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Philippine Laws on Women

Francis Don L Nero

Saint Louis University


This paper presents and discusses the existing laws on women in the Republic of the

Philippines. The different laws are categorized through the following:

W-elfare and Health

O-fficials/Office in the Government

M-arriage/Family

E-mployment/Labor

N-ational Women’s Day, NCRFW, Nation Building

elfare and Health. This section deals with the different laws of the Philippines which

W looks after the social welfare and health of every woman in the country. These laws

include the Republic Acts No. 6955, 6972, 7305, 7600, 7688, 7875, 7884, 8353, 8505, 8551,

9208, and 9262.

A. Republic Act No. 6955

One law in the Philippines which protects the social welfare of women is the

Republic Act No. 6955 which was approved by President Corazon C. Aquino on June 13,

1990 declaring unlawful the practice of matching Filipino Women to foreign nationals on

a mail order basis and other similar practices. The Republic Act No. 6955 is

"An Act to Declare Unlawful the Practice of Matching Filipino Women for

Marriage to Foreign Nationals on Mail-Order Basis and other Similar Practices,

Including the Advertisement, Publication, Printing or Distribution of Brochures,


Fliers and Other Propaganda Materials in Furtherance Thereof and Providing

Penalty Therefor"

This law was enacted as a result of stories in the local media about Filipinas being

abused by their foreign husbands. Because of this, Filipinas often use "reverse

publications" – publications in which men advertise themselves – to contact foreign men

for marriage to Filipina women. In 2009, the Commission on Filipinos Overseas (CFO)

had just three active cases open against marriage brokers; there were no cases between

2003 and 2007 (Fonbuena, 2009). It has been used occasionally to combat forced

marriage and human trafficking; while its penalties are weaker than those of Republic

Act 9208 (the 2003 Anti-Trafficking in Persons Act), cases under it may be easier to

prove in the slow and inefficient Philippine judicial system (IRIN Asia, 2009). In April

2009, Philippine ambassador to South Korea Luis Cruz estimated 6,000 Filipinas had met

South Korean spouses through matchmaking agencies. Some of these brides have

complained of domestic violence or false information regarding their partner’s

background (Santos, 2009).

The purpose of the Republic Act No. 6955 is to protect Filipino Women from

being exploited in utter disregard of human dignity in their pursuit of economic

upliftment.

B. Republic Act No. 6972

The Republic Act No. 6972 is also known as the "Barangay-Level Total

Development and Protection of Children Act". This Act establishes day care centers in
every barangay to free women for other activities such as taking a job or going back to

school since this is

"An Act Establishing a Day Care Center in Every Barangay, Instituting

Therein a Total Development and Protection of Children Program, Appropriating

Funds Therefor, and for Other Purposes"

The Republic Act No. 6972 was approved by President Corazon C. Aquino on

November 23, 1990 with program that includes monitoring of births, completion of the

immunization series for common childhood illnesses, and growth and nutritional

monitoring. It also provides for a sanctuary for abused or neglected children as well as a

referral and support system for pregnant mothers, including the training of hilots.

Glynn and Farrel (2013) has identified that in the United States, most families

currently have three options for securing child care. First, parents can stay at home and

care for their children themselves. But this is increasingly difficult, as most families now

rely on two breadwinners to stay above water. Second, parents can pay for child care out

of pocket but this approach is very costly for families. The third option for families is to

use federal- or state-funded child care, but access to any publicly funded program, let

alone a high-quality program, is very limited.

In the Philippines, there are lots of mothers who are the breadwinner of their

families. Aside from that, single parent who are mothers need also to wor for their child.

The presence of the daycare institution in the country would help these mothers take care

of thier child as the mothers go in their work.


C. Republic Act No. 7305

"The Magna Carta of Public Health Workers" or the Republic Act No. 7305

which was approved on March 26, 1992 grants additional benefits to public health

workers which the majority of whom are women. It aims to promote the social and

economic well-being of health workers and to develop their skills and capabilities. It also

allows public health worker couples to be employed or assigned in the same municipality,

thereby ensuring that married female public health workers are not forced to choose

between family and career.

This law defines and sets the standards and terms of employment of a public

health worker, including rights, hours of work, and compensation and benefits. Section 9

specifically prohibits discrimination against a public health worker with regard to gender,

civil status, creed, religious or political beliefs and ethnic groupings in the exercise of

his/her profession.

However, Antonio (2013) discussed some observations on this law. He noted that

the Republic Act No. 7305 mandates the payment of additional cash incentives and

allowances to health workers. However, implementation of this provision has been

uneven in the two decades since it was passed into law. Not all government agencies are

implementing the law nor is it being fully implemented among agencies that have

adopted the legislation due to insufficiency of funds. Further compounding the issue is

the confusion as to who constitutes public health workers and, therefore, who are entitled

to its benefits, resulting to a perception that it has become a milking cow of some public

health workers. Finally, monitoring of policy implementation has been generally weak.
D. Republic Act No. 7600

In June 2, 1992, the Republic Act No. 7600 was enacted to provide incentives to

all government and private health institutions with rooming-in and breastfeeding

practices. This act is also known as "The Rooming-In and Breastfeeding Act of 1992".

