Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4721

Introduced by Representatives John Marvin “Yul Servo” C. Nieto, Edward
Vera Perez Maceda, Dale “Along” R. Malapitan, Eric M. Martinez, and
Rolando M. Valeriano

EXPLANATORY NOTE

The Constitution provides in Article III Section 1 that: “No person shall be
deprived of life, liberty, or property without due process of law, nor shall any
person be denied equal protection of the law.” This constitutional guarantee to life
encompasses not just the protection of the right to be alive or security against
physical harm. It includes the right to a decent standard of living thereby ensuring
@ person’s economic well-being and dignity. One way of upholding this right is to
foster an environment that provides the people the opportunity for gainful
employment that will enable them to earn a living substantial to their individual
needs.

Such opportunity for gainful employment, however, remains the domain of
certain privileged sectors. The Muslims and Tribal Filipinos have not only been
looked down socially but they have been largely deprived of equal employment
opportunities, as well. Although in theory they enjoy the same rights with other
Filipinos, they are actually denied the necessary training and access to compete
for the technical or higher management jobs.

This bill seeks to correct this injustice in our society today. For the State to
effectively “promote a just and dynamic social order that will ensure the prosperity
and independence of the nation and free the people from poverty through policies
that provide social services, promote full employment, a rising standard of living,
and improved quality of life for all,” as mandated by Article II, Section 9 of the
Constitution, we must not forget our Muslim and tribal Filipino brothers. If the


State sincerely recognizes and promotes the rights of the indigenous cultural
minorities within the framework of national unity and development (Article 11,
Section 22 of the Constitution), and for Congress to give higher priority to the
enactment of measures that protect and enhance the right of all people to human
dignity, reduce social, economic and political inequalities, and remove cultural
inequalities by equitably diffusing wealth and political power for the common good
(Article XIII, Section 1 of the Constitution), then, strong concrete, affirmative,
legislative actions must be taken.

This bill, therefore, seeks to ensure equal job opportunities to the Muslim
and tribal Filipinos, and at the same time give them preferential treatment in
employment in the regions where they are predominant.

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

‘
Jol Irvin [Yul Servo” C. Nieto
Nay 6M. Marti

Edward Vera Perez Maceda

Qade LOC Mw
Dale “Along” R. Malgpitan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _472] _

Introduced by Representatives John Marvin “Yul Servo” C. Nieto, Edward
Vera Perez Maceda, Dale “Along” R. Malapitan, Eric M. Martinez, and
Rolando M. Valeriano

AN ACT
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITIES TO MUSLIMS AND
TRIBAL FILIPINOS

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

SECTION 1. It is hereby declared as the policy or the purpose of this Act to
promote social justice in all phases in national development by insuring equal
empioyment opportunities to Musiim and tribai Filipinos and to give preference to
said individuals especially in regions where they are predominant.

SEC. 2. It shall be considered an unfair labor practice for an employer:

a) To refuse to hire or to discriminate against with respect to
compensation, terms, conditions or privileges of employment, or to discharge any
individual because of his religion or ethnic origin; or

b) To limit, segregate or classify employees in a way which would deprive
or tend to deprive any individual of employment opportunities or otherwise
adversely affect his status as an employee because of the individual's religion or
ethnic origin.

SEC. 3. It shall be considered as an unfair labor practice for a labor union:

@) To exclude or expel from its membership, or to refuse to refer for
employment any individual because of the individual's religion or ethnic origin; or

b) To cause or attempt to cause an employer to discriminate against an
individual because of the individual's religion or ethnic origin.

Notwithstanding any other provisions to the contrary, it shall not be an
unfair labor practice to admit or employ any individual on the basis of his religion


or ethnic origin in those instances where religion or tribal origin is a bonafide
occupational qualification reasonably necessary to the normal operation of that
particular business or enterprise. Neither shall it be an unfair labor practice for a
school, college, university or other educational institutions to employ only certain
individuals of a particular religion or tribal origin if such institution is owned or
substantially owned, supported or controlled by a particular religious corporation,
association, society or tribal group, or, if the curriculum of such institution is
aimed towards the propagation of a particular religion or ethnic group.

SEC. 4. The Government shall reserve at least ten percent (10%) of the
rank and file positions in government service, and shall employ members
belonging to indigenous cultural minorities particularly Muslims and other tribal
Filipinos in areas where they predominate. The appointed heads of the different
government agencies or offices in regions where those indigenous cultural
community members; Provided, that the appointments must be in accordance with
the Civil Service laws.

SEC. 5. Every private enterprise, which obtains loans, grants, or any kind of
financiai assistance from the government or any government-owned and
controlled bank or financial institution shall give preferential employment to
members of those indigenous cultural communities in the regions where they
predominate by hiring them into at least twenty percent (20%) of its labor force in
the area; Provided, That in the other areas of the country, such enterprise shall
hire at least ten percent (10%) of its labor force from the ranks of the cultural
communities; Provided further, That these individuals shall have been residents of
those regions for at least one (1) year prior to employment.

SEC. 6. Every employer shall accommodate the employee’s right to actively
participate in his religious or ethnic activities.

SEC. 7. Any law or parts of law inconsistent with the provisions of this Act
are hereby repealed, or amended accordingly.

SEC. 8. This Act shall take effect fifteen (15) days after its publication in two
(2) newspapers of general circulation.

Approved,