GEN. ED.

COLEGIO DE SAN ANTONIO DE PADUA

Supervised by the Lasallian Schools Supervision Office
Ramon M. Durano Foundation Compound,
Guinsay, Danao City, Cebu
Tel. No. (032) 344-4709

COLLEGE OF ARTS & SCIENCES

Gender and Society: A Human

Ecological Approach
Module 3 (Semifinals)
2nd Semester S.Y. 2021-2022

Student’s Name: ________________________________________________________ (2 pts.)

(Last Name, First Name & M. I.)
Degree Program, Year & Section: __________________________________________ (2 pts.)

Instructor’s Name: ______________________________________________________ (2 pts.)

 Module Page No.
LEARNING CONTENT 1
Lesson 1 – Gender-based Violence: Survivor, Victim, Perpetrator &
Human Rights
Lesson 2 – Gender-based Violence: Power, Use of Force & Consent
Lesson 3 – Women and the Law
Lesson 4 – Laws and Policies on Violence & Discrimination of the
Members of LGBTQ+
Lesson 5 – Discrimination on the Basis of “SOJIE” in the Philippines
Lesson 6 – Understanding Sexual Harassment
Lesson 7 – Women’s Issues in Development
Lesson 8 – Gender Inequality in Marriage and Criminal Laws
Lesson 9 – Critique on RA No. 10354

LEARNING ACTIVITIES 25

Learning Objectives
At the end of the Semi-final Module, at least 85% of the college students can:
 Understand the definition of gender-based violence, other related terms, and
its forms and consequences;
 Determine the relationship between human rights and gender-based
violence;
 Understand that the term “violence” in the context of GBV means using
some type of force, which may or may not include physical force;
 Identify the various rights of women;
 Determine the various Philippine Laws and policies for protection of rights
of members of LGBTQ+
 Formulate activities and programs to address these human rights violations
and discrimination on the basis of SOGIE
 Distinguish the various theoretical perspectives on Sexual Harassment from
each other
 Understand fully the principle, model and concept of WID, WAD and GAD;
 Assess provisions on the proposed same-sex marriage legislations;
 Have a stand/position on whether he/she agrees/disagrees on the existence
and legality of the said law.
Values Integration
 Critique on the diversity of human sexuality.
CSAP Core Values
 Integrity
 Lesson 1 – Gender-Based Violence: Survivor, Victim, Perpetrator
and Human Rights

Definition of Terms:
 Gender based violence - any harmful act that is perpetrated against a persons
will and that is based on socially ascribed (gender) differences between
males and females (Inter agency Standing Committee Guidelines for
Integrating Gender based Violence in Interventions in Humanitarian Action
2015).

CONSEQUENCES OF GENDER-BASED VIOLENCE

These consequences include serious, immediate, and long-term impacts on
the sexual, physical, and psychological health of survivors.
Health consequences include unwanted pregnancies, complications from
unsafe abortions, sexually transmitted infections including HIV, injuries, mental
health, and psychosocial effects (depression, anxiety, post-traumatic stress, suicide
and death). Violence also affects children's survival, development, and school
participation.
Social consequences extend to families and communities. Families can also
be stigmatized as a consequence of gender based violence. For example, when
children are born following a rape, or if family members choose to stand by a
survivor, fellow members of their community may avoid them.
Economic consequences include the cost of public health and social welfare
systems and the reduced ability of many survivors to participate in social and
economic life. (World Health Organization, Global and Regional Estimates of
Violence against Women 2013, http://bit. ly/1o TRGVG)

SURVIVOR, VICTIM, AND PERPETRATOR

Survivor is the preferred term (not a "victim") of a person who has lived
through an incident of gender-based violence. A perpetrator is a person, group, or
institution that inflicts, supports, or condones violence or other abuse against a
person or group of persons. Characteristics of perpetrators include:
a. persons with real or perceived power:
b. persons in decision-making positions; and
c. persons in authority

In all incidents of GBV, there is always a survivor/victim and a perpetrator.

Therefore, all actions in the prevention and responses to GBV need to address both
the survivor and the perpetrator.

Remember: The words we use communicate a message to people who are

listening Survivor is the preferred term for those who have lived through a GBV
incident. A perpetrator is a person who commits an act of GBV. There might be
only one perpetrator, or there might be more. In any act of GBV, there is a survivor
and a perpetrator. All actions in prevention must address potential survivors and
potential perpetrators. Also, all actions in response need to address both the
survivor and the perpetrator.

Human Rights

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 Human rights are universal, inalienable, indivisible, interconnected, and
interdependent. Everyone is entitled to all the rights and freedoms without
distinction of any kind, such as race, color, sex, language, religion, political or
other opinion, national or social origin, property, birth, or other status.
Prevention of and response to gender-based violence is directly linked to the
protection of human rights. Acts of gender-based violence violate a number of
human rights principles enshrined in international human rights instruments and in
our Philippine Constitution.
These include the following amongst others:
 the right to life, liberty, and property of persons;
 the right to the highest attainable standard of physical and mental health;
 the right to freedom from torture or cruel, inhuman, or degrading treatment
or punishment;
 the right to freedom of opinion and expression and to education;
- (UNFPA 2014)

Lesson 2 – Gender-Based Violence: Power, Use of Force and Consent

POWER
Perpetrators can have "real" or "perceived" power. Some examples of
different types of power and powerful people are the following:
 social-peer pressure, bullying, leader, teacher, parents;
 economic-the perpetrator controls money or access to goods/services/money
favors; sometimes the husband or the father;
 political-elected leaders, discriminatory laws, President of the United States;
 physical-strength, size, use of weapons, controlling access or security,
soldiers, police, robbers, gangs;
 gender-based (social)-males are usually in a more powerful position than
females; and
 age-related-often, the young and elderly people have the least power.

Power is directly related to choice. The more power one has, there are more
choices available. The less power one has, fewer choices are available.
Unempowered people have fewer choices and are therefore, more vulnerable to
abuse. GBV involves the abuse of power. Unequal power relationships are
exploited or abused.

USE OF FORCE/VIOLENCE
"Force" might be physical, emotional, social, or economic in nature. It may
also involve coercion or pressure. Force also includes intimidation, threats,
persecution, or other forms of psychological or social pressure. The target of such
violence is compelled to behave as expected or to do what is being requested, for
fear of real and harmful consequences.

Violence consists of the use of physical force or other means of coercion

such as threat, inducement, or promise of a benefit to obtain something from a
weaker or more vulnerable person. Using violence involves forcing someone to do
something against her/his will use force.

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INFORMED CONSENT
Consent means saying "yes", agreeing to something. Informed consent
means making an informed choice freely and voluntarily by persons in an equal
power relationship.
Acts of GBV occur without informed consent Even if she says "yes", this is
not true consent because it was said under duress-the perpetrator(s) used some kind
of force to get her to say yes. Children (under age 18) are deemed unable to give
informed consent for acts such as female genital cutting (FGC), marriage, sexual
relations, etc.

