GRADUATE SCHOOL OF CRIMINAL JUSTICE & PUBLIC SAFETY

Gen. Luna Rd., Baguio City

___________________________________________________ o ___________________________________________________

2nd Semester SY 2020-2021

Name : Jan Michael A. Fernandez

Facilitator : Dr. Jezreel Vicente
Subject : PHDCJM4_GSPHDCRIM_GENDER, CRIME AND JUSTICE
Schedule : 7:30 am – 10:30 am (Saturday and Sunday
Date : February 13, 2022

Objectives:

 To understand gender-based violence.

 To understand why gender-based violence be address
 To identify the different laws that address gender-based violence

Introduction

Globally, violence against women disproportionately affects low- and lower-middle-income

countries and regions. Thirty-seven per cent of women aged 15 to 49 living in countries
classified by the Sustainable Development Goals as “least developed” have been subject to
physical and/or sexual intimate partner violence in their life. Twenty-two per cent of women
living in “least developed countries” have been subjected to intimate partner violence in the past
12 months—substantially higher than the world average of 13 per cent (Anonymous, n.d).

Gender-based violence targets or affects women and girls disproportionately. About 1 in 3

women worldwide have experienced sexual and other forms of violence. Women are also much
more likely than men to be killed by their intimate partners or family members. Crimes involving
violence against women are among the most under-reported and the least likely to end in
conviction. Survivors often face significant obstacles due to gaps in criminal law and procedure,
gender stereotypes, victim blaming and inadequate responses of criminal justice institutions and
professionals, leading to secondary victimization. The ongoing COVID-19 pandemic has further
reduced access to essential police and justice services for women, despite reports of increased
levels of gender-based violence (United Nation, n.d.).

According to UN women (n.d.) Gender-based violence has been ingrained into society, in some
countries and regions more than others. In many communities, violence against girls and
women is expected and even accepted. In Guinea, for instance, 89% of girls and women
between the ages 15-24 believe that men beating their wives is justified under at least one
condition.

Certain groups are more vulnerable to violence, including girls and young women from poor,
rural or indigenous communities, those who are or are perceived to be LGBTIQ+, those living
with disabilities, and girls and women who speak out about political, social and cultural issues
and gender inequality.

In the Philippines, Violence against women and girls undermines the health, dignity, security
and autonomy of its victims, yet it remains shrouded in a culture of silence. The health
consequences of violence are enormous and include permanent disability, unwanted
pregnancies, lingering psychological trauma, sexually transmitted infections including HIV, and
even death.

Yet in the Philippines, 1 in 20 women and girls age 15-49 have experienced sexual violence in
their lifetime, according to the 2017 National Demographic and Health Survey (UNFPA, n.d.).

Topics

Gender-based violence based from Philippine laws

a. Republic Act No. 9710
b. Republic Act No. 9262, Section 5 Rule No. 2 of the IRR
c. Republic Act No. 9208, Section 3
d. Republic Act No. 8353, How rape is committed (paragraph 1 and 2)
e. Republic Act No.7610, Section 3
f. Republic Act No. 9775, Section 3 (b)
g. Republic Act No. 9995, Section 4
h. Republic Act No. 9851, Chapter 1 Section 2; Chapter III Section 4 (c)
i. Republic Act No. 9745, Section 2
j. Republic Act No

Body of the Report

According to UNHCR (n.d) Gender-Based violence refers to harmful acts directed at an

individual based on their gender. It is rooted in gender inequality, the abuse of power and
harmful norms.

Gender-based violence (GBV) is a serious violation of human rights and a life-threatening health
and protection issue. It is estimated that one in three women will experience sexual or physical
violence in their lifetime. During displacement and times of crisis, the threat of GBV significantly
increases for women and girls.

Gender-based violence is preventable and UNHCR is committed to promoting gender equality

and human rights and to protecting refugees and other persons of concern from GBV.

Gender-based violence is a phenomenon deeply rooted in gender inequality, and continues to

be one of the most notable human rights violations within all societies. Gender-based violence is
violence directed against a person because of their gender. Both women and men experience
gender-based violence but the majority of victims are women and girls.

