Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session
t 375
HOUSE BILL NO.

INTRODUCED BY
Anakpawis Partylist Rep. RAFAEL “Ka Paeng” V. MARIANO,

Bayan Muna Partylist Representatives TEODORO A. CASINO, NERI JAVIER
COLMENARES, Gabriela Womens’ Party Representatives LUZVIMINDA C.
ILAGAN, EMERENCIANA A. DE JESUS, Kabataan Partylist Rep. RAYMOND V.
PALATINO AND Act Teachers’ Party Rep. ANTONIO L. TINIO

EXPLANATORY NOTE

The right of workers to a ‘living wage’ is recognized under Article XIII Section 3 of the
1987 Philippine Constitution. At the same time, the Constitution upholds the
participation of workers in decision making processes affecting their rights and benefits.
Beyond these legal provisions, however, is the social right of workers to demand just
compensation for the value of labor power they put in to fuel industry and the economy
in general

Under Republic Act 6727 or the Wage Rationalization Act of 1989, the task of studying,
fixing and raising of wages was given to the Regional Tripartite Wages and Productivity
Boards (RTWPB)

Since then, minimum wage has differed from one region to another, and further
differentiated according to locality, industry and employment-size — among other
standards set arbitrarily by the wage boards. What is clear, however, is that minimum
wages have remained grossly inadequate to support decent living standards after more
than a decade of wage ‘rationalization.’ This highlights the failure of the government to
provide economic relief for workers towards securing a living wage as mandated by the
Constitution

During the 13" Congress, the Committee on Labor and Employment, then headed by
Zamboanga del Sur Rep. Roseller Barinaga was able to finalize House Bill 345 and
register the bill for plenary debates. The bill reached third and final readings, and in
December 22, 2006, it was approved by the House through a majority vote and by rights
the bill was passed.

But through blatant manipulation and disregard of the House Rules, however, allies of
the former administration had the measure recalled at the last hour on the flimsiest


excuse that there was a need to review the Committee Report that it was based on.
Despite strong opposition from proponents of the measure and the Committee on Labor
and Employment, the bill was recalled. Outside the House of Representatives, workers
received the news with outrage.

It has taken more than seven years for the P125 legislated wage increase bill to reach
the level that it did in the 13" Congress.

In the 14" Congress, the bill was re-filed as HB 1722. But despite the strong nationwide
clamor for economic relief and constant lobbying of workers, the measure did not go
any further after a single committee hearing in 2008, more than a year after the bill was
filed

The measure seeking to grant a P125 legislated wage increase for workers in the
private sector was first filed in Congress by the late Anakpawis Rep. Crispin ‘Ka Bel’
Beltran. Ka Bel took to his heart and rallied this cause since 2001 until the time of his
death on May 20, 2008. He did not falter, even for a single day, on the need and
immediacy for a significant legislated wage increase for workers.

In fact, the P125 legislated wage hike demand has been recognized as a symbol of the
Filipino workers’ united demand for economic relief.

Now, almost 11 years after this fight was first hoisted by the militant workers movement
in the country, the reasons for the granting of a legislated wage increase remain valid
more than ever. >

High cost of living, decreasing real value of wages

After the May 10 elections, the RTWPB under the Department of Labor and
Employment (DOLE) announced the granting of a P22 daily wage increase for workers
in the National Capital Region (NCR). This hike brought the wage from P382 to level to
P404 in NCR. This increase is the last wage order granted by former president Gloria
Macapagal-Arroyo

Before this, since 2008, wages in Metro Manila remain unchanged at P382 which in
reality, is only valued at P235. Based on year 2000 prices, the minimum wage has
eroded to P235 due to inflation, and has made the value even less than the daily NCR
minimum wage in November 2000 of P250. Real value of wages in other regions range
from P117.98 (ARMM) to P203.69 (RBIV-A)

The National Wages and Productivity Commission (NWPC) defines living wage as the
amount of family income needed to provide for the cost of living which includes all food
and non-food requirements, with sufficient allowance for savings and investments for
social security.

