WOMEN

Vulnerable. Protected. Empowered.

GEMANIL. LA MADRID MAGADA. AGTARAP. DEL MUNDO. ENCARNACION. ERAZO. ROBLES

The narrative of human history is more often than not Western-centric, primarily elitist,
and overwhelmingly masculine. Women thus begin to become a vulnerable sector
because their very importance is downplayed.
Culture, religion, customs, and traditions across
various societies and historical periods have
often espoused patriarchal beliefs. Women as a
vulnerable sector can perhaps be said to be
victims of the very cultures they live in.
 The historical basis for the social role of women has always
been anchored on the biological physical weakness of women
as opposed to men. The role of the man was as provider,
leader, decision-maker. The woman, relegated to the home,
caring for the children, as submissive, supportive follower.
 Such stereotyping, prevalent throughout history, is not without
basis. Methods of production were labor-intensive, requiring the
employment of huge amounts of physical strength. Warfare and
conflict were commonplace and prior to the advent of
gunpowder, was conducted hand-to-hand.
This all began changing in the mid-1800s, with the dawn of the
Industrial Revolution. New machines and technological
developments reduced societal needs for sheer physical
strength to produce goods and services. Women could just as
easily operate these new machines as men.
 It was the Second World War, that really saw a
democratization of the role of women in society. Chronic
shortages of manpower due to soldiers fighting on the
front lines meant that more and more, economies turned
to women to fill the shortage
Women began occupying roles traditionally occupied
solely by men, aiding the war effort as factory and
construction workers, miners, labourers, and farmers
Women even saw military action as combatants, fighting
alongside men
Women for most part of history did not have the right to
participate in the affairs of state
 In the United States, women, recognizing their rights and
desiring for greater participation in the political process
picketed and protested, even going to extreme lengths as
going on hunger strike to demand the right to vote, leading in
1919 to the ratification of the nineteenth amendment to the
U.S. Constitution, which states that “the right of citizens of the
United States to vote shall not be denied or abridged by the
United States or by any state on account of sex.”
Only in 1937 did Filipino women get the right to vote. Under
the 1935 Constitution only male Filipino citizens were
enfranchised.
 Section 1, Article V (1935 Constitution). “Suffrage may be
exercised by male citizens of the Philippines not otherwise
disqualified by law, who are twenty-one years of age or over
and are able to read and write, and who shall have resided in
the Philippines for one year and in the municipality wherein they
propose to vote for at least six months preceding the election.
The National Assembly shall extend the right of suffrage to
women, if in a plebiscite which shall be held for that purpose
within two years after the adoption of this Constitution, not less
than three hundred thousand women possessing the necessary
qualifications shall vote affirmatively on the question.”
Our social and political institutions and our laws have emerged
as a reflection of humanity’s recognition of the indispensable
role of women

Section 14, Article II (1987 Const.) “The State recognizes the

role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men”
According to a 2012 report by the International Labor Organisation (ILO), at any
given time there are as many as 15.8 million women subject to trafficking in
persons mostly for forced labor and commercial sexual exploitation, mostly from
poor backgrounds and third world countries. According the UN Office on Drugs
and Crime (UNODC), women and girls account for an overwhelming, 70% of
detected cases of human trafficking
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN (1979)

By accepting the Convention, States commit themselves to undertake a series of

measures to end discrimination against women in all forms, including:
 to incorporate the principle of equality of men and women in their legal system,
abolish all discriminatory laws and adopt appropriate ones prohibiting
discrimination against women;
 to establish tribunals and other public institutions to ensure the effective
protection of women against discrimination; and
 to ensure elimination of all acts of discrimination against women by persons,
organizations or enterprises.