Gender-based violence and violence against women are terms that are often used
interchangeably as it has been widely acknowledged that most gender-based violence is
inflicted on women and girls, by men. However, using the ‘gender-based’ aspect is important as
it highlights the fact that many forms of violence against women are rooted in power inequalities
between women and men. The terms are used interchangeably throughout EIGE’s work,
reflecting the disproportionate number of these particular crimes against women.

Ott (2021) Gender-based violence (GBV) is violence that is directed at an individual based on
his or her biological sex OR gender identity. It includes physical, sexual, verbal, emotional, and
psychological abuse, threats, coercion, and economic or educational deprivation, whether
occurring in public or private life.

Why do we talk about GBV?

Gender-based violence is an issue faced by people all over the world. Women are
disproportionately harmed by gender-based violence. That is why hundreds of organizations
focus on ending violence against women. According to the United Nation’s Population Fund, 1
in 3 women have experienced physical or sexualized violence in their lifetime. That is not
including emotional, financial, or verbal abuse. Despite being so prevalent, gender-based
violence is largely under reported because of stigma and lack of access to resources and
support systems (Ott, 2021).

According to Ott (2021) GBV can impact anyone regardless of their geographical location,
socio-economic background, race, religion, sexuality, or gender identity. While women and girls
are the most at risk and the most affected by gender-based violence, boys, men, and sexual
and gender minorities also experience gender-based violence. GBV can have serious physical,
mental, economic, and social repercussions. For example. sexualized violence can lead to
unwanted pregnancies, unsafe abortions, and STI transmission, as well as isolation and
depression. It can also prevent survivors from achieving economic prosperity because of stigma
or physical and psychological trauma caused by the violence.
The prevalence of gender-based violence worldwide is largely due to systemic gender inequality
that disempowers women, girls, and other minorities, and stifles their voices so that their stories
are not heard and their natural human rights can be more easily taken away. The cycle of
violence is further perpetuated by lack of justice, a dearth of available resources, or lack of
economic opportunities which leads to the survivor being dependent on the abuser. For
example, in the United States about two percent of rapists are likely to face incarceration and
perpetrators of honor-killing around the world are rarely persecuted. This allows violent groups
and individuals to continue abusing their power without fear of repercussions (Ott, 2021).

Examples of GBV

GBV can manifest in many different forms, and it is important that we identify what qualifies as
gender-based violence. Think of it as an act of violence that is directly related to or justified by
using the gender of the victim or survivors. GBV can happen in the private or public sphere, in
kitchens and bedrooms and streets, markets and boardrooms or in the refugee camps. It can
include street harassment, i.e. groping, whistling, or unwanted attention in publish spaces, and
marital rape and intimate partner violence. There are many forms of GBV that have been
challenged as traditions in certain communities. Whether it is early marriages in certain US
communities, rape in South Africa and other countries around the world, trafficking of persons in
India, sexual violence in the Democratic Republic of Congo, femicide in Guatemala, female
genital mutilation in Nigeria, so-called honor killings in Iraq or Pakistan, there is no justification
for violence (Ott, 2021).

What is Being Done About GBV?

Since GBV is such a widespread issue, there are many organizations and sectors working to
address and prevent it, including the private sector, multilateral agencies, governments, and
NGOs including UN Women, USAID, and NGOs such as Women for Women International. UN
Women promotes early intervention that focuses on promoting relationships between boys and
girls based on respect and equality through education. USAID also emphasizes prevention
through awareness, but also emphasizes the need for improved services for survivors of GBV.
While the Global Fund for Women is supporting more localized efforts, such as working to end
GBV in the garment industry in South Asia (Ott, 2021).

Here at Women for Women International, we work to address GBV through women’s rights
education for men and women. We teach women about their rights so that they can advocate
for themselves and other women in the community. According to Ott (2021) It is also essential
to teach men about women’s rights and their responsibility in defending those rights including
preventing GBV. This idea is grounded in the idea that women and men are partners who
should work hand-in-hand to achieve gender equality. For example, in Afghanistan at the
beginning of our program 6% of men reported having a positive view on women’s role in family
decision making whereas after the course, 99% of participants viewed women’s participation in
family decision-making positively. In the countries, we work in men are 20% more likely to share
information with their communities about the effects of violence against women after
participating in our program. To prevent gender-based violence, we must engage men so they
can be effective allies and start inclusive conversations about the issue in their communities and
with their own peers (Ott, 2021)..

a. Republic Act No. 9710

Republic Act 9710: Magna Carta of Women

According to PCW (n.d)The Magna Carta of Women (MCW) is a comprehensive women’s

human rights law that seeks to eliminate discrimination through the recognition, protection,
fulfillment, 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).

