Consti2 - 1B - Women's Rights

San Beda College Mendiola – College of Law
Constitutional Law II and Human Rights | 2nd Semester, A.Y. 2014-2015

Atty. Jennifer A. Balboa-Cahig, Ll.M.
HERSTORY:
AN OVERVIEW OF JUANA’S HUMAN RIGHTS
ABOUT THE PAPER
This paper seeks to provide an overview of the human rights being enjoyed by Filipino women
through laws and conventions, jurisprudence and film reviews.
This paper is one of the final coursework requirements in Constitutional Law II and Human
Rights under Atty. Jennifer A. Balboa-Cahig, Ll.M.
THE GROUP BEHIND THIS WORK

The authors are students from Section 1-B of the San Beda College of Law, 2nd Semester of A.Y.
2014-2015. They are listed below in alphabetical order:
Jireh BRINGAS Quincy Paolo INTERINO
Marlon CAISIP Julius Ace LANSANG
Marvin CHUA Vance Kierwin LARENA
Cyrus CUNANAN Alain Marcellius LIRA
Ma. Alessandra DELA CRUZ Brett Ashley MAMARADLO
Raymund DIMACULANGAN Earica SILLA
Christa Angela ESTILO Mark Jimson TAMAYO
Czarinna Katrine GALANG
ABOUT THE COVER
The cover image is one of the posters released by the United Nations Development Fund For
Women (UNIFEM) as they work to get women and their rights in the policy agenda.
TABLE OF CONTENTS
INTRODUCTION 1
THE 1987 CONSTITUTION PROVISION ON WOMEN 1
LAWS AND CONVENTIONS 3
LIST OF LAWS, EXECUTIVE ORDERS,
PRESIDENTIAL DECREES, PROCLAMATIONS, AND AGENCY
CIRCULARS ON OR AFFECTING WOMEN RIGHTS
28
PREVAILING JURISPRUDENCE RELATING TO WOMEN’S RIGHTS
Go-Tan vs. Tan 34
Dolina vs. Vallecera 36
People vs. Jumawan 37
Dela Cueva vs. Omaga 40
Aquino vs. Acosta 42
FILM REVIEWS
Maynila sa Kuko ng Liwanag (1975) 45
It’s a Girl (2012) 47
Lovelace (2013) 50
CONCLUSION 53
San Beda College Mendiola – College of Law
Constitutional Law II and Human Rights | 2nd Semester, A.Y. 2014-2015
Atty. Jennifer A. Balboa-Cahig, Ll.M.
HERSTORY:
AN OVERVIEW OF JUANA’S HUMAN RIGHTS
“Of all the evils for which man has made himself responsible,
none is so degrading, so shocking or so brutal
as his abuse of the better half of humanity: the female sex.”
― Mahatma Gandhi
The Filipino woman is used to be perceived as the perfect Maria Clara

Clara. In Noli Me Tangere,
Tangere she
is described as someone who is tight-lipped in socio-political affairs,, remote to education and
passive in the labor sector. She is limited to becoming a wife, a mother or a domestic worker
confined in the home.1 But today, the Filipina freely participate
participates in nation-building
building and no longer
detaches herself from social realities. Women have taken a more active role in polity.2 She is
now able to get an education, exercise suffrage and join the labor force.3 In fact, among the 45.6
million women in the Philippines, 88% are functionally literate while 78% are employed.4
On the contrary, ass the Filipino woman becomes more involved in the public sphere,
sphere she is also
subject to different abuse. This paper seeks to expound more on women’ss rights and the possible
possi
violations that might concur. We begin with laws in the Philippines, and conventions in the
international realm.
THE 1987 CONSTITUTION

N PROVISION ON WOMEN
STATE POLICIES
“SEC. 14. The State recognizes the role ofwomen in nation-building,, and shall ensure the
fundamental equality before the law of women and men.”
RTICLE VI. THE LEGISLATIVE DEPARTMENT

ARTICLE
“SEC. 5 (2).The party-list
list representatives shall constitute twenty per centum of the total number
of representatives including those under the party list. For three consecutive terms after the
ratification of the Constitution, one
one- half of the seats allocated to party-list
list representatives shall
be filled, as provided by law, by selection or election from the labor, peasant, urban poor,
indigenous cultural
ral communities, women,, youth, and such other sectors as may be provided by
law, except the religious sector.”
ARTICLE XIII. SOCIAL JUSTICE AND HUMAN RIGHTS H E A L T H

“SEC. 11.. The State shall adopt an integrated and comprehensive approach to health
1
A. Fernandez, ‘Rizal on Women and Children in the Struggle for Nationhood’. 2012.
2
UP School of Economics - Human Development Network, ‘Changing Status of Women’. 2008.
3
C. Abubakar, ‘Changing Role of Filipino Women’. 2005.
1
4
Philippine Commission on Women, ‘Philippines in the Global Arena’. 2014.

BRINGAS | CAISIP | CHUA | CUNANAN | DELA CRUZ | DIMACULANGAN | ESTILO | GALANG | INTERINO | LANSANG | LARENA | LIRA | MAMARADLO | SILLA | TAMAYO
developments, which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the needs of the
underprivileged sick, elderly, disabled, women, and children. The Statee shall endeavor to
provide free medical care to paupers.”
WOMEN
“SEC. 14.. 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
th
will enhance their welfare and enable them to realize their full potential in the service of the
nation.”
LAWS AND CONVENTIONS
1. Convention on the Elimination of All Forms of Discrimination against Women

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
finds its rationale in the Universal Declaration of Human Rights (UDHR).. CEDAW’s principle
aligns with United Nations’ proclamation that all human beings are born free and equal.5
When such convention is being draft

drafted, the extensive discrimination
imination against women was evident
in society.. Women, especially those in poverty, are deprived of food, health, education,
employment and other basic needs. Racism and discrimination were also interfering in the
enjoyment of women’s rights. As the CEDAW was instituted, it brought awareness on how
traditional roles have changed in society and reiteratedthepromotion of equality between men
and women.
CEDAW begins by condemning all discrimination against women. It roots from UDHR’s
rights 6 One of its
foremost statement that “All humans are born free and equal in dignity and rights.”
primary goals is to call out the attention of leaders all over the worl
worldd to appropriate legislation,
ensure equality and create measures to eliminate gender-stereotyped roles.7
CEDAW also fortified the right of suffrage; it is the right to vote in all elections and public
referenda. In the Philippines, it was only in April 30, 1937 when women were allowed to vote
right allows women to participate in government processes8and
and be voted upon. This political righ
gives them equal opportunities in the legislative, exec
executive
utive or judicial department.
department Suffrage in
the Philippine Constitution is now made available to all its bonafide citizens.9
Another salient provision of CEDAW trafficking 10 It includes

CEDAWdeters all forms of women trafficking.
prostitution, sex tourism, mail-order
order bride industries and even domestic labor. According to UN
data, at least 4 million women have been trafficked across countries. Often times, these
5
Convention on the Elimination of All Forms of Discrimination against Women (1981).
6
The Universal Declaration of Human Rights (1948), art. 1.
7
Convention on the Elimination of All Forms of Discrimination against Women (1981), art.2 & 5.
8
2
Pungutan vs. Abubakar, 43 SCRA 1 (1972).

