CHAPTER 9: Laws, Policies,

and Programs for Philippine

Women
Created by: Fer Grace Cataylo
 Learning Outcomes:

• At the end of this chapter, the students should be able to:

• 1. Name Philippine laws that protect and empower women
• 2. Explain the importance of policies that protect and empower women;
and
• 3. State the aims of these policies for women and for the society as a
whole.
 Pre- work for the Chapter:

• Look for news articles or current events that shows how women are
regarded or treated by powerful people in the country.
• Reflect and notice
• Do you think these actions empower women?
Anti-GBV Laws
R.A. 7610 Special Protection of Children
Against Child Abuse, Exploitation
and Discrimination Act of 1992
R.A. 7877 Sexual Harassment Law of 1995
R.A. 8353 Anti- RAPE Law of 1997
R.A. 9208 Trafficking in Persons Law of 2003
R.A 9262 Anti- VAWC Law of 2004
R.A 9710 Magna Carta of Women’s Rights
R.A. 9775 Anti-Child Pornography Act of 2009
R.A. 9995 Anti-Photo and Video Voyeurism Act of 2009
R.A. 10354 Responsible Parenthood and
Reproductive Health Act of 2012
Republic Act 7610
“Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Ac
t” of 1992
 Who is a child?
 Any person below 18 years of age
 Those unable to protect themselves because of a
physical or mental disability or condition

What is child abuse?

 Maltreatment that includes psychological,
emotional and physical abuse, neglect, cruelty, or
sexual abuse
 Any act or word which debases or demeans the
dignity of a child as a human being
Child Prostitution and Sexual
Abuse
What is child prostitution?

 Children – male or female

 Exploited in prostitution when they are
coerced or influenced by an adult or a group
for sexual intercourse or lascivious conduct
Who are guilty of child
prostitution?
1. Those who act as procurer (padangat) of
child prostitution;
2. Take advantage of relationship or influence
to procure a child;
3. Give money or goods to a child to make
her/him engage in prostitution.
Who are guilty of child
prostitution?
4. Those who commit sexual intercourse or
lascivious (maulagon) conduct with a child;
6. Those who derive profit therefrom such as
an owner or manager of disco, bar,
sauna, resort or like establishments.
Attempt to Commit
Prostitution
 When any person, not a relative of a child, is
alone with the child inside the room or cubicle
of a house, inn, hotel, motel, resort, pension
house, or a vessel or vehicle, or a hidden or
secluded area, under circumstances leading to
suspect risk of child prostitution.
Other Acts of Abuse

Any person who shall keep or have in his

company a minor under 12 years of age, or 10
or more years his junior in any public or private
place, hotel, beer joint, discotheque, pension
house, massage parlor, beach or resort

(Does not apply to a relative within 4th degrees

of consanguinity or affinity, or acts in the
performance of a social or legal duty.)
Sanctions for
Establishments or
Enterprises
 When prohibited acts are facilitated by
establishments or enterprises, they shall be
closed, their license to operate cancelled, and
owners and managers persecuted under this
act and other applicable laws.
Who May File a Complaint

 Offended party
 Parents or guardians
 Ascendant or collateral relative within 3rd degree
of consanguinity
 Social worker or representative of child-caring
institution
 Barangay chairman
 At least 3 concerned citizens where violation
occurred.
Confidentiality

It shall be unlawful to print, announce, or

cause undue and sensationalized publicity of
the case.
REPUBLIC ACT 7877
Sexual Harassment Law of
1995
Sec. 2. The State shall value the dignity of every
individual, enhance the development of
human resources, guarantee full respect for
human rights, and uphold the dignity of
workers, employees, applicants for
employment, students or those undergoing
training, instruction or education.
REPUBLIC ACT 7877
Sexual Harassment Law of
1995
What is sexual harassment?

 Any unwanted sexual advances or request for

sexual favors
 Sexual conduct that creates pressure,
discriminates or produces a hostile
environment.
Forms of sexual harassment

