISSION OF ANY SUCH ACTS BY ANOTHER SHALL BE LIABLE IN
THE SAME MANNER AS THE EMPLOYER.”

SECTION 3. Implementing Rules and Regulations. — Within thirty (30) days from
the effectivity of this Act, the Secretary of Labor and Employment, in consultation with the
Tripartite Industrial Peace Council, shall issue and publish the necessary rules and
regulations to implement the provisions of this Act.

SECTION 4. Separability Clause. — If any provision of this act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provision
hereof.

SECTION 5. Repealing Clause. ~ All laws, executive orders, presidential decrees,
presidential proclamations, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

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SECTION 6. Effectivity Clause. — This act shall take effect fifteen (15) days from
its publication in the Official Gazette or at least two (2) national newspapers of general
circulation.

Approved,

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