Hydoe James B.

Elan

Republic act 9710

Magna carta for women

- The MCW is a comprehensive women's human rights law that seeks to
eliminate discrimination through the recognition, protection, fulfilment and
promotion of the rights of Filipino women, especially those belonging in the
marginalized sectors of the society. It conveys a framework of rights for
women based directly on international law
The MCW establishes the Philippine government’s pledge of commitment to
the Convention on the Elimination of All Forms of Discrimination against Women's
(CEDAW) Committee in its 36th Session in 2006 and to the UN Human Rights Council
on its first Universal Periodic Review in 2009.  It is the local translation of the provisions
of the CEDAW, particularly in defining gender discrimination, state obligations,
substantive equality, and temporary special measures. It also recognizes human rights
guaranteed by the international Covenant on Economic, Social and Cultural Rights
(ICESCR)

Salient features of the law include:

 Increasing the number of women in third level positions in government to achieve

a fifty-fifty (50-50) gender balance within the next five years while the composition
of women in all levels of development planning and program implementation will be
at least 40 percent;

 Leave benefits of two (2) months with full pay based on gross monthly
compensation for women employees who undergo surgery caused by
gynecological disorders, provided that they have rendered continuous aggregate
employment service of at least six (6) months for the last twelve (12) months;

 Non-discrimination in employment in the field of military, police and other similar

services that include according the same promotional privileges and opportunities
as their men counterpart, including pay increases, additional benefits, and awards,
based on competency and quality of performance.

 Provision for equal access and elimination of discrimination in education,

scholarships, and training. Thus, "expulsion, non-readmission, prohibiting
enrollment, and other related discrimination of women students and faculty due to
pregnancy out of marriage shall be outlawed.
  Non-discriminatory and non-derogatory portrayal of women in media and film to
raise the consciousness of the general public in recognizing the dignity of women
and the role and contribution of women in family, community, and the society
through the strategic use of mass media;

 Equal status given to men and women on the titling of the land and issuance of
stewardship contracts and patents.

In addition to guaranteeing substantive rights, the MCW establishes the responsibility of

the government to take actions in order to end discrimination against women. It provides
that the Philippines government must "ensure the substantive equality of men and
women" and mandates the State to take steps to review, amend or repeal existing laws
that are discriminatory towards women.

The Government, in its entirety, shall fulfill these duties through the development and
implementation of laws, policies, regulatory instruments, administrative guidelines, and
other appropriate measures. It shall also establish mechanisms to promote the coherent
and integrated implementation of the MCW and other related laws and policies to
effectively stop discrimination against Filipino women.

The MCW mandates all government offices, including government-owned and

controlled corporations and local government units to adopt gender mainstreaming as a
strategy for implementing the law and attaining its objectives. It also mandates (a)
planning, budgeting, monitoring and evaluation for gender and development, (b) the
creation and/or strengthening of gender and development focal points, and (c) the
generation and maintenance of gender statistics and sex-disaggregated databases to
aid in planning, programming and policy formulation.

Republic act no. 9262. MARCH 08 2004

SECTION 3.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any

legitimate profession, occupation, business or activity, except in cases wherein
 the other spouse/partner objects on valid, serious and moral grounds as defined
in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the

use and enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the

conjugal money or properties.

The Family Code of the Philippines

Executive order no. 209 article 73

Either spouse may exercise any legitimate profession, occupation, business or activity
without the consent of the other. The latter may object only on valid, serious, and moral
grounds.

In case of disagreement; the court shall decide whether or not:

1. The objection is proper ; and

2. Benefit has occurred to the family prior to the objection or thereafter. If the benefit
accured prior to the objection,the resulting obligation shall be enforced against
the separate property of the spouse who has not obtained consent.

The for going provisions shall not prejudice the rights of creditors who acted in good
faith. (117a)

Art 94.6 expenses to enable either spouse to commence or complete a professional or

vocational course, or other activity for self improvement.
Republic Act No. 386 Chapter 4. Authority to Solemnize Marriages

Article 117 - The wife may exercise any profession or occupation or engage in
business. However, the husband may object, provided:

(1) His income is sufficient for the family, according to its social standing, and

(2) His opposition is founded on serious and valid grounds.

In case of disagreement on this question, the parents and grandparents as well

as the family council, if any, shall be consulted. If no agreement is still arrived at, the
court will decide whatever may be proper and in the best interest of the family. (n)

Article 161. The conjugal partnership shall be liable for:

(1) All debts and obligations contracted by the husband for the benefit of the
conjugal partnership, and those contracted by the wife, also for the same
purpose, in the cases where she may legally bind the partnership;

(2) Arrears or income due, during the marriage, from obligations which constitute
a charge upon property of either spouse or of the partnership;

(3) Minor repairs or for mere preservation made during the marriage upon the
separate property of either the husband or the wife; major repairs shall not be
charged to the partnership;

(4) Major or minor repairs upon the conjugal partnership property;

(5) The maintenance of the family and the education of the children of both
husband and wife, and of legitimate children of one of the spouses;

(6) Expenses to permit the spouses to complete a professional, vocational or

other course. (1408a)