9
Philippine Constitution (1987).

10
Convention on the Elimination of All Forms of Discrimination against Women (1981), art. 6.
ortrayed as migration criminals11 when it fact they are also
trafficked women are portrayed
12
victims. CEDAW wants to secure the life, liberty and security of these women, rescuing them
from the distressing quicksand.
Moreover, the establishment of female positions in the corporate sector is also important to
CEDAW. It puts an end to employers’ double standardof hiring men instead of women by
endorsing the same criteria for selection. It also asserts equal remuneration and benefits, such as
ion of reproductive health.13The CEDAW advocates UDHR’s right
maternity leaves and protection
to work in favorable conditions and receive equal pay for equal work.14 This is also an
affirmation of women’s reproductive rights which shapes our culture and tradition.
Article 14 of the CEDAW also gives importance to women’s development. They are given the
chance to obtain formal training, education, social security programs and counselling. In certain
countries like India, virginity is more important than education. Wom
Women
en are required to work for
15
their family instead of obtaining education. In Afghanistan, women face acid and death threats
on their way to school. In the Philippines, w women in the early yearswere
were prevented to go to
schools because it was believed they were only meant for the home.. Today, theycan
they assert their
16 17
right to education and a right for the development of theirr personality. As Amanda
Vandervort says “Women are not only homemakers, but makers of the world.”
Finally, the CEDAW ensures that all women are protected with their marriage and family
relations. This is in accordance with UDHR’s right to enter marriage and build a family.18 The
Convention on the Elimination of All Forms of Discrimination against Women protects these
family rights and the individual rights aforementioned
aforementioned.
2. Creating a National Commission for the Role of Filipino Women

Many years ago, women were treated as second class citizens who had no voting rights.19 They
second-class
were regarded then as properties without legal rights.20 However, the role/status of women has
been gradually changing from the late 19th century up to the present time.
As the status of women in many countries around the world improved, so did the status of
women in the Philippines. Women in the Philippines began to enjoy rights used to belong only to
men. In the 1935 Philippine Constitution, women were granted the right to vote.
It was during the period of Martial Law when the National Commission for the Role of Filipino
Women (NCRFW) was established. The ccreation of the NCRFW was the “government’s
enthusiastic response to the declaration of the UN International Decade of Women that was
11
J. Raymond, A Comparative Study of Women Trafficked in the Migration Process.
12
P. Petralba, Hornbook on International and Philippine Human Rights Laws (2013).
13
Convention on the Elimination of All Forms of Discrimination against Women (1981), art. 11.
14
15
L. Argintar, ‘You Won’t Believe How Many Countries Still Won’t Allow Women The Right To Education’ (2013). <
http://elitedaily.com/women/separate-unequal
unequal-countries-worst-gender-inequality-education>
16
Ibid, sec. 26.
17
Id, sec. 22.
18
3
Id, sec. 16.

19
M. Vidal, ‘Women Empowerment’, 2013. <http://ca.judiciary.gov.ph/index.php?action=mnuactual_contents&ap=j8040>.

20
Ibid.
supposed to culminate in 1985.”21The NCRFW was created on January 7, 1975 through
Presidential Decree (PD) No. 633. The NCRFNCRFW then acted as an “advisory body to the President
and the Cabinet on policies and programs for the advancement of women.”22 PD No. 633
provides that NCWFR was mandated “to 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.”
In the same period, the NCRFW established the BalikatansaKaunlaran (working shoulder to
shoulder for progress”) to address the problem of rural poverty through community cleanliness,
nutrition, food production, literacy and education; the Balikatan channeled the NCRFW’s
energies towards economic projects.23
During the administration of former

mer President Corazon Aquino, the NCRFW’s goals were geared
towards women participation in national development. Hence, gender mainstreaming was slowly
incorporated in the policy formulation and implementation of various government agencies and
instrumentalities.
lities. It was during this period that the first Philippine Development Plan for Women
(1987- 1992) was introduced. Likewise, Republic Act (R.A.) 7192 or the Women in
Development and Nation Building Act, a landmark law, was passed. 24
It was during the incumbency

umbency of former President Ramos that many policies and laws addressing
women rights and issues, through the active role of the NCRFW, were passed. Among these
policies and laws were:
• The Gender Responsive Development Plan (GRDP) was a 30 30-year
year government plan that
incorporated gender issues in the national development plans.
• The Gender and Development Budget allocated at least 5% of the total budget of a
department and LGU for Gender and Development (GAD).
• The passage of the Anti-Rape
Rape Law and the Anti
Anti-Sexual
ual Harassment Law.
• Upholding the rights and dignity of women’s migrant workers.
• Advocacy against trafficking of women and girls.
The Estrada administration continued the mainstreaming of gender concerns. Moreover, the
government initiated regional networking
tworking on women issues.
Under the administration of President Gloria Macapagal

Macapagal-Arroyo,
Arroyo, a Framework Plan for Women
was adopted. The plan is focused on three strategic areas:
1. Promotion, defense and protection of women’s human rights.
2. Promotion of the economic empowerment of women.
3. Development of engendered good governance systems at the national and local levels.
21
De Dios, Javate Aurora, NCRFW and NGOs: An Enduring Partnersh
Partnership, (Paper
Paper Read During the Policy Dialogue on Gender
Equality Organized by the Gender Equality Bureau, Cabinet Office and the Gender Equality Division Tokyo, Japan), November
17, 2001, p.1.
22
http://www. pcw.gov.ph.
4
23
De Dios, Javate Aurora, NCRFW and NGOs: An Enduring Partnership
Partnership, (Paper
Paper Read During the Policy Dialogue on Gender
Equality Organized by the Gender Equality Bureau, Cabinet Office and the Gender Equality Division

