Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
______________________________________________________________________ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT 
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION 
AGAINST WOMEN AND OTHER GENDER-BASED MINORITIES ON 
ACCOUNT OF SEX AND GENDER, AMENDING FOR THE 
PURPOSE ARTICLES 133 [135] AND 135 [137] OF PRESIDENTIAL 
DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE 
LABOR CODE OF THE PHILIPPINES 
EXPLANATORY NOTE 
Sec. 18, Art. II of the 1987 Constitution states that “The State affirms labor as a primary 
social economic force. It shall protect the rights of workers and promote their welfare.” 
The purpose of this law is to broaden the current Labor preferring a male employee over 
a female employee when it comes to assignment and firing is prohibited under the code. 
marginalization based just on their sexes; depriving women of the perks of their jobs or 
statutory benefits because of their gender.  
Additionally, the bill imposes specific criminal penalties on employers who engage in any 
of the illegal forms of discrimination, as well as on any employees or other parties who 
facilitate their commission. 
On behalf of the people of Parañaque City’s Second District, and for the common good 
of the Filipino people, the approval of the said measure is earnestly sought. 
REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 
May 22, 2023
9:08 am
8205


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
______________________________________________________________________ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT 
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION 
AGAINST WOMEN AND OTHER GENDER-BASED MINORITIES ON 
ACCOUNT OF SEX AND GENDER, AMENDING FOR THE 
PURPOSE ARTICLES 133 [135] AND 135 [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 133 [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 to discriminate 
against any other person with respect with respect to 
terms and conditions of employment solely on account 
of gender-based conditions (such as, but not limited to, 
sexual orientation, pregnancy, marital status, and the 
like). 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, or to an
employee belonging to a gender-based minority as
against any other 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 [.]; PROVIDED, THAT THIS PROVISION SHALL
ALSO APPLY TO, OR BE IN FAVOR OF, AN EMPLOYEE
BELONGING TO A GENDER-BASED MINORITY; AND
(C) FAVORING A MALE EMPLOYEE OVER A FEMALE
EMPLOYEE OR EMPLOYEE BELONGING TO A GENDER-
BASED MINORITY WITH RESPECT TO DISMISSAL OF
8205


 
PERSONNEL 
OR 
THE 
APPLICATION 
OF 
ANY 
RETRENCHMENT, REDUNDANCY OR SIMILAR POLICY              
OF THE EMPLOYER SOLELY ON ACCOUNT OF THEIR 
SEX, GENDER, AND REPRODUCTIVE FUNCTION AND             
POTENTIAL. 
 
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 303 and 304 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. 
 
IN CASES OF DISCRIMINATION UNDER THIS ARTICLE, 
VICTIMS SHALL BE 
ENTITLED 
TO MONETARY 
COMPENSATION TO COMPENSATE FOR DAMAGES 
SUFFERED AS A RESULT OF DISCRIMINATION. 
EMPLOYERS FOUND GUILTY OF DISCRIMINATORY 
PRACTICES MAY BE LIABLE FOR PUNITIVE DAMAGES 
AS DETERMINED BY THE SEVERITY AND NATURE OF 
THE DISCRIMINATION. 
 
EMPLOYERS 
MUST 
IMPLEMENT 
AND 
MAINTAIN 
COMPREHENSIVE ANTI-DISCRIMINATION POLICIES IN 
THE WORKPLACE. EMPLOYERS SHALL CONDUCT 
REGULAR TRAINING 
PROGRAMS TO 
EDUCATE 
EMPLOYEES 
ON 
THEIR 
RIGHTS 
AND 
RESPONSIBILITIES PERTAINING TO DISCRIMINATION 
AND INCLUSIVITY. THE PURPOSE OF THESE POLICIES 
AND 
TRAINING 
PROGRAMS 
IS 
TO 
PROMOTE 
AWARENESS, FOSTER A CULTURE OF INCLUSIVITY, 
AND CULTIVATE RESPECT WITHIN ORGANIZATIONS. 
FAILURE TO COMPLY WITH THIS PARAGRAPH SHALL 
RESULT IN ADMINISTRATIVE SANCTIONS TO BE 
DETERMINED BY THE DOLE.” 
 
SEC. 2. Article 135 [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 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 BY REASON OF HER SEX. 
 
ANY EMPLOYER 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 MAY BE PROVIDED BY LAW,               
UPON CONVICTION, BE PUNISHED BY A FINE OF UP TO 
FIFTY THOUSAND PESOS (P50,000.00): PROVIDED,                    
THAT THE CONVICTION OR ACQUITTAL OBTAINED BY               
THE EMPLOYER SHALL NOT BE A BAR TO THE FILING                 
BY FEMALE EMPLOYEE OF A CIVIL SUIT FOR THE             
PAYMENT OF SALARIES OR BENEFITS DUE HER. 
 
THIS ARTICLE SHALL ALSO APPLY TO, OR BE IN FAVOR 
OF, AN EMPLOYEE BELONGING TO A GENDER-BASED 
MINORITY. 
 
ANY EMPLOYEE OR PERSON WHO WILFULLY 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 TIHE SAME MANNER AS THE 
EMPLOYER.” 
 
SEC. 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 
and other relevant stakeholders, shall issue the necessary rules and 
regulations to implement the provisions of this Act. 
 
SEC. 4. Separability Clause. - If any provisions of this Act is 
declared unconstitutional, the same shall not affect the validity and 
effectivity of the other provisions hereof. 
 
SEC. 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. 
 
SEC. 6. Effectivity Clause. - This Act shall take effect fifteen (15)              
days after its publication in the Official Gazette or in at least two (2)    
newspapers of general circulation. 
 
Approved,