CYCLE OF VIOLENCE
The cycle of violence refers to repeated acts of violence in a relationship. It
starts with minor incidents and moves on to more serious levels of violence. The
cycle of violence may start in a child who is a victim or witness to violence and
may be repeated when the child becomes an adult.
The impact of being a victim or a witness to violence on a child is traumatic.
It can make a child scared, unhappy, lonely, lose self-confidence, blame
themselves, lose sleep, and pick up fights with peers.
Children should understand that having conflicts is alright, but resolving
conflict through violence is not right.
When children understand that violence is not acceptable, they will grow up
into adults who respect other people.
Lesson 3 – Women and the Law
Various Laws Promoting Gender Equality
The legal framework provided for by the 1987 Constitution resulted to
various legislations promoting gender equality. These legislations include the
following:
 Local Government Code of 1991. Provides for the election of sectoral
representation, including women, in local legislative councils.
 Party List Law. Provides for the creation of women-oriented or women-
based parties to compete under the party-list system. Women are one of the
nine sectors identified in the law.
 Labor Code (1989). Covers issues, such as night work prohibition, specifies
that employers must provide special facilities for women, prohibition of
discrimination against women in respect to terms and conditions of
employment, and prohibition of discrimination by reason of marriage of a
woman worker.
 Women in Nation Building Law. Republic Act 7192 (1991) is an act
promoting the integration of women as full and equal partners of men in
development and nation-building. The law provides that a substantial portion
of government resources be utilized to support programs and activities for
women. The law also encourages the full participation and involvement of
women in the development process and to remove gender bias in all
government regulations and procedures.
In relation to gender budgeting, the law specifically mandated all agencies to
allocate a minimum of 5%, increasing to 30%, of all official development funds in
mainstreaming gender concerns.

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  1988 Comprehensive Agrarian Reform Law. Gave Filipino women the
right to own land that previously reverted to sons and other male family
members. Republic Act 7688 (1994). An act giving representation to women
in social security commission.
 Anti-Sexual Harassment Law - RA 7877 (1995). An act declaring sexual
harassment to be unlawful in the employment, education, or training
environment.
 Republic Act 7822 (1995). An act providing assistance to women engaging
in micro and cottage business enterprises.
 Republic Act 8353 (1997). An act expanding the definition of the crime of
rape, reclassifying the same as a crime against persons.

These laws not only promote gender equality, but also give protection to
women’s rights and enhance women empowerment.

The laws listed above should always be remembered since these are the very
basic laws on women's rights and women empowerment Women's rights and
women empowerment are very important to the Philippine society as this ensures
inclusive growth and development of our country.

National Programs
Based on the Philippine laws stated, a myriad of projects, initiatives, and
processes on gender challenge arose. This includes the following:

 Philippine Plan for Gender Responsive Development (1995-2025). The

National Plan for Women that consolidates the action commitments of the
Philippines during the Beijing World Conference on Women. This is the
overall frame that is also the point of reference for the discussions and
monitoring of gender mainstreaming.
 Gender and Development Budget (GAD). Integral to the national plan, it
is aimed at “institutionalizing gender concerns in the mainstream
development process and agenda and not just peripheral programs and
projects of the government”. Concretely, it prescribes for the allocation of
5% of the government agency/local government unit's budget on gender-
responsive activities and projects. As a result implementation of the
development programs and policies of government also means women
partaking a role in governance. As primarily stakeholders in the
development process, women have the right to maximize their involvement
in governance, be it at the local or national level.
 Framework Plan for Women (FPW). This is part of the Philippine Plan for
Women developed to focus on three thrusts, namely, promoting women's
economic empowerment advance and protect women human rights, and
promote gender responsive governance. This plan identifies the concrete
gender issues that will be addressed, pinpoint targets and indicators, name
programs, formulates the implementation plan, and set-up tools for
monitoring and evaluation.

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Women's Right to Participate
Women's right to vote was granted in 1937. The Constitution of 1935
stipulated that the right of suffrage would be extended to women, only if 300,000
women voted in its favor during a national plebiscite. This consolidated the
emerging women's movement and brought to the fore the activism of such women
as Concepcion Felix de Calderon who formed the Asociacion Feminista Filipina in
June 1905, Rosa Sevilla de Alvero and a young Trinidad Almeda, Miss Constancia
Poblete, founder of Liga Femenina de la Paz, Pura Villanueva Kalaw and Paz
Mendoza Guazon, Pilar Hidalgo Lim, President of the National Federation of
Women's Clubs and Josefa Llanes Escoda, president of the Girl Scouts of the
Philippines (Ugnayan ng Kababaihan sa Pulitika 1998).
The General Council of Women was then established in Manila to direct the
plebiscite campaign. Its aim was to draw the support of the broadest number of
women. As it turned out, 447.725 women voted yes in the 1937 plebiscite.
Interestingly, 44307 women voted against the provision. What followed was a
colorful history of women's foray into the various levels of electoral victories, but
generally pushed by familial affiliation and elite association.
At present, women's right to vote and participate are maintained and further
protected by existing laws at hand.

Women's Involvement in Civil Society

Women's expressions of involvement in civil society could be through
organizing along gender-specific issues and formation of all-women groups within
broad coalitions as power-enhancing mechanisms. Grou such as the PILIPINA
feminist movement, the militant GABRIELA women's group, the Ugnayan ng
Kababaihan sa Pulitika (UKP- Network of Women in Politics), the KILOS
KABARO (Act Sisters Coalition), and SIBOL Legislative Network have trail
blazed women advocacies both in policies and in legislations.
There also exist a so-called "Philippine NGO Beijing Score Board" which
evolved from the National Steering Committee (NSC) of NGOs for the United
Nations Fourth World Conference on Women, and this lead in the national
monitoring of the government's implementation of the Beijing Platform for Action.
Along with other women groups and gender-oriented institutions, they have
succeeded in raising gender-specific issues such as domestic violence, prostitution,
reproductive health, sexual harassment and rape. Intense lobbying efforts by the
women's groups resulted in the passage of several landmark laws, among them is
the anti-sexual harassment law in 1995 and the anti-rape act in 1997. The gains of
the women's movement are basically achieved through various partnerships with
the rest of the civil society.
The Philippine educational system is a combination of public and private
institutions with the State providing free education for elementary and secondary
levels. The Constitution provides that without limiting the natural rights of parents
to rear their children, elementary education is compulsory for all children of school
age... (Article VIX, Section 2).
There is no general discrimination of girls in education, thus, there is no
marked differences existing in the educational status of Filipino women and men.
One glaring issue is the gender stereotyping of fields of study and specialization
and its onward translation into the world of work where men generally occupy the
highest occupational ranks and the highest paying positions.
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 Women's larger responsibility for housework and for the family impedes
their ability to use their educational training and skills for remunerative work.
The topics previously discussed are always timely, relevant, and part and
parcel of the daily lives of the Filipinos. These only show the degree of importance
that must be given to these topics.

Definition of Terms:
 Protection Orders - orders issued by the Barangay or the Courts distancing
the perpetrator from the victim and vice versa for reasons provided for by
the law.
 Public Crime - nature of a crime wherein it is considered to be an affront to
the society, allowing anyone who has personal knowledge to file a case for
VAWC.

The Republic Act 9262, or the Anti-Violence against Women and their
Children (Anti VAWC) Act of 2004, is a result of the strong advocacies on
women's human rights in the country. This law was deemed to be a significant
victory for all Filipino women as it was based on the right of women not to suffer
abuse, discrimination, and violence in their respective relationships.