24
Ibid.
On August 14, 2009, President GMA signed into law R.A.9710
9710 or the “Magna Carta of Women”
that paved the way for the renaming of NCR
NCRFW FW into the Philippine Women Commission
(PWC).25
The present administration of President Benigno Aquino III continues to adopt the GAD
mainstreaming and the integration of women issues in the national development policies and
programs.
From the time the NCRFW was established up to the present administration of President Aquino,
many women issues and concerns have already been substantially addressed. In the span of 40
years, through the leadership and advocacy of the NCRFW, many laws and policies have been
passed to safeguard the rights of women. No less than the 1987 Philippine Constitution
recognizes the importance of upholding at all times the fundamental equality between men and
women. Women’s significant role and contributions in natnational
ional development and nation-building
nation
have already been duly recognized and upheld mainly through the effort of the commission in
partnership with civil society organizations. However, there are still cases and areas in
Philippine economic, social, cultur
cultural,
al, and political landscapes where the commission should
double its efforts in safeguarding the rights of women. There are still both reported and
unreported cases where women are subjected to abuses and discrimination. Legislation of laws
safeguarding the rights women is not an assurance that the abuses and discrimination against
women will end. These laws should not remain as just reminders but as laws that must be
enforced.
3. The Magna Carta of Women

Republic Act (R.A.) 9710,26 An Act for the Magna CarCarta of Women, may be considered as the
omen.27 With this, we will find a lot of similarities between the
Philippine Bill of Rightsfor Women.
Magna Carta of Women and the Convention on the Elimination of All Forms of Discrimination
against Women.Itprotects
protects women from violence, urges empowerment, promotes equality and
representation, and upholds the basic human rights.
The Magna Carta of Women was signed into law on August 14, 2009.It serves as our country’s
pledge to the Convention the Elimination of All Forms ooff Discrimination against women in
2006. It is our local translation of human rights for women, based on international law.28 It
follows the Vienna Declaration, granting privileges to women in order to achieve the capacity to
improve their lives and decrease their vulnerability. Moreover, it affronts their dignity and
reiterates equal opportunities for men and women.29
One of the salient provisions of the Magna Carta of Women can be found on Chapter 4, Section
9 – Rights and Empowerment. It provides for (1) an increase in the recruitment and training of
women in the police force, forensics and medico
medico-legal, legal services and social work service, (2)
25
Philippine Commission
ssion on Women, ‘Herstory’, 2009.< http://www.pcw.gov.ph/pcw>.
26
Rep. Act. No. 9710 (2009).
27
5
T. Salud, Philippine Magna Carta of Women: The Bill of Rights of Filipino Women. 2010.
28
Philippine Commission on Women, Republic Act 9710 (2009).< http://pcw.gov.ph/law/republic-act-9710>.
9710>.

29
S. No. 474, 1st Sess. (2004).
desks specifically created for violence against women crimes,, (3) gender trainings on human
rights30 and
nd (4) representation of women in the public sphere.31
The first was established to create a more approachable department for gender
gender--related offenses.
Facts point outhow gender-related
related offensesare disproportionately concentrated on women. The T
most common crimes relating to this matter focus on sexual assault, violence, incest,
inces mutilation
and exploitation.32Said increase in the recruitment and training of women in the concerned
departments gives confidence to offended parties as well as public servan
servants.
To support this further, the establishment of Violence Against Women (VAW) desks all over the
country has also been implemented
implemented.. According to the Department of the Interior and Local
Government, almost 75% of barangays in the countryhas adopted these VAW desks to respond
to gender-related violence.33 The VAW desks primarily record aand nd report cases affecting
women; andthehe people manning these desks, as well as those in recruitment, are required to
attend mandatory gender sensitivity trainings.
The Civill Service Commission, along with the Department of National Defense,
Defense even launched
34
seminars to use non-sexist
sexist languages and trainings to promote the integration of women as full
and equal partners of men.35The State revised materials adequately to eliminate gender-gender
36
stereotypes and use gender-sensitive
sensitive language.
Moreover, it is of no public knowledge that the Magna Carta of Women also provides for equal
access and elimination of discrimination in educ
education, scholarship and training.. It seeks fairness
through this provision:
Expulsion and non-readmission
readmission of women faculty due to pregnancy outside of marriage shall be
outlawed. No school shall turn out or refuse admission to a female student solely on the account of
her having contracted pregnancy outside of marriage during her term in school.37
The aforementioned provision aims to protect a woman’s right to education, which is commonly
denied by schools because of unprecedented pregnancies.
In 2010, the Philippines had 207,898 registered births by teenage mothers,, showing a 20%
increase from a ten-year (2000-2010).38 The establishment of the Magna Carta of Women
year period (2000 W
retellshow
how education shall be equally accessible to all
all, especially to the female gender.
gender It entails
respect for the development of human personality39 which we can only attain when education is
available to all – pregnant or not pregnant.
30
Rep. Act. No. 9710 (2009), sec. 9.
31
Ibid, sec. 11.
32
M. Morash, Understanding Gender, Crime, and Justice (2006).
33
Official Gazette (March 2014).
34
Civil Service Commission, Memorandum um Circular No. 12, (2005).
35
Rep. Act. No. 7192 (2008).
36
Rep. Act. No. 9710 (2009), sec. 13.
37
Ibid.
38
United Nations Population Fund, ‘Philippines Highlights Rising Teen Pregnancy on 1st International Day of Girl Child’ (2010).
6
<http://www.unfpa.org.ph/index.php/news/112
ndex.php/news/112-philippines-highlights-rising-teen-pregnancy-on-1st-international
international-day-of-girl-
child>.

