Group 4

STATUTORY LAW:
- [In the Philippines, statutory law includes constitutions, treaties, statutes proper
or legislative enactments, municipal charters, municipal legislation, court rules,
administrative rules and orders, legislative rules and presidential issuance.]

● 1987 Constitution, Article 2, Section 14,

● RA 9262
● RA 9710 The Magna Carta of Women
● RA 10364 Anti Trafficking Act
● RA 7877 Anti Sexual Harassment Act
● RA 11313 Safe Spaces Act
● Ra 6955 Anti Mail Order Bride Law
● RA 8353 Anti Rape Law of 1997
● RA 8505 Rape Victims Assistance and Protection Act of 1998
● RA 9208 Anti Trafficking in Persons Act
● RA 3815 Article 245 of the RPC
● RA 11648
● RA 6725
● PPGRD through EO 273
● RA 8369 The Family Courts Act of 1997
● PDPW through EO 348
● Framework Plan for Women 2001-2004

Economic and Psychological Violence Against Women

"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 victim's own money or properties or solely controlling the conjugal
money or properties.

"Psychological violence" refers to acts or omissions causing or likely to cause mental

or emotional suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
marital infidelity. It includes causing or allowing the victim to witness the physical, sexual
or psychological abuse of a member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children.

1. 1987 CONSTITUTION - ARTICLE II, 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. (The 1987 Constitution,
[February 2, 1987])

The protection of the human rights of all Filipinos is contained in the Philippine Constitution.
Among its salient provisions is Article II, Section 14 which provides that “state recognizes the
role of women in nation building and shall ensure the fundamental equality before the law of
women and men.”

LINK:
https://cdasiaonline.com/laws/26887?s_params=fFwSv7KyBg-Z7ZSNM2Az

2. REPUBLIC ACT NO. 9262 (Anti-Violence Against Women and Their Children
Act of 2004)

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,

PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES.

The law defines violence against women and their children as a public crime. It provides for the
security of the woman-complainant and her children through the availment of the barangay,
temporary of permanent protection orders. It also identifies the duties of barangay officials, law
enforcers, prosecutors, court personnel, social welfare and health care providers and the LGUs
to provide the necessary protection and support of VAWC victims.

The Anti-Violence Against Women and their Children Act of 2004 is in keeping with the
fundamental freedoms guaranteed under the Constitution, the Universal Declaration of Human
Rights, the Convention on the Elimination of all Forms of Discrimination Against Women,
Convention on the Rights of the Child, and other international human rights instruments which
the Philippines is a party. The forms of VAW addressed are physical, sexual and psychological
abuse.

LINK: https://cdasiaonline.com/laws/10497?s_params=sgAL6nrBsrAQ3SCz2sxT
 3. REPUBLIC ACT NO. 9710 (The Magna Carta of Women) - AN ACT
PROVIDING FOR THE MAGNA CARTA OF WOMEN

SECTION 5. The State as the Primary Duty-Bearer. — The State, as the primary
duty-bearer, shall:
(a) Refrain from discriminating against women and violating their rights;
(b) Protect women against discrimination and from violation of their
rights by private corporations, entities, and individuals; and
(c) Promote and fulfill the rights of women in all spheres, including their
rights to substantive equality and non-discrimination.
||| (The Magna Carta of Women, Republic Act No. 9710, [August 14, 2009])

LINK: https://cdasiaonline.com/laws/30178?s_params=sgAL6nrBsrAQ3SCz2sxT

4. ACT NO. 3815 (The Revised Penal Code)

Article 245 of the Revised Penal Code (Republic Act 3815) – The law provides that
abuse against chastity is committed by any public officer who shall solicit or make
immoral advances to a woman interested in matters pending before such office for
decision, or with respect to which he is required to submit a report to or consult with a
superior officer; or by any warden or other public officer directly charged with the care
and custody of prisoners or persons under arrest who shall solicit or make immoral or
indecent advances to a woman under his custody. A penalty of prison correctional in its
medium and maximum periods and temporary special disqualification shall be imposed
on the offender.
LINK: https://cdasiaonline.com/laws/1268?s_params=2cc8Bw65esCwLjv39KDs

5. REPUBLIC ACT NO. 8353 (The Anti-Rape Law of 1997)

REVISED PENAL CODE CHAPTER 3 - RAPE

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;
xxx

This law amended the provisions on Rape in the Revised Penal Code. It is notable for
its gender perspective in the law and in the process of law making. Legislators,
women’s human rights advocates and organizations were involved in a participatory
process which led to a progressive quality of the laws on VAW starting 1997, and the
use of UN Conventions as the basis for the state policies in these laws. The role of
women’s rights organizations 1 2 was notable in the passage of Republic Act No. 8353
and other laws addressing VAW that followed.

LINK: https://www.officialgazette.gov.ph/1997/09/30/republic-act-no-8353/

6. REPUBLIC ACT NO. 7877 (Anti-Sexual Harassment Act of 1995)

SEC. 2. Declaration of Policy. – The State shall value the dignity of every individual, enhance the
development of its human resources, guarantee respect for human rights, and uphold the dignity of
workers, employees, applicants for employment, students or those undergoing training, instruction or
education. Towards this end, all forms of sexual harassment in the employment, education or training
environment are hereby declared unlawful.

The law makes incidents involving unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct of sexual nature, made directly or indirectly in
the employment, education or training environment unlawful. Sexual harassment is
about abusing power relations- using one’s power to extract sexual favors.

