THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
-04 JtlL 15 112 :'I 2 
First Regular Session 
) 
EXPLANATORY NOTE 
SENATE , 
1 
Introduced by Senator Franklin M. Drilon 
However, in the Philippines today, and even with the worldwide 
emancipation of I women in society, discrimination against women generally still 
exists in the ordinary workplace. Filipino women continue to suffer indignities in 
the course of their employment, merely because they are women. While our 
Constitutional policy is clear - Section 14, Article I1 of the Constitution requires 
the State to recognize the role of women in nation-building and to ensure the 
fundamental equality before the law of women - enabling legislation to fully 
carry out this mandate, is lacking. 
This bill 'penalizes the employer who will give preference to a male 
employee over a female employee in the hiring process, whether through notices 
or advertisements for employment or in the actual recruitment, hiring or 
employment of porkers where the particular job can be equally handled by a 
woman. 
Also, it prjohibits the denial to any women the benefits of employment or 
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other statutory benefits under our laws by reason of her sex. 
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Y 
c 
Gone are the days when women were considered to be the weaker sex, 
according to a recent study by Time magazine. We must not only recognize that 
women have an important role in nation building, but also realize that their 
position in society is eminent, integral and indispensable. 
This humble representation urges the immediate passage of this bill. 


;, 
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
JUL 15 Pl2 3 2  
First Regular Session 
1 
/ 
SENATE 
S. No. a 
i 
' 
Introduced by Senator Franklin M. Drilon 
AN ACT 
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST 
ARTICLES 135 AND 137 OF P.D. 442, AS AMENDED, OTHERWISE 
KNOWN AS THE LABOR CODE OF THE PHILIPPINES 
WOMEN ON ACCOUNT OF SEX, AMENDING 
FOR THE PURPOSE 
Be it enjcted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECT10 t/ 1. Articles 135 of P.D. 442, as amended, otherwise known as 
the Labor Code of the Philippines, is hereby further amended to read as follows: 
"Art. 135., Discrimination Prohibited. - It shall be unlawful for any 
employer; to ' discriminate against any women employee with 
respect to terms and conditions of employment solely on account of 
hersex: 
! 
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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 with respect to promotion, 
ASSIGNMENT, 
training 
opportunities, 
study 
and 
 scholarship grants solely on account of their sexes; 
(c)'GIVING PREFERENCE TO A MALE EMPLOYEE OVER A 
~ FEMALE EMPLOYEE IN THE HIRING PROCESS, WHETHER 
 THROUGH 
NOTICES, 
ANNOUNCEMENTS 
OR 
~ ADVERTISEMENTS 
FOR 
EMPLOYMENT 
AND 
APPRENTICESHIP OR IN THE ACTUAL RECRUITMENT, 
HIRING OR EMPLOYMENT OF WORKERS WHERE THE 
PARTICULAR JOB CAN BE EQUALLY HANDLED BY A 
WOMAN: AND 
(d)FAVORING 
A 
MALE EMPLOYEE OVER A 
FEMALE 
EMPLOYEE 
WITH 
RESPECT 
TO 
DISMISSAL 
OF 
PERSONNEL OR THE APPLICATION OF THE FIRST IN - 


' FIRST OUT OR OTHER RETRENCHMENT POLICY OF THE 
I EMPLOYER. 
AND 
Criminal liability for the willful commission of any unlawful 
act as provided in this article or any violation of the rules and 
regulations issued pursuant to Section 2 of Republic Act No. 6725 
shall be penalized as provided in Article 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 for damages and other affirmative reliefs. 
The 
actions tiereby authorized shall proceed independently of each 
other." 
SECTION 3. Within thirty (30) days from the effectivity of this Act, the 
Department of Labor' and Employment, shall issue and publish the necessary 
rules and regulations to implement the provisions of this Act. 
SECTION 4. I f  any provision of this Act is held to be unconstitutional or 
invalid, the same shall not affect the remainder thereof. 
SECTION 5. AI1 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. 
SECTION 6. This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in at least two (2) newspapers of national 
circulation whichever comes earlier. 
Approved,