39
Another right established by the Magna Carta of Women is depicted in cases where a nuptial is
on the table, the Magna Carta of Women grants equa equal rights relating to marriage and family
relations. It reiterates how women can freely choose a spouse, enter or leave marriages, pick
family planning methods and attain equal rights for both spouses.40 This is founded upon Article
16 of the Universal Declaration
ration of Human Rights: the right to marry and to found a family.
Finally, the most famous provision of R.A. 9710 resides on special leaves. These allow
employees to be paid for labor despite their absence from work through incentive
leaves.41Women are entitled two months with full pay based on the grossly monthly
compensation relating to surgeries for gynecological disorders care 42The
disorders,, especially maternal care.
right to work, to experience favorable condition in the work environment and to avail protection
against unemployment43 are guaranteed by this Republic A Act.
4. The Anti-Rape Act

Another product of the UN Conventions is the passage of R.A. No. 8353 or the “The Anti-Rape
Anti
Act of 1997”. 44
8353 expanded the definition of the crime of rape in Article 335 of the
First and foremost, R.A.8353
Revised Penal Code, reclassifying it as a crime against persons instead of a crime against
chastity. Through R.A. 8353, rape is no longer a private crime, which allows the institution of
criminal prosecution by any concerned citizen. In effect, “pardon by the offended party of the
offender in the crime of rape will not extinguish the offender’s criminal liability.”45
Aside from conventional rape, the amendment also allowed the commissio commissionn of rape through
means other than penile penetration of the vaginal or orifice.
ifice. Rape by sexual assault can now be
committed by inserting the penis into another person's mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of aanother person.46R.A.8353 also initiated statutory rape
as seen in the following provision:
"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
XXX
d) When the offended party is under twelve (12) years of age or is demented, even though none of the
circumstances mentioned above be present.
Finally, the Anti-Rape

Rape Act began to recognize marital rape. This is rape committed against the
mplied under the new law.47This brings to life how men and women who have
wife, which is implied
entered marriage acquire equal rights during marriage and dissolution48, as mentioned in the
UDHR.
40
Rep. Act. No. 9710 (2009), sec. 19.
41
Labor Code, art. 95.
42
Rep. Act. No. 9710 (2009), sec. 18.
43
44
Rep. Act. 8353 (1997).
45
People of the Philippines vs. Bonaagua, 650 SCRA 620 (2011).
46
7
Rep. Act. 8353 (1997).

47
F. Pamaos, ‘The Anti-Rape
Rape Law of 1997’ (2006). <
<http://jlp-law.com/blog/anti-rape-law-1997-republic-act
act-8353>.

48
The Rape Victims Assistance Act49 followed through this initiativeiative by providing assistance and
protection for rape victims. The Act aims to establish a government hospital or health clinic or
any other suitable place for the purpose of every province and city to resolve a rape crisis. It
provides psychological counseling,
seling, free legal assistance, speedy arrest of offenders, privacy and
safety of rape victims, training programs for law enforcers and programs for victims’ recovery.50
Republic Acts No. 8353 and 8505 upholds a person’s life and liberty51 and equal rights to
t
marriage52 as protected by the society and the State.
5. Violence Against Women and Their Children

Because of the alarming number of domestic violence in many of the countries in the East and
Southeast Asia region, a conference entitled “Regional Workshop on Domestic Violence
Legislation: Moving towards Regional Networking and Strategies”53 was held to recognize the
pervasive social problem. ASEAN countries, including the Philippines, participated in the said
conference.
Our Filipino delegate, Ms. Elizabet

Elizabeth U. Yang, thereon disclosed that violence is a public issue
since the early ’90s. Prior to this, military rape and sex tourism were the only forms of violence
being pushed in the advocacies of women’s groups. In fact, during the mid mid-‘80s,
‘80s, specifically
after
er the Third U.N. World Conference on Women in Nairobi, where Violence Against Women
was formally adopted as an official agenda, Filipino women who attended the conference
brought home the issue. Local initiatives and discussions were undertaken on the scope sco of the
problem and how the different forms of violence in the workplace, in the community and in the
family could best be addressed.
With the recognition of the issue and through the relentless advocacy of women groups,
landmark laws to address the issue
sue of Violence Against Women were passed. Among these were
the following:
• R.A. 6995 declaring unlawful the practice of matching Filipino women for marriage to
mail-order basis and other similar practices54
foreign nationals on a mail
• R.A. 7610 protecting child ren against child abuse, exploitation and discrimination55;
children
• R.A. 7877 known as the Anti Anti-Sexual Harassment Act56
• R.A. 8042 instituting the policies of overseas employment and protecting and promoting
the welfare of migrant workers, their families and overseas Filipino in distress57;
• R.A. 8353 expanding the definition of rape and reclassifying it from a crime against
chastity to a crime against persons58;
49
Rep. Act. 8505 (1998).
50
Ibid.
51
52
53
UNIFEM Bangkok, Regional Workshop on Domestic Violence Legislation: Moving towards Regional Networking and
Strategies (2003).
54
Rep. Act. 6995 (1989).
55
Rep. Act 7610 (1992).
8
56
Rep. Act. 7877 (1995).
57
Rep. Act. 8042 (1995).

58
Rep. Act. 8353 (1997).
• R.A. 8369 establishing family courts with exclusive jurisdiction over child and family
cases59;
• R.A. 8505 providing for assistance and protection for rape victims and establishing a rape
crisis center in every province and city60; and just very recently
• Trafficking Act.61
R.A. 9208 The Anti-Trafficking
Unfortunately, at the time these laws were approved, no domestic violen

violence
ce law was yet in effect.
To begin such, two versions have been passed in the Lower House namely: House Bill 5516 on
Abuse of Women in Intimate Relations (AWIR)62 and House Bill 6054 on Anti-
the Anti-Abuse Anti
63
Domestic Violence (DV). Counterpart bills were also pendpending forr deliberations in the Senate
throughoutthis period.64
A year after, Senate Bill No. 272365 was enacted giving birth to R.A. 9262. This was the result of
the consolidation of former senate bill and House Bill Nos. 5516 and 6054. R.A. 9262 was
passed by the Senate and the House of Representatives on January 29, 2004 and February 2,
2004, respectively.66
R.A. 9262 embodied human rights violation on the following provision:

SECTION 5. Acts of Violence Against Women and Their Children. - The crime of violence
against women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physic
physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or
herr child has the right to engage in, or attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or threat of force, physical or other harm or
threat of physical or other harm, or intimidation directed against the woman or child. This
shall include, but not limited to, the following acts committed with the purpose or effect of
controlling or restricting the woman's or her child's movement or conduct.
The aforesaid provision protects the woman against (1) depri

deprivation
vation of custody, (2) deprivation of
financial support, (3) deprivation of legal rights, (4) preventing the woman in any legitimate
profession or controlling the conjugal money, (5) inflicting physical harm to control the woman’s
decisions, (6) forcing anyy sexual activity by force, threat or intimidation, (7) causing any alarm
producing emotional or psychological distress to the woman or child, (8) stalking and (9) any
form of harassment or violence.67
59
Rep. Act 8369 (1997).
60
Rep. Act. 8505 (1998).
61
Rep. Act. 9208 (2003).
46
H. No. 5516 12th Cong. 2nd Sess. (2003).
63
H. No. 6504 12th Cong. 2nd Sess. (2003).
64
Report of Elizabeth U. Yang, Community--Based Approaches to Address Domestic Violence (2003).
9
65
S. No. 2723, 12th Cong. 3th Sess. (2004) .
66
Rep. Act. 9262 (2004).