 Physical contact
 Verbal contact like suggestions, jokes,
threats, obscene comments
 Written contact like letters, notes, text or
email messages
 Visual contact like gestures, posting obscene
or offensive posters, cartoons, etc.
Where is sexual harassment
committed and by whom?
 In the work or business environment, by an
employer, manager, supervisor, etc, who makes
the sexual favor a condition for employment,
wage increase, promotion or the like;
 In the education or training environment, by a
teacher, instructor, professor, coach, or anyone
having authority or influence, who makes the
sexual favor a condition for a passing grade,
scholarship, etc.
Where is sexual harassment
committed and by whom?
 In the work or business environment, by an
employer, manager, supervisor, etc, who makes
the sexual favor a condition for employment,
wage increase, promotion or the like;
 In the education or training environment, by a
teacher, instructor, professor, coach, or anyone
having authority or influence, who makes the
sexual favor a condition for a passing grade,
scholarship, etc.
CSC Resolution No. 01-0940
“Administrative Disciplinary
Rules on Sexual Harassment
Cases.”
 Sec.3 (a) Work related sexual harassment is
committed under the following circumstances:
1. submission to or rejection of the act or series of
acts is used as a basis for any employment decision
(including, but not limited to, matters related to
hiring, promotion, raise in salary, job security,
benefits and any other personnel action) affecting
the applicant/employee; or
 2. the act or series of acts have the purpose or
effect or interfering with the complainant’s work
performance, or creating an intimidating, hostile or
offensive work environment;
 3. the act or series of acts might reasonably be
expected to cause discrimination, insecurity,
discomfort, offense or humiliation to a complainant
who may be a co-employee, applicant, customer,
or word of the person camplained of.
 Sec. 4. Duty of the Employer or Head of Office in a
Work-related, Education or Training Environment.-
It shall be the duty of the employer or Head of the
work-related, educational or training environment
or institution, to prevent or deter the commission of
acts of sexual harassment and to provide the
procedures for the resolution, settlement or
prosecution of acts of sexual harassment.
Republic Act 8353
Anti- Rape Law of 1997
Salient Features of R.A.
8353
 RAPE as a crime against PERSONS
- no longer a private crime
(formerly crime against chastity)
- MEN can be victims of rape
 MARITAL RAPE – husband may be the offender
- Married women can be victims of rape
How rape is committed?

 Rape by penile penetration

 Rape by Sexual Assault

Rape by penile penetration

 Force
 Intimidation
 Threat
- to harm the victim or his/her family
 Fraudulent machination
 Grave abuse of authority
 The victim is unconscious or demented
 The victim is below twelve (12) years old
Rape by Sexual Assault

- insertion of the penis into the anus or

mouth
- insertion of objects into the vaginal or
anal orifice
- jurisprudence has recognized the
insertion of fingers or the tongue into
the vagina as RAPE
RAPE

 Genitals ----------- Any object

 Anus ----------- Any object

 Mouth ----------- Penis

Republic Act 9208

Anti- Trafficking in Persons Act of 2003

Trafficking can happen

 With or without the victim’s consent

or knowledge.
Who are trafficked?

 WOMEN and MEN

 CHILDREN (GIRLS and BOYS)

Why are they vulnerable?

- minority and poor persons
- those in conflict areas and areas visited by
disasters, refugees and illegal migrants
- mainly because of their low levels of education
and illiteracy
Who are the traffickers and
buyers?

 Illegal recruiters
 Organized crime groups
 Local pimps and procurers
 “Talent” managers
 Male buyers (local and foreign) of prostituted
women and children
TRAFFICKING IS BY MEANS OF FOR THE PURPOSE
OF EXPLOITATION
Recruitment Threat Prostitution
Transportation Use of force Other forms of sexua
exploitation, includin
“cybersex” through
the internet
Transfer Deception Forced Labor or
services
Harboring Abduction Slavery or similar
(pagdagit) practices
Receipt Taking advantage Removal of organs
of the vulnerability
of others
Who may file a complaint
for trafficking in persons?
 ANY PERSON who has personal
knowledge of the commission of
any offense
 Trafficked person
 His or her parents, spouse,
siblings, children or legal guardian
 Anti- Violence Against
Women and
their Children Act of 2004
 What is VAWC?
 any act(s) committed by any person
against a woman or her child
 the acts result in physical, sexual,
psychological harm or suffering,
economic abuse, threats of such acts,
battery, assault, coercion,
harassment, or deprivation of liberty
 the acts are committed within or
outside the family residence
ABUSER vs. VICTIM in R.A. 9262

 Who are LIABLE? (Abuser)

 ANY PERSON, whether male or female
 Husband, ex-husband
 Boyfriend or ex-boyfriend
 Father of the woman’s child
 Lesbian girlfriends/partners or ex-
partners
 Any person with whom the woman
has/had a sexual or dating relationship
ABUSER vs. VICTIM in R.A. 9262

Who are considered VICTIMS?