Article 1
 discrimination against women – means any distinction, exclusion or restriction
made on the basis of sex which has the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other
field.
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN (1979)

Article 2
States Parties condemn discrimination against women … to this
end, undertake:
 embody the principle of the equality of men and women and to ensure
the practical realization of this principle;
 adopt appropriate legislative and other measures, including sanctions
where appropriate;
 establish legal protection of the rights of women on an equal basis
with men and to ensure through competent national tribunals and
other public institutions;
 repeal all national penal provisions which constitute discrimination
against women.
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN (1979)

Article 3
 States Parties shall take in all fields, in particular in the political, social,
economic and cultural fields, all appropriate measures, including
legislation

Article 4
 Adoption of temporary special measures aimed at accelerating de facto
equality between men and women;
 Adoption of special measures, including those measures contained in
the present Convention, aimed at protecting maternity shall not be
considered discriminatory
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN (1979)

Article 5

 States Parties shall take all appropriate measures:

 To modify the social and cultural patterns of conduct of men and

women, with a view to achieving the elimination of prejudices and
customary and all other practices which are based on the idea of the
inferiority or the superiority of either of the sexes or on stereotyped
roles for men and women;

 To ensure that family education includes a proper understanding of

maternity as a social function and the recognition of the common
responsibility of men and women in the upbringing and development of
their children, it being understood that the interest of the children is the
primordial consideration in all cases
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN (1979)

Article 7
 To eliminate discrimination against women in the political and public
life:
 to vote;
 participate in the formulation of government policy;
 hold public office and perform all public functions at all levels of government;
 participate in non-governmental organizations and associations

Article 8

 States Parties shall take all appropriate measures to ensure to

women, on equal terms with men and without any discrimination, the
opportunity to represent their Governments at the international level
and to participate in the work of international organizations.
PHILIPPINE GOVERNMENT RESPONSE
TO THE UN CEDAW

 Gender and Development (GAD) Plans of

concerned government agencies. Each agency is
required by law to submit a GAD plan that details
how it intends to implement its mandate under
the Philippine Plan for Gender-Responsive
Development (PPGD),
 Framework Plan for Women
 GAD Budget Policy
 gender equality related laws and international
agreements.
ON THE ADOPTION OF A POLICY CREATING SAFE AND
PROTECTED JOBS FOR WOMEN

 Drawn from the gender equality provision of the Philippine

Constitution of 1987, this policy is echoed in such laws as Republic
Act (RA) No. 7192, or the or the Women in Development and Nation
Building Act of 1992.
 (a) raising women’s awareness of their economic rights and
participation of the community in ensuring women’s economic
rights,
 (b) enhancing capacities of employers to implement women related
labor laws, (c) promoting cooperation between women workers and
women business owners and managers, and
 (d) facilitation of women’s participation in economic governance
through support of organizing of women in government and
business sectors and Nation Building Act of 1992.
ON INFORMATION AND SUPPORT SERVICES TO WOMEN
OVERSEAS WORKERS

 The implementation of the Migrant Workers

and Overseas Filipinos Act of 1995
 Beginning 2002 under the program
International Social Welfare Services for
Filipinos
ON GENDER DISCRIMINATION OF LAWS ON PROSTITUTION AND
ALTERNATIVE JOB OPPORTUNITIES FOR WOMEN

 The Philippine government, with the

strong support of the women’s
movement, succeeded in getting
Congress to pass the Anti-Trafficking in
Persons Act of 2003 (RA 9208)

 Philippine Framework Plan for Women

(FPW)
ON THE NEED TO INCREASE THE PARTICIPATION OF
WOMEN IN POLITICAL AND PUBLIC LIFE

 Civil Service Commission (CSC) issued a Memorandum

Circular on Equal Representation of Women and Men in
Third Level Positions (or the executive level).

 RA 8551, or the National Police Commission and

Philippine National Police Reorganization Act of 1998,
articulates the national policy of granting equal
opportunity for women in the police bodies, preventing
sexual harassment in the workplace and prohibiting
discrimination on the basis of gender and sexual
orientation.
POLITICAL RIGHTS OF
WOMEN
CONVENTION ON THE POLITICAL
RIGHTS OF WOMEN
 Adopted in 1952
 Entered into forced on 7 July 1957

 Ratified by the Philippines on 12 September 1957

CONVENTION ON POLITICAL RIGHTS OF WOMEN
 Article I
Women shall be entitled to vote in all elections on equal terms with men,
without any discrimination.

 Article II
Women shall be eligible for election to all publicly elected bodies,
established by national law, on equal terms with men, without any
discrimination.