As of July 2010, the P404 minimum wage in NCR has a shortfall of P553 against the
estimated P957 family living wage (June 2010).

The purchasing power of the peso has been constantly eroded due to inflation
Statistical data from the government shows that compared to prices 10 years ago (i.e.
in the year 2000 which is currently the base year in computing the Consumer Price


Index), the Philippine peso has been eroded by 40 percent nationwide. What used to
cost about 60 centavos (USS0.0130) in 2000 is now valued at PhP1.00 (US$0.0216).

The current family living wage estimate is likely already twice the daily minimum wage,
and a P125 wage increase will not even make up for inflation that has eroded real
incomes over the last three years.

For the past nine years, the Arroyo administration neglected, undermined and attacked
the worker's strong demand for a legislated wage increase. Instead of adhering to the
broad people’s clamor for economic relief, it left the task of increasing wages to the
wage boards, which, over the years, only succeeded in destabilizing the economic
status of Filipino wage earners.

Increasing profits of businesses, slave wages for laborers

While Filipino workers quickly become dirt-poor due to the slave wages they receive,
local big businesses continue to rake in more profits at the expense of their workers’
painstaking labor.

As of March 2010, mall tycoon Henry Sy and tobacco and beer magnate Lucio Tan
stayed on Forbes magazine's billionaire list at 201st and 582nd, respectively. Forbes
placed Sy and family's net worth at $4.2 billion (P192.02 billion), and Tan and family at
$1.7 billion (P77.72 billion). In 2009, Jaime Zobel de Ayala from the Ayala Group of
Companies registered a net worth of $1.2 billion (in pesos) while San Miguel Group of
Companies’ Eduardo ‘Danding’ Cojuangco was listed as the seventh richest person in
the Philippines with a net worth of $660 million (in pesos)

The net income of the Top 1,000 corporations in the country rose from P116.4 billion in
2001 to average P416.7 billion annually in the period of 2002 to 2008.

On the other hand, since 1989, the regional wage boards only granted an average of P9
wage adjustment every year.

Since 2001, only 4 minimum wage increases were granted (June 2005, July 2006.
August 2007 and June 2010) and 5 COLA increases (November 2001, February 2002,
July 2004, June 2008 and June 2010)

The Arroyo administration has had the smallest increase in workers’ real wages over its
term of any government since the Marcos dictatorship — with an increase in real terms
Of just P5 over its nine-and-a-half years compared to P82 during the time of Corazon C
Aquino, P16 of Fidel V. Ramos, and P22 of Joseph Estrada (inflation-adjusted figures
based on 2000 prices. Source: IBON)

For this year, workers received only P6 to P22 wage increase and P3 to 15 Cost of
Living Allowance (COLA). The lowest wage levels are in Region V (Bicol) at P139 (non-
agriculture) and in Region IV-B at P178 (agriculture).

This resulted to wider income disparities. in 2001, income per head in Metro Manila, the
richest region, was eight (8) times that of the poorest region ARMM. By 2008, income
per head in Metro Manila was 12 times that in ARMM.


SUMMARY OF CURRENT REGIONAL DAILY MINIMUM WAGE RATES
Non-Agriculture, Agriculture
As of June 2010

(In pesos)
WO No./ NON- AGRICULTURE
REGION p,TE OF EFFECTIVITY AGRICULTURE Plantation _Non-Plantation
NCR af WO 15/July 01,2010  P.404.00 P 367.00 P 367.00
CAR b/ WO 13/June 16, 2008 243.00 - 260.00 226.00 - 242.00 226.00 - 242.00
lel WO 13/June 22, 2008 220.00 - 240.00 220.00 195.00

ud WO 13/June 15, 2008 227.00 - 235.00 215.00 - 223.00 215.00 - 223.00
lle? WO 14/June 16, 2008 251.00 - 302.00 236.00 - 272.00 216.00 - 256.00
WAT! WO 13/June 01, 2008 — 236.00 - 320.00 216.00 - 295.00 196.00 - 275.00
W-Bg/ WO 04/June 19,2008 — 240.00 - 252.00 198.00 - 207.00 178.00 - 187.00
Vhi WO 13/ July 1, 2008 196.00 - 239.00 207.00 - 217.00 187.00 - 197.00