- WOMEN and their CHILDREN
 Wife or former wife
 Woman who has had a sexual/dating
relationship (girlfriend or live-in partner)
 Woman with whom the abuser has a common
child, regardless whether the child is
legitimate or illegitimate
 Woman’s child
Who may file a complaint under R.A.
9262?

 Any CITIZEN having personal knowledge

of the circumstances involving the
commission of the crime may file a
complaint
 This is because violence against women
and their children is considered a PUBLIC
CRIME
Section 34. Persons Intervening
Exempt from Liability.
 any person - private individual or police
authority or barangay official who, acting
in accordance with law, responds or
intervenes
 without using violence or restraint greater
than necessary to ensure the safety of the
victim
 not be liable for any criminal, civil or
administrative liability
Reliefs under R.A. 9262

1. Criminal action
violation of R.A. 9262

2. Protection orders

Barangay Protection Order

Temporary Protection Order
Permanent Protection Order
Protection Orders

 A Protection Order is issued to prevent

further acts of violence against a woman
and her child and grants other necessary
reliefs.
 Barangay Protection Order (BPO)
 abuser to desist from causing physical harm or
threatening to cause physical harm to the
woman and her child
 Valid for 15 days and renewable; enforceable
within the barangay issued
Reliefs: Protection Orders
 Temporary Protection Order (TPO)
 issued by the Family Court (RTC) upon filing of
the petition, after ex-parte determination by the
court of the evidence of the petitioner/victim
 Valid for 30 days and renewable; enforceable
anywhere in the Philippines

 Permanent Protection Order (PPO)

 issued by the Family Court (RTC) after due
notice and hearing
 valid unless revoked by the court and
enforceable anywhere in the Philippines
(Republic Act 9710)
What is the Magna Carta of
Women?
 It is the comprehensive women’s rights law
that seeks to eliminate discrimination by
recognizing and promoting the rights of
Filipino women, especially those in
marginalized sectors.
 It is the legal expression of the Philippine
government’s ratification of CEDAW
(Convention on the elimination of All Forms
of Discrimination Against Women.)
How is discrimination
defined?
 Any act or policy resulting in distinction,
exclusion or restriction on the basis of gender
whose effect is to impair women’s exercise of
fundamental rights and freedoms.
 Measures or practices that fail to provide
mechanisms to offset or address gender-
based disadvantages or limitations
experienced by women.
What rights are guaranteed
under the Magna Carta of Women?
All rights in the Philippine Constitution and in
international instruments signed and ratified
by the Philippines, along with:
 Protection from all forms of violence
including those committed by the State.
 Protection and security in times of disaster
and other crisis situations.
 Participation and representation (for ex. civil
service, development and planning bodies,
political parties)
 Equal treatment before the law.
 Equal access to education, training,
scholarships.
 Equal participation in sports.
 Non-discrimination in employment in the
military, police and similar services.
 Non-discriminatory or derogatory portrayal of
women in media and film.
 Comprehensive health services and information.
 Leave benefits of 2 months with full pay for
surgery for gynecological disorders.
 Equal rights in all matters relating to marriage
and family.
Women OFWs:

The protection of women OFWs will

be the responsibility of gender focal points in
consulates and embassies. Other agencies
such as DOLE and DSWD will also cooperate
in the delivery of services.
Who is responsible for
implementing the Magna
Carta of Women?
 The government is the primary duty-bearer,
including all government offices, LGUs and
GOCCs.
 The private sector and individuals shall also
recognize and promote the rights defined in the
Magna Carta.
 Government is mandated to develop and
implement laws, policies, guidelines, including
temporary measures for gender mainstreaming.
It is mandated to plan, budget and monitor GAD
programs, and to generate gender statistics and a
database.
National Mechanisms

 The Philippine Commission of Women (PCW)

is the primary policy-making and
coordinating body.
 The Commission on Human Rights (CHR)
shall be the GAD ombud.
 The Commission on Audit (COA) shall
conduct an annual audit of GAD budgets.
 Sanctions under administrative, civil service
or relevant laws shall be imposed for
violations.
Funding for the
Magna Carta of Women:

 State agencies shall utilize their GAD

budgets (5% of total budgetary allocation)
charged against the annual appropriations of
concerned agencies.
Rights of women under the
Magna Carta of Women:

 All rights in the Philippine Constitution and

those rights recognized under international
instruments
 These rights shall be enjoyed without
discrimination since the law prohibits
discrimination against women, whether done
by public and private entities or individuals.
R.A. 9775 Anti-Child
Pornography Act of 2009
Who is a Child?
1. A person below eighteen (18) years of
age
2. Above, 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.
 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.
 WHAT IS 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.
 What is an 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
 What acts are Punishable?
 (a) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;
 (b) To produce, direct, manufacture or create
any form of child pornography;
 (c) import any form of child pornography;
 d) To possess any form of child pornography
with the intent to sell, distribute, publish,
 (e) To provide a venue for the commission of
prohibited acts;
 (f) to distribute any form of child pornography;
 (g) For a parent, legal guardian or person having
custody or control of a child to knowingly permit
the child to engage, participate or assist in any
form of child pornography;
 (h) To engage in the luring or grooming of a
child;
 (i) To engage in pandering of any form of child
pornography;
 (j) To willfully access any form of child
pornography;
 (k) To conspire to commit any of the prohibited
acts
 (l) To possess any form of child pornography.
 (g) For a parent, legal guardian or person
having custody or control of a child to
knowingly permit the child to engage,
participate or assist in any form of child
pornography;
 (h) To engage in the luring or grooming of a
child;
 (i) To engage in pandering of any form of
child pornography;
 (j) To willfully access any form of child
pornography;
 (k) To conspire to commit any of the
prohibited acts
 (l) To possess any form of child pornography.
What is Syndicated Child
Pornography
 The crime of child pornography is deemed
committed by a syndicate if carried out by a
group of three (3) or more persons conspiring
or confederating with one another and shall
be punished under Section 15(a) of this Act.
 Who May File a Complaint ?

 Any person who has personal knowledge of

the circumstances of the commission of any
offense under this Act.
 Internet Service Provider (ISP). 
 Mall Owners/Operators and Owners or Lessors of
Other Business Establishments. 
 Internet Content Host.
- Notify the Philippine National Police (PNP) or the
National Bureau of Investigation (NBI) within
seven (7) days  
- Preserve such evidence for purposes of
investigation and prosecution by relevant
authorities.
What can the LGU do?

 The local government unit (LGU) of the city

or municipality where an internet café or
kiosk is located shall have the authority to
monitor and regulate the stablishment and
operation of the same or similar
establishments in order to prevent violation
of the provisions of this Act.
 Mandatory Services to Victims of Child Pornography. - To ensure recovery,
rehabilitation and reintegration into the mainstream of society
concerned government agencies and the LGUs shall make available the
following services to victims of any form of child pornography:
 (a) Emergency shelter or appropriate housing;
 (b) Counseling;
 (c) Free legal services, which shall include information about the victim's
rights and the procedure for filing of complaints, claims for
compensation and such other legal remedies available to them in a
language understood by the child;
 (d) Medical or psychological services;
 (e) Livelihood and skills training; and
 (f) Educational assistance.
 Sustained supervision and follow through mechanism that will track the
progress of recovery, rehabilitation and reintegration of the child victims
shall adopted and carried out.
 Anti-Photo and Video
Voyeurism Act of 2009
 What is Photo or video voyeurism ?
1. means the act of taking photo or
video coverage of a person or group of
persons performing sexual act or any
similar activity or of capturing an image
of the private area of a person or persons
without the latter's consent, under
circumstances in which such person/s
has/have a reasonable expectation of
privacy,
2. selling, copying, reproducing, broadcasting,
sharing, showing or exhibiting the photo or
video coverage or recordings of such sexual act
or similar activity through VCD/DVD, internet,
cellular phones and similar means or device
without the written consent of the person/s
involved, notwithstanding that consent to
record or take photo or video coverage of same
was given by such person's.
 When Can A Person Expect Privacy?

- means believe that he/she could disrobe in

privacy, without being concerned that an image
or a private area of the person was being
captured; or circumstances in which a
reasonable person would believe that a private
area of the person would not be visible to the
public, regardless of whether that person is in a
public or private place.
What Acts are Prohibited?
 (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.
 Activity:

• Look back on your research regarding women’s issues in your chosen

women’s sector in chapter 5. Reflect on the data you have gathered and
list the laws that may be relevant to addressing these problems. Evaluate
the potential effectiveness of these policies.
 Guide Questions:

• 1. What is the advantage of a human rights approach to women’s

development?
• 2. How do international treaties provide a context for initiatives on
gender mainstreaming in the Philippines?
• 3. What are some Philippine laws or proposed bills addressing women
issues?
• 4. How would women, and the general public, benefit from policies or
laws that protect and empower women?
• 5. What are the stated aims of some Philippine women-specific policies
and guidelines mentioned in this chapter? Why? Are they necessary?