This law is

"An Act Providing Incentives to All Government and Private Health

Institutions With Rooming-In and Breastfeeding Practices and for Other

Purposes".

This Act provides an environment where basic physical, emotional, and

psychological needs of mothers and infants immediately after birth are fulfilled through

the practice of rooming-in and breastfeeding. This law is in furtherance of the State

policy to encourage the practice of breastfeeding. Notably, it provides that the expenses

incurred by a private health institution in complying with its provisions are deductible

expenses for income tax purposes. Also, government health institutions are given

additional appropriations equivalent to the savings they may derive as a result of

complying with the provisions of this law.

Domdom (2012) highlighted that this law served as the legal basis for the Mother-

Baby Friendly Hospital Initiative (MBFHI). The law says that newborn infants delivered

normally should be placed on the mother’s breast immediately after birth and roomed-in

within 30 minutes. If the infant was delivered by Caesarian section, the infant should be

breast-fed and roomed-in within three to four hours after delivery.


The global strategy’s major recommendation was for infants to be exclusively

breast-fed for the first 6 months of life. This means that no other food or drink, not even

water, except breast milk (including milk expressed or from a wet nurse) must be given to

the infant for six months, but allows the infant to receive oral rehydration solution (ORS)

drops and syrups (Domdom, 2012).

E. Republic Act No. 7688

Republic Act No. 7688 which was approved by President Fidel V. Ramos on

March 3, 1994, is an

"An Act Giving Representation to Women in the Social Security

Commission, Amending for the Purpose Section 3(a) of Republic Act No. 1161, As

Amended"

More specifically, this Act provides that of the seven appointive members of the

commission, at least two shall be women. Of these seven appointive members, three shall

come from the labor sector, and at least one of them shall be a woman; three shall come

from the management sector and at least one of them shall be a woman; and one shall

come from the general public.

F. Republic Act No. 7875

Republic Act No. 7875 as approved by President Fidel V. Ramos on February 14,

1995, is known as the "National Health Insurance Act of 1995". It is


"An Act Instituting a National Health Insurance Program for All Filipinos

and Establishing the Philippine Health Insurance Corporation for the Purpose"

The NHI Law establishes the Philippine Health Insurance

Corporation (PhilHealth) which institutes a National Health Insurance Program for all

Filipinos and creates the Philippine Health Insurance Corporation and the National

Health Insurance Fund. It also aims to improve the implementation and coverage of the

old Medicare program by including the self-employed and the poor who cannot otherwise

avail of health insurance.

It also provides for a system of grievance and appeal wherein members,

dependents or health care providers may seek redress if they think that they have been

aggrieved by any decision of the implementors of the Program, and provides penalties for

violations of its provisions. Significantly, section 2 of this Republic Act recognizes that

priority should be given to the needs of the underprivileged, sick, elderly, disabled,

women and children, and that free medical care should be given to paupers.

G. Republic Act No. 7884

Republic Act No. 7884 is a law creating the National Dairy Authority in

the Philippines and was approved on February 20, 1995 with the goal of accelerating the

development of the dairy industry in the country. It also provides for a dairy development

fund. This is

"An Act Creating the National Dairy Authority to Accelerate the

Development of the Dairy Industry in the Philippines, Providing for a Dairy

Development Fund, and for Other Purposes"


This Republic Act is also known as the "National Dairy Development Act of

1995”. It encourages the participation of women’s groups in dairy and dairy-related

projects including dairy animal health care, village nutrition schemes, community-based

processing and marketing of milk and dairy products. Notably, one of the objectives in

this law is the enhancement of the nutritional intake of children and mothers through

local milk products. This law also specifically provides for the encouragement of

participation of women and women's groups in dairy production and dairy-related

projects.

H. Republic Act No. 8353

Also known as the Anti-Rape Law of 1997 the Republic Act No. 8353, is a

landmark legislation for Filipino women because it provided for a broader definition of

the crime of rape and reclassifying it from a Crime Against Chastity to a Crime Against

Persons. It was signed into law by President Fidel V. Ramos on September 30, 1997, and

became Article 266-A to 266-D under Crimes Against Persons (Title Eight) of

the Revised Penal Code of the Philippines on October 22, 1997.

"An Act Expanding the Definition of the Crime of Rape, Reclassifying the

Same as a Crime Against Persons, Amending for the Purpose Act No. 3815, as

Amended, Otherwise Known as the Revised Penal Code, and for Other Purposes"

(Also known as the "Anti-Rape Law of 1997") - This reclassifies rape from a

"crime against chastity" to a "crime against persons."

The crime of rape, under the old provisions of the Revised Penal Code, was

considered a "Crime Against Chastity," implying that only "virtuous" or "chaste" women
can be victims of rape. More emphasis was placed on the "loss of chastity" of a woman or

the denigration of her "value" and the staining of her honor, rather than a violation of her

being. It was considered a private crime, and only the injured party or specific family

members could file a complaint against the perpetrator. Even then, most rape survivor-

victims kept quiet about their violation, because prosecution of the case leads to

embarrassment, as the defense-respondents often sought to prove that the victim was not

"chaste"--thus no rape occurred.