67
Ibid.
The acts enumerated in the provision also extend to alll forms of violence which were commonly
committed upon women and their children. Because of this, wife battering cases have been
R.A.9262’ instead of the usual physical injuries category.68
categorized under ‘Violation of R.A.
VAWC likewise upholds Article 3 of the Universal Declaration of Human Rights which states,
“Everyone has the right to life, liberty and security of person.”
6. The Anti-Trafficking Law

R.A. 1036469 was enacted to supplement and broaden the scope of R.A. 9208, entitled “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 ttrafficked
rafficked persons,
providing penalties for its violations and for other purposes” by reinforcing and expanding the
scope of the pertinent provisions of the latter particularly attempts to commit Trafficking70 where
Section amends Section 4-A A of R.A. 9208 as follows:
SEC. 4-A. Attempted Trafficking in Persons. – Where there are acts to initiate the commission of a
trafficking offense but the offender failed to or did not execute all the elements of the crime, by
accident or by reason of some cause other than voluntary desistance, such overt acts shall be
deemed as an attempt to commit an act of trafficking in persons. As such, an attempt to commit
any of the offenses enumerated in Section 4 of this Act shall constitute attempted trafficking in
persons.
In casess where the victim is a child, any of the following acts shall also be deemed as
attempted trafficking in persons:
(a) Facilitating the travel of a child who travels alone to a foreign country or territory
without valid reason therefor and without the required clearance or permit from the
Department of Social Welfare and Development, or a written permit or justification
from the child’s parent or legal guardian;
(b) Executing, for a consideration, an affidavit of consent or a written consent for adoption;
(c) Recruitingg a woman to bear a child for th
the purpose of selling the child;
(d) Simulating a birth for the pu
purpose of selling the child; and
(e) Soliciting a child and acquiring the custody thereof through any means from among
hospitals, clinics, nurseries, daycare centers, rrefugee
efugee or evacuation centers, and low-
low
income families, for the purpose of selling the child.
Aside from that, said law discusses the liability of accomplices71 and accessories;72 embodied
under Section 6 which includes a new provision pertaining to the liability of accomplices and
accessories. It respectively states:
Section 6. A new Section 4-B
B is hereby inserted in Republic Act No. 9208, to read as follows:
SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets, cooperates in the
execution of the offense by previous or simultaneous acts defined in this Act shall be
punished in accordance with the provisions of:
Section 7. A new Section 4-C

C is hereby inserted in Republi
Republicc Act No. 9208, to read as follows:
SEC. 4-C. Accessories. – Whoever has the knowledge of the commission of the crime,
and without having participated therein, either as principal or as accomplices, take part in
its commission in any of the following manne
manners:
68
Philippine Commission on Women, ‘Statistics on violence against Filipino women’
(2015).<http://www.pcw.gov.ph/statistics/201405/statistics
(2015).<http://www.pcw.gov.ph/statistics/201405/statistics-violence-against-filipino-women>.
69
Rep. Act. No. 10364 (2012)
10
70
Ibid, Sec. 5
71
Id., Sec. 6

72
Id., Sec. 7
(a) By profiting themselves or assisting the offender to profit by the effects of the crime;
(b) By concealing or destroying the body of the crime or effects or instruments thereof,
in order to prevent its discovery;
(c) By harboring, concealing or assisting in th thee escape of the principal of the crime,
provided the accessory acts with abuse of his or her public functions or is known to
be habitually guilty of some other crime.
Finally, the Anti-Trafficking

Trafficking law provides a re
re-definition
definition and inclusion of additional acts that
promote trafficking in persons73 under Section 8 thereof, in clear, plain and unambiguous terms
which resemble or constitute the act of “Trafficking” as defined. It also identifies persons who
are liable as Qualified Traffickers.74
R.A. 10364 likewise amplified Section 6 of R.A.No. 9208 as amended under Section 9 thereof
which reads:
Section 9. Section 6 of Republic Act No. 9208 is hereby amended to read as follows:
SEC. 6. Qualified Trafficking in Persons. – Violations of Section 4 of this Act
shall be considered as qualified trafficking:
"x x x
(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a
person who exercises authority over the trafficked person or when the offense is
committed by a public offic
officer or employee;
xxx
(f) When the offender is a member of the military or law enforcement agencies;
(g) When by reason or on occasion of the act of trafficking in persons, the
offended party dies, becomes insane, suffers mutilation or is afflicted with Human
Hu
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS);
(h) When the offender commits one or more violations of Section 4 over a period
of sixty (60) or more days, whether those days are continuous or not; and
(i) When the offen
offender
der directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking.
These particular issues were singled out apart from the other amending provisions of R.A. 10364
which pertain merely to the procedure of the prosecution and liabilities of the offenders, as these
aforementioned issues focus primarily on the broadening, defining and particularly specifying
the acts and qualifications of those who may be in violation of the said law. Leaving a very small
amount
unt to nothing at all of leeway to those who might try to perpetrate the act or circumvent the
law itself.
The law was not particular as to who may benefit the protection it grants or who may claim such
privilege. However, according to a statistical dat
dataa gathered from 155 countries provided by the
United Nations Office on Drugs and Crimes (UNODC), the most common form of human
trafficking is, sexual trafficking wherein most victims of said sexual exploitation are women and
girls.75 This leads us to a conclusion
lusion that the Anti
Anti-Trafficking
Trafficking Law is imperative and must be
strictly observed, particularly when it comes to women and girls who are more prone to this
abuse.
73
Id., Sec. 8.
11
74
Id., Sec. 9.
75
UNODC, “Report
Report on human trafficking exposes modern form of slavery”, (2009).

