RECEIVED

oaredUL_0 ip
Sy

Republic of the Philippines
House of Representatives

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1162

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

EXPLANATORY NOTE

Section 22, Article II of the 1987 Constitution provides that “the State recognized 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 and values.

Hence, the immediate passage of this bill is earnestly requested.

th 4 Yay ee


Republic of the Philippines
House of Representatives

EIGHTEENTH CONGRESS
First Regular Session

1162

HOUSE BILL

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

AN ACT
TO ENSURE 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 House of Representatives of the Philippines in Congress
assembled:

SECTION L. It is hereby declared the policy of the State to promote social justice by
ensuring equal employment opportunities to members of indigenous cultural communities and

to give them preference in areas where they are predominant.

SECTION. 2. It shall be unlawful for an employer:

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

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

SECTION. 3. _Itshall be unlawful for a labor union or federation:
a) To exclude or expel from its membership any person because of his religion or ethnic

origin; or

b) To cause or attempt to cause an employer to discriminate against a person because
of the latter’s religion or ethnic origin.


The foregoing notwithstanding, it shall not be unlawful to employ any person on the
basis of his religion or ethnic origin in those instances where religion or ethnic origin is a bona
fide occupational qualification reasonably necessary for the formal operation of the business
or enterprise. Neither shall it be unlawful for a school, college, university or other educational
institution to employ only a person of a particular religion or ethnic origin if the curriculum of

such institution is aimed towards the propagation of such religion or ethnic aggrupation.

SECTION. 4. 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;

Provided, that appointments must be in accordance with the civil service laws.

SECTION. 5 Every private enterprise with operations in areas where indigenous
cultural communities predominate 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 into at least ten percent (10%) of its labor force.

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

SECTION. 7. _Any person responsible for the violation of any of the provisions
of this Act shall be liable to pay a fine of not less than one hundred thousand pesos
(P100,000.00) nor more than five hundred thousand pesos (500,000.00) or imprisonment of
not less than six (6) months nor more than six (6) years, or both

SECTION. 8. Chapter V, Section 23 of Republic Act 8371, Book III, Title III,
Book V, Title V, Article 246 of Presidential Decree 442, as amended, and any law or parts
thereof inconsistent with the provisions of this Act are hereby repealed, modified or amended
accordingly

SECTION. 9 This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in at least two (2) national newspapers or general

circulation, whichever comes earlier.

Approved,