 Article III
Women shall be entitled to hold public office and to exercise all public
functions, established by national law, on equal terms with men, without any
discrimination.
WOMEN IN PHILIPPINE POLITICS
The following percentage figures demonstrate the number of female participants from
1991 to 2001 in Philippine politics and government:

 There had been 76.7% of female registered voters in the 2001 elections.
 In 2001, there had been 7.7% of Filipino women in the Philippine Senate
 19.0% in the Philippine Congress
 19.5% serving as governors
 13.0% as vice-governors
 16.5% as board members
 15.6% as mayors
 12.4% as vice-mayors
 17.4% as councilors

Source: Wikipedia
 LABOR RIGHTS OF WOMEN
CONSTITUTIONAL BASIS
Art. 13, Sec. 14 of the 1987 constitution
The State shall protect working women by providing safe and
healthful working conditions, taking into account their maternal
functions, and such facilities and opportunities that will enhance
their welfare and enable them to realize their full potential in the
service of the nation.
UDHR BASIS
Article 23

(1) Everyone has the right to work, to free choice of

employment, to just and favourable conditions of work and
to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal
pay for equal work.
(3) Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an
existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for
the protection of his interests.
LABOR CODE OF THE PHILIPPINES

Article 135
 Discrimination prohibited. It shall be unlawful
for any employer to discriminate against any
woman employee with respect to terms and
conditions of employment solely on account of
her sex.
STIPULATION AGAINST MARRIAGE (ART. 136)

It shall be unlawful for the employer to:

1. require as a condition of employment or continuation of

employment that a woman employee shall not get married

2. to stipulate expressly or tacitly that upon getting married, a

woman employee shall be deemed resigned or separated

3. to actually dismiss, discharge, discriminate or otherwise

prejudice a woman employee merely by reason of her marriage
ACTS OF DISCRIMINATION:
1) Payment of a lesser compensation, including wage,
salary or other form of remuneration and fringe
benefits, to a female employees as against a male
employee, for work of equal value; and

2) Favoring a male employee over a female employee with

respect to promotion, training opportunities, study and
scholarship grants solely on account of their sexes.

3) There is criminal liability for the willful commission of

any of the foregoing unlawful act. (As amended by
Republic Act No. 6725, May 12, 1989)
STIPULATION AGAINST MARRIAGE (ART. 136)
It shall be unlawful for the employer to:
require as a condition of employment or continuation of
employment that a woman employee shall not get married
to stipulate expressly or tacitly that upon getting married, a
woman employee shall be deemed resigned or separated
to actually dismiss, discharge, discriminate or otherwise
prejudice a woman employee merely by reason of her
marriage
FACILITIES FOR WOMEN
The DOLE Secretary may require employers to:

1. Provide seats proper for women & permit themto use such seats
when they are free from work & during working hours,
provided they can perform their duties inthis position without
detriment to efficiency
2. To establish separate toilet rooms & lavatories for
men & women & provide at least a dressing room for women
3. To establish a nursery in a workplace for the benefit of the women
employees therein
4. To determine appropriate minimum age & other standards for
retirement or termination in special occupations such as those
of flight attendants & the like.
MATERNITY LEAVE

SSS LAW (R.A. 1161, AS AMENDED BY R.A. 8282)

 recognizes and gives importance to the maternal functions of
women

 Maternity Leave Benefit. - A female member who has paid at

least three (3) monthly contributions in the twelve-month
period immediately preceding the semester of her childbirth or
miscarriage shall be paid a daily maternity benefit equivalent
to one hundred percent (100%) of her average daily salary credit
for sixty (60) days or seventy-eight (78) days in case of
caesarian delivery… (SEC. 14-A.)
ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
Anti-Violence Against Women and their Children Act of 2004 (R.A.9262)
 thestate guarantees the full protection of the human rights and dignity of women and their
children and engages in efforts to curtail occurrences of violence committed against women
and their children as well as providing for care and protection to victims of violence
 Violence
contemplated by law refers to: a.) physical violence, b.) sexual violence, 3.)
psychological violence, and 4.) economic abuse (attempts to divest women of economic
independence) (sec.3)
 women victims may apply for a protection order to prevent further acts of violence (sec. 8)
 R.A. 9262 provides additional statutory leave benefits for women in the workforce