PCW (n.d) 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 (PCW, n.d).

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 (PCW, n.d)..

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.

How can Filipino women living abroad benefit from this law?

Statistics show that more and more Filipino women are migrating for overseas employment. In
many places, women migrant workers have limited legal protections or access to information
about their rights, rendering them vulnerable to gender-specific discrimination, exploitation and
abuse. Section 37 of the Magna Carta of Women mandates the designation of a gender focal
point in the consular section of Philippine embassies or consulates. The said officer who shall
be trained on Gender and Development shall be primarily responsible in handling gender
concerns of women migrant workers, especially those in distress. Other agencies (e.g. the
Department of Labor and Employment and the Department of Social Welfare and Development)
are also mandated to cooperate in strengthening the Philippine foreign posts' programs for the
delivery of services to women migrant workers, consistent with the one-country team approach
in Foreign Service.

Who will be responsible for implementing the Magna Carta of Women?

The State, the private sector, society in general, and all individuals shall contribute to the
recognition, respect and promotion of the rights of women defined and guaranteed in the Magna
Carta of Women. The Philippine Government shall be the primary duty-bearer in implementing
the said law. This means that all government offices, including local government units and
government-owned and controlled corporations shall be responsible to implement the provisions
of Magna Carta of Women that falls within their mandate, particularly those that guarantee
rightsof women that require specific action from the State. As the primary duty-bearer, the
Government is tasked to:

• refrain from discriminating against women and violating their rights;

• protect women against discrimination and from violation of their rights by private corporations,
entities, and individuals;
• promote and fulfill the rights of women in all spheres, including their rights to substantive
equality and non-discrimination.

The Government shall fulfill these duties through the development and implementation of laws,
policies,regulatory instruments, administrative guidelines, and other appropriate measures,
including temporary special measures. It shall also establish mechanisms to promote the
coherent and integrated implementation of the Magna Carta of Women and other related laws
and policies to effectively stop discrimination against Filipino women.

What are the specific responsibilities of government under the Magna Carta of Women?

The Magna Carta of Women 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.

Under this law, the National Commission on the Role of Filipino Women which will be renamed
as the Philippine Commission on Women (PCW) shall be the overall monitoring and oversight
body to ensure the implementation of the law. As an agency under the Office of the President of
the Philippines, it will be the primary policy-making and coordinating body for women and
gender equality concerns and shall lead in ensuring that government agencies are capacitated
on the effective implementation of the Magna Carta of Women.

Consistent with its mandate, the Commission on Human Rights shall act as the Gender and
Development Ombud to ensure the promotion and protection of women's human rights. The
Commission on Audit shall conduct an annual audit on the government offices' use of their
gender and development budgets for the purpose of determining its judicious use and the
efficiency, and effectiveness of interventions in addressing gender issues. Local government
units are also encouraged to develop and pass a gender and development code to address the
issues and concerns of women in their respective localities based on consultation with their
women constituents.

What are the penalties of violators?

If the violation is committed by a government agency or any government office, including

government-owned and controlled corporations and local government units, the person directly
responsible for the violation, as well as the head of the agency or local chief executive shall be
held liable under the Magna Carta of Women. The sanctions under administrative law, civil
service or other appropriate laws shall be recommended by the Commission on Human Rights
to the Civil Service Commission and the Department of the Interior and Local Government.
Further, in cases where violence has been proven to be perpetrated by agents of the State,
such shall be considered aggravating offenses with corresponding penalties depending on the
severity of the offenses.

If the violation is committed by a private entity or individual, the person directly responsible for
the violation shall be liable to pay damages. Further, the offended party can also pursue other
remedies available under the law and can invoke any of the other provisions of existing laws,
especially those that protect the rights of women.

How will the implementation of the Magna Carta of Women be funded?

The Magna Carta of Women provides that the State agencies should utilize their gender and
development budgets for programs and activities to implement its provisions. Funds necessary
for the implementation of the Magna Carta of Women shall be charged against the current
appropriations of the concerned agencies, and shall be included in their annual budgets for the
succeeding years.

