WOMEN AND CHILDREN

ATTY. JUNE AMBROSIO

The development of the legal status of women under Philippine law is evident in the history of political law. It
was only in the 1930s that women were allowed to exercise their right to vote and be elected to a public office.
Under the 1987 Constitution, the status of women has changed. The role of women in nation-building is now
expressly recognized. It is also guarantees equal access to opportunities for public service. The development
of laws under this category has also been marked by a conscious effort at giving women a voice, making
women participate in decision making and policy making.

The 1987 Constitution gives recognition to the role of women and continues to play in the task of nation building.
Since women constitute of the population. They are indeed a potent political force in Philippine society.
It is but right that their voice be heard not only on matters affecting their welfare but also those affecting the country as a whole.
Historical Background:
Women enjoyed a high standing society during the pre-colonial times, this was diminished by the imprint of Hispanic laws and culture in
the Philippines.
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It was only in the 3 decade of American rule that women were given the right to vote.
Historical records show that the Philippine legislature granted the right of suffrage to women and made them eligible to all public office
as early as December 7, 1933.
- However , the convening of the Constitutional Convention in 1934 intervened the statute and was never implemented.
Section 1, Article V of the 1935 Constitution : It provided that the extension of the right of suffrage to women was conditional. It
depended upon a plebiscite held for that purpose within 2 years after the adoption of the Constitution and the affirmative votes of at
least 300,000 women.
Commonwealth Act no. 34, provided for the holding of the plebiscite on the question of women suffrage.
- It was only in the local elections of 1937 that the women finally exercised their right of suffrage.
- In this election, male voters could be identified by producing their personal cedulas while women voters had to be identified by
producing their birth or baptismal certificates or by means of an affidavit by the applicant made before an election inspector of
the respective election precinct before a notary public.
The development of the Filipina struggle may be attributed to the 3 factors.
However, much of the advance that the Filipino woman has achieved can be traced to the educational opportunities
opened to her at the onset of American Sovereignty.
Education was a key element to their colonial policy.
III: Categories of Rights
The 1987 Constitution contains a Bill of rights, which is a declaration of fundamental individual rights secured and
guaranteed against encroachment or impairment by any form of governmental action.
Womens Political Party
Full participation is dependent upon literacy and education and as such, attention must be devoted to ensure that
literacy, education and information which is the backbone of popular participation are made available to all.

Republic Act No. 7160

AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991
This bill which is a consolidation of Senate Bill No. 155 and House Bill No. 31046 was finally passed by the Senate and the
House of Representatives on September 12, 1991, respectively.
Art 2 Sec 14 1987 Constitution
The state recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of
women and men.
The Local Government Code has been amended to provide representatives for women in all of the 1,600 local legislative assemblies
(Sangguniang Panlalawiganm Sangguniang Panglunsod, Sangguniang Bayan and Sangguniang Barangay) nationwide. This is
consistent with the 1987 Constitution recognizing womens vital role in nation building.
Approved: October 10, 1991
Republic Act 7941 MARTHA
AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM AN
APPROPRIATING FUNDS THEREFOR
The 1987 Constitution provides that there shall be party-list representatives and the women sector is to be allocated a seat therein (Art
VI, Sec 5(2)). Before the enactment of RA. 7941, the sectoral representative for women was appointed by the President. This law now
provides for the election of party-list representatives through the party-list system including the women sector.
Art VI, Sec 5(2)).
The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party
list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall
be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women,
youth, and such other sectors as may be provided by law, except the religious sector.

ANG LADLAD VS. COMELEC

Facts:
Petitioner is a national organization which represents the lesbians, gays, bisexuals, and trans-genders. It filed a petition for
accreditation as a party-list organization to public respondent. However, due to moral grounds, the latter denied the said petition. To
buttress their denial, COMELEC cited certain biblical and quranic passages in their decision. It also stated that since their ways are
immoral and contrary to public policy, they are considered nuissance. In fact, their acts are even punishable under the Revised Penal
Code in its Article 201.
A motion for reconsideration being denied, Petitioner filed this instant Petition on Certiorari under Rule 65 of the ROC. Ang Ladlad
argued that the denial of accreditation, insofar as it justified the exclusion by using religious dogma, violated the constitutional
guarantees against the establishment of religion. Petitioner also claimed that the Assailed Resolutions contravened its constitutional
rights to privacy, freedom of speech and assembly, and equal protection of laws, as well as constituted violations of the Philippines
international obligations against discrimination based on sexual orientation.
In its Comment, the COMELEC reiterated that petitioner does not have a concrete and genuine national political agenda to benefit the
nation and that the petition was validly dismissed on moral grounds. It also argued for the first time that the LGBT sector is not among
the sectors enumerated by the Constitution and RA 7941, and that petitioner made untruthful statements in its petition when it alleged
its national existence contrary to actual verification reports by COMELECs field personnel.