Important features of the law include:

1. four kinds of violence against women and children are defined-the law
defined four kinds of violence – physical, psychological, sexual, and
economic-in its effort to encompass all types of abuses inflicted to women
and their children;
2. VAWC is a public crime – the crime is perpetrated not only against a single
individual, but against the entire society, thus, anyone who has personal
knowledge of the abuse, violence, or discrimination can file a complaint;
3. protection orders can be issued against the perpetrator-upon filing the case,
the victim-survivor or anyone who personal knowledge can apply for a
protection order to enforce distance between her and the perpetrator; and
4. stronger community mechanisms to respond to cases-various government
agencies are mandated to aptly respond or formulate mechanisms to respond
to reported cases of VAWC immediately.

Protection Orders
A protection order under the Anti-VAWC Law is defined as:
“…. an order issued…. for the purpose of preventing further acts of violence
against a woman and her child specified in Section of this Act and granting other
necessary relief. The relief granted under a protection order should serve the
purpose of safeguarding the victim, minimizing any disruption in the victim’s daily
life, and facilitating the opportunity and ability of the victim to independently gain
control of her life.”
The law enumerates the following reliefs that may be availed of through a
protection order:
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 1. prohibition of the respondent (perpetrator) from threatening to commit or
committing personally or through another, any of the acts penalized by the
Anti-VAWC law;
2. prohibition of the respondent from harassing. annoying, telephoning,
contacting, or otherwise, communicating with the petitioner (victim-
survivor) directly or indirectly;
3. removal and exclusion of the respondent from the residence of the petitioner
whether temporarily or permanently;
4. directing the respondent to stay away from the petitioner and any designated
family or household member at a distance specified by the court;
5. directing lawful possession and use by the petitioner of an automobile and
other personal effects regardless of ownership;
6. granting temporary or permanent custody of a child/children to the
petitioner;
7. directing the respondent to provide support to the woman and/or her child if
entitled to legal support;
8. prohibition of the respondent from any use or possession of any firearm or
deadly weapon and order him to surrender the same, including revocation of
license and disqualification to apply for any license to use or possess a
firearm;
9. restitution for actual damages caused by violence inflicted including
property damage, medical expenses, and loss of income;
10. directing the Department of Social Welfare and Development (DSWD) or
any appropriate agency to provide temporary shelter and other social
services that the petitioner may need; and
11. provision of other forms of relief as may be necessary to protect and
provide for the safety of the petitioner

Rights of Victim-Survivors of VAWC Cases

RA 9262 specified the following as rights of the victim-survivors;
“Section 35. Rights of Victims-In addition to their rights under existing
laws, victims of violence against women and their children shall have the
following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance from the Public Attorney's Office and the
Department of Justice or any public legal assistance office;
(c) to be entitled to support services from the DSWD and the LGUs (local
government units);
(d) to be entitled to all legal remedies and support as provided for under the
Family Code; and
(e) to be informed of their right to apply for a protection order."

The right to privacy of the victim is also provided in the law, and its violation is
punishable by imprisonment and fine.

Duties of National and Local Government Offices

Section 39 of RA 9262 provides for the creation of the Inter Agency Council
on Violence against Women and their Children (IAC VAWC), which shall

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formulate gender-sensitive programs and projects according to their respective
agency mandates, including capability building programs for their employees.

The IAC VAWC consists of the following agencies: DSWD National

Commission on the Role of Filipino Women, Civil Service Commission,
Commission on Human Rights, Council for the Welfare of Children, Department
of Justice, Department of Interior and Local Government, Philippine National
Police, Department of Health, Department of Education, Department of Labor and
Employment, and National Bureau of Investigation.

The implementing rules and regulations of the Anti-VAWC Act state the
following duties and responsibilities of LGUs or the Barangay in addressing
VAWC cases, apart from the issuances of Barangay Protection Orders:

“Section 47. Duties and Functions of Barangay Officials-In order to

eliminate violence against women and their children, barangay officials shall:

(a) undertake an education program on Republic Act No. 9262 and on

violence against women and their children and why it exists, the rights and
remedies of victim- survivors, and the duties of residents and all barangay officials;
(b) have a family violence prevention program, including peer counselling
for men;
(c) support organizing efforts and development programs for women in the
community;
(d) prioritize livelihood projects for victim-survivors:
(e) involve women in planning and implementation of all programs and
projects in the barangay
(1) have an Anti-VAWC desk officer in the barangay who shall coordinate a
one-stop help desk. As much as possible, this help desk shall be open for 24 hours;
(g) ensure that all barangay officials, barangay health workers, barangay
nutrition scholars, other barangay workers, and tanod or barangay security officers
undergo gender sensitivity seminars to enable them to respond to victims of
violence;
(h) develop a system to document and report cases of VAWC and assistance
program to victims thereof; and
(i) if applicable / necessary, prescribe additional guidelines and standards
provided that these are consistent with the Act.
The roles of the National and Local Government Units are valuable in the
implementation of the VAWC Act. You will realize whether the specific Barangay
interviewed was fulfilling its duties in accordance to law.

ACTUAL CASES
The Supreme Court of the Philippines ruled on several cases involving
violations of the Anti-VAWC Act or RA 9262.

CASE 1 (Dinamling vs CA, GR 199522, June 22, 2015)

Ricky Dinamling, a policeman, was in a five-year relationship with AAA.
They had two common children, aged four and two. One night, he went to AAA's
boarding house with a friend after a drinking session. As AAA was putting the
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children to bed, he started to evict her for the reason that she was using the place as
a "whore house" wherein she brought her partners." She did not want to leave, but
he threw a baby's feeding bottle outside. She went to BBB's house and requested to
fetch her children. However, Dinamling already left the boarding house with the
older child and only the baby was left.
In the past, he would hit AAA's head, pull her hair and kick her. When AAA
went to the police, she was merely told that it was a family problem that could be
talked over.
Six (6) days after the incident, AAA was at CCC's house when Dinamling
arrived. He shouted and counted down for AAA to come out. When she came out,
Dinamling punched her at the left ear, which subsequently bled. When AAA asked
him why he kept on following her when she already had left him, Dinamling
shouted her family name and told her she was "good-for-nothing." AAA left for the
barangay captain's house, but Dinamling caught up with her and kicked her until
she fell to the ground. On the road, Dinamling pulled down AAA's pants panty and
shouted at her while people looked on. Dinamling then, threw the pants and panty
back at AAA and shouted her family name. Dinamling, then intoxicated, left on a
motorcycle. AAA stayed at her friend's home until she felt some back pain in the
next morning. She found out she was bleeding and about to miscarry so she was
immediately brought to the hospital. There, she was told that she was 19 weeks
pregnant and had an incomplete abortion. She was hospitalized for four days.
Dinamling visited her but showed no remorse over his acts. Dinamling was
charged for violations RA No. 9262.