The Magna Carta of Women also mandates the State to prioritize allocation of all available
resources to effectively fulfill its obligations under the said law.

When is the effectivity of the Magna Carta of Women?

The Magna Carta of Women shall take effect fifteen (15) days after its publication in at least two
(2) newspapers of general circulation.

Who will formulate the Implementing Rules and Regulations?

The Philippine Commission on Women, in coordination with the Commission on Human Rights
and all concerned departments and agencies including, as observers, both Houses of
Congress, and with the participation of representatives from non-government organizations and
civil society groups shall formulate the implementing rules and regulations of the Magna Carta
of Women within one hundred eighty (180) days after its effectivity.

b. Republic Act No. 9262, Section 5 Rule No. 2 of the IRR

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence
against women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or restricting the woman's or her child's
freedom of movement or conduct by force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the woman or child. This shall include,
but not limited to, the following acts committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his
family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due
her or her family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or
common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child. This
shall include, but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's child/children.

c. Republic Act No. 9208, Section 3

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS

ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL
MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS,
PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER

Section 3. Definition of Terms. - As used in this Act:

(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or

receipt of persons with or without the victim's consent or knowledge, within or across national
borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the person, or,
the giving or receiving of payments or benefits to achieve the consent of a person having control
over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as "trafficking in persons" even if it does not involve any of
the means set forth in the preceding paragraph.

(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18)
but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.

(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person
by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any
other consideration.
(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by
means of enticement, violence, intimidation or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.

(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments
and individuals which consists of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists. This includes sexual services and practices offered
during rest and recreation periods for members of the military.

(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of

pornographic materials as a result of being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim's
vulnerability.

(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or
those of a person under his/her control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.

(h) Pornography - refers to any representation, through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, of a person engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes.

(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of
this Act.

d. Republic Act No. 8353, How rape is committed (paragraph 1 and 2)

“AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE
SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR THE
PURPOSES”

“Article 266-A. Rape: When And How Committed. – Rape is committed:”

1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise unconscious;  

c) By means of fraudulent machination or grave abuse of authority; and       

d) When the offended party is under twelve (12) years of  age or is demented, even though
none of the circumstances mentioned above be present.

2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of  sexual assault by inserting his penis into another person’s mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person.

e. Republic Act No.7610, Section 3

Sec. 3. Definition of Terms. –

(a) “Children” refers to person below eighteen (18) years of age or those over but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition;

(b) “Child abuse” refers to the maltreatment, whether habitual or not, of the child which includes
any of the following:
 
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
 
(c) “Circumstances which gravely threaten or endanger the survival and normal
development of children” include, but are not limited to, the following:
 
(1) Being in a community where there is armed conflict or being affected by armed conflict-
related activities;

(2) Working under conditions hazardous to life, safety and normal which unduly interfere with
their normal development;

(3) Living in or fending for themselves in the streets of urban or rural areas without the care of
parents or a guardian or basic services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or living under conditions of
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access
to basic services needed for a good quality of life;

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those above-stated which endanger the life, safety or normal
development of children.
 
(d) “Comprehensive program against child abuse, exploitation and discrimination” refers
to the coordinated program of services and facilities to protected children against:
 
(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal development of children.

f. Republic Act No. 9775, Section 3 (b)

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES

THEREFOR AND FOR OTHER PURPOSES

Section 3. Definition of Terms. –

(a) “Child” refers to a person below eighteen (18) years of age or over, but is unable to fully take
care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition.

For the purpose of this Act, a child shall also refer to:

(1) a person regardless of age who is presented, depicted or portrayed as a child as defined
herein; and

(2) computer-generated, digitally or manually crafted images or graphics of a person who is

represented or who is made to appear to be a child as defined herein.

(b) “Child pornography” refers to any representation, whether visual, audio, or written
combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of
child engaged or involved in real or simulated explicit sexual activities.

(c) “Explicit Sexual Activity” includes actual or simulated –

(1) As to form:

(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to
genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or
opposite sex;

(2) bestiality;

(3) masturbation;

(4) sadistic or masochistic abuse;

(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or

(6) use of any object or instrument for lascivious acts

(d) “Internet address” refers to a website, bulletin board service, internet chat room or news
group, or any other internet or shared network protocol address.

(e) “Internet cafe or kiosk” refers to an establishment that offers or proposes to offer services to
the public for the use of its computer/s or computer system for the purpose of accessing the
internet, computer games or related services.

