FOURTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
) 
First Regular Session 
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S E N A T E  
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Senate Bill No. 3 9 1 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The 1987 Constitution, Article 11, Section 14 provides for the fundamental 
equality of the sexes, thus: “The state recognizes the role of women in nation- 
building and shall ensure the fundamental equality before the law of’men and 
women.” 
Discrimination by reason of sex is usually effected by subtle and elusive 
means especially in employment advertising. This discrimination is widespread 
and done publicly, notwithstanding the above constitutional mandate. 
The main objective of this bill is to institutionalize the protection given to 
both sexes by eliminating gender discrimination in employment advertising and 
by providing penalties for violations thereof. 
Immediate passage of this bill is fervently sought. 
Senator 


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FOURTEENTH CONGRESS OF THE REPUBLIC 
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S E N A T E  
Senate Bill No. 391 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO PROHIBIT GENDER DISCRIMINATION IN EMPLOYMENT ADVERTISING 
Be it enacted by the Senate and House of Represenfafives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. This Act shall be known as “Anti-Gender 
Discrimination in Employment Advertising Act“. 
SEC 2. Declaration of Policy. It is the policy of the State to ensure 
equality of men and women by prohibiting gender discrimination in job 
opportunities advertising. 
SEC 3. Definition of Terms. For purposes of this Act, the term: 
“Employer” includes any person acting in the interest of an 
employer, directly or indirectly. The term shall not include any labor 
organization or any of its officers or agents except when acting as 
employer. 
“Labor Organization” 
means any union or association of 
employees which exists in whole or in part for the purpose of 
collective bargaining or of dealing with employers concerning terms 
and conditions of employment. 
“Private Employment Agency” means any person or entity engaged 
in the recruitment and placement of workers for a fee which is 
charged, directly or indirectly, from the workers or employers or 
both. 
“Recruitment and Placement” refers to any act of canvassing, 
enlisting, contracting, transporting, utilizing, hiring, procuring, 
workers and other similar acts, and includes referrals, locally or 
abroad, whether for profit or not: Provided, That any person or 
entity which, in any manner, offers or promises for a fee 
employment to two or more persons shall be deemed engaged in 
recruitment and placement. 
SEC 4. Prohibited Acts. 


It shall be unlawful discriminatory practice for any employer, 
whether for profit or not, any labor organization or any private 
employment agency to print, circulate or publish or cause to be 
printed, circulated or published any statement, circulation or 
publication relating to employment by such an employer or 
membership in any classification or referral for employment by such 
an employment agency, indicating any preference, limitation, 
specification or discrimination, based on sex, except that such a 
notice or advertisement may indicate a preference, limitation, 
specification or discrimination, based on sex when sex is a 
bonafide occupational qualification for employment. 
It shall be unlawful discriminatory practice for any person to aid, 
abet, incite, compel or coerce the doing of any of the acts forbidden 
under this section or to attempt to do so. 
SEC 5. 
Certification of Exemption. 
The Department of Labor and 
Employment shall have the power and it shall be its duty to certify upon request 
of any person that a particular occupation or position is exempt from the 
provisions of this Act relating to unlawful employment practices if the Department 
of Labor and Employment finds that the occupation or position reasonably 
requires the employment of person or persons of a particular sex and that such 
certification is not sought as means of circumventing spirit and purpose of this 
Act. The burden of proving the facts required for such a finding shall be on the 
person requesting the certification of exemption from the provisions of this Act. 
SEC 6. 
Guideline. The placement of and advertisement in columns 
classified by publishers on the basis of sex, such columns headed "Male" or 
"Female" will be considered an expression of preference, limitation, specification 
or discrimination based on sex provided that the advertisement shall contain a 
sufficient notice that it is covered by the exemption to be determined by the 
Department of Labor and Employment as provided for in Section 5 hereof. 
SEC 7. Prevention of Unlawful Employment Practices. Whenever it is 
charged in writing under oath by a person claiming to be aggrieved, or a written 
charge has been filed by the Department of Labor and Employment or its 
authorized representative where there is a reasonable cause to believe that a 
violation of this Act as occurred that an employer, private employment agency or 
labor organization with a copy of such charge and make an investigation of such 
charge and make an investigation of such charge, provided that such charge 
shall not be made public by the Department of Labor and Employment. If the 
Department of Labor and Employment shall determine, after such investigation, 
that there is a reasonable cause to believe that the charge is true, the 
Department of Labor and Employment, shall endeavor to eliminate any such 
alleged unlawful employment practice. 
SEC 8. Regulations. The Department of Labor and Employment shall 
promulgate rules and regulations to implement the provisions of this Act. 


SEC 9. Scope. The provisions of this Act shall apply only to employment 
advertising by private employer, labor organization, private employment agency 
and other private entities. 
SEC 10. Penalties. Any violation of this Act shall be punished with a fine 
of not less than ten thousand pesos (PlO,OOO.OO) or imprisonment of not less 
than three (3) months or both at the discretion of the court. If the offense is 
committed by a corporation, trust, firm, partnership or association or other entity. 
the penalty shall be imposed upon the guilty officer or officers of such 
corporation, trust, firm, partnership or association or entity. 
SEC 11. Separability Clause. If any provision, or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SEC 12. Repealing Clause. Any law, presidential decree or issuances, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to or inconsistent with, the provisions of this Act is hereby repealed, 
modified or amended accordingly. 
SEC 13. Effecfivify Clause. This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved,