NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
^CUatt
0( U)C mq*
•22 AUG-4 A 9 36
SENATE
s. No. 1026
RecEiv^-D iiV ,.;
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
ENSURING EQUAL EMPLOYMENT OPPORTUNITIES TO MEMBERS OF 
INDIGENOUS CULTURAL COMMUNITIES AND PREFERENCE IN CERTAIN 
CASES AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Article II, Section 22 of the 1987 Constitution provides that "the State 
recognizes and promotes the rights of indigenous cultural communities within the 
framework of national unity and development."
This bill seeks to ensure equal employment opportunities to members of 
Indigenous cultural communities.
Under this measure, the government shall, in areas where indigenous cultural 
communities predominate, reserve at least ten percent (10%) of the rank-and-file 
positions in government service in these areas for the employment of members of 
these communities.
Furthermore, it is proposed that private enterprises with operations in areas 
where indigenous cultural communities exist and which obtains loans, grants, or any 
kind of financial assistance from the government or any government-owned or 
controlled bank or financial institution in the amount equivalent to at least thirty


percent (30%) of its total assets, shall give preferential employment to members of 
these communities for their operations in these areas by hiring them in to at least 
ten percent (10%) of its labor force.
The benefits and safeguards embodied in this bill are some of the necessary 
mechanisms to enforce and guarantee the realization of the rights of indigenous 
peoples, taking into consideration their customs, traditions, values.
Hence, the immediate passage of this bill is earnestly requested.
JIN^GOY EJERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE 
S. No. ^0S6
72 MiG -4 A 9 36
\VXt*V>. 8v —
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
ENSURING EQUAL EMPLOYMENT OPPORTUNITIES TO MEMBERS OF 
INDIGENOUS CULTURAL COMMUNITIES AND PREFERENCE IN CERTAIN 
CASES AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Declaration of Policy. - It is hereby declared the policy of the State to
2 
promote social justice by ensuring equal employment opportunities to members of
3 
indigenous cultural communities and to give preference to them in areas where they
4 
are predominant.
5 
Sec. 2. It shall be unlawful for an employer:
6 
a) To refuse to hire or to discriminate against, with respect to
7 
compensation, terms, conditions of employment, or to discharge, any
8 
person because of his religion or ethic origin; or
9 
b) To group, segregate, or classify employees in a way which would deprive
10 
or tend to deprive any person of employment opportunities or otherwise
11 
adversely affect his status as an employee because of his religion or
12 
ethnic origin.
13 
Sec. 3. It shall be unlawful for a labor union or federation:
14 
a) To exclude or expel from its membership any person because of his
15 
religion or ethnic origin; or


1 
b) To cause or attempt to cause an employer to discriminate against a
2 
person because of the latter's religion or ethnic origin.
3 
The foregoing notwithstanding, it shall not be unlawful to employ any person
4 
on the basis of his religion or ethnic origin in instances where religion or ethnic
5 
origin is a bona fide occupational qualification reasonably necessary for the formal
6 
operation of the business or enterprise. Neither shall it be unlawful for a school,
7 
college, university or other educational institution to employ only a person of a
8 
particular religion or ethnic origin if the curriculum of such institution is aimed
9 
towards the propagation of such religion or ethnic aggrupation.
10 
Sec. 4. 
The government shall, in areas where indigenous cultural
11 
communities predominate, reserve at least ten percent (10%) of the rank-and-file
12 
positions in government service in these areas for the employment of members of
13 
these communities: Provided, That those appointments must be in accordance with
14 
civil service laws.
15 
Sec. 5. Every private enterprise with operations in areas where indigenous
16 
cultural communities predominate and which obtain loans, grants, or any kind of
17 
financial assistance from the government or any government-owned and -controlled
18 
financial institution. In the amount equivalent to at least thirty percent (30%) of Its
19 
total assets shall give preferential employment to members of these communities,
20 
and they shall makeup at least ten percent (10%) of the private enterprises' labor
21 
force.
22 
Sec. 6. 
Every employer shall respect the employee's right to actively
23 
participate in religious or ethnic activities.
24 
Sec. 7. Any person responsible for the violation of any of the provisions of
25 
this Act shall be liable to pay a fine of not less than One hundred thousand pesos
26 
(P100,000.00) nor more than Five hundred thousand pesos (P500,000.00) or
27 
imprisonment of not less than six (6) months nor more than six (6) years, or both.
28 
Sec. 8. Chapter V, Section 23 of Republic Act 8371, Book III, Title III, Book
29 
V, Title V, Article 246 of Presidential Decree 442, as amended, and any law or parts
30 
thereof inconsistent with the provisions of this Act are hereby repealed, modified or
31 
amended accordingly.


1 
Sec. 9. This Act shall take effect after fifteen (15) days following its
2 
publication in the Official Gazette or in at least two (2) national newspapers or
3 
general circulation, whichever comes earlier.
Approved,