During the first semester of 1999 alone, there were 2,393 children who fell prey to

rape, attempted rape, incest, acts of lasciviousness and prostitution. As of 2006, Rape

continued to be a problem, with most cases going unreported. During the year, the PNP

reported 685 rape cases. There were reports of rape and sexual abuse of women in police

or protective custody—often women from marginalized groups, such as suspected

prostitutes, drug users, and lower income individuals arrested for minor crimes. The

situation continued in 2007, with the number of reported rape cases increasing to 879

(Wikipedia, 2013).

The Anti-Rape Law of 1997 sought to remedy the failings of the old provisions of

the law by reclassifying rape as a Crime Against Persons, thus making it a public crime.

This meant that anyone who knew about the crime could file a complaint against the

offender, and even if the victim later pardoned the offender or dropped the case,

prosecution of the case could still continue.

It broadened the definition of the crime of rape, made marital rape punishable,

and provided certain circumstances wherein rape was considered a heinous crime

meriting the death penalty.


I. Republic Act No. 8505

Republic Act No. 8505, known as the Rape Victim Assistance and Protection Act

of 1998, is an

"An Act Providing Assistance and Protection for Rape Victims,

Establishing for the Purpose a Rape Crisis Center in Every Province and City,

Authorizing the Appropriation of Funds Therefor, and for Other Purposes"

This Republic Act directs the Department of Social Welfare and

Development (DSWD), the Department of Health (DOH), the Department of Interior and

Local Government (DILG), the Department of Justice (DOJ), and a lead non-government

organization to establish in every province and city a Rape Crisis Center located in a

government hospital, health clinic or any suitable place. It was approved by

President Fidel V. Ramos on 13 February 1998.

The Philippine Commission on Women (1999) stated that due to cultural and

social stigmatization associated with rape, many women victims prefer to maintain

their silence and not report their ordeal to the authorities. But through the provision of

suitable legal support and health services, it is hoped that women victims of rape be

encouraged to come forward for proper intervention and justice to be served

accordingly.
J. Republic Act No. 8551

Known as the Philippine National Police Reform and Reorganization Act of 1998,

amended certain provisions of Republic Act No. 6975 the Republic Act No. 8551is

entitled

"An Act Providing for the Reform and Reorganization of the Philippine

National Police and for Other Purposes, Amending Certain Provisions of

Republic Act Numbered Sixty-Nine Hundred and Seventy-Five Entitled, 'An Act

Establishing the Philippine National Police Under a Re-Organized Department of

the Interior and Local Government, and for Other Purposes'"

It provided for the reorganization and reform of the Philippine National Police. It

strengthened the National Police Commission (NAPOLCOM) and the People's Law

Enforcement Board (PLEB), which were established under R.A. 6975. It also created

the Internal Affairs Service of the PNP and provided for the creation of Women's

Desks in all police stations throughout the country.

The Women's Desks of the Philippine National Police was established by virtue

of Republic Act No. 8551, otherwise known as the Philippine National Police Reform

and Reorganization Act of 1998, to administer and attend to cases involving crimes

against chastity, sexual harassment, abuses committed against women and children and

other similar offenses.

Pursuant to Republic Act No. 8551, mandating the establishment of Women's

Desks in all police stations, a total of 1,669 Women and Children's Desks have been
established as of 2001, manned by 2,259 PNP personnel. On March 9, 2006, President

Gloria Macapagal-Arroyo ordered the Department of Budget and Management (DBM)

and the Philippine National Police (PNP) to expedite the recruitment of 400 new

policewomen or "lady cops" to strengthen the Women’s Desk in the country’s police

stations (Wikipilipinas, n.d.).

K. Republic Act No. 9208

Republic Act No. 9208, otherwise known as "Anti-Trafficking in Persons Act of

2003," is

“An Act to Institute Policies to Eliminate the Trafficking in Persons

Especially Women and Minors, Establishing the Necessary Institutional

Mechanism for the Protection and Support of Trafficked Persons, Providing

Penalties for its Violations, and Other Purposes"

It provided for the establishment of the Inter-Agency Council Against

Trafficking tasked to monitor the implementation of, and compliance with, the Act. It

defines the various acts and other forms of trafficking in persons, considers such acts as

crimes against persons, and imposes stiffer penalties and sanctions. Furthermore, it

entitles victims to privacy rights, legal protection, and witness protection programs.

A 1997 report put the number of child victims of prostitution at 75,000 in the

Philippines with other estimates saying as many as 100,000. There are estimated to be

375,000 women and girls in the sex trade in the Philippines, mostly between the ages of

15 and 20, though some are as young as 11(Wikipedia, 2013).


Wikipedia (2013) cited that the Vatican stated that the Philippines has a serious

trafficking problem of women and children illegally recruited into the tourist industry for

sexual exploitation. Destinations within the country are Metro Manila, Angeles City,

Olongapo City, towns in Bulacan, Batangas, Cebu City, Davao and Cagayan de Oro City

and other sex tourist resorts such as Puerto Galera, which is notorious, Pagsanjan,

Laguna, San Fernando Pampanga, and many beach resorts throughout the country.