 Entitled
to Leave a paid leave of absence up to ten (10) days in addition to other paid leaves
under the Labor Code and Civil Service Rules and Regulations, extendible when the
necessity arises as specified in the protection order. (sec. 43)
 purpose of leave benefit entitlement under this law is to attend to medical concerns or for
legal purposes in connection with cases
SOLO PARENT’S WELFARE ACT
SOLO PARENTS' WELFARE ACT OF 2000 (R.A. 8972)
 the state recognizes the instances where a single parent must often
assume the burden of raising the children and managing the household on
his/her own due to spouse’s death, abandonment or other causes
 law benefits both men and women who are solo-parents as defined by law
 provides for comprehensive, multi-departmental services to solo-parents
such as livelihood development, counselling services, stress management,
education benefits, housing benefits, medical assistance, etc.
 flexiblework schedule for solo parents who are also employees if non-
disruptive to company production (Sec. 6)
 parental leave of not more than seven (7) working days every year shall be
granted to any solo parent employee who has rendered service of at least
one (1) year. (Sec. 8)
MAGNA CARTA FOR WOMEN
 Section 18. Special Leave Benefits for Women. - A woman employee having rendered
continuous aggregate employment service of at least six (6) months for the last
twelve (12) months shall be entitled to a special leave benefit of two (2) months with
full pay based on her gross monthly compensation following surgery caused by
gynecological disorders.

Conditions for entitlement

 She has rendered continuous aggregate employment service of at least 6 months for
the last 12 months;
 She has filed an application for special leave;
 She has undergone surgery due to gynecological disorders as certified by competent
physician.

Usage
The special leave shall be granted to the qualified employee after she has undergone surgery
without prejudice to an employer allowing an employee to receive her pay before or during
the surgery

Non-conversion to Cash
The special leaves shall be non-cumulative and non-convertible to cash unless otherwise
provided by a collective bargaining agreement.
FAMILY CODE OF THE PHILIPPINES
FAMILY CODE OF THE PHILIPPINES

ARTICLE 69
 The husband and wife shall fix the family domicile.
In case of disagreement, the court shall decide.
 The court may exempt one spouse from living with
the other if the latter should live abroad or there
are other valid and compelling reasons for the
exemption. However, such exemption shall not
apply if the same is not compatible with the
solidarity of the family.
FAMILY CODE OF THE PHILIPPINES
 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.

 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.
SPECIAL LAWS PROTECTING WOMEN
Republic Act No. 7877
“Anti-Sexual Harassment Act of 1995”
INTERNATIONAL LEGAL LANDMARKS
● UDHR and UN Charter proclaiming the doctrine of equality of all
human beings regardless of race, sex or creed.
● Convention for the Elimination of all Forms of Discrimination
against Women (CEDAW).
● In 1979, sexual harassment became an international concern.
● It specifically requires the elimination of gender-based
discrmination by mandating that all State Parties accept the
equality of rights and responsibilities of both men and women.
● It is to achieve elimination of all prejudices and customs and all
other practices based on the idea of superiority or the inferiority of
the sexes or on the stereotyped roles for men and women.
PHILIPPINE LEGAL LANDMARKS
● Sec. 3, Art. XIII, 1987 Constitution states that “The State shall
afford full protection to labor xxxxxxxx. and promote full
employment and equality of employment opportunities for all.”

● Art. 3 of the Labor Code states that “The State shall afford full
protection to labor, prommote full employment, ensure equal
work opportunities regardless of sex, race or creed xxxxxxxxx.”
SEC. 2 OF R.A. 7877
DECLARATION OF POLICY
● The State shall value the dignity of every individual, enhance the
development of its 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. Towards this end, all forms of
sexual harassment in the employment, education or training
environment are hereby declared unlawful.
ELEMENTS OF SEXUAL HARASSMENT

– Offender has authority, influence or moral

ascendancy over victim in a work, training,
or education environment;

– Offender demands, requests or otherwise

requires any sexual favor from the victim.
HOW THE ACT IS COMMITTED
Employment Environment – Work-related or employment
environment.
1. Sexual favor as a condition;
2. Impairment of employee's rights;
3. Intimidating, hostile or offensive.

Education and training environment.

