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Republic of the Philippines \ Ke
HOUSE OF REPRESENTATIVES
Quezon City
First Regular Session
SIXTEENTH CONGRESS

HOUSE BILL No. 1753

Introduced by: REPRESENTATIVE EMI CALIXTO-RUBIANO

Explanatory Note

On 15 February 2010, Republic Act No. 9994, otherwise known as “The
Expanded Senior Citizens Act of 2010", was signed into law. It expanded the coverage
of the benefits accorded to the elderly that includes a twenty percent (20%) discount
and exemption from value added tax (VAT) in the sale and availment of certain goods
and services. It also addressed other concerns such as the provision of senior citizens
ward in hospitals, social pension for indigent Senior Citizens, mandatory coverage of
PhilHealth, access to formal and non-formal education, and the establishment of the
Office of Senior Citizens Affairs all over the country.

The new law also mandates that the government assist the elderly should they
desire to be re-employed or be part of the work force through programs such as job
matching. Moreover, companies that employ senior citizens will be given tax incentives.

However, it is observed that while the new law encourages private entities to hire
senior citizens in their employ, it does not penalize refusal on the part of private
companies to hire elderly persons. This is simply equates to discrimination on account
of old age. Thus, this proposed measure seeks to address this concern.

The 1987 Constitution is against discrimination. Congress passed laws that
prohibits discrimination on account of gender such as the Anti-Violence Against Women
Act and the Magna Carta for Women. But so far, Congress has not passed any
legislation prohibiting discrimination on account of age.


Age discrimination is a reality in the Philippines. Browse through recruitment ads
and one will find age as a requirement for employment. And most often, the age ceiling
is 40 years old. This effectively bans the 40, 50 and 60 year olds from employment
opportunities however able they may be.

The United States addressed age discrimination a long time ago. In 1967, they
passed the Age Discrimination in Employment Act which makes it illegal to discriminate
against age. It covers a protected class of persons aged 40 to 70. Among others, it
provides that an employer cannot refuse to hire or employ someone based on age or
cannot indicate a preference, limitation or discrimination based on age.

Our country, after passing those laws for the benefit of our senior citizens must
take its next step: Pass a law against age discrimination.

This proposed bill is a re-filed measure from the 15" Congress (House Bill
No. 2591) filed by this humble Representation. During the previous Congress, it was
referred to the Committee on Labor and Employment and was deliberated by the said
Committee.

In view of the foregoing, the passage of this bill is earnestly sought for.

j3h—

EMI CALIXTO-RUBIANO:
Representative
Lone District of Pasay City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
SIXTEENTH CONGRESS

re
House BILL No__ 1753

Introduced by: REPRESENTATIVE EMI CALIXTO-RUBIANO

AN ACT PROHIBITING DISCRIMINATION ON ACCOUNT OF AGE
IN EMPLOYMENT PROVIDING PENALTIES THEREFOR
AND FOR OTHER PURPOSES

Section 1. Short Title. This Act shall be known as the “Anti-Age Discrimination Act of
2013".

Section 2. Declaration of Policy. \t is hereby declared a policy of the State to work for
the elimination of all forms of discrimination. Certain acts particularly described herein
shall be penalized,

Section 3. Prohibited Practices. Except those prohibitions against the employment of
minors, it is hereby declared unlawful for any person, group, institution, agency, or any
establishment to:

a. Make age as a requirement for employment;

b. Place advertisements which list age as a requirement for employment;

c. Lower retirement age other than those prescribed in the Constitution for the
Judiciary and the retirement age for the PNP and the Armed Forces;

d. Refuse to hire a person because of advance age; and/or

e. Indicate age preference as a condition for employment.

Section 4. Penalties. — Persons found guilty of any of the unlawful practices
enumerated in the preceding Section shall be penalized with a fine of not less than Ten
Thousand Pesos (PhP10,000.00) or imprisonment of not less than one (1) month but
not more than one (1) year, or both at the discretion of the court.


The penalty contained herein is without prejudice to the award of damages to the
aggrieved party, as may be proven during the trial. The institution of a criminal action
shall impliedly include the civil action, unless a separate civil action has been filed or a
reservation for the filing of such action is made.

Section. 5. Implementing Rules. One month after the enactment of this law, the
Department of Labor and Employment (DOLE), shall promulgate the implementing rules
and regulations (IRR) for the effective implementation of this Act.

Section 6. 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 7. 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 8. 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,