(f) “Internet content host” refers to a person who hosts or who proposes to host internet content
in the Philippines.

(g) “Internet service provider (ISP)” refers to a person or entity that supplies or proposes to
supply, an internet carriage service to the public.

(h) “Grooming” refers to the act of preparing a child or someone who the offender believes to be
a child for sexual activity or sexual relationship by communicating any form of child
pornography. It includes online enticement or enticement through any other means.

(i) “Luring” refers to the act of communicating, by means of a computer system, with a child or
someone who the offender believes to be a child for the purpose of facilitating the commission
of sexual activity or production of any form of child pornography.(2) Bestiality;

(j) “Pandering” refers to the act of offering, advertising, promoting, representing or distributing
through any means any material or purported material that is intended to cause another to
believe that the material or purported material contains any form of child pornography,
regardless of the actual content of the material or purported material.
(k) “Person” refers to any natural or juridical entity.

g. Republic Act No. 9995, Section 4

AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES

Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:

(a) To take photo or video coverage of a person or group of persons performing sexual
act or any similar activity or to capture an image of the private area of a person/s such
as the naked or undergarment clad genitals, public area, buttocks or female breast
without the consent of the person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy;

(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or

recording of sexual act or any similar activity with or without consideration;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or

recording of sexual act, whether it be the original copy or reproduction thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or

broadcast media, or show or exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD, internet, cellular phones and other
similar means or device.

The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to
record or take photo or video coverage of the same was given by such person/s. Any person
who violates this provision shall be liable for photo or video voyeurism as defined herein.

h. Republic Act No. 9851, Chapter 1 Section 2; Chapter III Section 4 (c)

AN ACT DEFINING AND PENALIZING CRIMES AGAINST INTERNATIONAL

HUMANITARIAN LAW, GENOCIDE AND OTHER CRIMES AGAINST HUMANITY,
ORGANIZING JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR RELATED
PURPOSES

SEC. 2. Declaration of Principles and State Policies. –

(a) The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to a policy of
peace, equality, justice, freedom, cooperation and amity with all nations;

(b) The State values the dignity of every human person and guarantees full respect for human
rights, including the rights of indigenous cultural communities and other vulnerable groups, such
as women and children;

(c) It shall be the responsibility of the State and all other sectors concerned to resolve armed
conflict in order to promote the goal of “Children as Zones of Peace”;

(d) The State adopts the generally accepted principles of international law, including the Hague
Conventions of 1907, the Geneva Convention’s on the protection of victims of war and
international humanitarian law, as part of the law of our nation;

(e) The most serious crimes of concern to the international community as a whole must not go
unpunished and their effective prosecution must be ensured by taking measures at the national
level, in order to put an end to impunity for the perpetrators of these crimes and thus contribute
to the prevention of such crimes, it being the duty of every State to exercise its criminal
jurisdiction over those responsible for international crimes;

(f) The State shall guarantee persons suspected or accused of having committed grave crimes
under international law all rights necessary to ensure that their trial will be fair and prompt in
strict accordance with national and international law and standards for fair trial. It shall also
protect victims, witnesses and their families, and provide appropriate redress to victims and their
families. It shall ensure that the legal systems in place provide accessible and gender-sensitive
avenues of redress for victims of armed conflict; and

(g) The State recognizes that the application of the provisions of this Act shall not affect the
legal status of the parties to a conflict, nor give an implied recognition of the status of
belligerency.

Chapter 3 paragraph c

(c) Other serious violations of the laws and customs applicable in armed conflict, within the
established framework of international law, namely:

(1) Intentionally directing attacks against the civilian population as such or against individual
civilians not taking direct part in hostilities;

(2) Intentionally directing attacks against civilian objects, that is, objects which are not military
objectives;

(3) Intentionally directing attacks against buildings, material, medical units and transport, and
personnel using the distinctive emblems of the Geneva Conventions or Additional Protocol III in
conformity with international law;

(4) Intentionally directing attacks against personnel, installations, material, units or vehicles
involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter
of the United Nations, as long as they are entitled to the protection given to civilians or civilian
objects under the international law of armed conflict;