1. The victim is under the care, custody or supervision of the offender;
2. The education, training, apprenticeship or tutorship of the victim is entrusted
to the offender;
3. The sexual favor is made as a condition;
4. The sexual advances result in an intimidating, hostile or offensive
environment for the victim.
R.A. 7877
● Sec. 4 provides us the Duty of the employer or head of the office
in a work-related or training environment.
● > A.M. No. 03-03-13-SC 2004-12-14, Rule on Administrative
Procedure in Sexual Harassment Cases and Guidelines on
Proper Decorum in the Judiciary.
● > establishing a Committee on Decorum & Investigation (CODI)

PENALTIES
● Any person violating this act shall, upon conviction, be penalized
by imprisonment of not less than six (6) months, or a fine of not
less than Ten Thousand Pesos (P10,000.00) nor more that
Twenty Thousand Pesos (P20,000.00), or both such fine and
imprisonment at the discretion of the court.
 REPUBLIC ACT 9208:
ANTI HUMAN TRAFFICKING
An act to institute policies to eliminate trafficking in persons
especially women and children, establishing the necessary
institutional mechanisms for the protection and support of trafficked
persons, providing penalties for its violations, and for other purposes
"Anti-Trafficking in Persons Act of 2003".
(SEC.3) DEFINITION OF TERMS
 (a) Trafficking in Persons - refers to the recruitment, transportation,
transfer or harboring, or receipt of persons with or without the
victim's consent or knowledge, within or across national borders by
means of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced
labor or services, slavery, servitude or the removal or sale of
organs.
 The recruitment, transportation, transfer, harboring or receipt of a
child for the purpose of exploitation shall also be considered as
"trafficking in persons" even if it does not involve any of the means
set forth in the preceding paragraph.

 (b) Child - refers to a person below eighteen (18) years of age or

one who is over eighteen (18) but is unable to fully take care of or
protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or
condition.
(SEC.3) DEFINITION OF TERMS

 (c) Prostitution - refers to any act, transaction, scheme or design

involving the use of a person by another, for sexual intercourse or
lascivious conduct in exchange for money, profit or any other
consideration.
 (d) Forced Labor and Slavery - refer to the extraction of work or services
from any person by means of enticement, violence, intimidation or
threat, use of force or coercion, including deprivation of freedom, abuse
of authority or moral ascendancy, debt-bondage or deception.
 (e) Sex Tourism - refers to a program organized by travel and tourism-
related establishments and individuals which consists of tourism
packages or activities, utilizing and offering escort and sexual services
as enticement for tourists. This includes sexual services and practices
offered during rest and recreation periods for members of the military.
 (f) Sexual Exploitation - refers to participation by a person in prostitution
or the production of pornographic materials as a result of being
subjected to a threat, deception, coercion, abduction, force, abuse of
authority, debt bondage, fraud or through abuse of a victim's
vulnerability.
(SEC.3) DEFINITION OF TERMS

 (g) Debt Bondage - refers to the pledging by the debtor of

his/her personal services or labor or those of a person
under his/her control as security or payment for a debt,
when the length and nature of services is not clearly
defined or when the value of the services as reasonably
assessed is not applied toward the liquidation of the debt.
 (h) Pornography - refers to any representation, through
publication, exhibition, cinematography, indecent shows,
information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily
sexual purposes.
 (i) Council - shall mean the Inter-Agency Council Against
Trafficking created under Section 20 of this Act.
 SALIENT PROVISIONS ON WOMEN
SECTION 2. DECLARATION OF POLICY
… The It shall be a State policy to recognize the equal
rights and inherent human dignity of women and men as
enshrined in the United Nations Universal Declaration on
Human Rights, United Nations Convention on the Rights of
the Child, United Nations Convention on the Protection of
Migrant Workers and their Families. United Nations
Convention Against Transnational Organized Crime
Including its Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children and
all other relevant and universally accepted human rights
instruments and other international conventions to which
the Philippines is a signatory.
SALIENT PROVISIONS ON WOMEN

SECTION 16. PROGRAMS THAT ADDRESS TRAFFICKING IN PERSONS.