CASE 2 (Ang vs CA and Sagud; GR 182835, April 20, 2010)

After receiving from the accused Rustan via multimedia message service
(MMS), a picture of a naked woman with her face superimposed on the figure.
Complainant filed an action against said accused for violation of the VAWC Act or
Republic Act (R.A.) 9262.
The sender's cell phone number, stated in the message, was 0921-8084768,
one of the numbers that Rustan used. Irish surmised that he copied the picture of
her face from a shot he took when they were in Baguio in 2003. The accused said
to have boasted that it would be easy for him to create similarly scandalous
pictures of her and threatened to spread the picture he sent through the Internet.
Lesson 4 – Laws and Policies on Violence and Discrimination of the
Members of LGBTQ+

Definition of Terms:
 Equal protection – requires that all persons or things similarly situated
should be treated alike, both as to the rights conferred and responsibilities
imposed.
 Due Process – principle that the Government must respect all of a person's
legal rights as this ensures that all laws and legal proceedings must be fair
and equal for all.
Violence and Discrimination
Despite widespread anecdotal evidence of crimes perpetrated against the
LGBTQ+ community in the Philippines, most data on these cases have not
undergone official verification and collation.
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In March 2016, the Trans Murder Monitoring Project listed 41 reported cases of
transgender people murdered in the country since 2008

The case of Jennifer Laude awakened members of the LGBTQ+ of the violence
and discrimination impending against them. This awareness and the opinions
culled out must be known to enable critical thinking and sharing of thoughts and
ideas.

Violence and Discrimination against LGBTQ+ Youth in Education

A. Anti-Bullying Act of 2013 (Republic Act 10627)
Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based
bullying as a prohibited and punishable act.
Gender-based bullying is defined as "any act that humiliates or excludes a
person on the basis of perceived or actual sexual orientation and gender identity
(SOGI) (Republic Act No. 10627).

B. Child Protection Policy 2012

In cases where the bullying is committed by a Principal, teacher or any other
school personnel, the law being violated is Department of Education Order No. 40
on Child Protection Policy. This policy includes the protection of students from
any form of violence regardless of their sexual orientation or gender identity.

C. Special Protection of Children Against Child Abuse, Exploitation, And

Discrimination Act of 1992 (Anti-Child Abuse Act or Republic Act 7610)
Parents of children who suffer abuse at the hands of teachers or members of
the school's administration violates RA 7610 or the Anti-Child Abuse Act.

Such cases can cover instances of physical, psychological injury, or cruelty

on the basis of the child's SOGI.

Violence and Discrimination against LGBTQ+ in the Workplace

a. The Labour Code of the Philippines (PD 442)
The Labour Code is the national law covering employment for the private
sector in the Philippines. With the exception of prohibitions against discrimination
of women, it does not contain any provision that prohibits discrimination on the
basis of gender identity, particularly on the members of the LGBTQ+.
Nonetheless, while the law is quiet on gender identity and expression, it is
clear in its Declaration of Policy (Article 3) that the "State shall afford protection
to labor, promote full employment, ensure equal work opportunities."
Clearly, the mandate for equal opportunity in employment is clear. But, the
reality shows a different picture since members of the LGBTQ+ encounter
hardship in accessing work opportunities because of discrimination.
The absence of a national law that explicitly prohibits discrimination on the
basis of gender identity makes it easier for employers to hide behind fabricated
reasons for not accepting, firing, or depriving members of the LGBTQ+ of their
employment benefits. Often, policies on uniform, documents, and use of comfort
rooms are used against members of the LGBTQ+ employees and even applicants.

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b. CSC No. 01-0940-the Civil Service Commission's Policy on Anti-Sexual
Harassment
The Civil Service Commission Administrative Disciplinary Rules on Sexual
Harassment Cases includes other less grave, punishable offences. These include
prohibiting “derogatory and degrading remarks or innuendoes directed
toward the members of one's sex, or one's sexual orientation or used to
describe a person”.
This Rule applies to all government entities that fall under the Civil Service
jurisdiction.
The policy is important because it explicitly covers derogatory remarks
regarding sex, sexual orientation, or other remarks that are used as description of a
person with the intention to insult. In addition, this policy for government agencies
does not require that the offender has moral ascendancy over the victim.
The fact that the perpetrator and the victim are of the same level or position
will not preclude the victim from filing a case. While gender identity is not
specifically mentioned as a ground, if a LGBTQ+ civil servant is harassed verbally
by co-workers, they would be able to rely on the generic protection from
"derogatory and degrading remarks".
Both cases are landmark Supreme Court decisions involving rights of
LGBTQ+. In the case of City of Manila v Laguio, the Supreme Court upheld
adults' right to privacy and included the right to have sexual relations in the
confines of their private lives.
In the Gualberto v CA, in a custody dispute between a husband and wife, the
Supreme Court awarded custody of a four-year old child to his mother despite the
father's argument of immorality against his wife who was "allegedly" in a lesbian
relationship. The above decisions will surely have implications to members of the
LGBTQ+ community.

In the 2007 case of Silverio v Republic of the Philippines, the Supreme

Court (SC) ruled against petitioner Silverio's wish to change her first name and
gender marker on her birth certificate. Mely Silverio who underwent sexual
reassignment surgery initially won in the trial court. The Office of the Solicitor
General (OSG) intervened thereafter, arguing in the Court of Appeals (CA) that the
Regional Trial Court of Manila was mistaken in its ruling due to the fact that that
there is no law allowing change of first name on the basis of "sexual alteration. The
CA ruled against Mely Silverio and the SC affirmed the CA ruling.

In this case, the SC ruled that there was no mistake to be corrected as the
birth record is not in dispute, as the sex of the person was determined by the birth
attendant at the time of birth.

It elaborated that "sex" as a term does not contemplate inclusion of persons

who have undergone sex reassignment". Likewise, it argued that allowing her to
change her name and gender marker will alter established laws on marriage and
family relations.

In the 2008 case of Republic of the Philippines v Jennifer Cagandahan, the

Court ruled in favor of a name change to Jeff Cagandahan on the ground that Jeff
had an intersex variation, Congenital Adrenal Hyperplasia (CAH). The Court
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agreed with Jeff 's ability to self-define his sex because he “has simply let nature
take its course and has not taken unnatural steps to arrest or interfere with what he
was born with”.

This focus on biological sex is consistent with the Court's contrary position
for transgender people who are deemed to be attempting to change their biological
sex. is is apparent when the Court favorably notes that Jeff “could have undergone
treatment and taken steps, like taking lifelong medication to force his body into the
categorical mold of a female, but, he did not”.

Furthermore, the Court in ruling for the change of name, clarified its effect
on Jeff's gender marker. Such a change will conform with the change of the entry
in his birth certificate from female to male.
Lesson 5 – Discrimination on the Basis of Sexual Orientation, Gender
Identity and Expression (SOGIE) in the Philippines

Definition of Terms:
 SOGIE – an acronym for Sexual Orientation, Gender Identity and
Expression aspects of gender of persons which must be considered and given
attention.
 Anti-Discriminatory Bill – a proposed legislation before the Philippine
Congress intended to prevent various economic and public accommodation-
related acts of discrimination against people based on their SOGIE.

The Universal Policy

Articles 2(1), 3, and 26 of the Convention provide for the respect, equality,
and non-discrimination of all individuals on the grounds of, inter alia, race, color,
and sex.
In the landmark decision of Toonen v Australia in 1994, it is found not only
that the reference to "sex" in Articles 2(1) and 26 must be taken to include sexual
orientation, but also that laws which criminalize consensual homosexual acts
expressly violate the privacy protections of the law.