(5) Launching an attack in the knowledge that such attack will cause incidental loss of life or
injury to civilians or damage to civilian objects or widespread, long-term and severe damage to
the natural environment which would be excessive in relation to the concrete and direct military
advantage anticipated;

(6) Launching an attack against works or installations containing dangerous forces in the
knowledge that such attack will cause excessive loss of life, injury to civilians or damage to
civilian objects, and causing death or serious injury to body or health;

(7) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which
are undefended and which are not military objectives, or making non-defended localities or
demilitarized zones the object of attack;

(8) Killing or wounding a person in the knowledge that he/she is hors de combat, including a
combatant who, having laid down his/her arms or no longer having means of defense, has
surrendered at discretion;

(9) Making improper use of a flag of truce, of the flag or the military insignia and uniform of the
enemy or of the United Nations, as well as of the distinctive emblems of the Geneva
Conventions or other protective signs under International Humanitarian Law, resulting in death,
serious personal injury or capture;

(10) Intentionally directing attacks against buildings dedicated to religion, education, art, science
or charitable purposes, historic monuments, hospitals and places where the sick and wounded
are collected, provided they are not military objectives. In case of doubt whether such building
or place has been used to make an effective contribution to military action, it shall be presumed
not to be so used;

(11) Subjecting persons who are in the power of an adverse party to physical mutilation or to
medical or scientific experiments of any kind, or to removal of tissue or organs for
transplantation, which are neither justified by the medical, dental or hospital treatment of the
person concerned nor carried out in his/her interest, and which cause death to or seriously
endanger the health of such person or persons;

(12) Killing, wounding or capturing an adversary by resort to perfidy;

(13) Declaring that no quarter will be given;

(14) Destroying or seizing the enemy’s property unless such destruction or seizure is
imperatively demanded by the necessities of war;

(15) Pillaging a town or place, even when taken by assault;

(16) Ordering the displacement of the civilian population for reasons related to the conflict,
unless the security of the civilians involved or imperative military reasons so demand;

(17) Transferring, directly or indirectly, by the occupying power of parts of its own civilian
population into the territory it occupies, or the deportation or transfer of all or parts of the
population of the occupied territory within or outside this territory;

(18) Committing outrages upon personal dignity, in particular, humiliating and degrading
treatment;

(19) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva
Conventions or a serious violation of common Article 3 to the Geneva Conventions;

(20) Utilizing the presence of a civilian or other protected person to render certain points, areas
or military forces immune from military operations;

(21) Intentionally using starvation of civilians as a method of warfare by depriving them of

objects indispensable to their survival, including willfully impeding relief supplies as provided for
under the Geneva Conventions and their Additional Protocols;

(22) In an international armed conflict, compelling the nationals of the hostile party to take part
in the operations of war directed against their own country, even if they were in the belligerent’s
service before the commencement of the war;

(23) In an international armed conflict, declaring abolished, suspended or inadmissible in a court

of law the rights and actions of the nationals of the hostile party;

(24) Committing any of the following acts:

(i) Conscripting, enlisting or recruiting children under the age of fifteen (15) years into the
national armed forces;

(ii) Conscripting, enlisting or recruiting children under the age of eighteen (18) years into an
armed force or group other than the national armed forces; and

(iii) Using children under the age of eighteen (18) years to participate actively in hostilities; and

(25) Employing means of warfare which are prohibited under international law, such as:

(i) Poison or poisoned weapons;

(ii) Asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(iii) Bullets which expand or flatten easily in the human body, such as bullets with hard
envelopes which do not entirely cover the core or are pierced with incisions; and

(iv) Weapons, projectiles and material and methods of warfare which are of the nature to cause
superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of
the international law of armed conflict.

Any person found guilty of committing any of the acts specified herein shall suffer the penalty
provided under Section 7 of this Act.

i. Republic Act No. 9745, Section 2

Section 2. Statement of Policy. - It is hereby declared the policy of the State:

(a) To value the dignity of every human person and guarantee full respect for human
rights;

(b) To ensure that the human rights of all persons, including suspects, detainees and
prisoners are respected at all times; and that no person placed under investigation or
held in custody of any person in authority or, agent of a person authority shall be
subjected to physical, psychological or mental harm, force, violence, threat or
intimidation or any act that impairs his/her free wi11 or in any manner demeans or
degrades human dignity;

(c) To ensure that secret detention places, solitary, incommunicado or other similar
forms of detention, where torture may be carried out with impunity, are prohibited; and