Wil WO 17/ December 208.00 - 250.00 218.00 208.00
25,2008
Mili — WOt4/June 16,2008 222.00 - 267.00 202.00 - 249.00 202.00 - 249.00
Vill — WO 15/June16, 2008 238.00 219.00 219.00
XV WO 15/ July 3, 2008 240.00 215.00 195.00
Xm/ WO 14/June 1, 2008 241.00 - 256.00 229.00 - 244.00 229.00 - 244.00
Xin/ WO 45/June 16, 2008 265.00 255.00 255.00
Xilo/ WO 15/June 16, 2008 245.00 225.00 220.00
Xill p/ WO 09/June 20, 2008 233.00 223.00 203.00
ARMM q/WO 14/ June 29, 2008 210.00 210.00 210.00

Source: National Wages and Productivity Commission

While workers constantly demand the government to raise wages to decent
level, employers remain grimly disturbed and averse to any wage increase.

Business owners’ age-old alibi that wage hikes would result to lay-offs, cost-
cutting measures and ultimate shutdown of companies was proved to be
nothing more than a blackmail excuse to deprive workers of a much needed
wage increase

High prices of goods, services and utilities

Time and again, it was established that wage hikes are not inflationary. Even
without substantial wage hikes, prices of basic goods and services are
constantly increasing mainly due to the government's policies of privatization,
deregulation and liberalization that stripped off any state control in the
determination of prices of basic goods and utilities.

The argument that a wage increase will be inflationary is also disproved by the
fact that labor costs comprise no more than 11% of the production costs on the
average in all industries

Even the Bangko Sentral ng Pilipinas and the National Economic Development
Authority agreed that the latest wage hike is not inflationary. Yet, it is not
enough to bridge the gap between the real wages and cost of living

In fact, the increasing prices of basic products and utilities all the more weighed


down the economic status of workers and their families.

In 2009, food prices hiked by 13.6 percent, prices of staples alone like rice rose
to 29.2 percent. Power and water rates have successively increased over the
past nine years

Nine years after the enactment of Electric Power Industry Reform Act (EPIRA),
residential power rates are more than double what they were in January 2001,
while the country’s industrial electricity rates are the highest in Asia.

Privatization in the water industry also allowed concessionaires serving Metro
Manila ~ Maynilad and Manila Water to constantly jack their rates

Oil companies remained unstoppable in imposing price hikes. The price of
diesel rose by a staggering 183 percent between January 2001 (P13.82 per
liter) and May 2010 (P39.05) and gasoline prices rose by 180 percent (from
P16.56 to P46.21).

Since the implementation of the reformed value added tax (RVAT) in 2005,
workers and their families continued to bear the brunt of increased monthly
expenses,

Based on the latest (2006) Family Income and Expenditure Survey (FIES), more
Filipino families became poorer in 2006 than in 2003. At 2006 prices, the
average income of the poorest 10 percent (first decile) was only P32,000 but
their expenses were P35,000 and so they are not just poor but also in debt by
P3,000. Comparing 2003 to 2006 prices, average family income declined from
P148,000 to P142,000; average family expenditure slid from P124,000 to
121,000 and average family savings slipped from P24,000 to P21,000 at the
national level

On average, every Filipino 15 years old and above paid the government an
extra P6,025 in taxes for the period of 2006-2009. This is equivalent to the
additional P363.0 billion in taxes paid by Filipinos due to the imposition of
RVAT.

Overall, the absence of significant wage hikes coupled with constant price hikes
and regressive taxes resulted to worsening poverty and hunger.

Increased productivity despite social inequity
Labor productivity per industry and per region increased.

The government claimed that it had cushioned the local economy from the
effects of the global economic crisis and enjoyed 37 quarters of uninterrupted
economic growth. In reality, the remittances of about nine million Overseas
Filipino workers helped boost the economy by sending home $25.9 billion or an
average of more than $2 billion in monthly remittances.

