Name: Argie G.

Catambacan Class Code: HRM 2232 (3-106) TTH

Learning Activity 4: Legal Environment of HRM

1. 1987 Philippine Constitution and HRM

Article 2: DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 9: The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all.
Section 10: The State shall promote social justice in all phases of national
development.
Section 11: The State values the dignity of every human person and guarantees
full respect for human rights.
Section 14: The State recognizes the role of women in nation-building and shall
ensure the fundamental equality before the law of women and men.
Section 15: The State shall protect and promote the right to health of the people
and instill health consciousness among them.
Section 18: The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.
Section 22: The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
Section 27: The State shall maintain honesty and integrity in the public service
and take positive and effective measures against graft and corruption.
2. Important laws on equal opportunity and anti-discrimination (National laws
and local ordinances)

National Laws about equal opportunity

[REPUBLIC ACT NO. 10524]
“AN ACT EXPANDING THE POSITIONS RESERVED FOR PERSONS
WITH DISABILITY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
7277, AS AMENDED, OTHERWISE KNOWN AS THE MAGNA CARTA FOR
PERSONS WITH DISABILITY”

SECTION 1. Equal Opportunity for Employment. – Section 5 of Republic

Act No. 7277, as amended, is hereby amended to read as follows:
“SEC. 5. Equal Opportunity for Employment. – No person with
disability shall be denied access to opportunities for suitable employment.
A qualified employee with disability shall be subject to the same terms and
conditions of employment and the same compensation, privileges,
benefits, fringe benefits, incentives or allowances as a qualified able-
bodied person.

“At least one percent (1%) of all positions in all government

agencies, offices or corporal ions shall be reserved for persons with
disability: Provided, that private corporations with more than one hundred
(100) employees are encouraged to reserve at least one percent (1%) of
all positions for persons with disability.”

National Laws about anti-discrimination

[Republic Act No. 6725]
AN ACT STRENGTHENING THE PROHIBITION ON DISCRIMINATION
AGAINST WOMEN WITH RESPECT TO TERMS AND CONDITIONS OF
EMPLOYMENT, AMENDING FOR THE PURPOSE ARTICLE ONE HUNDRED
THIRTY-FIVE OF THE LABOR CODE, AS AMENDED
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
 SECTION 1. Article One hundred thirty-five of the Labor Code, as
amended, is hereby further amended to read as follows:
"Art. 135. Discrimination Prohibited. — It shall be unlawful for any
employer to discriminate against any woman employee with respect to terms and
conditions of employment solely on account of her sex.
The following are acts of discrimination:
"(a) Payment of a lesser compensation, including wage, salary or other form of
remuneration and fringe benefits, to a female employee as against a male
employee, for work of equal value; and
"(b) Favoring a male employee over a female employee with respect to
promotion, training opportunities, study and scholarship grants solely on account
of their sexes.
"Criminal liability for the willful commission of any unlawful act as provided in this
article or any violation of the rules and regulations issued pursuant to Section 2
hereof shall be penalized as provided in Articles 288 and 289 of this Code:
Provided, That the institution of any criminal action under this provision shall not
bar the aggrieved employee from filing an entirely separate and distinct action for
money claims, which may include claims for damages and other affirmative
reliefs. The actions hereby authorized shall proceed independently of each
other."

