Republic of the Philippines

City of Iloilo
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE ISTH REGULAR SESSION OF THE 33RD
PANLUNGSOD OF THE CITY OF lLOILO, PHILIPPINES, HELD AT THE SESSION HALL,
NEW CITY HALL BUILDING, PLAZA LIBERTAD,, !LOILO CITY, ON WEDNESDAY,
APRIL 25, 2012.

PRESENT:
HON. JOSE S. ESPINOSA Ill
Presiding Officer

NIELEX C. TUPAS
Temporary Presiding Officer

HON. JOSHUA C. ALIM, Floor Leader Member

HON.LYNDON V. ACAP Member
HON. RODEL F. AGADO Member
HON. ROBERTO E. DIVINAGRACIA, Lig ng mga B.-gy. Pm,. Ex Officio Member
HON.ELY A.ESTANTE,JR. Member
HON. JEFFREY P. GANZON Member
HON. R LEONE N. GEROCHI Member
HON. JASON R. GONZALES Member
HON. DAVID RAYMUND C. JAMORA Member
HON. SHEEN MARJE S. MABILOG, SK Fooeratfon Pre,., Ex Officio Member
HON. EDWARD C. YEE Member
HON. PERLAS. ZULUETA Member

ABSENT:

HON. PLARJDEL C. NAVA II (On Leave) Member

REGULATION ORDINANCE NO. 2012-196

ANTI AGE DISCRIMINATION IN JOB HIRING ORDINANCE
OF ILOILO CITY (ICADJHO)

Sponsored by Councilor David Raymund C. Jamora, co-sponsored

by Councilor Nielex C. Tupas, Joshua C. Alim, Sheen Marie S.
Mabilog, Plaridel C. Nava II and Lyndon V. Acap duly seconded
by Councilors Rode! F. Agado, Jason R. Gonzales

WHEREAS, the 1987 Constitution recognizes in its Preamble the promotion of the
"common good", or the '"good of all", instead of "general welfare" in the old Constitution which
refers only to the "good of the many";

W EREAS, it is the policy of the State, under Section 9, Article II on State Policies, to
promote' ull employment'', which implies the opening of job opportunities to as many
Reg. Ord. No. 2012~196. Apr. 25. 2012 Page2

applicants, as possible, who possess the qualifications and the capability to perform the essential
functions of the job;

WHEREAS, under Section 3, Article XIII on Social Justice and Human Rights, the 1987
Constitution mandates that ":r he State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of employment
opportunities for all";

WHEREAS, the "equality of employment opportunities for all", as mandated by the 1987
Constitution, is glaringly violated in present-day job-hiring notices and advertisements, which
generally require age limits for applicants to 18-25 or 21-35 years old only;

WHEREAS, an older applicant, when qualified, usually brings also to the job his or her
experience and other additional qualifications he or she has acquired in time, which even make
an older employee or worker more useful and productive on the job.

NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of the City of

Iloilo, in session duly assembled, that:

Section I. - TITLE. This Ordinance shall be called and cited as the "Anti Age
Discrimination in Job Hiring Ordinance of Iloilo City"

Section 2. - DECLARATION OF PRINCIPLES.

{a) This Ordinance adheres to the "Equality of Employment Opportunities for All"
provision of the 1987 Constitution, which gives older persons equal opportunity to
apply for jobs for suitable employment.
(b) Competence on the job is not synonymous with youthful age but by one's actual
performance on the job.

Section 3. - DEFINITION OF TERMS. The definitions below shall govern the

understanding of the words and terms used in this ordinance:

(a) Employable age-in this Ordinance, it refers to the legal age of 18 years old or above.
{b) Employment - refers to any productive activity engaged in by a person with the use
of mental or physical efforts in the employ of another for a pay.
(c) Employer - a person or establishment that hires and maintains individuals to perform
certain work or works for an agreed pay either by result, dai1y, weekly, monthly or by
any other arrangement as lawfully agreed.
(d) Employee or worker - one who gets paid for a productive work or job, whether by
result or for a regular daily, weekly or monthly pay, or by any other arrangement as
lawfully agreed.
(e) Qualified person - any person of employable age who possess the qualifications and
can perform the essential functions of the applied-for work or job.
(f) Essential functions of a job - the functions involving the performance of a job to
satisfaction, which employable applicants, regardless of their ages, may be asked to
show during the job interview and/or demonstration or job immersion through a
probationary period.

Section 4. - COVERAGE. This ordinance covers individual employers, outfits and

establishmen , regardless of the number of employees or workers in their employ; as well as all
persons of e loyable ages.
Reg. Ord. No. 2012-196. Apr. 25. 2012 Page 3

Section 5. - SCOPE OF HIRING DISCRIMINATION. Age discrimination in job

hiring under this ordinance shall include:

(a) Public announcement on job-hiring or posting of job-hiring advertisement or notice

which requires age limits, other than when required for a position or job by
congressional statues and other laws superior to this Ordinance;

(b) The use of age as a criterion, whether written or orally expressed, in the screening of
the applicant; or

(c) In any other way by which age is used to determine the qualification of the applicant.

Provided, that the requirement of the date of birth and similar data which may reveal the
age of the applicant in his resume -or biodata, as customarily required for record purposes, shall
not be considered a violation of this Ordinance.

Section 6. - EMPLOYER PREROGATIVE. It shall be the prerogative of the

employer to prescribe the qualifications of the applicants, minus the age, and the essential
functions of the work or job. A statement, oral or written, of these essential functions in the
public announcement or job-hiring notice or advertisement shall serve as evidence of these
essential functions.

Section 7. - RIGHTS OF AN OLDER APPLICANT. Other than his or her rights

under the labor laws and other laws protecting workers, an older applicant has the right to
complain and seek legal action when unduly discriminated in accordance with this Ordinance.

Section 8. - PENALTIES. Any violation of this Ordinance by the employer on job-

hiring as regards older applicants shall subject the employer to:

First Offense - Warning

znd Offense - a fine of Pl,000.00
3rd Offense - a fine of P3,000.00
4" Offense and Up - PS,000.00 or cancellation of business permit

These penalties against the employer shall be without prejudice to the rights of the
employer against worker or employees under Philippine laws on labor relations, which also
provide penalties against erring workers or employees.

Section 9. - IMPOSITION OF PENALTIES. The penalties in Section 8 shall be

administered and imposed by the Iloilo City Public Employment Service Office or the PESO, in
cooperation with the City Treasurer, who shall receive the collected fmes, and the Business
Permits and Licensing Division, which shall recommend to the Mayor the cancellation of
business permit as owing to the erring employer.

Section 10. EFFECTIVITY. This ordinance shall take effect thirty (30)days after
publication once a week for three consecutive weeks in a newspaper of general circulation in the
City oflloilo.

ENJD, April 25, 2012.



Reg. Ord. No. 2012~196, Apr. 25. 2012 Page4

I hereby certify to the correctness of the above quoted ordinance.

RUTH H. ARROYO
Se retary to the Sanggunian

ATTESTED AND CERTIFIED

TO BE DULY ENACTED: APPROVED:

JE~
./
E. MABILOG
~ityMayor

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