L. Republic Act No. 9262

The United Nations General Assembly defines "violence against women" as "any

act of gender-based violence that results in, or is likely to result in, physical, sexual or

mental harm or suffering to women, including threats of such acts, coercion or arbitrary

deprivation of liberty, whether occurring in public or in private life." The 1993

Declaration on the Elimination of Violence Against Women noted that this violence

could be perpetrated by assailants of either gender, family members and even the "State"

itself (Wikipedia, n.d.)

Cited as Anti-Violence Against Women and their Children Act of 2004, the

Republic Act No. 9262 is

"An Act Defining Violence Against Women and Their Children, Providing

for Protective Measures for Victims, Prescribing Penalties Therefor and for

Other Purposes"

This republic act also establishes an Inter-Agency Council on Violence Against

Women and Their Children tasked to formulate programs to eliminate such acts of
violence, as well as to develop capability programs for their employees to become more

sensitive to their client's needs. It also recognizes battered woman syndrome as a valid

defense, notwithstanding the absence of any of the elements for justifying circumstances

of self-defense.

O ffice in the Government. This section deals with the different laws of the Philippines

which deal with women who hold any position and work in any government offices in

the country. These laws include Act No. 4112, the Republic Acts No. 7160, 7941, 3835, and

Commonwealth Act No. 625.

A. Act No. 4112

This Act, which made Filipino women the first to obtain the right of suffrage

in Asia, was approved by President Manuel L. Quezon on December 7, 1933. Act No.

4112 is an

"An Act to Amend Section Four Hundred and Thirty-One of the

Administrative Code, As Amended, By Granting the Right of Suffrage to the

Women and Making Them Eligible to All Public Offices, and for Other Purposes"

In 1907, Pura Villanueva Kalaw encouraged Assemblyman Filemon

Sotto of Cebu to present a bill on women’s suffrage before the first Philippine

Assembly in 1907. The bill was not passed, however. The legislature finally passed the

suffrage bill in 1933, but it was repealed by the Constitutional Convention the following

year. Instead, the 1935 Constitution called for a plebiscite requiring the positive vote of at
least 300,000 women. Of the 492,725 Filipino women who went to the polls on April 30,

1937, 447,725 voted for enfranchisement.

The members of the 1935 Constitutional Convention limited the right of suffrage

to male citizens because of the belief that there was no popular demand for the right of

suffrage by Filipino women themselves. At that time, it was also claimed that granting

women the right to vote would cause disruption in family unity as the women would

become actively engaged in politics. But the proponents of the bill on women's suffrage

argued that the right to vote would make women more interested in the management of

the affairs of the government. Among the many Filipino women who fought for women's

right to vote are Pura Villanueva Kalaw, Librada Avelino, Concepcion Felix Rodriguez,

Encarnacion Versoza, Pilar Hidalgo Lim, Rosa Sevilla Alvero, Rosario Lam, Josefa

Llanes Escoda, Natividad Almeda Lopez, Minerva Guysayko Laudico and Tarhata Putri

Kiram. First Lady Aurora Aragon Quezon convinced her husband to sponsor a suffrage

bill when he was Senator, and later to sign the bill as President (Wikipilipinas, 2013).

B. Commonwealth Act No. 625

One law in the Philippines (Philippine nationality law) is based upon the

principles of jus sanguinis and therefore descent from a parent who is a citizen/national

of the Republic of the Philippines is the primary method of acquiring Philippine

citizenship. Birth in the Philippines to foreign parents does not in itself confer Philippine

citizenship, although RA9139, the Administrative Naturalization Law of 2000, does

provide a path for administrative naturalization of certain aliens born on Philippine soil

(Jus soli) (Wikipedia, 2013).


This Act provides for the implementation of the jus sanguinis rule on citizenship,

thus recognizing that a child who has at least one Filipino parent, regardless of whether it

is his mother or his father, may elect to be a Filipino citizen. It specifically disregards the

rule followed by other countries that a child automatically follows his father's citizenship.

In this, it is favorable to Filipino women married to foreigners who may nevertheless

want their child to acquire Filipino citizenship. Specifically, this is

"An Act Providing the Manner in Which the Option to Elect Philippine

Citizenship Shall Be Declared by a Person Whose Mother is a Filipino Citizen"

Therefore, Commonwealth Act No. 625 is an Act that provides for the manner by

which a person whose mother is a Filipino citizen may opt to elect Filipino citizenship. It

also imposes a penalty on anyone found guilty of fraud in making the statements required

by its provisions.

C. Republic Act No. 7160

Participation of Filipino women in Philippine politics was encouraged during the

Beijing Declaration in 1995 at the United Nations' Fourth World Conference on Women.

