Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
THIRTEENTH CONGRESS

First Regular Session

House Bill No._L. 9!"

Introduced by Hon, Rozzano Rufino B. Biazon

EXPLANATORY NOTE

Employers, trade union leaders and labor officials are one in saying that there are good Philippine
laws against discrimination but the problems lay in their enforcement. That public policy abhors

inequality and discrimination is beyond contention. Our Constitution and laws reflect the policy against
these evils.

‘The Constitution, in Section 1, Article XIIf thereof, in the Article on Social Justice and Human
Rights exhorts Congress to "give highest priority to the enactment of measures that protect and enhance
the right of all people to human dignity, reduce social, economic, and political inequalities."

The very broad Article 19 of the Civil Code requires every person, "in the exercise of his rights

and in the performance of his duties, act with justice, give everyone his due, and observe honesty and
good faith.”

Similarly, the Labor Code, in Article 3 thereof, provides that the State shall "ensure equal work
opportunities regardless of sex, race or creed."

Experts warned about new forms of discrimination that had emerged in recent years. Some of
these forms have been observed in the Philippines, including discrimination against graduates of schools
other than the country's top four or five universities, and prejudice against an aging work force.

While we cannot blame employers for wanting to hire young employees and those who are
graduates of certain educational institutions, this should not come at the expense of other prospective
employees whose only flaw is not being a graduate of a renowned school or university or being older than
what companies require. This is tantamount to entry-point discrimination, which should not be the case.
What employers need to look at are the capacity, capability and merit of an applicant.

‘As embodied in the Constitution, Congress should have the highest priority and duty to respond
to this kind of social ill in order to restore balance and harmony. Entry-point discrimination is just the tip
of the iceberg. It is high time for Congress to enact a definite law prohibiting this kind of discrimination
to arrest further social ills that may arise from this situation. It is important to give our eager workforce a
chance to prove themselves and be given hope in the face of aridity and disenchantment our country is
facing right now. Though this may not solve all our country’s woes, at least it is a step towards our
improvement as a nation.

For these reasons, immediate approval of this bill is earnestly requested.

lf: A :
ROPFANO RUFINO B. BIAZON

Representative
Lone District of Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City
‘THIRTEENTH CONGRESS
First Regular Session

House Bill No.1 9997

Introduced by Hon, Rozzano Rufino B. Biazon

AN ACT
PROHIBITING DISCRIMINATION IN THE HIRING OF EMPLOYEES OR
WORKERS IN GENERAL WITH REGARD TO THEIR AGE AND EDUCATIONAL
INSTITUTION FROM WHICH THEY EARNED THEIR DEGREES, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Declaration of Policy. - The State shall afford protection to labor, promote
full employment, and ensure equal work opportunities regardless of age or educational institution
from which one earned his/her degree.

SECTION 2. Prohibition against entry-point discrimination, ~ No emplo:
to hire prospective employees or workers for reason of age — unless such age is
work to be performed, or educational institution from which they graduated.

SECTION 3. Prohibition on advertisements and/or job postings. - Advertisements and/or
job postings stating a preference in hiring graduates of a certain educational institution over

others shall be prohibited. Likewise, those stating preferences for any age/age bracket shall be
prohibited.

Any media outfit that allows publication or airing of such advertisements shall be dealt with a
fine of not less than ten thousand pesos (P10,000.00) for each instance.

SECTION 4. Duty of the Secretary of Labor. - The Secretary of the Department of Labor
and Employment shall have the duty, among others, to monitor, report, admonish and
recommend, if necessary, the closure of any firm, company, or establishment found to be in
violation of this Act.

SECTION 5. Penalties. — Without prejudice to the immediately preceding section, any
violation of the provisions of this Act shall be dealt with a fine of not less than Ten Thousand
Pesos (P10,000.00) or imprisonment of not less than three (3) months nor more than three (3)
years, or both such fine and imprisonment at the discretion of the court.

SECTION 6. Implementing Rules and Regulations. — The Secretary of Labor shall
formulate the rules and regulations necessary for the effective implementation of this Act.

SECTION 7. Amending and Repealing Clause. ~ All other laws, decrees, orders, rules
and regulations and other issuances or parts thereof inconsistent with this Act are hereby
repealed or modified accordingly.


ECTION 8. Separability Clause. - If for any reason any section or provision of this Act,
or any portion thereof, or the application of such section, provision or portion to any person,
group or circumstances is declared invalid or unconstitutional, the remainder of this Act or the
application of such section, provision or portion thereof to other persons, groups or
circumstances shall continue to be in full force and effect.

SECTION 9. Dare of Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation or the Official Gazette.

Approved,