Davao City Ordinance about Anti-Discrimination

Ordinance No.0417-12, Series of 2012 (DAVAO CITY)
An Ordinance Declaring Unlawful Acts and Conduct of
Discrimination Based on Sex, Gender Identity, Sexual Orientation, Race,
Color, Decent, Nationality, Or Ethnical and Religious Affiliation or Beliefs
and Penalizing the Same
Section IV. ACT OF DISCRIMINATION, HOW COMMITTED.
Discrimination is committed when a person withholds from, excludes,
restricts, curtails, demeans human dignity or otherwise impairs the recognition,
enjoyment and/or exercise of a right or basic freedom, of another, to which others
similarly situated or circumstanced are extended or which they are allowed to
enjoy or exercise, in employment, education, shelter and delivery of basic goods
and services, on the basis of national or ethnic origin, religious affiliation or belief,
sex, gender identity, sexual orientation, descent, race, or color of the skin, and
that the following constitute acts of discrimination and are therefore punishable.
 1. By refusing employment to a job applicant or imposing onerous or
additional terms or conditions which are not imposed on another
similarly situated or circumstanced, on the basis of ethnic origin,
religious affiliation or belief, sex, gender identity, sexual orientation,
descent, race or color of the skin; by denying or limiting access to an
employee, opportunities for promotion, transfer, training, schooling or
to any other benefit which are otherwise granted to other employees
similarly situated or circumstanced, on the basis of national or ethnic
origin, religious affiliation or belief, sex, gender identity, sexual
orientation, descent, race or color of the skin;
- In other words, the ordinance No.0417-12 enumerates seven ways how
discrimination may be committed against people applying for jobs, buying
products and services, seeking enrolment in school, entry to restaurants,
bars, entertainment spots and other establishments generally open to the
public, among other privileges, (Antonio J. Ajero, writer of Edge Davao
Online Magazine).

3. [1987 Philippine Constitution and HRM]

Article 3: BILL OF RIGHTS

Art. 3, Section 1: No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of the
laws.
Art. 3, Section 8: The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.

Research on the following:

1. National laws (Republic Act)
- National law, which is often referred to as domestic law, are those laws
that exist “within” a particular nation (State). National laws are also
recognized as the expression of the State itself, since it emanates from
the local authority, which could be the law-making institution, such as the
United States Congress or the French Parliament.
 REPUBLIC ACT NO. 9710 “AN ACT PROVIDING FOR THE MAGNA CARTA OF
WOMEN”
- is a comprehensive women's human rights law that seeks to eliminate
discrimination against women by recognizing, protecting, fulfilling and
promoting the rights of Filipino women, especially those in the
marginalized sectors.

[REPUBLIC ACT NO. 10524] AN ACT EXPANDING THE POSITIONS RESERVED

FOR PERSONS WITH DISABILITY, AMENDING FOR THE PURPOSE REPUBLIC
ACT NO. 7277, AS AMENDED, OTHERWISE KNOWN AS THE MAGNA CARTA FOR
PERSONS WITH DISABILITY
- Under RA 10524, Persons with Disability (PWDs) refer to individuals who
suffer long-term physical, mental, intellectual or sensory impairments
which, upon interaction with various barriers, may hinder their full and
effective participation in society on an equal basis with others.
- “SEC. 5. Equal Opportunity for Employment. – No person with
disability shall be denied access to opportunities for suitable employment.
A qualified employee with disability shall be subject to the same terms and
conditions of employment and the same compensation, privileges,
benefits, fringe benefits, incentives or allowances as a qualified able
bodied person. “At least one percent (1%) of all positions in all
government agencies, offices or corporal ions shall be reserved for
persons with disability: Provided, That private corporations with more than
one hundred (100) employees are encouraged to reserve at least one
percent (1%) of all positions for persons with disability.”