National and Local Policies

LGUs from different cities all over the Philippines have been proactive in
passing and filing city ordinances banning LGBT discrimination. Presently, the
Anti-Discriminatory Bill is still pending before the Congress. This bill is expected
to be signed into law before the end of the Duterte Administration. Prior to these
bills, several LGUs have enacted ordinances and resolutions to address these
issues.
In Quezon City, anti-discrimination in employment was enacted in 2004 and
LGBT friendly provisions are supplemented in the Quezon City Gender and
Development Ordinance. Albay Province and Bacolod City passed an anti-
discrimination ordinance. Angeles City not only passed anti- discrimination
legislation, but created a Gay Rights Desk as well.
In the House of Representatives, Representative Raymond Palatino of the
Kabataan Partylist filed House Resolution No.1333, which seeks to investigate
prejudicial, discriminatory, and unjust practices and policies against LGBT
12
students implemented and tolerated in schools, partnering with the DepEd and
other government agencies to explore the inclusion of a Comprehensive Gender
Curriculum on basic and secondary education and in vocational and technical
school to incorporate discussion on issues of LGBT persons.
In May of 2012, the DepEd issued DepEd Order No. 40 or, “The DepEd
Child Protection Policy” to guarantee the protection of children in schools from
any form of violence, abuse, or exploitation regardless of sexual orientation and
gender identity.

Effect of State Discrimination in Society

The State's treatment of LGBT individuals intensifies discrimination on the
basis SOGIE within Philippines society and social institutions.
Being young and not conforming to the gender roles assigned to one's sex
increases the risk of discrimination and abuse for LGBT persons. This
victimization is aggravated by the absence of support mechanisms and school
policies addressing this concern, as well as the failure of schools to safeguard
students from being abused by other students, staff, administrators, and teachers.
The discrimination LGBT students face in schools not only violates the right to be
free from discrimination but prevents these individuals from the enjoyment of
numerous other rights in the Covenant as well.
Homophobia, the stigma and prejudice toward LGBT persons, are very
present within Filipino society, creating a dangerous climate of hostility toward
LGBT people.
LGBT youth are often targeted by parents who, upon discovering their
child's sexual orientation and/or gender identity, feel compelled to inflict physical
harm on them out of frustration or in an attempt to prevent their child from
expressing their sexuality.

Discrimination by the Catholic Church

The Catholic Bishops Conference of the Philippines (CBCP) and Episcopal
Commission on Family and Life (ECFL) has been fervently demanding Congress
for the removal of “sex, gender, sexual orientation and gender identity” in the
comprehensive anti-discrimination ordinances filed in the Senate and in the House
of Representatives, claiming that its inclusion will only” create problems regarding
ethics, marriage, the family and religious freedom and reasons that “the difference
in sex or gender does not belong to the same level as the difference in race, color,
religion, or ethnicity”.

Antagonists of the anti-discrimination bill claim that the passage of an anti-

discrimination legislation will open the door for same-sex marriages. A provision
allowing for same-sex marriage was not present in the anti-discrimination bill at
the time of its introduction first filing and has never been added

Participation of the members of LGBTQ in Public Life

Article 25 of the Convention provides for the right of each citizen to
participate in public affairs, to vote, and to have equal access to public service in
the country. These rights are provided free of unreasonable restriction and free
from distinctions made on the basis of sex, which as mentioned above, includes
sexual orientation.
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Discrimination in the Military
Through their media announcements, it seems on the surface that the
Philippine military and the police are adhering to the non-discrimination clause of
the Philippine Constitution (Art 2) and the ICCPR by its declaration of openness to
admit gays, lesbians, and bisexual persons in military and police service.
Upon closer inspection, the additional conditions required from gay, lesbian,
and bisexual applicants and cadets demonstrate lingering prejudices and negative
stereotypes toward LGBT person. Also, the military's apparent strict adherence
exclusively towards heterosexist gender binary (masculine and feminine) roles
discriminate against those that fall short to this standard and are considered as the
benchmark of what constitutes being decent, proper and respectful.
The generalized negative stereotyping of LGBT persons and the
misconception that a person's sexual orientation defines one's gender expression
are most evident on the common position of the APF, PNP and PMA towards gay
and effeminate behaviour.
The identification of sources of discrimination is vital so that you will know
how these acts are committed or performed by the social institutions, their
respective actors. The unified output can result to a class program or activity
addressing this concern.

Lesson 6 – Understanding Sexual Harassment

Definition of Term:
 Sexual Harassment – it is an act or a series of acts involving any unwelcome
sexual advance, request, or demand for a sexual favor, or other verbal or
physical behavior of a sexual nature, committed by a government employee
or official in a work-related training, or education-related environment.

THEORETICAL PERSPECTIVES OF SEXUAL HARASSMENT

Sexual harassment cannot be understood from the perspective of a single

theory, but it is always a combination of different predictors. Previous researchers
have looked at sexual harassment using a number of frameworks including
organizational approach, feminist theory, role theory, and attributional models of
sexual harassment. However, all these models share common basic assumptions
and can be labelled as socio-cultural models of sexual harassment (Sheets and
Braver 1999).
However, there have been five widely accepted theories of sexual
harassment that attempt to explain the phenomenon from different angles and
perspective, to wit:
 Natural/Biological Theory
According to this model, men have stronger sex derives, and are therefore,
biologically motivated to engage in sexual pursuit of women. Thus, the harassing
behavior is not meant to be offensive or discriminatory, but is merely the result of
biological urges. Its assumptions include a natural, mutual attraction between men
and women, a stronger male sex drive, and men in the role of sexual initiators. A
key strength of the natural/biological perspective is that it acknowledges the innate

14
human instincts potentially driving sexually aggressive behavior (Tangri et al.
1982).
 Sex Role Spill over Theory
This theory is based on the proposition of irrelevant gender-based role
expectations that individuals bring to the workplace in guiding their interactions
with women. Men hold role perceptions of women based on their traditional role in
our culture.
When women take jobs outside of these traditional areas to work in the male
dominated workplace, men rely on these gender-based expectations when
interacting with women therefore, perceiving women in their gender roll over and
above their work role. Therefore, men are more likely to sexualize their
experiences, including work experiences, and are therefore, more likely to
make sexual remarks or engage in sexualized behavior, thus accounting for the
fact that women experience more sexual harassment than men (Barbara Gutek
1982).
 Organizational Theory
Proponents of this theory propose that one of the central concepts that helps to
explain sexual harassment is power (Cleveland and Kurst 1993). This theory
proposes that sexual harassment results from the opportunities presented by
power and authority relations which derive from hierarchical structures of
organizations (Gruber 1992).
This perspective emphasizes that the structure of organizational hierarchy
invests power in certain individuals over others, that can lead to abuse. Thus,
sexual harassment k all about expression of male power over women that sustains
patriarchal relations
 Socio-cultural Theory
Socio-Cultural theories examine the wider social and political context in which
sexual harassment is created and occurs. According to this perspective, sexual
harassment is a logical consequence of the gender inequality and sexism that
already exists in society (Gutek 1985; Thomas and Kitzinger 1997). This theory
asserts that women lesser status in the larger society is reflected at the workplace
structures and culture-thus, male dominance continues to be the rule.
Herein, sexual harassment is only one manifestation of a much larger
patriarchal system in which men are the dominant group reflecting the larger
society's differential distribution of power and status between the sexes. The
perpetrators of sexual harassment have no regard for women as an equal human
being. Therefore, molesting women is a part and parcel of male idea of fun in the
society.
 Feminist Theory
According to the feminist perspective, sexual harassment is linked to the sexist
male ideology of male dominance and male superiority in the society. Therefore,
feminists theories view sexual harassment as the product of a gender system
maintained by a dominant, normative form of masculinity. Thus, sexual
harassment exists because of the views on women as the inferior sex, but also
sexual harassment serves to maintain the already existing gender stratification
by emphasizing sex role expectations (Gutek 1985).