 Thegovernment shall establish and implement preventive,
protective and rehabilitative programs for trafficked
persons. For this purpose, the following agencies are
hereby mandated to implement the following programs;

 (e) National Commission on the Role of Filipino Women

(NCRFW) - shall actively participate and coordinate in the
formulation and monitoring of policies addressing the
issue of trafficking in persons in coordination with
relevant government agencies. It shall likewise advocate
for the inclusion of the issue of trafficking in persons in
both its local and international advocacy for women's
issues.
 SALIENT PROVISIONS ON WOMEN
SECTION 20. INTER-AGENCY COUNCIL AGAINST TRAFFICKING.
 There is hereby established an Inter-Agency Council Against
Trafficking, to be composed of the Secretary of the Department of
Justice as Chairperson and the Secretary of the Department of
Social Welfare and Development as Co-Chairperson and shall have
the following as members:

 (f) Chairperson, National Commission on the Role of Filipino

Women; and
 (g) Three (3) representatives from NGOs, who shall be composed
of one (1) representative each from among the sectors
representing women, overseas Filipino workers (OFWs) and
children, with a proven record of involvement in the prevention
and suppression of trafficking in persons. These representatives
shall be nominated by the government agency representatives of
the Council, for appointment by the President for a term of three
(3) years.
 RA 9262: ANTI –VAWC ACT
Effective March 27, 2004
A special law protecting women and their children from all forms of abuse
Criminal statute
Civil action – Temporary & Permanent Protection Order
With remedy of Barangay (village) Protection Order
TYPES OF VIOLENCE COVERED

 PHYSICAL
 PSYCHOLOGICAL, EMOTIONAL
 SEXUAL
 ECONOMIC
WHAT IS VIOLENCE?
 any act or series of acts committed by any PERSON
 against a WOMAN who is his wife, former wife, or
with whom the person has or had a sexual or dating
relationships, or
 with whom he has a common child, or
 against her child/child under her care
 Which result or is likely to result in physical, sexual,
psychological harm or suffering or economic abuse
including threats of such acts,
 Battery, assault, coercion, harassment or arbitrary
deprivation of liberty
ELEMENTS

 Relationship, past or present

 Married or not; living in or not

 Sexual or dating relationship

 Including lesbian relationships

 With common child

 Falling under Sec. 5 (punishable acts)

VIOLENCE AGAINST WOMEN AND CHILDREN
 Causing, threatening, attempting to cause physical harm
 Placing the woman or her child in fear of imminent physical harm
 Attempting or compelling the woman or her child to engage in conduct
which they have a right to desist from, or to
 depriving or threatening to deprive the woman or her child of custody
or access to her family
 depriving them of financial support; insufficient financial support
 Depriving or threatening to deprive the woman or her child of a legal
right
 Preventing the woman from engaging in any legitimate profession,
occupation, business or activity, or controlling her own money or
properties or solely controlling conjugal or common assets
 Causing or attempting to cause the woman or her child to engage in
any sexual activity..., by force or threat, physical harm, intimidation
directed against the woman, her child, or immediate family
VIOLENCE AGAINST WOMEN AND CHILDREN

 Engaging in knowing or reckless conduct, personally or through

another, that alarms or causes substantial emotional or
psychological distress including:
 (1) stalking
 (2)entering or remaining in the property
 Causing mental or emotional anguish, public ridicule,
humiliation including repeated verbal and emotional abuse*

 denial of financial support or custody of minor children or

denial of access to the woman’s child *

 * PRESCRIPTION PERIOD: 10 years. All others, 20 years

PURPOSE OF PROTECTION ORDERS

 to prevent further acts of violence against a

woman or her child.

 to safeguard the victim from further harm

 to minimize disruption in victim’s daily life

 give her the opportunity and ability to regain

control over her life.
BATTERED WOMAN SYNDROME (BWS)
 justifying circumstance
 Perpetrator of crime against a woman with BWS
shall not have custody of children
 NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY :
 Any person, private individual, police authority,
barangay official acting in accordance with law,
who
 responds or intervenes without using violence or
restraint greater than necessary to ensure safety
of the victim
RIGHTS OF VICTIMS

 Right to be treated with respect & dignity;

 Legal assistance; support services from
DSWD, local governments
 Privacy and confidentiality of records