In February 2005, however, a United Nations review on the progress of Philippine

women and their role in politics revealed that despite "an increase in the quality of female

politicians, there was not enough increase in" the number of women participants in

government activities. From 1992 to 2001, Filipino women had been elected as local

chief executives, functioning as mayors, governors, and captains of villages (Wikipedia,

2013).
The Local Government Code, or Republic Act No. 7160, establishes the system

and powers of provincial, city, municipal and barangay governments in the Philippines. It

is the governing law on local governments. Specifically, this is

"An Act Providing for a Local Government Code of 1991" - The Local

Government Code has been amended to provide seats for women in all of the

1,600 local legislative assemblies nationwide.

It also empowers local governments to enact local tax measures, including real

property taxes. It further assures the local governments a share in the national internal

revenue.

D. Republic Act No. 7941

The Republic Act 7941 provides for the election of party-list representatives

through the party-list system and the inclusion of women in the sectoral party list.

“An Act Providing for the Election of Party-List Representatives Through

the Party-List System, and Appropriating Funds Therefor”

One known female political partylist in the Philippines is the Gabriela. In a

statement, Ilagan and De Jesus who are their representatives said they would also

“actively oppose moves to privatize government hospitals and persist in the fight against

the high prices of oil, utilities and basic commodities, and… continue to oppose foreign

intervention and rise against poverty and violence” (Nawal, 2013).


E. Republic Act No. 3835

The Philippine history is replete with exploits of women who, not only are

fighters, but who excel in other fields of endeavor that are dominated by men. It is in this

context that women became part of it. They had their gigantic share to the military efforts

– whether in the battlefields or behind the fighting lines. Among these breed of new

Filipino are the women-soldiers of the AFP. They have become down-to earth, practical,

and industrious, without sacrificing their gracious femininity. They stand ready to work

diligently, not minding their own personal comfort for public cause, not out of spirit of

rivalry with men or to exalt the cult of feminine superiority, nor for some political

purpose but, in a constructive side-by side partnership with their male comrades in the

service of our country and people (Policarpio, 2005).

One law in the Philippines pertains to women in the military. The Republic Act

3835 as amended by Presidential Decree 1043 is

"An Act to Establish the Women's Auxiliary Corps in the Armed Forces of

the Philippines, to Provide the Procurement of its Officers and Enlisted

Personnel, and for Other Purposes


M
arriage and Family. This section deals with the different existing laws in the

Philippines which regards about women on marriage and her family. It includes the

Act No. 3753, Executive Order No. 209, Presidential Decree No. 1083, and Republic

Acts 8171, 8369, and 8972.

A. Act No. 3753

Act No. 3753, also known as the “Law on Registry of Civil Status”, was approved

on November 26, 1930. This act establishes a civil register for the purpose of recording

the civil status of persons, more specifically births, deaths, marriages, annulments,

divorces, legitimations, adoptions, acknowledgments of natural children, naturalizations,

and changes of name. It designates the director of the National Library as Civil Registrar

General, designates who shall be local civil registrars, and states their powers and

functions. The Act also states procedures for registering the civil status of persons,

decrees that the documents registered are public documents, and prescribes penalties for

violations of its provisions.

Significantly, this Act protects the "traditional family": father, mother, and child.

It does not include in its protection any other "family" that does not follow the traditional

form, such as same-sex relationships or single parents. It also discriminates to some

degree against single mothers, as it provides, among others, that if the father refuses to

acknowledge an illegitimate child, the mother cannot state his name or indicate his

identity in any way in the child's birth certificate.


B. Executive Order No. 209

“The Family Code of the Philippines”, or Executive Order No. 209, was enacted

into law by President Corazon C. Aquino on July 6, 1987. It was intended to supplant

Book I of the Civil Code of the Philippines concerning persons and family relations. The

work on the provisions of the Family Code began as early as 1979, and had been drafted

by two (2) successive committees, the first committee was headed by Supreme Court

Justice Flerida Ruth Romero, and the second was chaired by Supreme

Court Justice J.B.L. Reyes. The need was seen to amend the Civil Code through the

Family Code in order to, among others, change certain provisions implanted from foreign

sources which had proved unsuitable to Filipino culture; and to attune to contemporary

developments and trends.

The Family Code covers fields of significant public interest, especially the law

on marriage. It contains, among others, the definition and requisites for marriage, as well

as the grounds for its annulment. It also contains the law on conjugal property relations,

the rules on establishing filiation, and the governing provisions on support, parental

authority, and adoption.

The current version of the Family Code of the Philippines was amended in

February 23, 1998 by Executive Order No. 227 and Republic Act No. 9225.

C. Presidential Decree No. 1083

Presidential Decree No. 1083, also known as the Code of Muslim Personal Laws

of the Philippines, is a law that recognizes the legal system of the Muslims in

the Philippines as part of the law of the land and seeks to make Islamic institutions more
effective, codifies Muslim personal laws, and provides for an effective administration and

enforcement of Muslim personal laws among Muslims. It was promulgated

by President Ferdinand Marcos on February 4, 1977 to finalize

"A Decree to Ordain and Promulgate a Code Recognizing the System of

Filipino Muslim Laws, Codifying Muslim Personal Laws, and Providing for Its

Administration and for Other Purposes"

This Presidential Decree creates Shari'a courts tasked with the resolution of

disputes that may arise under its provisions, and allows these courts to create Agama

Arbitration Councils in appropriate instances. It creates the office of Jurisconsult in

Muslim law, which has the authority to render legal opinions on matters concerning

Muslim law. It also recognizes five Muslim legal holidays and provides for their proper

observance. It defines what constitutes communal property and customary contracts in

accordance with Muslim law, and provides for the effects of conversion to Islam. It also

penalizes offenses and violations of its provisions.

