Age discrimination law not applicable to police applicants

DearPAO, I AM APPLYING AS A POLICE OFfiCER and will turn 31 on Aug .8,2020. Somebody told me that I would bed is qualified if I would not be appointed until my date of birth. Is the said requirement a violation of the Age Discrimination

Trover

Dear Trover,

Section Q4 of Republic Act (RA) 855Q, otherwise known as the “Philippine National Police Reform and Reorganization Act of

Q998,” states that a new applicant to the PNP “must not be less than twenty-one (2Q) nor more than thirty (30) years of age: except for the last qualification, the aboveenumerated qualifications shall be continuing in character and an absence of any one of them at any given time shall be a ground for separation or retirement from the service: Provided, That PNP members who are already in the service upon the effectivity of this Act shall be given at least two (2) more years to obtain the minimum educational qualification and one (Q) year to satisfy the weight requirement.”

The afore-stated law should be followed with respect to a person applying as a police officer and the age requirement provided therein is not in contravention with RA Q09QQ, otherwise known as the “Anti-Age Discrimination in Employment Act.” Further, the abovementioned initial qualifications for appointment may be waived under Section Q5 of the said law when the number of qualified applicants fall below the minimum annual quota, viz: “x x xx. x x xThat an applicant shall not be below twenty (20) nor over thirty-five (35) years of age: x x x”

Please take note also that Section 6 of RA Q09QQ provides for the following exemptions:

“It shall not be unlawful for an employer to set age limitations in employment if:

“(a) Age is a bona fide occupational qualification reasonably necessary in the normal operation of a particular business or where the differentiation is based on reasonable factors other than age;

“(b) The intent is to observe the terms of a bona fide seniority system that is not intended to evade the purpose of this Act;

“(c) The intent is to observe the terms of a bona fide employee retirement or a voluntary early retirement plan consistent with the purpose of this Act: Provided, That such retirement or voluntary retirement plan is in accordance with the Labor Code, as amended, and other related laws; or

“(d) The action is duly certified by the Secretary of Labor and Employment in accordance with the purpose of this Act.”

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’ s note: Dear PA O is a daily column of the Public Attorney’ s Office. Questions for Chief A costa maybe sent to dear pao@ manila times.