2. Local Ordinances (local government units/LGUs)

- is a law for a political division smaller than a state, i.e., a local government
of a municipality, county, parish, prefecture, etc.
Ordinance No.0417-12, Series of 2012 (DAVAO CITY)
An Ordinance Declaring Unlawful Acts and Conduct of
Discrimination Based on Sex, Gender Identity, Sexual Orientation, Race,
Color, Decent, Nationality, Or Ethnical and Religious Affiliation or Beliefs
and Penalizing the Same
3. Court decisions (Supreme Court/Philippine Government)
- The 1987 Constitution established a representative democracy with power
divided among three separate and independent branches of government:
the Executive, a bicameral Legislature, and the Judiciary. There were
three independent constitutional commissions as well: the Commission on
Audit, the Civil Service Commission, and the Commission on Elections.
Integrated into the Constitution was a full Bill of Rights, which guaranteed
fundamental civil and political rights, and it provided for free, fair, and
periodic elections. In comparison with the weak document that had given
Marcos a legal fiction behind which to hide, this Constitution seemed ideal
to many Filipinos emerging from 20 years of political repression and
oppression.
Executive branch
The Executive branch is headed by the President and his appointed Cabinet.
The President is the head of the state and the chief executive, but he is
subject to significant checks from the other branches, especially in times of
emergency, which, given the history of the country, was obviously intended to
be a safeguard against a repeat of Marcos’ martial law despotism.
Legislative branch
The legislative power is vested in a Congress which is divided into two
Houses, the Senate and the House of Representatives. The 24 members of
the Senate are elected at large by a popular vote and can serve no more than
two consecutive 6-year terms. The House is composed of 250 elected
members. Most of these Representatives are elected by district for 3-year
terms, but 20% of the total membership is chosen in proportion to party
representation. Besides the exclusive power to legislate, one of the most
important powers of Congress is the ability to declare war, which it can
through a two-thirds vote in both houses. Even the power to legislate,
however, is subject to an executive check. The President retains the power to
veto a bill passed by both houses, and Congress may override this veto only
with a two-thirds vote in both houses.
Judicial branch
The Court system in the Philippines exercises the judicial power of
government and it is made up of a Supreme Court and lower courts created
by law. The Supreme Court is a 15-member court appointed by the President
without need for confirmation by Congress. Appointment, however, is limited
to a list of nominees presented to the President by a constitutionally specified
Judicial and Bar Council. This Council consists of 7 members: the Chief
Justice of the Supreme Court, the Secretary of Justice, a representative from
 Congress, a representative of the Integrated Bar, a professor of law, a retired
member of the Supreme Court, and a representative of the private sector.

[Laws and ordinances that seek to promote, protect, educate the Filipinos on fair and
equal treatment and opportunity in various contexts or situations]

REFLECTION
As I am doing this activity, I have learned that having labor laws, a company can
create a productive work environment that elevates business growth. For labor laws
play a significant and vital role in the corporate and business sector. The law exists so
that employees are treated appropriately in work environments, and so their rights as an
employee are protected. They also ensure that employers are valued for their expertise
and are compensated accordingly. With labor laws being in place is a win-win situation
for both parties, as there is equal protection given to both. It is also important to be
aware of all these labor-related laws, for it only not protects the workers from getting
into any legal trouble but also contributes to better employee retention and
performance. Thus, this would lead us to the idea that labor laws work for both
employees and employers, ensuring a successful working relationship.

References
Ordinance No.0417-12, Series of 2012. An Ordinance Declaring Unlawful Acts and
Conduct of Discrimination Based on Sex, Gender Identity, Sexual Orientation, Race,
Color, Decent, Nationality, Or Ethnical and Religious Affiliation or Beliefs and Penalizing
the Same. https://pages.upd.edu.ph/sites/default/files/ejmanalastas/files/davao_anti-
discrimination_ordinance.pdf
[Republic Act No. 6725], May 12,1989. “AN ACT STRENGTHENING THE
PROHIBITION ON DISCRIMINATION AGAINST WOMEN WITH RESPECT TO
TERMS AND CONDITIONS OF EMPLOYMENT, AMENDING FOR THE PURPOSE
ARTICLE ONE HUNDRED THIRTY-FIVE OF THE LABOR CODE, AS AMENDED”
https://lawphil.net/statutes/repacts/ra1989/ra_6725_1989.html
REPUBLIC ACT NO. 9710 “AN ACT PROVIDING FOR THE MAGNA CARTA OF
WOMEN” https://www.dbp.ph/wp-content/uploads/2018/06/Magna-Carta-of-Women.pdf
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.
http://hrlibrary.umn.edu/research/Philippines/PHILIPPINE%20CONSTITUTION.pdf
The Official Gazette is the official journal of the Republic of the Philippines. Edited at the
Office of the President of the Philippines Under Commonwealth Act No. 638. Republic
Act No. 10524: AN ACT EXPANDING THE POSITIONS RESERVED FOR PERSONS
WITH DISABILITY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7277, AS
AMENDED, OTHERWISE KNOWN AS THE MAGNA CARTA FOR PERSONS WITH
DISABILITY https://www.officialgazette.gov.ph/2013/04/23/republic-act-no-10524/