Relevance of Sexual Harassment Theories

15
 An interpretation of these theoretical perspectives reveals that both
biologically, as well as socio- culturally, men happen to have always occupied a
dominant position over women in societies, of which the workplaces are only a
part.
Considerable data have been accumulated confirming that harassment is
widespread in both the public (Culbertson et al. 1992; Fitzgerald el al. 1997) and
the private sectors and it has significant consequences for the employees' health
and psychological well-being (Fitzgerald 1993; Schneider et al. 1997).
Therefore, the vulnerability of women as a weaker sex has travelled towards
workplaces and academe, where it is considered natural and normal for men to
be responding sexually towards women as colleagues, subordinates, and
superiors.

Philippine Laws on Sexual Harassament

Republic Act No. 7877 or the Anti-Sexual Harassment Act of 1995 is the
governing law for work, education or training-related sexual harassment.
Specifically, in a work-related or employment environment, sexual
harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the
employment re-employment or continued employment of said individual, or in
granting said individual favorable compensation terms of conditions, promotions,
or privileges; or the refusal to grant the sexual favor results in limiting.
segregating, or classifying the employee which in any way would discriminate,
deprive, or diminish employment opportunities or otherwise, adversely affect said
employee;
(2) The above acts would impair the employee's rights or privileges under
existing labor laws or
(3) The above acts would result in an intimidating, hostile, or offensive
environment for the employee. On the other hand, in an education or training
environment, sexual harassment is committed:

(1) against one who is under the care, custody, or supervision of the
offender;
(2) against one whose education, training, apprenticeship, or tutorship is
entrusted to the offender;
(3) when the sexual favor is made a condition to the giving of a passing
grade, granting of honors and scholarships, or the payment of a stipend, allowance
or other benefits, privileges, or consideration; or
(4) when the sexual advances result in an intimidating, hostile, or offensive
environment for the student, trainee, or apprentice.

Sexual Harassment in the Civil Service

Sexual Harassment in the Civil Service is punishable by Civil Service
Commission No. 01-0940, also known as Administrative Disciplinary Rules on
Sexual Harassment Cases.
Here, sexual harassment can be committed at the following places:
1. in the premises of the workplace or office or of the school or training
institution;

16
 2. in any place where the parties were found, as a result of work or education
or training responsibilities or relations;
3. at work-, education, or training-related social functions;
4. while on official business outside the office or school or training institution
or during work, school-, or training-related travel;
5. at official conferences, fora, symposia, or training sessions; or
6. by telephone, cellular phone, fax machine, or electronic mail.
The following forms of sexual harassment are committed thru: (1) Physical,
(a) Malicious touching (b) Overt sexual advances; (c) Gestures with lewd
insinuation: (2) Verbal, such as but not limited to, (a) requests or demands for
sexual favors and (b) lurid remarks: (3) Use of objects, pictures or graphics,
letters, or written notes with sexual underpinnings: (4) Other forms analogous
to the foregoing.
Lesson 7 – Women’s Issues in Development
Definition of Terms:
 Development – the process in which someone or something grows or
changes and becomes more advanced.
 Women in Development – approach of development projects that emerged
in the 1960s, calling for treatment of women's issues in development
projects.
 Women and Development – approach comes from the perspective that
equality will be essential to improving women's positions, but still frames
change in terms of providing women access to the productive sector.
 Gender and Development – was developed in the 1980s, stepped away from
both WID and WAD and was founded in socialist-feminist ideology
(Rathgeber 1990, 493). The GAD approach holds that the oppression of
women stems largely from a neoliberal focus on improving women's
reproductive and productive capacities.

Women in Development (WID)

By the 1970s, it became clear that women were being left out of
development. They were not benefiting significantly from it and in some instances,
their existing status and position in society were actually worsened by
development.
The Women in Development (WID) approached this issue the exclusion of
women from development program and approaches. WID saw women as a group
that lacks opportunity to participate in development.
The main task, therefore, was to improve women's access to resources and
their participation in development. The WID approach emphasized the importance
of the integration of women into development programs and planning.
Accordingly, this was the best way to improve women's position in society.
The WID approach, although it had limitations, increased the visibility of
women in development issues. WID was successful in helping secure a prominent
place for women’s issues at the United Nations (UN) and other international
development agencies. The UN declared that the decade of 1975 to 1985 to be the
decade for women. One of the major achievements of the decade was the
establishment of women in development structures or machineries.

17
 In Zambia, for instance, it was during this time that the Women's League of
the then ruling political party, United National Independence Party (UNIP), was
formed as the national machinery to address women's development issues.
WID served as the starting point of making known to the international
community that the sector of women has to be part of programs for development
Likewise, several remarkable programs, activities, and initiatives must be noted as
these also began the strides for women empowerment.

Women and Development (WAD)

As a result of criticisms of the WID approach, the Women and Development
(WAD) approach arose in the latter part of the 1970s. Adopting a Marxist feminist
approach the main argument of WAD was that women had always been part of
the development processes. WAD asserts that women have always been
important economic actors.
The work they do both inside and outside the household is critical to the
maintenance of society. However, this integration has only served to sustain global
inequalities. In other words, the WID approach that placed emphasis on integrating
women into development was not correct
The main focus of WAD is on the interaction between women and
development processes rather than purely on strategies to integrate women into
development.
WAD saw both women and men as not benefiting from the global economic
structures because of disadvantages due to class and the way wealth is distributed.
WAD argued that the integration of women into development was to their
disadvantage and only made their inequality worse. WAD saw global inequalities
as the main problem facing poor countries and the citizens of those countries.
On the other hand, WAD has been criticized for assuming that the position
of women will improve if and when international structures become more
equitable. It sees women's positions as primarily within the structure of
international and class inequalities.
WAD even underplays the role of patriarchy in undermining women's
development and does not adequately address the question of social relations
between men and women and their impact on development.

Gender and Development (GAD)

In the 1980s, further reflections on the development experiences of women
gave rise to Gender and Development (GAD). It brought together both the lessons
learned from, and the limitations of, the WID and WAD approaches.
GAD looks at the impact of development on both women and men. It seeks
to ensure that both women and men participate in and benefit equally from
development and so emphasizes equality of benefit and control. It recognizes that
women may be involved in development, but not necessarily benefit from it.
GAD is not concerned with women exclusively, but with the way in which
gender relations allot specific roles, responsibilities, and expectations between men
and women, often to the detriment of women.
This approach also pays particular attention to the oppression of women in
the family or the private sphere' of women's lives. As a result, we have seen
projects develop addressing issues such as VAW. GAD focuses on the social or
gender relations (i.e. the division of labor) between men and women in society and
18
seeks to address issues of access and control over resources and power. GAD goes
further than the other approaches in emphasizing both the reproductive and
productive role of women and argues that it is the state's responsibility to support
the social reproduction role mostly played by women of caring and nurturing of
children. As such, it treats development as a complex process that is influenced by
political, social, and economic factors rather than as a state or stage of
development.