LINK: https://www.officialgazette.gov.ph/1995/02/14/republic-act-no-7877/

7. REPUBLIC ACT NO. 8505 (RAPE VICTIMS ASSISTANCE ACT)

After the Anti-Rape Act of 1997, Republic Act No. 8505 was passed which provides for
assistance and protection for rape victims, and mandates the establishment of a rape
crisis center in every province or city. These centers should provide psychological
counseling, medical services, free legal assistance, ensure privacy of victims, outlines
the duties of the police, and mandates training programs on human rights and gender
sensitivity of medico-legal officers, social workers, barangay (village) offic ials, law
enforcers, public prosecutors and lawyers.

The rape shield rule is provided for in Section 6 of this law which provides that, past
sexual conduct, opinion thereof or reputation of the complainant may not be asked,
although it may still be allowed by the judge if it is relevant. The major problem with this
law is the lack of funds of local government units (provinces, cities and municipalities),
which are tasked with putting up rape crisis centers with trained personnel.

8. REPUBLIC ACT NO. 6955 (AN ACT DECLARING UNLAWFUL MATCHING OF

FILIPINO MAIL ORDER BRIDES TO FOREIGNERS)

This law penalizes the matching of Filipino women for marriage to foreigners by “mail
order.” It penalizes the business of matching Filipino women for marriage to foreign
national either through personal introduction as well as through advertisement,
publication, printing or distribution of brochure and flyers, through membership in clubs
created for matching Filipinas to foreign nationals and, through the use of the postal
service. The penalty is imprisonment of not less than six years and one day but not
more than eight years and a fine, and if the offender is a foreigner he shall be deported
and forever barred from entering the country after serving his or her sentence.

LINK: https://www.officialgazette.gov.ph/1990/06/13/republic-act-no-6955/

9. REPUBLIC ACT 9208 (ANTI TRAFFICKING IN PERSONS ACT OF 2003)

The law defines trafficking in person in terms of the acts, means and purposes of
trafficking. The trafficked person is considered as a victim thus, she/he should be
provided protection and support and services by the State. Government agencies are
mandated to provide services to the trafficked persons at the international, national, and
local levels for his/her early recovery and reintegration.

LINK: https://www.officialgazette.gov.ph/2003/05/26/republic-act-no-9208-s-2003/

10. REPUBLIC ACT NO. 10364 (Expanded Anti-Trafficking in Persons Act of 2012)

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED “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 PURPOSES
LINK: https://www.officialgazette.gov.ph/2013/02/06/republic-act-no-10364/

11. REPUBLIC ACT No. 11313 (Safe Spaces Act)

An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces,
and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties
Therefor.
LINK: https://lawphil.net/statutes/repacts/ra2019/ra_11313_2019.html

12. Philippine Development Plan for Women through EO 348

The Philippines has adopted several National Plans to address VAW starting with the
Philippine Development Plan for Women (PDPW), 1989-1992, which was approved and
adopted on February 17, 1989 through Executive Order 348. Chapter 12 of the PDPW
specifically identifies programs and projects to address the following forms of VAW:
domestic violence, rape, sexual harrassment, pornography, white slavery/prostitution,
military rapes and sexual abuses and medical abuse (including unnecessary abortion
and caesareans).
LINK: https://www.officialgazette.gov.ph/1989/02/17/executive-order-no-348-s-1989/

13. Philippined Plan for Gender-Responsive Development through EO 273

The PDPW was succeeded by the Philippine Plan for Gender-Responsive Development
(1995-2025) signed on September 8, 1995 through Executive Order 273 by then
president Fidel V. Ramos. The PPGD carries the long-term vision of women’s
empowerment and gender equality and translates the Beijing Platform for action into
policies and strategies and programs and project for Filipino Women.

It includes a chapter (Chapter 19) on VAW which identifies, among others, the following
common forms of VAW: domestic violence, marital rape, incest, reproductive rights
violations, rape, sexual harrasment, sex discrimination, lesbophobia/homophobia,
medical abuse, abuse of women with physical or mental disabilities, culture-bound
practices harmful to women, ritual abuse within religious cults, sexual slavery,
prostitution and international trafficking of women, pornography and abuse of women in
media, abuse of women in internal refugee or relocation camps, and custodial abuse.

LINK: https://www.officialgazette.gov.ph/1995/09/08/executive-order-no-273-s-1995/

14. Framework Plan for Women (FPW) 2001-2004

EXECUTIVE ORDER NO. 77 - APPROVING AND ADOPTING THE FRAMEWORK PLAN

FOR WOMEN [2001-2004] AND INTENSIFYING THE IMPLEMENTATION OF THE 5%
BUDGET PROVISION FOR GENDER AND DEVELOPMENT PROGRAMS AND PROJECTS

The FPW is a time-slice of the PPGD and it was prepared by the NCRFW in
collaboration with partner government agencies in 2001. Following the direct
instructions from President Gloria Macapagal-Arroyo, FPW concretizes the priority goals
of government towards the advancement of women. The development of the FPW was
guided by the PPGD and the BPFA framework. It adopts the gender and development
approach which recognizes that the unequal gender relations between Filipino women
and men impede the pursuit of national development goals. The FPW acknowledges
the inter-relationship of VAW, reproductive health, and human rights and reflects this in
its commitment to addressing the “structural roots of gender gaps”. The FPW
emphasizes human rights and situates VAW in its goal to promote women’s human
rights committing to protect and advance women’s human rights through strengthened
service and justice delivery system for survivors of VAW and an information, education
campaign on women’s rights. The FPW outlines its thrusts along three areas of
concern: Women’s Human Rights, Women’s Economic Empowerment, and Gender-
Responsive Governance.
LINK: https://www.officialgazette.gov.ph/2002/03/06/executive-order-no-77-s-2002/