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SENATE OF THE PHILIPPINES 
) 
(4)tfl(~ of HIe- ~"'rvb.r~ 
SIXTEENTH CONGRESS 
) 
First Regular Session 
) 
'13 
AUG 29 
P·4 :41 
SENATE 
Senate Bill No. 
1427 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
The role of women in nation-building is recognized in all 
democratic countries. It cannot be disputed that they make enormous 
contributions in economic developments, whether as entrepreneurs or 
employees. As such, the state has to ensure that their rights are 
adequately protected. 
As embodied in the 1987 Constitution, "the State recognizes the 
role of women in nation-building, and shall ensure the fundamental 
equality before the law of women and men." 
However, 
existing 
measures 
for 
their 
protection 
against 
discrimination and exploitation are not sufficient to ensure that women 
are free from unirur treatment at the workplace. 
This bill seeks to ensure that employment policies on promotion, 
benefits and termination are free from gender-based discrimination. It is 
specifically crafted in line with the principle that employment for women 
should be dealt with on the basis of merit. 
In addition, the bill enjoins employers to recognize and respect the 
rights of women at the workplace by prescribing penalties for any 
violation of these legal provisions. 
In view of the foregoing, the passage of this bill is earnestly urged. 
JOSEPH~~ 
G~ EJERCITO 


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SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 142'7 
Rf:f'!'!':FO BY; r 
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Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
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 ' 
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. 
"The following are acts of discrimination: 
"tal 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 sexes[.]; AND 
"(C) 
FAVORING A 
MALE 
EMPLOYEE 
OVER A 
FEMALE 
EMPLOYEE W11~H RESPECT TO DISMISSAL OF PERSONNEL OR THE 
APPLICATION OF ANY RETRENCHMENT POLICY OF THE EMPLOYER 
SOLELY ON ACCOUNT OF THEIR SEXES. 
"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 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 for 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 di8charge 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 
returning 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 BJ REASON 
OF HER SEX. 
"ANY EMIPLOYER WHO COMMITS OR ATTEMPTS IN ANY 
MANNER TO COMMIT ANY OF THE ACTS PROHIBITED UNDER THIS 
ARTICLE OR ANY RULE OR REGULATION ISSUED PURSUANT 
THERETO SHALL, IN ADDITION TO OTHER PENALTIES AS !WAY BE 
PROVIDED BY LAW, UPON CONVICTION, BE PUNISHED BY A FINE 
OF NOT LESS THAN FIFTY THOUSAND PESOS (P50,OOO.OO) BUT 
NOT 
MORE 
THAN TWO 
HUNDRED 
THOUSAND 
PESOS(P200,OOO.OO), AND SUFFER IMPRISONMENT OF NOT LESS 
THAN TWO (2) YEARS BUT NOT MORE THAN FOUR (4) YEARS: 
PROVIDED, THAT THE CONVICTION OR ACQUITTAL OBTAIN,JD BY 
THE EMPLOYER SHALL NOT BE A BAR TO THE FILING Bt' 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 provisions 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. 
SECTION 6. Effectivity Clause. - This Act shall take effect fifteen 
(15) days after its complete publication in the Official Gazette or in a 
newspaper of general circulation. 
Approved,