Practical Approaches to the Development of Women

The Welfare Approach
Until the early 1970s, development programs addressed the needs of women
almost entirely within the context of their reproductive roles. The focus was on
mother and child health, child-care, and nutrition. Population control-or family
planning as it later came to be known-was a major focus as well due to the link
made between population growth and poverty. The focus was clearly on meeting
practical needs.
The assumptions that women's position would improve together with general
improvements in the economy, or with the economic positions of their husbands,
began to be challenged as it became clear that women were in fact losing out.
Women, as a result, were being increasingly associated with backwardness
and the traditional while men were increasingly identified with modern and
progressiveness
The Equity Approach
Feminist calls for gender equality were important in bringing about this
approach, the main aim of which was to eliminate discrimination. It emphasized
the re-valuing of women's contribution and share of benefits from development.
The equity approach also dealt with both the productive and reproductive roles as a
responsibility of government.
The equity approach, in contrast to the welfare approach, saw women as
active participants organizing to bring about necessary changes.
The Anti-Poverty Approach
This approach focuses on both the productive and reproductive role of
women with an emphasis on satisfaction of basic needs and the productivity of
women. A key operational strategy required access to income generation and
waged employment. The tendency with this approach was to reinforce the basic
needs and ignore the strategic needs of women,
The Efficiency Approach
The efficiency approach aims to have increased production and economic
growth with an emphasis on full use of human resources. Advocates of this
approach argue that gender analysis makes good economic sense. This is because
understanding men's and women's roles and responsibilities as part of the planning
of development activities helps improve effectiveness and ensures that women, as
well as men, can play their part in national development
The efficiency approach succeeded in bringing the concerns about women
and gender into the mainstream of development. However, this was done with a
focus on what women could do for development, rather than on what development
could do for women.
The Empowerment Approach

19
 The aim of the empowerment approach is to increase the self-reliance of
women and to influence change at the policy, legislative, societal, economic, and
other levels to their advantage. Its main strategy is awareness-raising and situates
women firmly as active participants in ensuring change takes place.
The empowerment approach has been instrumental in ensuring that
opportunities are opened for women to determine their own needs. However,
empowerment has often been misunderstood to be an end rather than a means. This
has resulted in poor women becoming very knowledgeable about issues while
realizing little change to their material situation, which is often dire.
Lesson 8 –Gender Inequality in Marriage and Criminal Laws
Definition of Term:
 Marriage – a special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of conjugal
and family life. It is the foundation of the family and an inviolable social
institution.
THE PRIMACY OF THE DECISION OF THE HUSBAND/FATHER

Under the Article 14 of the Family Code of the Philippines, it is provided that:

“Art. 14. In case either or both of the contracting parties, not having been
emancipated by a previous marriage, are between the ages of eighteen and twenty
one, they shall, in addition to the requirements of the preceding articles, exhibit to
the local civil registrar, the consent to their marriage of their father, mother,
surviving parent or guardian, or persons having legal charge of them, in the
order mentioned. Such consent shall be manifested in writing by the interested
party, who personally appears before the proper local civil registrar, or in the form
of an affidavit made in the presence of two witnesses and attested before any
official authorized by law to administer oaths. The personal manifestation shall be
recorded in both applications for marriage license, and the affidavit, if one is
executed instead, shall be attached to say applications.” (Emphasis supplied)

On the administration and enjoyment of community property or conjugal

partnership, Articles 96 and 124 of the Family Code provide that:

“Art. 96. The administration and enjoyment of the community property shall
belong to both spouses jointly. In case of disagreement, the husband's decision
shall prevail, subject to recourse to the court by the wife for proper remedy, which
must be availed of within five years from the date of the contract implementing
such decision xxx”

“Art. 124. The administration and enjoyment of the conjugal partnership shall
belong to both spouses jointly. In case of disagreement, the husband's decision
shall prevail, subject to recourse to the court by the wife for proper remedy, which
must be availed of within five years from the date of the contract implementing
such decision xxx”

20
On the exercise of parental authority over the person and legal guardianship over
the property of common children, Articles 211 and 225 of the Family Code state
that:

“Art. 211. The father and the mother shall jointly exercise parental authority over
the persons of their common children. In case of disagreement, the father's
decision shall prevail, unless there is a judicial order to the contrary xxx”
(Emphasis supplied.)

“Art. 225. The father and the mother shall jointly exercise legal guardianship over
the property of the un-emancipated common child without the necessity of a court
appointment. In case of disagreement, the father's decision shall prevail, unless
there is a judicial order to the contrary xxx” (Emphasis supplied)

HIGHER BURDEN ON WOMEN/WIVES THAN MEN/HUSBANDS

The crimes of adultery and concubine include the concept of marital
infidelity. Adultery involves a wife who engages into sexual intercourse with a
man not her husband. On the other hand, concubine involves a husband who has:
(1) sexual intercourse with a woman not his wife under scandalous circumstances:
(2) kept another woman in the conjugal home, or (3) cohabiting with another
woman in another dwelling
Here, for the crime of adultery to be proven the mere sexual intercourse with
a man not her husband-will suffice. In contrast, for the crime of adultery-the sexual
intercourse must be committed under scandalous circumstances-not a mere sexual
intercourse.
The wife in an adultery case incurs a higher penalty than that for the erring
husband in concubinage. A penalty of imprisonment is also imposable on
paramour in adultery, but only the penalty of destierro or banishment falls on the
concubine in concubinage.

FORGIVENESS CLAUSE IN THE CRIME OF RAPE (RA 8353 OR THE

ANTI-RAPE LAW)
The Anti-Rape Law (RA 8353) contains a clause that can easily exonerate
the offender and can further endanger the victim.
In the law, it was stated that: “subsequent valid marriage between the
offender and the offended party shall extinguish the criminal action or the
penalty imposed.”
This gives an easy way out for the offender, which in effect, does not bar
him from committing the crime.
Further, it also recognizes that “if the offender is the legal husband x x x
the subsequent forgiveness by the wife who is the offended party xxx shall
extinguish the criminal action or the penalty.”

This perpetuates violence under the shroud of marriage which can perpetuate
these kinds of abuses for a long period of time.
EXCLUSIVE DEFINITION OF PROSTITUTION
Article 202 of the Revised Penal Code, amended by Republic Act No.
10158, and retained the decades-old definition of prostitutes as “women who, for
money or profit, habitually engage in sexual intercourse or lascivious conduct xxx”
21
 Following this definition, a man who peddles sexual acts for profit, is in
effect, invisible in the eyes of law, thus, making the actor thereof immune to
imprisonment.
Lesson 9 – Critique on the Responsible Parenthood and
Reproductive Health Act of 2012 (RA No. 10354 – RH Law)

Rationale of the RH Law

The “Responsible Parenthood and Reproductive Health Act of 2012” or RA
10354, also known as the “RH Law” was primarily enacted on a vision that the
poor will have access to Reproductive Health (RH) goods and services which they
cannot afford. With this law, the poor will likely have sufficient access to
information about the proper use and effectiveness of these RH products.
Apparently, the failure of the market of RH goods and services to reach
marginalized women compelled the Philippine Government to step in and initiate
measures to address this occurrence.
However, RH Law was depicted by paintings of promoting abortion and
abortifacient products - thus, sinful and frowned upon by the Catholic Church.