<http://www.unodc.org/unodc/en/human-trafficking/global
trafficking/global-report-on-trafficking-in-persons.html>.
7. Law Against Sexual Harassment
Sexual harassment has been a common occurrence in the daily lives of women. It may even be
considered as the most common violence against them. This is a social issue that is deeply rooted
in power relations between men and women, and underlies the view that women are still deemed
the weaker sex.76
In our laws, sexual

ual harassment has been defined as any form of sexual behavior by members of a
dominant gender group towards members of a subordinate gender group whose typical effect is
to cause members of the subordinate group experience their powerlessness.77 Several theories
about the cause of sexual harassment are being contemplated up to this day.78
Sexual Harassment Act of 199579 articulated the Congress’ determination

R.A.7877 or the Anti-Sexual
to outlaw “all forms of sexual harassment” especially in the workplace, education
educati and training
environment.80 Prior to the enactment of this law, only the provisions of the Revised Penal Code
addressed the rampant abuses toward women. The acts punished under crimes against person and
crimes against chastity were the only ones punished
punished.. This prompted the Congress to come up
with a law that would protect the rights of workers and students or trainees.81
Under the Declaration of Policy of R.A.7877:

“The State shall value the dignity of every individual, enhance the development of it 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 employmen
employment,t, education or training environment are hereby declared unlawful”.82
This Act has been considered a landmark legislation as it finally gave a name and legal
recognition to such unwelcome sexual advances. Because prior to the passage of R.A. 7877, the
ippine laws, including labor laws, were silent on sexual harassment.83
Philippine
Under this law, it defines sexual harassment as committed by an employee, manager, supervisor,
agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who,
having authority, influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from the other, regardless
of whether the demand, request or requirement for submiss ion is accepted by the object.84
submission
R.A.No.
No. 7877 covers all forms of harassment. It is broad enough to cover same-sex same and
different-sex
sex cases of sexual harassment. Its utilization of gender
gender- neutral terms effectively aid a
gender-sensitive correct notion of sexual harassment.85
sensitive or politically corr
76
Philippine Commisiion on Women, Anti- sexual harassment (2009) <www.pcw.gov.ph/wpla/antisexual--harassment>
77
Crosthwaite and Priest, The definition of Sexual H
Harassment, Australian Journal of Philosophy, 1986.
78
Bautista, C. (n.d.) Sexual Harassment: Bridging theGender Drive
Drive, 122.
79
Rep. Act No. 7877 (1995), sec 1.
80
Bautista, C. (n.d.) Sexual Harassment: Bridging theGender Drive
Drive, 122.
81
Ibid, at 126.
82
Rep. Act No. 7877 (1995), sec 2.
12
83
84
Rep Act No. 7877 (1995), sec 3.

85
Bautista, C. (n.d.) Sexual Harassment: Bridging the Gender Drive
Drive, 148
However, the definition of sexual harassment in R.A. 7877 is limiting. It does not specifically
address the issue of “hostile environment” sexual harassment between peers or co-
co employees.
Under the law, sexual harassment presupposes the existence of authority, influence or moral
ascendancy between the offender and the offended party.86
The sexual harassment described under the said Act stemmed from the notion of gender or
sexual discrimination.87 Under the Universal Declar
Declaration of Human Rights,
“All are equal before the law and are entitled without any discrimination to equal protection of the
law. All are entitled to equal protection against any discrimination in violation of this Declaration
and against any incitement to such discrimination”88
“Everyone has the right to work, to free choice of employment, to just and favourable conditions
of work and to protection against unemployment. Everyone, without any discrimination, has the
right to equal pay for equal work. 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”.89
As a Member State in the Commission on th thee Status of Women, the Philippine government
must make necessary actions to implement the agreed conclusions of the commission. Hence,
there is move to amend the existing R.A. 7877.90 This move to amend the law is to address the
limitations of the said Act in order to further promote women’s rights and gender equality.91
It is then contemplated that the Anti

Anti-Sexual
Sexual Harassment Law is an example of progressive and
dynamic legislation as the concept itself is vague and evolving. It is then imperative that sexual
harassment be studied carefully as it reflects the values of our society.92
8. Women Suffrage Act

As early as 1905, Filipino women had been fighting for the right to vote that was denied tot them
in the 1899 Malolos Constitution. The country’s first election
ction law, enacted by the Philippine
Commission during the United States colonial regime, was named Act 1582 or “The Act
Providing for the Holding of E Elections in the Philippine Islands, for the Organization
rganization of the
purposes.”93 This took effect on January 15, 1907. Under the
Philippine Assembly, and for other purpos
act, the right to vote was limited to male citizens
citizens, 23 of age or over, with legal residence in the
Philippines.
On said date, women

omen were not allowed to vote for they were regarded as mere extensions of the
personality of their husbands or father
fathers. They are also believed to be unfit
fit to participate in the
affairs of the government,, leaving them at home
home. But with the strong clamor from women’s
groups94 for equality between men and women in the exercise of suffrage, the framers of the
Constitution left the question on women’s suffrage to the people.
86
87
Bautista, C. (n.d.) Sexual Harassment: Bridging the Gender Drive
Drive, 124
88
The Universal Declaration of Human Rights (1948), sec.7.
89
The Universal Declaration of Human Rights (1948), sec.8.
90
Philippine Commisiion on Women ,Expanding
Expanding the Anti
Anti- Sexual Harassment Law
91
Ibid.
92
Id.
13
93
Act No. 1582 (1907).

94
National Federation of Women’s Clubs of the Philippines (NFWC).
In the arena of politics and legislation, the role of women was first heightened by the Suffragist
Movement from 1898-1937 1937 which gave the Filipino women the right to vote and be voted
upon.Organizations like the Woman’s Club of Manila later convened into the National
Federation of Women’s Clubs, the National League of Filipino Women and the Philippine
Association of University Women. Th Thee members of these groups attended the public hearings of
the Committee on Suffrage of the Constitutional Convention of 1934, as well as published
informative articles in the Liwayway and Taliba. They hey formed a General Council of Women to
coordinate the suffragist
fragist movement
movement.
Fortunately, the
he advocates succeeded in their campaign as Article V of the 1934 Constitution
extended suffrage to women.. This
Thiscomprised another round of intensive campaigning by the
General Council of Women for the plebiscite on April 30, 1937. Again, the election turnout was
favorable - rounding up a full 447, 725 ‘yes’ against 44, 307 ‘no’ votes. As a result, on
September 17, 1937, Filipino women finally gained universal suffrage signed by Manuel L.
Quezon, President of the Philippine Commonwealth.
also paved the way for Filipino women being given the right to
The Women Suffrage Actalso
participate in public and poli
political
tical affairs and made known the existence of woman
95
power. March 29, 1984 was also declared as “Woman’s Suffrage Day” by former President
Ferdinand Marcos through Presidential Proclamation 2346.
he Woman Suffrage Act brought to life the human right to take part in government
Indeed, the
actions, equal access to public service and equal free voting procedures96 as embodied in the
Universal Declaration of Human Rights.
9. Responsible Parenthood and Reproductive Health Care Act