Notably, PD 1083 provides only for Muslim personal laws, e.g. marriage, divorce,

and succession, and not for other Muslim laws. It specifically recognizes the validity of

divorce among Muslims, although divorce is not allowed between other Filipinos. It also

recognizes polygamy in accordance with Muslim law, such that persons married in

accordance with its provisions shall not be liable for bigamy.

D. Republic Act No. 8171

Republic Act No. 8171 is a law that provides for the repatriation

of Filipino women who have lost their Philippine citizenship by virtue of their marriage
to alien nationals, and of natural-born Filipinos who have lost their Philippine citizenship

by reason of political or economic necessity, including their minor children. It is

"An Act Providing for the Repatriation of Filipino Women Who Have Lost

Their Philippine Citizenship by Marriage to Aliens and of Natural-Born

Filipinos"

This is under the condition that they are not opposed to organized government,

they do not have terrorist leanings, they have not been convicted of moral turpitude, and

they do not have mental alienation or incurable contagious disease. The Act also provides

for the procedure of repatriation.

This Republic Act lapsed into law without the signature of the President on

October 23, 1995, in accordance with the 1987 Constitution.

E. Republic Act No. 8369

"An Act Establishing Family Courts, Granting them Exclusive Original

Jurisdiction over Child and Family Cases, Amending Batas Pambansa Blg. 129,

as amended, Otherwise Known as the Judiciary Reorganization Act of 1980,

Appropriating Funds Therefor and for other Purposes"

Republic Act No. 8369, known as the Family Courts Act of 1997, establishes the

family courts of the Philippines, granting them exclusive original jurisdiction over Child

and Family Cases, amending Batas Pambansa Blg. 129 (Judiciary Reorganization Act of

1980), and appropriating funds for its implementation. It establishes the Social Services

and Counseling Division (SSCD), which shall provide appropriate social services to all

juvenile and family cases filed with the court.


The Act was signed by President Fidel V. Ramos on October 28, 1997.

F. Republic Act No. 8972

"An Act Providing for Benefits and Privileges to Solo Parents and their

Children, Appropriating Funds Therefor and for Other Purposes" (Also known as

Solo Parents Welfare Act of 2000)

Republic Act No. 8972, known as "Solo Parents Welfare Act of 2000," aims to

develop a comprehensive program of social development and welfare service for solo

parents and their children to be carried out by the Department of Social Welfare and

Development (DSWD), the Department of Health (DOH), the Department of Education,

Culture and Sports (DECS), the Department of the Interior and Local

Government (DILG), the Commission on Higher Education (CHED), the Technical

Education and Skills Development Authority(TESDA), the National Housing

Authority (NHA), the Department of Labor and Employment (DOLE), and other related

government and non-government agencies.


mployment and Economic. This section pertains to the different Philippine laws on

E women with regards to their employment and economic status. These laws include

Commonwealth Act No. 647, Presidential Decree No. 148, Republic Acts 1564, 6237,

2714, 6657, 6725, 7322, 7882, 8042, 8187.

A. Commonwealth Act No. 647

Commonwealth Act No. 647 is a Philippine law granting maternity leave to

married women who are government employees. Approved on June 14, 1941, it is

"An Act to Grant Maternity Leave to Married Women Who Are in the

Service of the Government or of Any of Its Instrumentalities"

The law grants sixty days of maternity leave to married women who are

permanently or temporarily appointed in the service of the government or of any of its

instrumentalities, in addition to the vacation and sick leave that they already have. The

law also provides for the employment of temporary workers to take the place of women

on maternity leave, and states that the department head shall avoid giving strenuous work

to pregnant women.

B. Presidential Decree No. 148

"Amending Further Certain Sections of Republic Act Numbered Six

Hundred Seventy-Nine as Amended, Commonly Known as The Woman and Child

Labor Law"

Presidential Decree No. 148, issued on March 13, 1973 by President Ferdinand

Marcos, is a presidential decree amending certain sections of Republic Act No. 679, or
the Woman and Child Labor Law, which was repealed by Presidential Decree No. 442,

the Labor Code of the Philippines, on May 1, 1974. Parts of this decree, however, were

incorporated into the Labor Code.

The Labor force; female (% of total labor force) in Philippines was last reported at

38.80 in 2010, according to a World Bank report published in 2012. Female labor force

as a percentage of the total show the extent to which women are active in the labor force.

Labor force comprises people ages 15 and older who meet the International Labour

Organization's definition of the economically active population.This page includes a

historical data chart, news and forecasts for Labor force; female (% of total labor force)

in Philippines (Trading Economics, n.d.).

