Republic of the Philippines A
House of Representatives

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1 G64

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

AN ACT
‘TO ENSURE EQUAL EMPLOYMENT OPPORTUNITIES TO MEMBERS OF
INDIGENOUS CULTURAL COMMUNITIES AND PREFERENCE IN CERTAIN CASES
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Section 22, Article II of the 1987 Constitution provides that “the State recognized 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 and values.

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

dk VISA ped CUARESMA


Republic of the Vhilippines
House of Representatives

NINETEENTH CONGRESS
First Regular Session

House BILL No. 1684

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

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 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
(P.100,000.00) 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 II,
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,