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RIGHTS ON WOMEN AND CHILDREN

IN THE PHILIPPINES

LAW COURSE SYLLABUS

Flordeliz Cabanlit-Fargas
Lyceum of the Philippines University-Cavite Campus
Summer 2019
Course Description

The Laws on Women and Children is an elective course. However, it encompasses laws
which are also incorporated in Persons and Family Relations, Criminal Law, and Labor,
among others.

Main References:

Republic Act 9710: Magna Carta for Women

Republic Act 8972: Solo Parents Act

Presidential Decree No. 603: The Child and Youth Welfare Code

Executive Order No. 209: Family Code of the Philippines

Republic Act No. 7877: Anti-Sexual Harassment Act of 1995

Republic Act 9262: Anti-Violence Against Women and their Children Act of 2004

Presidential Decree No. 442, as amended: Labor Code of the Philippines

Rule on Examination of Child Witness

Supplementary Materials:

Related Cases

Structure:

Part 1: Course Overview ; Introduction of Gender and Development Concepts; and


RA 9710

Solo Parents’ Welfare Act of 2000 ( RA 8972)

Part 2: Children’s Rights


Discussion on PD 603 and other related laws and issuances regarding
children

Part 3 RA 9262 and other related laws

Midterm Exam: Date________________

Part 4: Some Laws which are unfavorable to Women

Part 5: Labor Laws and Issuances affecting Labor and Children

Part 6: Laws and Issuances on how to deal with women and children in court
Review of Concepts and Laws
Final Exam: Date ____________

Evaluation

Class attendance is mandatory and will consist of 10 % of the final grade. Class
Participation will be graded through Graded Recitation 35% and quizzes, 25 %. Final
examination will constitute 30%

COURSE OUTLINE ON WOMEN AND CHILDREN’S RIGHTS

Part 1: Course Overview ; Introduction of Gender and Development Concepts; and


RA 9710

A. The concepts of sex and gender and how these affect women’s rights
B. Discussion on RA 9710

Part 2: Discussion on Children’s Rights


PD 603 and other related laws and issuances regarding children

A. PD 603
B. Other related laws and issuances regarding children

1. Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344) , as


further amended by the Act Strengthening the Juvenile Justice
System in the Philippines (R.A. No. 10630). Read in relation with
the Child and Youth Welfare Code (P.D. 603, as amended)

Circumstances affecting criminal liability

a. Definition of child in conflict with the law

b. Minimum age of criminal responsibility

c. Determination of age

d. Exemption from criminal liability

e. Treatment of child below age of responsibility

f. Status of offenses under Sec. 57 of R.A. No. 9344

g. Offenses not applicable to children under Sec. 58 of R.A. No. 9344

2. Anti-Child Pornography Act of 2009 (R.A. No. 9775)


a. Definition of terms
b. Unlawful or punishable acts

3. Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995)

4. Special Protection of Children Against Child Abuse, Exploitation


and Discrimination Act (R.A. No. 7610, as amended)

a. Child prostitution and other acts of abuse


a. 1. Punishable acts

a.2. Compare prosecution for Acts of Lasciviousness under


Art. 366, RPC and R.A. No. 7610, as amended

b. Obscene publications and indecent shows

b.1 Punishable act

b.2 Related Cases:

- People v. Larin, G.R. No. 128777, Oct. 7, 1998

- Alonte v. Savellano, Jr., G.R. Nos. 131652 & 131728,


March 9, 1998

- People v. Calma, G.R. No. 127126, Sept. 17, 1998

-People v. Cabalquinto, I'mG.R. No. 167692, Sept. 19,


2006

Part 3: Violence Against Women and Children Act of 2004 (RA9262)

-Community Outreach: Research on VAWC in the barangays

Related Laws and Cases:

A. RA 7877 otherwise known as the Anti-Sexual Harassment Act of 1995

B. RA 8353 or the Anti-Rape Law of 1997

C. RA 8505 Rape Victim Assistance and Protection Act of 1988


D. RA 9208: The Anti-Trafficking in Persons Act of 2003
E. RA 9775: An Act Defining the Crime of Pornography and Prescribing
Penalties Therefor
F. Garcia v. Drilon, G.R. No. 179267, 25 June 2013 on RA 9262
G. People v. Genosa, G.R. No. 135981, Jan. 15, 2004 on BWS

Midterm Exam: Date________________

Part 4: Some laws which are unfavorable to women

A. Revised Penal Code


1. Articles 333 and 334
2. Article 202
3. Article 351
4. Article 247

B. EO 209 or the Family Code


1.Article 55 (1)
2. Articles 96 and 124
3. Articles 221 and 225
4. Article 211

Recent amendment:

RA 10572 amending Articles 73 and 111 of Executive Order No. 209;

C. Related Case:

Maria Virginia V. Remo vs. The Honorable Secretary of Foreign Affairs G.R. No.
169202, March 5, 2010,

Part 5: Labor Laws and Issuances affecting Labor and Children

A. RA 6725 amending Art 135 of the Labor Code


B. Amendments on Articles 137 and 137 of the Labor Code
C. RA 7322-increase in maternity benefits
D. RA 8187-Paternity Leave Act
E. RA 8042 Migrant Workers and Overseas Filipinos Act
F. PD 2018 amending Articles 38 and 39 of the Labor Code
G. RA 7658 An Act prohibiting the employment of children below 15 years
of age
H. RA 9231, An act providing for the Elimination of the Worst Forms of
Child Labor and Affording Stronger Protection for the Working Child
-amends art. VIII on Child Labor of RA 7610

I. RA 10151: An Act Allowing Employment of Night Workers Thereby


Repealing Articles 130 and 131 of PD 4342
J. RA 10361” Domestic Workers Act or Batas Kasambahay
K. RA 9208 Anti Trafficking in Persons Act of 2003

Cases: PT&T v. NLRC G.R. No. 118978, 23 May 1997

Part 6: Laws and Issuances on how to deal with women and children in court
Review of Concepts and Laws

A. RA 8369 (October 28, 1997) An Act Establishing Family Courts, granting


Them Exclusive Original Jurisdiction Over Child and Family Cases,
Amending Batas Pambansa No. 192, as Amended, Otherwise Known as the
Judiciary Reorganization Act of 1980, Appropriating Funds Therefor and
for Other Purposes
B. A,M. No. 004-07-SC Rule on Examination of a Child Witness
C. People v. Cabalquinto, G.R. No. 167693 September 19, 2006 on
confidentiality of court records

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