Elements of RH Law
The elements of the recently enacted RH Law are as follows:
1. family planning information and services;
2. maternal, infant, and child health and nutrition, including breast feeding;
3. prevention of abortion and management of post-abortion complications;
4. adolescent and youth reproductive health guidance and counselling;
5. prevention and management of reproductive tract infections (RTI),
HIVAIDS, and STIS;
6. elimination of VAWC and other forms of sexual and GBV;
7. education and counselling on sexuality and reproductive health;
8. treatment of breast and reproductive tract cancers and other gynecologic
conditions and disorders;
9. male responsibility and involvement and men's RH;
10. prevention, treatment, and management of infertility and sexual
dysfunction;
11. RH education for the adolescents; and
12. mental health aspect of reproductive health care.

Salient Provisions
Midwives for skilled birth attendance: The law mandates every city and
municipality to employ an adequate number of midwives and other skilled
attendants.
Emergency obstetric care: Each province and city shall ensure the
establishment and operation of hospitals with adequate facilities and qualified
personnel that provide emergency obstetric care.
Hospital-based family planning: The law requires family planning services
like ligation, vasectomy, and intrauterine device (IUD) placement to be available in
all government hospitals

22
 Contraceptives as essential medicines: Reproductive health products shall
be considered essential medicines and supplies and shall form part of the National
Drug Formulary.
Reproductive health education: RH education shall be taught by
adequately trained teachers in an age-appropriate manner.
Employers' responsibilities: Employers shall respect the reproductive
health rights of all their workers. Women shall not be discriminated against in the
matter of hiring, regularization of employment status, or selection for retrenchment
Employers shall provide free reproductive health services and education to
workers.
Capability building of community-based volunteer workers:
Community-based workers shall undergo additional and updated training on the
delivery of reproductive health care services and shall receive not less than 10%
increase in honoraria upon successful completion of training.

Prohibited Acts
The law also provides for penalties for persons who perform certain
prohibited acts such as the following:

 knowingly (with malicious intent) withholding or impeding the

dissemination of information about the programs and services provided for
in this Act or intentionally giving out incorrect information;
 refusing to perform voluntary ligation and vasectomy and other legal and
medically safe reproductive health care services on any person of legal age
on the ground of lack of spousal consent or authorization;
 refusing to provide reproductive health care services to an abused minor
and! or an abused pregnant minor, whose condition is certified to by an
authorized DSWD official or personnel, even without parental consent
particularly when the parent concerned is the perpetrator;
 refusing to extend reproductive health care services and information on
account of the patient's civil status, gender or sexual orientation, age,
religion, personal circumstances, and nature of work: Provided that all
conscientious objections of health care service providers based on religious
grounds shall be respected: Provided, further, that the conscientious objector
shall immediately refer the person seeking such care and services to another
health care service provider within the same facility or one who is
conveniently accessible: Provided, finally, that the patient is not in an
emergency or serious case, as defined in RA 8344, penalizing the refusal of
hospitals and medical clinics to administer appropriate initial medical
treatment and support in emergency and serious cases; and
 requiring a female applicant or employee, as a condition for employment or
continued employment, to involuntarily undergo sterilization, tubal ligation,
or any other form of contraceptive method.

Legislating RH
The road to the enactment of the RH Law was a painstaking path. The main
blockade was the constitutional provision, particularly that provided in Article II,
Section 12 of the 1987 Constitution which mandates that:

23
 “The State recognizes the sanctity of life…It shall equally protect the life of the
mother and the life of the unborn from conception."
In this regard, the 1987 Constitution itself mandates that the Philippine
Government must recognize the importance of life and protect the life of the
mother and unborn.
In as much as artificial family planning methods (i.e. IUDS, condoms) are
labelled as "anti-life" and against conception, these are interpreted to be against the
sanctity of life making them contrary to the said fundamental law of the land. In
addition, these "pro-life groups strongly advocate the use of natural methods (ie,
abstinence, calendar methods).
On the other hand, advocates of the RH Law counter this concept of
proliferating abortion or abortifacient products by scientific findings which
claimed otherwise.
What these debates are missing out is clearly the spirit of the law-to allow
women to choose freely whatever method of family planning is fit and appropriate
to them. Claiming that one is better as compared to the other delimits these
supposedly "free choice" that women truly deserve.

The long political battle

Talks about a unified reproductive health policy had been roaming the spheres
of the Philippine Government way back the 1960s with the creation of a Population
Commission as a measure of population control to manage high fertility rates and
alleviate poverty. Henceforth, the backlash of the CBCP was unrelenting.
The RH Law, which was finally enacted in 2012, was a product of a 14-year
struggle. After its enactment, lobbyists of this law thought that victory was already
achieved. However, in March 2013, the law was challenged before the SC of the
Philippines, delaying its full implementation. A year after, the law was held to be
valid, except for clauses therein, that allowed minors to access reproductive health
services without the written consent of a guardian and penal measures for
government officials who did not implement the law,
In 2015, a further temporary restraining order (TRO) issued again by the
nation's SC prevented the Food and Drug Administration (FDA) of the Philippines
from procuring, distributing, or issuing new certificates of product registration on
more than 50 different contraceptives, allowing many licenses to eventually expire.
The TRO was launched after the FDA registered a contraceptive implant called
Implanon, which accordingly, could be used to induce abortion. Two (2) years
after the said TRO, the FDA then certified that Implanon and Implanon NXT are
not abortifacients.
With the TRO finally lifted, the Department of Health now freely distributes
contraceptives to their regional offices and to various NGOs.

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 GEN. ED.
COLEGIO DE SAN ANTONIO DE PADUA
Supervised by the Lasallian Schools Supervision Office
Ramon M. Durano Foundation Compound,
Guinsay, Danao City, Cebu
Tel. No. (032) 344-4709

COLLEGE OF ARTS & SCIENCES

Gender and Society: A Human

Ecological Approach
Module 3 (Semifinals)
2nd Semester S.Y. 2021-2022

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 LEARNING ACTIVITIES

Student’s Name: ________________________________________________________ (2 pts.)

(Last Name, First Name & M. I.)
Degree Program, Year & Section: __________________________________________ (2 pts.)

Instructor’s Name: ______________________________________________________ (2 pts.)

Activity I – Same Sex Marriage

Instructions: Give what is asked. Underline the important words of your answer.
1. Search the proposed “Same Sex Marriage” legislations in the Internet.
2. Examine all its provisions and answer the following:
a. Can these legislations, if passed, eliminate gender inequality in marital laws?
b. Can these legislations, if passed, eliminate gender inequality present in personal laws
mentioned?
c. If you will be given a chance to become legislator, propose a sentence to be included in
this “Same Sex Marriage” legislation?

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Activity II – Sexual Harassment
Instructions: Think of scenarios wherein the theories apply. Underline the important
words of your answer.
Theories Scenario
Natural/Biological Theory

Sex Role Spill over Theory

Organizational Theory

Socio-cultural Theory

Feminist Theory

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