After 14 years of heated debates and deliberations in Congress, the Reproductive Health (RH)
Law, or "Responsible Parenthood and Reproductive Health Act of 2012" was finally signed into
law on December 21, 2012 by President Benigno Aquino III. The passage of the controversial
measure mandates the government to provide free or subsidized family planning options for
health centers in the country. The government will also be required to provide age-appropriate
age
sexuality education in public schools and family
family-planning
lanning training for community health officers.
The RH Law guarantees universal access to methods on contraception,, fertility control, sexual
education, and maternal care.
Reproductive health and family planning have long been considered as universal human rights.
“These human rights have the status of international law, and find expression in international
political declarations and plans of action, such as the Beijing Declaration and Platform for
Action, the Vienna Declaration on Human Rights and the Millennium Declaration and
Development Goals (MDGs).”97 Furthermore, “the right to family planning is explicitly
95
Jerome Aning “Women mark anniversary of right to vote (2011)<http://newsinfo.inquirer.net/4285/women
http://newsinfo.inquirer.net/4285/women-mark-anniversary-
of-right-to-vote>.
14
96
97
Countdown 2015 Europe, “Family Perspective,” International Planned Parenthood Federation-
Family Planning from a Human Rights Perspective Federation

European Network. Fact Sheet 2012.
expressed in a number of thesee agreements, including the 1994 ICPD Programme of Action,
which states that reproductive rights, including family planning, are rooted in the: ‘recognition of
the basic right of all couples and individuals to decide freely and responsibly the number,
spacing and timing”.98Therefore, it is an obligation of states to ensure access to accessible,
affordable, appropriate and good
good-quality
quality family planning and services free from coercion,
discrimination and violence.
The Philippines is a signatory to all of the

these conventions.
The proponents of the RPRH Law emphasize that the measure goes beyond demographic targets
because it is principally about the right to health and sustainable human development and the
right for self-determination.
determination. The salient features of tthe
he law are discussed by principal author
99
Representative Edcel C. Lagman:
• It creates an enabling environment for parents, couples and women to exercise their
fundamental human right to freely and responsively determine the number and spacing of
their children.
• It mandates the State to promote universal access to reproductive health and family
planning with particular emphasis on the poor, marginalized and disadvantaged quintiles.
• It promotes freedom of informed choice. Family planning methods and correct and
effective contraception are not enforced by compulsion nor enticed by reward. The
central and ennobling agenda is freedom of informed choice.
• It pursues a poverty alleviation and sustainable human development agenda.
• It is pro-women and the he central figure in the RH agenda is the woman.
• It mandates the State to adopt and promote adolescent reproductive health and sexuality
education.
• It upholds fealty to the constitutional policy against abortion.
• It is neither a population control measur
measure nor an anti-natalist policy.
• The RH law respects freedom of religion.
• It implements the Philippines’ international commitments in various covenants promoting
reproductive health and family planning.
• It is a health measure, particularly for women and infants.
• Contraceptives are not abortifacients and are in fact included in the Philippine National
Drug Formulary.
The Supreme Court delayed the implementation of the law in March 2013 in response to 14
petitions challenging its constitutionality and 2 interventions to uphold its constitutionality. On
April 8, 2014, the Court unanimously ruled that the law was "not unc unconstitutional"
onstitutional" except with
respect to the following provisions that were declared unconstitutional:100
1) Section 7, and the corresponding provision in the RH RH-IRR
IRR insofar as they: (a) require
private health facilities and non
non-maternity specialty hospitals and hospitals
ospitals owned and
operated by a religious group to refer patients, not in an emergency or life-threatening
life
98
Ibid.
15
99
Lecture delivered by former Rep. Edcel C. Lagman, The RH Law and its Salient Provisions,, (Pi Gamma Mu International
Honor Society U.P. Chapter, Faculty Center UP Diliman, September 26, 2013
2013).

100
http://sc.judiciary.gov.ph/microsite/rhlaw/
case, as defined under Republic Act No. 8344, to another health facility, which is
conveniently accessible; and (b) allow minor minor-parents or minors who o have suffered a
miscarriage access to modern methods of family planning without written consent from
their parents or guardian/s;
2) Section 23(a)(1) and the corresponding provision in the RH RH-IRR,
IRR, particularly section
5.24 thereof, insofar as it punishes an any y health care provider who fails or refuses to
disseminate information regarding programs and services on reproductive health
regardless of his or her religious beliefs.
3) Section 23(a)(2)(i) and the corresponding provision in the RH RH-IRR
IRR insofar as they allow
all
a married individual, not in an emergency or life life-threatening case, as defined under
Republic Act No. 8344, to undergo reproductive health procedures without the consent
of the spouse;
4) Section 23(a)(3) and the corresponding provision in the RH RH-IRR, particularly
rticularly section
5.24 thereof, insofar as they punish any health care provider who fails and/or refuses to
refer a patient not in an emergency or life life-threatening
threatening case, as defined under Republic
Act No. 8344, to another health care service provider with within
in the same facility or one
which is conveniently accessible regardless of his or religious beliefs;
5) Section 23(b) and the corresponding provision in the RH RH-IRR,
IRR, particularly section 5.24
thereof, insofar as they punish any public officer who refuses to ssupport upport reproductive
health programs or shall do any act that hinders the full implementation of a reproductive
health program, regardless of his or her religious beliefs.
6) Section 17 and the corresponding provision in the RH RH-IRR
IRR regarding the rendering of
pro-bono
bono reproductive health service, insofar as they affect the conscientious objector in
securing PhilHealth accreditation.
7) Section 3.01(a) and (j) of the RH RH-IRR
IRR insofar as it uses the qualifier “primarily” for
contravening sec. 4(a) of the RH Law and vviolating iolating section 12, Article II of the
Constitution.
8) Section 23(a)(2)(ii) insofar as it penalizes a health service provider who will require
parental consent from the minor in not emergency or serious situations.
The RPRH Law and its Implementing Rules and Regulations ions (IRR) have been deemed effective
with the lifting of the Status Quo Ante Order (SQAO) by the Supreme Court on April 8, 2014.
The Department of Health, as the lead implementing agency of the law, created the National
Implementation Team (NIT) T) and the Regional Implementation Teams (RIT) for R.A. 10354. The
NIT and RIT are tasked to manage, monitor, and operationalize the implementation of the law
and is discussed as follows:
1. Accomplishments in Policy
a. Promulgation of the RPRH IRR
• Pursuant to RPRH Law Section 21, the DOH convened the Drafting
Committee and TAWG through DPO 2013 2013-0343
0343 dated January 7, 2013
for the RPRH IRR. The composition of the DC represented the
government agencies mandated to implement the law, the leagues of
LGUs, CSOs, and a faith-based group.
• The DOH conducted public consultations in Luzon, Visayas, and
16
Mindanao before the RPRH IRR was finalized.