But workers and their families remain impoverished and in debt.

According to the 2006 FIES, income of the bottom 30 percent of families (or the
lowest three income deciles combined) increased by around P8 thousand;
while that of the upper 70 percent of families increased by some P31 thousand.
The total income of the 20% richest of the population was about 19 times that of


the 20% poorest population

It was also noted that families in the bottom 30 percent income group spent less
on food. Consequently, there was also a decrease in the shares of other
expenditure items like clothing, house maintenance, etc.

Legislated wage increase and social justice

In lieu of a wage hike, foreign chambers of commerce and even the government
have offered non-wage solutions like providing a sack of rice or a bag of
groceries per month, further insulting the workers’ demand.

A legislated wage increase is necessary and not an option for employers or the
State.

A legislated wage hike will benefit more workers including those without
bargaining power.

Based on DOLE data, in 2007, there are 1.8 million unionized workers that
accounts accounted for only 5% of the total workforce of 36 million. Of this
number, only 242,000 workers are covered by existing Collective Bargaining
Agreements (CBA). Workers covered by CBA represent only 0.7 percent of the
employed workforce, 1.4 percent of wage and salary workers and 12.4 percent
of total union members

Thus, a great majority of Filipino workers are disempowered from bargaining for
higher wages, benefits and working conditions. These workers can be given a
voice through legislated wage increase

As for the accusation that wages hikes will cause company closures, thousands
of small and medium scale enterprises close shop every year despite the virtual
wage freeze which had been in effect under the Arroyo administration.

Among the reasons for closures cited by employers and business owners are
lack of market, difficulties in securing financing, high taxes and high cost of
utilities.

During the 2008-2009 global financial crisis that resulted to massive
retrenchments and closures in Philippine industries, it was workers who instantly
felt the heavy impact of the economic crunch

The closure of SMEs is not due to wage increases as alleged by big business
and DOLE, but rather because of the government's failure to bring down utility
costs, regressive taxation scheme and the overall economic policies that lay
bare the economy to unrestricted importation which creates competition local
businesses cannot stand up to.

Issue of social justice

The Constitutional provision on Social Justice and Human Rights mandates
Congress to give priority to the enactment of measures that protect and
enhance the quality of all people to human dignity, reduce social, economic and
Political inequalities... by equitably diffusing weakness and power for the


common good.” (Article XII, Section 1).

The 1987 Philippine Constitution provides that workers shall be entitled to a
living wage

Even international labor institutions recognize that one of the vital aspects of
decent work is the ability to work for a decent wage.

Consistent with the constitutional mandate for respect of human rights, the
minimum wage should be able to maintain the basic standards of living
necessary for the health, efficiency and general wellbeing of the worker and
his/her family. Through all the supposed achievements and success of the
national government in improving the economy, however, none of the benefits
trickled down to the workers. Whatever social payback from the booming
economy’ that former President Gloria Macapagal-Arroyo promised failed to
reach workers.

For the past eleven years, workers have been demanding a substantial
nationwide, wage increase. Beyond being a measure that will give immediate
economic relief, a substantial wage increase is a matter of social justice. This is
what really constitutes a social payback, accompanied with price controls, pro-
poor and genuinely equitable tax measures and improved budgetary allocations
for education, health, housing and other services.

Given all the foregoing, it is therefore most urgent to enact a legislation that
would strengthen and uphold the constitutional right of workers to living wage,
the first step being an immediate P125 across the board wage increase
nationwide.

Hence, support of this bill is earnestly sought.

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

be V. MAR)

Anakpawis Partylist

ST lew Ch Cal
TEODORO A. CASINO
Bayan Muna Partylist

LUZVIMINDA C. ILAGAN EMERENCIANA A. DE JESUS
abriela Women's Party Gabriela Women's Party

RAY! ID V. PALATINO: c ITONIO L. TINIO.

