Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The 1987 Constitution, Article II, Section 14, provides for the fundamental equality of 
the sexes, thus: “The State recognizes the role of women in nation-building, and shall ensure the 
fundamental equality before the law of men and women.” 
Discrimination by reason of sex is usually effected by subtle and elusive means 
especially in employment advertising. This discrimination is widespread and done publicly, 
notwithstanding the above constitutional mandate. 
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The main objective of this bill is to institutionalize the protection given to both sexes by 
eliminating gender discrimination in employment advertising and by providing penalties for 
violations thereof. 
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THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
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1 
JUL 29 p4:CiE; 
SENATE 
4 
OF THE PHILIPPINES 
S.B.No. 
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BY : ..- 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROHIBIT GENDER DISCRIMINATION IN EMPLOYMENT ADVERTISING 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - 
This Act shall be known as the “Anti-Gender Discrimination 
in Employment Advertising Act.” 
SECTION 2. Declaration of Policy. - 
It is the policy of the State to ensure the equality 
of men and women by prohibiting gender discrimination in job opportunities advertising. 
SECTION 3. DeJinition of Terms. -For the purposes of this Act, the term: 
(a) “Employer” includes any person acting in the interest of an employer, either directly 
or indirectly. The term shall not include any labor organization or any of its officers or agents 
except when acting as an employer. 
(b) “Labor Organization” means any union or association of employees which exists in 
whole or in part for the purpose of collective bargaining or of dealing with employees, 
concerning terms and conditions of employment. 
(c) “Private Employment Agency” means any person or entity engaged in the recruitment 
and placement of workers for a fee which is charged, directly or indirectly, from the workers or 
employers or both. 
(d) “Recrnitment and placement” refers to any act of canvassing, enlisting, contracting, 
transporting, utilizing, hiring, procuring workers and other similar acts, and includes referrals, 
locally or abroad, whether for profit or not: Provided, that any person or entity which, in any 


manner, offers or promises for a fee employment to two or more persons shall be deemed 
engaged in recruitment and placement. 
SECTION 4. Prohibited Acts. - 
(1) It shall be unlawful discriminatory practice for any 
employer, whether for profit or not, any labor organization or any private employment agency to 
print, circulate or publish or cause to be printed, circulated or published any statement, 
circulation or publication relating to employment by such an employer or membership in or any 
classification or referral for employment by such an employment agency, indicating any 
preference, limitation, specification or discrimination, based on sex, except that such a notice or 
advertisement may indicate a preference, limitation, specification, or discrimination based on sex 
when sex is a bona fide occupational qualification for employment. 
(2) It shall be unlawful discriminatory practice for any person to aid, abet, incite, 
compel, or coerce the doing of any of the acts forbidden under this section or to attempt to do so. 
SECTION 5. Certzjication ofExemption. - 
The Department of Labor and Employment 
shall have the power and it shall be its duty to certify upon request of any person that a particular 
occupation or position is exempt from the provisions of this Act relating to unlawful employment 
practices if the Department of Labor and Employment finds that the occupation or position 
reasonably requires the employment of a person or persons of a particular sex and that such 
certification is not sought as a means of circumventing the spirit and purpose of this Act. The 
burden of proving the facts required for such a finding shall b e on the p erson requesting the 
certification of exemption form the provisions of this Act. 
SECTION 6. Placement of Discriminatory Advertisement. - The placement of an 
advertisement in columns classified by publishers on the basis of sex, such columns headed 
“Male” or “Female” will be considered an expression of preference, limitation, specification or 
discrimination based on sex provided that the advertisement shall contain a sufficient notice that 
it is covered by the exemption to be determined by the Department of Labor and Employment as 
provided in Section 5 hereof. 


SECTION 7. Prevention of Unlawful Employment Practices. - Whenever there is a 
charge in writing under oath by a person claiming to be aggrieved, or a written charge has been 
filed by the Department of Labor and Employment or its authorized representative where there is 
a reasonable cause to believe that a violation of this Act has occurred that an employer, private 
employment agency or labor organization has engaged in an unlawful employment practice, the 
Department of Labor and Employment shall furnish such employer, private employment agency 
or labor organization with a copy of such charge and make an investigation of such charge, 
provided that such charge shall not be made public by the Department of Labor and 
Employment. If the Department of Labor and Employment shall determine after such 
investigation, that there is a reasonable cause to believe that the charge is true, the Department of 
Labor and Employment shall endeavor to eliminate any such alleged unlawful employment 
practice. 
SECTION 8. Regulations. - The Department of Labor and Employment shall 
promulgate rules and regulations to implement the provisions of this Act. 
SECTION 9. Scope. - The provisions of this Act shall apply only to employment 
advertising by private employer, labor organization, private employment agency and other 
private entities. 
SECTION 10. Penalties. -Any violation of this Act shall be punished with a fine of not 
less than ten thousand pesos (P10, 000.00) or imprisonment of not less than three (3) months or 
both, at the discretion of the court. If the offense is committed by a corporation, trust, firm, 
partnership or association or other such entity, the penalty shall be imposed upon the guilty 
officer or officers of such corporation, trust, firm, 
partnership, association or entity. 


SECTION 11. Separability Clause. - 
If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 12. Repealing Clause. - 
Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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. 
Approved. 
FN: 289