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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHLPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution mandates the State to promote equality of employment opportunities for 
all. This means that an individual will not be discriminated against due to his age, sex, creed, 
political inclination or status in life. 
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Age should not b e the b asis o f o ne's admission, p romotion o r  continued employment. 
Most jobs do not really require that an individual b e o f c ertain age t o  do it. T his d emand o f 
employers is discriminatory and capricious. Age discrimination has no place in our society. This 
bill seeks to eliminate this by prohibiting and punishing any employer, labor contractor and labor 
organization who will discriminate against any individual because of his age. 


THETEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPMS 
I 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROHIBIT EMPLOYERS, LABOR CONTRACTORS AND LABOR ORGANIZATIONS 
FROM DISCRIMINATING AGAlNST ANY INDIVIDUAL BECAUSE OF AGE 
Be it enacted by the Senate and House ofRepresentatives of the Philippines in Congress 
assem bled: 
SECTION 1. Short Title. - This Act shall be known as “Prohibition Against Age 
Discrimination Act.” 
SECTION 2. Declaration of Policy. - It is declared a policy of the State to ensure equal 
work opportuilities regar&ss of one’s age. 
SECTION 3. De$nition ofTerms. -For purposes of this Act, the terms: 
(1) “Employer” includes any person acting directly or indirectly in the interest of an 
employer in relation to an employee and shall include the Government and all its branches, 
subdivision and instrumentalities, all government-owned or controlled corporation co orations 
and institutions, as well as non-profit private institutions, or organizations. 
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(2) “Labor Contractor” means any person regularly undertaking with or without 
compensation to procure employees for an employer or to procure for employees opportunities to 
work for an employer and includes an agent of such a person. 
(3) “Labor Organization” means any union or association of employees which exists in 
whole or in part for the purposes of collective bargaining or of dealing with employers 
concerning terms and conditions of employment. 
(4) “Employee” includes any individual employed by an employer, 


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(5) “Secretary” refers to the Secreliuy of the Department of Labor and Employment of 
SECTION 4. Prohibzted Employer Practices. -It shall be unlawful for an empl yer: 
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate 
against any individual with respect to his compensation, terms, cond~tions, or privileges of 
employment, because of such individual’s age; 
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the Republic of the Philippines. 
(2) to limit, segregate, or classify his employees in any way which would deprive or tend 
to deprive any individual of employment opportunities or otherwise adversely affect his status as 
an employee, because of such individual’s age; or 
(3) to reduce the wage of any employee in order to comply with the provision of 
this Act. 
SECTION 5. Prohibited Labor Contractor Practices. - It shall be unlawful for labor 
contractor to fail or refuse to refer for employment, or o therwise to discriminate against, any 
individual because of such individual’s age, or to classify or refer for employment any individual 
on the basis of such individuals’ age. 
SECTION 6. Prohibited Labor Organization Practices, - It shall be unlawful for a labor 
organization (1) to exclude or to expel from its membership, or otherwise to discriminate against, 
any individual because of his age; 
(2) to limit, segregate, or classify its membership, or to classify or 
for employment any individual, in any way which would deprive or 
individual of employment opportunities, or would limit such 
otherwise adversely affect his status as an employee, or as an applicant for employment, because 
of such individual’s age; 
(3) to cause or attempt to cause an employer to discriminate against an individual in 
violation of this Act, 


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SECTION 7. Opposition to Unlawful Practices; Participation in Investigations, 
Proceedings, or Litigation. - It shall be unlawful for an employer to discriminate against any of 
his employees or applicants for employment, for a labor contractor to discriminate against any 
individual, or for a labor organization to discriminate against any member thereof or applicant 
for membership, because of such individual, member or applicant for membership 
any practice made unlawful by this section, or because such individual, member or 
membership has made a charge, testified, assisted, or .participated in any m 
investigation, proceeding, or litigation under this Act. 
this Act; 
(3) to discharge or otherwise discipline an individual for good cause; 
SECTION 8. Printing or Publication of Notice or Advertisement Indicating Preference, 
Limitation, etc. - It shall be unlawful for an employer, labor organization, or labor contractor to 
print or publish, or cause to be printed or published, any notice or advertisement relating to 
employment by such an employer or membership in or any classification or referral for 
employment by such labor organization, or relating to any classification or referral for 
employment by such a labor contractor, indicating any preference, limitation, specification, or 
discrimination, based on age. 


such retirement or voluntary retirement plans are in accordance with the Labor Code as amended 
and other related laws; or 
(5) to take any other action otherwise prohibited under sections 4,5,6, or 8 of this Act, 
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provided that said action be duly certified by the Secretary of Labor an Employment to be in 
accordance with the purpose ofthis Act. 
SECTION 10. Penalty. - Any violation of this Act shall be punished with a fine of not 
less than Fifty Thousand Pesos (P50,OOO.OO) or imprisonment on not less than three 3 )  montlis 
or both at the discretion of the court. If the offense is committed by a corporation, 
st, firm, 
partnership or association or other efltity, the penalty shall be imposed upon the guilt officer or 
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officers of such corporation, trust, firm, partnership or association or entity 
SECTION 11. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 12. Repealing Clause. - Any law, presidential decree or i ssuance, executive 
order, letter of i nstruction, administrative o rder, r ule o r regulation c ontrary t 0, or i nconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Approved. 
1691 bf