Kabafaan Partylist ACT Teachers’ Party



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

375
HOUSE BILL NO.

INTRODUCED BY
Anakpawis Partylist Rep. RAFAEL “Ka Paeng” V. MARIANO,

Bayan Muna Partylist Representatives TEODORO A. CASINO, NERI JAVIER
COLMENARES, Gabriela Womens’ Party Representatives LUZVIMINDA C.
ILAGAN, EMERENCIANA A. DE JESUS, Kabataan Partylist Rep. RAYMOND
V. PALATINO AND Act Teachers’ Party Rep. ANTONIO L. TINIO

AN ACT PROVIDING FOR A P125.00 DAILY ACROSS-THE-BOARD INCREASE IN
THE SALARY RATES OF EMPLOYEES AND WORKERS IN THE PRIVATE SECTOR
AND FOR OTHER PURPOSES

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

SECTION 1. This Act shall be known and cited as the “P125 Daily Across-the-
Board Wage Increase Act’

SECTION 2. It is hereby declared to be the policy of the State to alleviate the
living conditions of the ordinary Filipino through policies that provide for decent and
humane standard of living and improved quality of life, particularly of the working class;
to ensure the right of labor to its just share in the fruits of production; to guarantee the
workers’ right to a living wage; and to promote social justice through the adoption of
measures calculated to ensure the well-being and economic security of all the members
of the community

SECTION 3. In line with the declared policy under this Act, all employers in the
Private sector, whether agricultural or non-agricultural, regardless of capitalization and
number of employees shall pay their workers an across-the-board wage increase in the
sum of One Hundred Twenty Five Pesos (P125.00) a day upon the effectivity of this Act.


SECTION 4. No wage increase shall be credited as a compliance with the
increase prescribed herein, unless expressly provided under the collective bargaining
agreements; provided, that such wage increase was granted in anticipation of the
legislated across-the-board wage increase under this Act, the employer shall pay the
difference. Such increases shall not include anniversary wage increases, merit wage
increases and those resulting from regularization and promotion of employees.

SECTION 5. Nothing in this Act shall be construed to reduce any existing
allowance and benefit of any form under existing laws, decrees, issuances, executive
orders, and any contract or agreements between workers and employers.

SECTION 6. The Department of Labor and Employment shall, upon approval of
this Act, conduct inspection of the payroll and other financial records kept by the
company business to determine whether the workers are paid the prescribed across-
the-board increase and other benefits granted by law in unionized companies, the
Department of Labor and Employment inspectors shall always be accompanied by the
president or any responsible officer of the recognized bargaining unit or of any
interested union in the conduct of the inspection. In unionized companies,
establishments or businesses, the inspection should be carried out in the presence of a
worker representing the workers of the said company. The workers’ representative shall
have the right to submit his own findings to the Department of Labor and Employment
and to testify on the same if he/she cannot concur with the findings of the labor
inspector

SECTION 7. Any person, corporation, trust, firm, partnership association or any
entity violating any provision of this Act shall be punished by a fine not less than Twenty
Five Thousand Pesos (P25,000.00) nor more than One Hundred Thousand Pesos
(P 100,000.00) or imprisonment of not less than two (2) years nor more than four (4)
years or both such fine and imprisonment at the discretion of the court;

Provided, that if the violation is committed by a corporation, trust or firm,
association or any other entity, the penalty of imprisonment shall be imposed upon the
entity's responsible officers, including but not limited to, the president, vice-president,
chief executive officer, general manager, managing director or partner.

The employer concerned shall be ordered to pay an amount equivalent to double
the unpaid benefits owing to the employees: Provided, That payment of indemnity shall
not absolve the employer from the criminal liability imposable under this Act shall not be
entitled to the benefits provided for under the Probation Law.

SECTION 8. The Secretary of Labor and Employment shall promulgate the
necessary implementing rules and regulations to implement this Act.


SECTION 9. If any provision or part of this Act, or the application thereof, to any
person or circumstance is held invalid or unconstitutional, the remainder of this Act or
the application of such provision or part thereof to other persons or circumstances shall
be affected thereby.

SECTION 10. All laws, orders, issuances, rules and regulations or any part
thereof inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

SECTION 11. This Act shall take effect within fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation, whichever comes earlier.

Approved,