Issue: WON Respondent violated the Non-establishment clause of the Constitution; WON Respondent erred in denying Petitioners
application on moral and legal grounds.
Held:
Respondent mistakenly opines that our ruling in Ang Bagong Bayani stands for the proposition that only those sectors specifically
enumerated in the law or related to said sectors (labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly,
handicapped, women, youth, veterans, overseas workers, and professionals) may be registered under the party-list system. As we
explicitly ruled in Ang Bagong Bayani-OFW Labor Party v. Commission on Elections, the enumeration of marginalized and underrepresented sectors is not exclusive. The crucial element is not whether a sector is specifically enumerated, but whether a particular
organization complies with the requirements of the Constitution and RA 7941.
Our Constitution provides in Article III, Section 5 that [n]o law shall be made respecting an establishment of religion, or prohibiting the
free exercise thereof. At bottom, what our non-establishment clause calls for is government neutrality in religious matters. Clearly,
governmental reliance on religious justification is inconsistent with this policy of neutrality. We thus find that it was grave violation of
the non-establishment clause for the COMELEC to utilize the Bible and the Koran to justify the exclusion of Ang Ladlad. Be it noted that
government action must have a secular purpose.
Respondent has failed to explain what societal ills are sought to be prevented, or why special protection is required for the youth.
Neither has the COMELEC condescended to justify its position that petitioners admission into the party-list system would be so harmful
as to irreparably damage the moral fabric of society.
We also find the COMELECs reference to purported violations of our penal and civil laws flimsy, at best; disingenuous, at worst. Article
694 of the Civil Code defines a nuisance as any act, omission, establishment, condition of property, or anything else which shocks,
defies, or disregards decency or morality, the remedies for which are a prosecution under the Revised Penal Code or any local
ordinance, a civil action, or abatement without judicial proceedings. A violation of Article 201 of the Revised Penal Code, on the other
hand, requires proof beyond reasonable doubt to support a criminal conviction. It hardly needs to be emphasized that mere allegation of
violation of laws is not proof, and a mere blanket invocation of public morals cannot replace the institution of civil or criminal
proceedings and a judicial determination of liability or culpability.
As such, we hold that moral disapproval, without more, is not a sufficient governmental interest to justify exclusion of homosexuals from
participation in the party-list system. The denial of Ang Ladlads registration on purely moral grounds amounts more to a statement of
dislike and disapproval of homosexuals, rather than a tool to further any substantial public interest.

Republic Act No. 8171 MARTHA

AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO WOMEN WHO HAVE LOST THEIR PHILIPPINE CITIZENSHIP BY
MARRIAGE TO ALIENS AND OF NATURAL BORN FILIPINOS
This Act provides repatriation to:
- Filipino women who have lost their citizenship by marriage to aliens and
- Natural-born Filipinos who have lost their citizenship on account of political or economic necessity provided that he/she is not opposed
to organized government, not teaching or defending violence and of good moral and mental standing.

Tabasa vs CA G.R.

No. 125793 August 29, 2006

In 1968, when petitioner was seven years old, his father, Rodolfo Tabasa, became a naturalized citizen of the United States. By
derivative naturalization (citizenship derived from that of another as from a person who holds citizenship by virtue of naturalization),
petitioner also acquired American citizenship. Petitioner theorizes that he could be repatriated under RA 8171 because he is a child of a
natural-born Filipino, and that he lost his Philippine citizenship by derivative naturalization when he was still a minor.

ISSUE: Is Jeovanie Tabasa a natural-born Filipino who had lost his Philippine citizenship by reason of political or economic necessity
under RA 8171?

HELD: He does not. The only persons entitled to repatriation under RA 8171 are the following: a. Filipino women who lost their
Philippine citizenship by marriage to aliens; and b. Natural-born Filipinos including their minor children who lost their Philippine
citizenship on account of political or economic necessity. Petitioner overlooks the fact that the privilege of repatriation under RA 8171 is
available only to natural-born Filipinos who lost their citizenship on account of political or economic necessity, and to the minor children
of said natural-born Filipinos. Petitioner overlooks the fact that the privilege of repatriation under RA 8171 is available only to naturalborn Filipinos who lost their citizenship on account of political or economic necessity, and to the minor children of said natural-born
Filipinos. The privilege under RA 8171 belongs to children who are of minor age at the time of the filing of the petition for repatriation.
ECONOMIC/ EMPLOYMENT
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PERA ACT
PORTABILITY LAW
PATERNITY LEAVE

HEALTH/ SOCIAL WELFARE

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DOH Programs
RA 5416- DSWD Created: Comprehensive program of social welfare.
- Services designated to promote further developments of individuals
RA 8503
EO 663 (2007) Bakuna sa sanggol
RA 8980
RA 7305: Magna Carta of Public Health Workers
Ra 7875: Socialized health care (RA 10606)
RA 8344
RA 731 National Indigent Childrens hospital
RA 8504 (AIDS)
RA 8505 (Rape Victim) womens desk
RA 10354
1. Information
2. Access
3. Freedom of Choice
4. Discrimination
The laws prohibiting hospitals from asking for deposits
Detaining the patient (RA 9439)
Charitable ward
Free legal Assistance

MARRIAGE/ FAMILY
Family Code Provisions