C. Republic Act No. 1564

Taking effect on June 16, 1951, the Republic Act No. 1564 is an act that

amended Commonwealth Act No. 647 which is

"An Act Granting Maternity Leave to Women in Government Service Under

Temporary Appointments Who Have Rendered Less Than Two Years of Service, by

Amending Commonwealth Act Numbered Six Hundred and Forty-Seven as Amended"

Maternity leave is very important to mothers. Melnick (2011) stressed that women

with 3-month-old infants who worked full time reported feeling greater rates of

depression, stress, poor health and overall family stress than mothers who were able to

stay home (either because they didn’t have a job or because they were on maternity

leave).
D. Republic Act No. 2714

"An Act to Establish in the Department of Labor a Bureau to be Known as

Women and Minors Bureau"

Republic Act No. 2714 is an Act that provides for the creation of the Women and

Minors Bureau in the Department of Labor under the executive authority of a Director,

and granting the powers and duties of the bureau. Under this Act, the Women and Minors

Division of the Bureau of Labor Standards is abolished and its functions, records,

equipment, funds and personnel are transferred to the new Women and Minors Bureau.

This Republic Act was approved on June 18, 1960.

E. Republic Act No. 6237

As approved on June 19, 1971, the Republic Act No. 6237 is

"An Act Further Amending Republic Act Numbered Six Hundred Seventy-

Nine, as Amended by Republic Act Numbered Eleven Hundred Thirty-One”

The Republic Act No. 679, is also known as the Woman and Child Labor Law.

F. Republic Act No. 6657

Republic Act No. 6657 is also known as the "Comprehensive Agrarian Reform

Law of 1988". It was signed into law by President Corazon Aquino on June 10, 1988.

"An Act Instituting a Comprehensive Agrarian Reform Program to

Promote Social Justice and Industrialization Providing the Mechanism for Its

Implementation, and for Other Purposes" - This act guarantees and assures equal
rights to land ownership, equal share on farm produce and representation in

advisory or appropriate decision-making bodies to qualified women.

This Republic Act provides for the creation of the Comprehensive Agrarian Reform

Program (CARP). It provides for a system of acquisition of lands and compensation therefor,

identifies the qualified beneficiaries, sets retention limits for landowners and also defines the

parameters for the redistribution of lands to qualified beneficiaries.

The CARL provides for special areas on concern in its Chapter X. Among these

special areas, to be given due consideration in the distribution and ownership of land and

representation in decision-making bodies, are subsistence fishermen, veterans and retirees,

agriculture graduates, and rural women.

G. Republic Act No. 6725

Republic Act No. 6725, approved on May 12, 1989, is an act

"An Act Strengthening the Prohibition on Discrimination Against Women

With Respect to Terms and Conditions of Employment, Amending for the Purpose

Article One Hundred Thirty-Five of the Labor Code, as Amended"

This act strengthens the prohibition of discrimination against women in

employment, promotion and training opportunities.

Sexual discrimination against women in the workplace has been making news

headlines for years, but the history’'s largest civil rights lawsuit has just been certified

that has the potential to change the job environment for all women. The Courts and legal

practitiones should remain vigilant that the magna carta and treaties for protection of
women against sexual discrimination in the workplace is implemented in accordance with

the visions and spirit of the laws (Dillomes, 2011).

H. Republic Act No. 7322

This Act increases maternity benefits of women workers in the private sector from

a 45-day to 60-day benefit equivalent.

"An Act Increasing Maternity Benefits in Favor of Women Workers in the

Private Sector, Amending for the Purpose Section 14-A of Republic Act No. 1161,

as Amended, and for Other Purposes"

Republic Act No. 7322, signed by President Corazon Aquino on March 3, 1992,

which also states that the benefits provided for in the act does not diminish the existing

benefits already provided for in existing laws and private agreements.

I. Republic Act No. 7882

This provides assistance to women, particularly those who own small businesses

and those who have proven themselves to have good track records in their respective

businesses, in order to fully harness the talents and skills of our female labor force.

"An Act Providing Assistance to Women Engaging in Micro and Cottage

Business Enterprises, and for Other Purposes"

Republic Act No. 7822, approved on February 20, 1995, is an act providing for

assistance to Filipino women who are engaged in micro and cottage enterprises. It covers

all women who are citizens of the Philippines and at least 18 years of age, regardless of
civil status. It gives those women who are engaged in business in the micro and cottage

industries, as well as those women who are certified by the Technical Education and

Skills Development Authority (TESDA) to have engaged in the appropriate training and

are qualified to engaged in the said industries, priority in obtaining loans

fromgovernment financing institutions for the purchase of equipment, tools and materials

for their business. The Act prohibits the mortgage or encumbrance of such equipment

procured through the loan while the loan is not yet fully paid, and also prohibits refusal or

delay, without justifiable cause, in granting the loans, providing penalties for the

violations of these prohibitions.

The function of accomplishing the objective of the act is given to the Bureau of

Small and Medium Business Development of the Department of Trade and Industry.

J. Republic Act No. 8042

This Act states that although it is the policy of the State not to promote overseas

employment as a means for sustaining economic growth and national development, it

recognizes the contributions of overseas workers to the economy and provides for more

protection and assistance for migrant workers and overseas Filipinos. It expands the

definition of illegal recruitment so that even a licensee may be liable for illegal

recruitment, and gives the government the power to place a ban on the deployment of

migrant workers when national interest or public welfare warrants.