(d) To fully adhere to the principles and standards on the absolute condemnation and
prohibition of torture as provided for in the 1987 Philippine Constitution; various
international instruments to which the Philippines is a State party such as, but not limited
to, the International Covenant on Civil and Political Rights (ICCPR), the Convention on
the Rights of the Child (CRC), the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDA W) and the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and all other
relevant international human rights instruments to which the Philippines is a signatory.

j. Republic Act Noct No. 9262, Section 5 Rule No. 2 of the IRR

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING

FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE,
AND FOR OTHER PURPOSES

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence
against women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s
freedom of movement or conduct by force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the woman or child. This shall include,
but not limited to, the following acts committed with the purpose or effect of controlling or
restricting the woman’s or her child’s movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his
family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due
her or her family, or deliberately providing the woman’s children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or
activity or controlling the victim’s own mon4ey or properties, or solely controlling the conjugal or
common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child. This
shall include, but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman’s child/children.

Conclusion

Violence against women and girls undermines the health, dignity, security and autonomy of its
victims, yet it remains shrouded in a culture of silence. It is a serious violation of human rights
and a life-threatening health and protection issue. It is estimated that one in three women will
experience sexual or physical violence in their lifetime. There is no single factor that can explain
gender-based violence in our societies, but rather a myriad of factors contribute to it, and the
interplay of these factors lies at the root of the problem.

Reference

UNHCR. Gender-based Violence https://www.unhcr.org/gender-based-

violence.html#:~:text=Gender%2DBased%20violence%20refers%20to,threatening%20health
%20and%20protection%20issue.
EIGE What is gender-based violence? https://eige.europa.eu/gender-based-violence/what-is-
gender-based-violence

Ott, M. (2021) Gender-based violence (GBV) includes physical, sexual, verbal, emotional, and
psychological abuse, threats, coercion, and economic or educational deprivation.
https://www.womenforwomen.org/blogs/series-what-does-mean-gender-based-violence

Foundation for Media Alternatives (FMA) (2021) Online Gender-based Violence in the
Philippines | Our Year-end Round-up Report. https://fma.ph/2021/02/19/online-gender-based-
violence-in-the-philippines-our-year-end-round-up-report/

UNFPA Gender-Based Violence Prevention and Response

https://philippines.unfpa.org/en/node/15307

Dela Peña, K. (2021) Gender-based violence: A disease more pervasive than COVID.
https://newsinfo.inquirer.net/1528546/gender-based-violence-a-disease-more-pervasive-than-
covid

PCW. Republic Act 9710: Magna Carta of Women

https://pcw.gov.ph/republic-act-9710-magna-carta-of-women/

Republic Act No. 9262, Section 5 Rule No. 2 of the IRR.

https://www.lawphil.net/statutes/repacts/ra2004/ra_9262_2004.html

Republic Act No. 9208, Section 3.

https://www.lawphil.net/statutes/repacts/ra2003/ra_9208_2003.html

Republic Act No. 8353, How rape is committed (paragraph 1 and 2) https://pcw.gov.ph/republic-
act-8353-the-anti-rape-law-of-1997/#:~:text=Rape%3A%20When%20And%20How
%20Committed.%20%E2%80%93&text=2)%20By%20any%20person%20who,anal%20orifice
%20of%20another%20person.

Republic Act No.7610, Section 3 https://lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html

Republic Act No. 9775, Section 3 (b). https://www.officialgazette.gov.ph/2009/11/17/republic-
act-no-9775-s-2009/#:~:text=Section%203.&text=(b)%20%E2%80%9CChild%20pornography
%E2%80%9D,or%20simulated%20explicit%20sexual%20activities.

Republic Act No. 9995, Section 4

https://www.lawphil.net/statutes/repacts/ra2010/ra_9995_2010.html

Republic Act No. 9851, Chapter 1 Section 2; Chapter III Section 4 (c)
https://www.officialgazette.gov.ph/2009/12/11/republic-act-no-9851/

Republic Act No. 9745, Section 2

https://www.lawphil.net/statutes/repacts/ra2009/ra_9745_2009.html

Republic Act No 9262, Section 5 Rule No. 2 of the IRR.

https://www.lawphil.net/statutes/repacts/ra2004/ra_9262_2004.html