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 PROHIBITING GENDER DISCRIMINATION IN EMPLOYMENT 
ADVERTISING 
EXPLANATORY NOTE 
Sec. 14, Art. II of the 1987 Constitution states that “The State recognizes the role of 
women in nation-building, and shall ensure the fundamental equality before the law of 
women and men.” 
The majority of the time, gender discrimination takes place through covert and evasive 
tactics, particularly in job advertisements. Despite the aforementioned explicit legal 
provisions, this discrimination is pervasive and done in public. 
This proposed measure’s primary goal is to institutionalize the protections provided to 
both sexes by outlawing gender discrimination in employment advertisements and 
outlining consequences for transgressions. 
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
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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 PROHIBITING GENDER DISCRIMINATION IN EMPLOYMENT ADVERTISING 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the “Anti-Gender 
Discrimination in Employment Advertising Act.” 
SECTION 2. Declaration of Policy. – It is the policy of the State to ensure the equality of 
men and women by prohibiting gender discrimination in job opportunities advertising. 
SECTION 3. Definition of Terms. – For the purposes of this Act, the term: 
(A)
“Employer” includes any person acting in the interest of an employer, either                    directly
or indirectly. The term shall not include any labor organization or any of   its officers of agents
except when acting as an employer.
(B)
“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 employees, concerning
terms and conditions of employment.
(C)
“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.
(D)
“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.
SECTION 4. Prohibited Acts. – 
(1)
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 or any classification or referral for
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employment by such an employment agency, indicating any preference, limitation, 
specification or discrimination, based on sex or gender. 
 
(2) 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. 
 
SECTION 5. Exemption for Sex- and Gender-Based Bona Fide Occupational 
Qualifications. – Sex- and gender-based bona fide occupational qualifications shall be 
considered exempt from the coverage of the law, subject to the conditions outlined in this 
clause. “Sex- and gender-based bona fide occupational qualifications” refer to reasonable 
and justifiable requirements that are directly related to the inherent nature of a particular job 
or occupation, where sex or gender is a legitimate and necessary factor in determining an 
individual's ability to perform the essential functions of the job. 
 
The Department of Labor and Employment is authorized to determine, through an 
appropriate administrative issuance, the precise definition and scope of sex- and gender-
based bona fide occupational qualifications, taking into account prevailing societal norms, 
job requirements, and the principle of equal opportunity. It shall be the responsibility of 
employers to establish and demonstrate that the application of sex- and gender-based bona 
fide occupational qualifications is necessary for the efficient and effective performance of the 
specific job or occupation in question. 
 
SECTION 6. Placement of Discriminatory Advertisement. – The placement of an  
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 bona fide 
occupational qualification covered by the exemption in Section 5 hereof. 
 
SECTION 7. Prevention of Unlawful Employment Practices. – Whenever there is a 
charge 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 has occurred that an 
employer, private employment agency or labor organization has engaged in an unlawful 
employment practice, the Department of Labor and Employment shall furnish such employer, 
private employment agency or labor organization with a copy 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. 
 


 
SECTION 8. Regulations. – The Department of Labor and Employment shall promulgate 
rules and regulations to implement the provisions of this Act. 
 
SECTION 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. 
 
SECTION 10. Penalties. – Any violation of this Act shall be punished with a fine of not less 
than ten thousand pesos (P10,000.00) 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 such entity, the penalty shall be imposed upon the guilty 
officer or officers of such corporation, trust, firm, partnership, association or entity. 
 
SECTION 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. 
 
SECTION 12. Repealing Clause. – Any law, presidential decree or issuance, 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. 
 
SECTION 13. Effectivity Clause. – This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
 
 
Approved,