Under this Act, labor arbiters are vested with the jurisdiction on money claims of

migrant workers arising from employer-employee relationships. The Act imposes a

deadline for the resolution of such cases, prescribes penalties for violations of any of its
provisions, and carries the effect of repealing laws, decrees, executive orders, rules and

regulations, or parts thereof, which are inconsistent with it (Wikipilipinas, n.d.).

It also expressly provides that the date of its approval by the President, June 7,

1995, will be celebrated as Migrant Workers Day.

"An Act to Institute the Policies of Overseas Employment and Establish a

Higher Standard of Protection and Promotion of the Welfare of Migrant Workers,

Their Families and Overseas Filipinos in Distress, and Other Purposes"

This Act authorizes the granting of small loans to women for the purchase of

necessary tools or equipment for the businesses of their choice, and provides free

technical training under the National Manpower and Youth Council (NMYC),

now TESDA.

This Republic Act expressly calls for gender-sensitivity in the formulation and

interpretation of policies affecting migrant workers, and recognizes the equality of

women and men before the law, the contributions of women migrant workers, and the

significant role of women in nation-building. It mandates that the Philippine Overseas

Employment Administration and Overseas Workers Welfare Administration Boards

should each have a member from the women's sector, and that at least one of the two

sectoral representatives of migrant workers in Congress should come from the women's

sector (Wikipedia, n.d.).


K. Republic Act No. 8187

This Act allows every married male employee in the private and public sectors to

not work for seven days but continue to earn compensation on the condition that his

legitimate spouse has delivered a child or suffered a miscarriage, for purposes of enabling

him to effectively lend support to his wife in her period of recovery and/or in the nursing

of the newly-born child.

"An Act Granting Paternity Leave of Seven (7) Days With Full Pay to All

Married Employees in the Private and Public Sectors for the First Four (4)

Deliveries of the Legitimate Spouse With Whom He is Cohabiting and for Other

Purposes" (Also known as the Paternity Leave Act of 1996)

Signed by President Fidel V. Ramos on June 11, 1996, this Republic Act also

directs the Secretary of the Department of Labor and Employment, the Chairman of

the Civil Service Commission and the Secretary of the Department of Health to

promulgate rules and regulations for its proper implementation, and provides penalties for

violations of its provisions and of the rules and regulations. It has a nondiminution clause

which states that none of its provisions shall be understood to diminish already existing

benefits conferred by law or by private contract (Wikipilipinas, n.d.).

Under this law, "delivery" does not only mean that the employee's spouse has

given birth. It also covers the instance where the employee's spouse has suffered a

miscarriage. Significantly, the purpose of this law is to enable the male employee "to

effectively lend support to his wife in her period of recovery and/or in the nursing of the

newly-born child" (Wikipedia, n.d.).


N ational Women’s Day, NCRFW, Nation Building. This section pertains to Philippine

laws on women with a general purpose. It includes Republic Act No. 6949, 7192, and

Presidential Decree No. 633.

A. Republic Act No. 6949

Republic Act No. 6949, approved on by President Corazon C. Aquino on April

10, 1990, is

"An Act to Declare March Eight of Every Year as a Working Special

Holiday to be Known as National Women's Day"

To ensure meaningful observance of the holiday, the law directs all heads of

government agencies and instrumentalities, including government-owned and controlled

corporations as well as local government units, and employers in the private sector to

encourage and afford sufficient time and opportunities for their employees to engage and

participate in any activity conducted within the premises of their respective offices or

establishments to celebrate the National Women's Day (Wikipilipinas, n.d.).

B. Presidential Decree No. 633

This is a decree "Creating a National Commission on the Role of Filipino Women"

(NCRFW). The National Commission on the Role of Filipino Women (NCRFW) was

established on January 6, 1975 as an advisory body to the President and the Cabinet on

policies and programs for the advancement of women. It is mandated "to review, evaluate,

and recommend measures, including priorities to ensure the full integration of women for
economic, social and cultural development at national, regional and international levels, and

to ensure further equality between women and men." It has the following functions:

 Institute the gender responsiveness of national development plans and coordinate

the preparation, assessment and updating of the National Plan for Women, ensure

its implementation and monitor the performance of government agencies in the

implementation of the Plan at all levels.

 Undertake continuing advocacy to promote economic, social and political

empowerment of women and provide technical assistance in the setting-up and

strengthening of mechanisms on gender mainstreaming.

 Ensure that the gains achieved by Filipino women due to Philippine culture and

tradition shall be preserved and enhanced in the process of modernization.

C. Republic Act No. 7192

Republic Act No. 7192, known as the Women in Development and Nation

Building Act, is an

"An Act Promoting the Integration of Women as Full and Equal Partners

of Men in Development and Nation Building and for Other Purposes".

It was passed by the Congress of the Philippines on December 11, 1991, and was

approved by President Corazon C. Aquino on February 12, 1992 (Wikipilipinas, n.d.).


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