 Additional 10 day paid leave from work aside

from present paid leave benefits
 RA 9710: MAGNA CARTA FOR WOMEN
Seeks to eliminate discrimination against women by recognizing, protecting,
fulfilling and promoting the rights of Filipino women. These rights include all
rights in the Philippine Constitution and those rights recognized under the
international instruments signed and ratified by the Philippine Government.
RIGHTS PROTECTED
 Protection from all forms of violence, including those committed by the State.
This includes the incremental increase in the recruitment and training of
women in government services that cater to women victims of gender-related
offenses. It also ensures mandatory training on human rights and gender
sensitivity to all government personnel involved in the protection and
defense of women against gender-based violence, and mandates local
government units to establish a Violence Against Women Desk in every
barangay to address violence against women cases;

 Protection and security in times of disaster, calamities and other crisis

situations, especially in all phases of relief, recovery, rehabilitation and
construction efforts, including protection from sexual exploitation and other
sexual and gender-based violence.
RIGHTS PROTECTED
 Participation and representation, including undertaking temporary special measures and
affirmative actions to accelerate and ensure women's equitable participation and
representation in the third level civil service, development councils and planning bodies,
as well as political parties and international bodies, including the private sector.

 Equal treatment before the law, including the State's review and when necessary
amendment or repeal of existing laws that are discriminatory to women;

 Equal access and elimination of discrimination against women in education, scholarships

and training. This includes revising educational materials and curricula to remove gender
stereotypes and images, and outlawing the expulsion, non-readmission, prohibiting
enrollment and other related discrimination against women students and faculty due to
pregnancy outside of marriage;

 Equal participation in sports. This includes measures to ensure that gender-based

discrimination in competitive and non-competitive sports is removed so that women and
girls can benefit from sports development;
RIGHTS PROTECTED
 Non-discrimination in employment in the field of military, police and other similar services. This
includes according the same promotional privileges and opportunities as their men
counterpart, including pay increases, additional benefits, and awards, based on competency and
quality of performance. The dignity of women in the military, police and other similar services shall
always be respected, they shall be accorded with the same capacity as men to act in and enter
into contracts, including marriage, as well as be entitled to leave benefits for women such as
maternity leave, as provided for in existing laws;
 Non-discriminatory and non-derogatory portrayal of women in media and film to raise the
consciousness of the general public in recognizing the dignity of women and the role and
contribution of women in family, community, and the society through the strategic use of mass
media;
 Comprehensive health services and health information and education covering all stages of a
woman's life cycle, and which addresses the major causes of women's mortality and
morbidity, including access to among others, maternal care, responsible, ethical, legal, safe and
effective methods of family planning, and encouraging healthy lifestyle activities to prevent
diseases;
 Leave benefits of two (2) months with full pay based on gross monthly compensation, for women
employees who undergo surgery caused by gynecological disorders, provided that they
have rendered continuous aggregate employment service of at least six (6) months for the last
twelve (12) months;
RIGHTS PROTECTED
 Equal rights in all matters relating to marriage and family relations. The State shall ensure
the same rights of women and men to: enter into and leave marriages, freely choose a
spouse, decide on the number and spacing of their children, enjoy personal
rights including the choice of a profession, own, acquire, and administer their property,
and acquire, change, or retain their nationality. It also states that the betrothal and
marriage of a child shall have no legal effect. The Magna Carta of Women also guarantees
the civil, political and economic rights of women in the marginalized sectors, particularly
their right to:

 Food security and resources for food production, including equal rights in the titling of the
land and issuance of stewardship contracts and patents;

 Localized, accessible, secure and affordable housing; Employment, livelihood, credit,

capital and technology;

 Skills training, scholarships, especially in research and development aimed towards

women friendly farm technology;

 Representation and participation in policy-making or decision making bodies in the

regional, national, and international levels;
RIGHTS PROTECTED
 Access to information regarding policies on women, including programs,
projects and funding outlays that affect them;
 Social protection;
 Recognition and preservation of cultural identity and integrity provided that
these cultural systems and practices are not discriminatory to women;
 Inclusion in discussions on peace and development;
 Services and interventions for women in especially difficult circumstances or
WEDC;
 Protection of girl-children against all forms of discrimination in education,
health and nutrition, and skills development; and
 Protection of women senior citizens.
 THANK YOU!

GEMANIL. LA MADRID MAGADA. AGTARAP. DEL MUNDO. ENCARNACION. ERAZO. ROBLES