FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. <129 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
This measure was submitted by the Committee on Labor, Employment 
and Human Resources Development chaired by the undersigned in the 
Fourteenth Congress. 
It seeks to expand the prohibited acts of discrimination against women on 
account of sex by declaring unlawful the giving of preference to a male employee 
over a female employee in the hiring process and the favoring a male employee 
over a female employee with respect to dismissal of personnel, the application of 
the first in - first out, or other retrenchment policy of the employer. 
Further, it seeks to include in the prohibited acts the denial from any 
woman the benefits of employment or other statutory benefits under our laws by 
reason of her gender. 
The promotion of the rights and welfare of women can only be achieved if 
they will be provided with the support and protection such as this. 
In view of the foregoing, approval of this bill is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 1129 
.~ C. 
lUL -6 
t';' J ::8 
~ 
.. 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
EXPANDING THE PROHIBITED ACTS OF DISCRIMINATION AGAINST WOMEN 
ON ACCOUNT OF SEX, AMENDING FOR THE PURPOSE ARTICLES 135 AND 
137 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN 
AS THE LABOR CODE OF THE PHILIPPINES 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Article 135 of Presidential Decree No. 442, as amended, 
otherwise known as the Labor Code of the Philippines, is hereby further amended to 
read as follows: 
"ART. 135. DISCRIMINA TlON PROHIBITED -
It shall be 
unlawful for any employer to discriminate against any woman 
employee with respect to terms and conditions of employment solely 
on account of her sex. 
The following are acts of discrimination: 
(a) Payment of a lesser compensation, including wage, salary or 
other form of remuneration and fringe benefits, to a female employee 
as against a male employee, for work of equal value; [and] 
(b) Favoring a male employee over a female employee with 
respect to promotion, ASSIGNMENT, training opportunities, study and 
scholarship grants solely on account of their sexes [.]; AND 
(C) GIVING PREFERENCE TO A MALE EMPLOYEE OVER A 
FEMALE EMPLOYEE IN THE HIRING PROCESS, WHETHER 
THROUGH NOTICES, ANNOUNCEMENTS, OR ADVERTISEMENTS 
FOR EMPLOYMENT AI\!D APPRENTICESHIP OR IN THE ACTUAL 
RECRUITMENT, 
HIRING 
OR 
EMPLOYMENT 
OF 
WORKERS 
WHERE THE PARTICULAR JOB CAN BE EQUALLY HANDLED BY 
AWOMAN,AND 
(D) FAVORING A MALE EMPLOYEE OVER A FEMALE 
EMPLOYEE WITH RESPECT TO DISMISSAL OF PERSONNEL OR 
THE APPLICATION OF THE FIRST IN -
FIRST OUT OR OTHER 
RETRENCHMENT POLICY OF THE EMPLOYER." 


Criminal liability for the willful commission of any unlawful act as 
provided in this article or any violation of the rules and regulations 
issued pursuant to Section 2 hereof shall be penalized as provided in 
Articles 288 and 289 of this Code: Provided, That the institution of any 
criminal action under this provision shall not bar the aggrieved 
employee from filing an entirely separate and distinct action for money 
claims, which may include claims for damages and other affirmative 
relief. The actions hereby authorized shall proceed independently of 
each other." 
SEC. 2. Article 137 of the Labor Code is hereby amended to read as follows: 
"ART. 137. PROHIBITED ACTS - (a) It shall be unlawful for any 
employer: 
(1) To deny any woman employee the benefits provided for in 
this Chapter or to discharge any woman employed by him for the 
purpose of preventing her from enjoying any of the benefits provided 
under this Code: 
(2) To discharge such woman on account of her pregnancy, or 
while on leave or in confinement due to her pregnancy; 
(3) To discharge or refuse the admission of such woman upon 
returning to her work for fear that she may again be pregnant [.]; OR 
(4) 
TO 
DENY 
ANY 
WOMAN 
THE 
BENEFITS 
OF 
EMPLOYMENT OR OTHER STATUTORY BENEFITS UNDER OUR 
LAWS BY REASON OF HER GENDER." 
SEC. 3. Penalties. - Any employer who commits or attempts in any manner 
to commit any of the acts herein prohibited shall, in addition to other penalties as 
may be provided by law, upon conviction hereof, be punished by a fine of not less 
than Fifty Thousand Pesos (P50,000.00), but not more than Two Hundred Thousand 
Pesos (P200,000.00), and suffer imprisonment of not less than two (2) years but not 
more than four (4) years: Provided, That the conviction or acquittal obtained by the 
employer shall not be a bar to the filing by the female employee of a civil suit for the 
payment of salaries or benefits due her. 
Any employee or person who willfully aids or abets in the commission of the 
acts prohibited herein or who causes the commission of any such acts by another 
shall be liable in the same manner as the employer. 
If the offender is not a Filipino citizen, he shall be deported immediately upon 
service of the sentence imposed herein. If he is a government official or employee, 
he shall be dismissed from the service and shall serve the maximum penalty 
prescribed for the offense. 
In the case of associations, partnerships or corporations, the penalty shall be 
imposed on the partner, president, general manager, branch manager or responsible 
officer responsible for the violation. 
SEC. 4. Implementing Rules and Regulations. - Within thirty (30) days from 
the effectivity of this Act, the Secretary of Labor and Employment, in consultation 


• 
with the Tripartite Industrial Peace Council, shall issue and publish the necessary 
rules and regulations to implement the provisions of this Act. 
SEC. 5. Separability Clause. - If any provIsion of this Act is declared 
unconstitutional, the same shall not affect the validity and effectivity of the other 
provisions hereof. 
SEC. 6. Repealing Clause. - All laws, executive orders, presidential decrees, 
presidential proclamations, rules and regulations or parts thereof inconsistent with 
the provisions of this Act are hereby repealed or modified accordingly. 
SEC. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its complete 
publication 
in 
the 
Official 
Gazette or in a newspaper of 
general circulation. 
Approved,