• The IRR was promulgated last March 15, 2013 and was published in two
newspapers of general circulation last March 19, 2013. The IRR
I was also
submitted to the UP Law Center.
b. Development of DOH Operational Guidelines

c. Certification of Contraceptive Products as Non
Non-abortifacient
abortifacient by the Food and
Drug Administration
d. Development of Policies by other agencies, such as, PhilHealth, PopCom,
DSWD, DepEd, DILG, DOLE, PCW, NAPC, and LGUs/ULAP
2. Budget Allocation and Financing (direct
(direct-DOH
DOH budget and indirect sources-PHIC)
sources
3. Logistics Management/ Commodity Supply Chain Management
4. Demand Generation for RPRH services and Health Promotion and Communication
Communicati
Advocacies
5. Delivery of RPRH services to regions and local government units
6. Capacity Building
7. Governance- mobilizing local governments to actively participate in the implementation
of the law.
Two years after the passage of R.A.10354, the right to sexual and reproductive health has
remained illusive and illusory. As the delays in the implementation of the law drag on, the
reproductive health situation of the country continues to deteriorate. Here are a few of the
serious RH-related
related problems curren
currently
tly confronting the country as identified by the Philippine
Legislators Committee on Population and Development (PLCPD)101:
a. Family Health Survey (FHS) 2011 reported that the country’s maternal mortality ratio
is 221 deaths per 100,000 live births
births—a far cry from our national target of reducing it
to 62 per 100,000 live births by 2015.
b. Among the most serious problems currently faced by the youth is teenage pregnancy.
According to the 2013 National Health and Demographic Survey (NDHS), 11 percent
of Filipino womenmen aged 15 to 19 were already mothers while 2.6 percent were
pregnant with their first child in 2011. Moreover, according to the 2013 Young Adult
Fertility and Sexuality Study (YAFS 4), 32 percent of Filipino youth are sexually
active; 78 percent of young people who have had premarital sex did not use any
protection during their first time.
c. HIV cases in the country increased at a “fast and furious” rate, with 536 new cases
diagnosed January 2015 (or 18 new cases per day) according to the HIV/AIDS and
ART Registry
egistry of the Philippines (HARP) January 2015 Report.
Maternal and child health will be improved by reaching women and couples with unmet need for
family planning and ensuring their access to family planning, and making sure that all births are
attended by skilled birth attendants and are delivered in appropriate facilities that are able to
provide at least basic emergency obstetric care.
Teenage pregnancies and sexually transmitted infections may be prevented through serious
information and education and public awareness programs, including age
age-appropriate
appropriate sexuality
17

101
Jonathan Mayuga, Lobby Group Seeks RH Law Implementation
Implementation, Business Mirror, April 8, 2015.
and RH education in schools.
Although funding for the measures mentioned above is guaranteed through the annual General
Appropriations Act as provided by the law, the scope and stretch of service demand is great. It is
imperative that local government units allocate their own funds to create additional resources for
the upgradee of health facilities, capability building of health professionals, and for insuring that
family planning commodities are available and accessible to all who wishes to avail of them.
10. The Solo Parent’s Welfare Act

Atpresent-day,, statistics would show thathatt a lot of families are headed by solo parents. The
increase in solo-householdsthen directly correlates with the increase of marital problems. This
produces more families who succumb to the dreadful faith of disunity and separation. With these,
the economic,
c, marital, social and financial problems befall on the hands of the solo parent.
R.A.8972 commonly known as the Solo Parent’s Welfare Act, aids solo parents (especially
women) to live and give a decent life to their families. It has a vision to enable solo
s parents to
provide a more stable home with the assistance of the different agencies of the government
through it.
The declaration policy of R.A. 8972 states that it is the policy of the State to promote the family
as the foundation of the nation, str
strengthen
engthen its solidarity and ensure its total development. It shall
develop a comprehensive program of services for solo parents and their children to be headed by
the Department of Social Welfare and Development (DSWD) and participated by the different
government and non- government agencies.102R.A. 8972 was signed into law on November 7,
2000 and took effect on November 28, 20002000; its implementing rules and regulations (IRR) was
approved in April 2002.103
Today, the Congress is in the process of amending R.A.8972 8972 in order to expand the coverage and
benefits given to solo parents. It is submitted that solo parents are likewise entitled to discounts
normally given to other marginalized sectors of our society like the senior citizens and those with
disabilities. The intent of the said bill is to ensure the effective implementation of R.A. 8972 by
imposing penalties to those individuals and institutions who fail to enforce its provisions.104 But
while such bill is pending, Section 3 of R.A.8972 declares that a solo parent arent is any individual
who falls under any of the following categories:
1. A woman who gives birth as a result of rape and other crimes against chastity even without a
final conviction of the offender, provided that moth mother
er keeps and raises the child.
2. Parent left solo or alone with the responsibility of parenthood due to the following
circumstances: 105
a) Due to death of spouse.
Spouse is detained or is serving sentence for a criminal conviction for at least one (1)
year.
b) Physical and/or mental incapaci
incapacity
ty of spouse as certified by a public medical
102
Rep. Act. No. 8972 (2000).
103
NSO Gender and Development Committee (March 2008). Solo Parent’s Welfare Act and Parental Leave Questions and
Answers.
18
104
H. No. 506 (2000).
105
NSO Gender and Development Committee (March 2008). Solo Parent’s Welfare Act and Parental Leave Questions and

Answers.
practitioner.
c)Legal separation or de facto separation from spouse for at least one (1) year, as
long as he/she is entrusted with the custody of the children.
d) Declaration of nullity or annulment of marriage as decreed by a court or by a
church as long as he/she is entrusted with the custody of the children.
3. Unmarried mother/father who has preferred to keep and rear her/his child/children instead of
having others care for them or give the
them up to a welfare institution.
4. Any other person who solely provides parental care and ssupport
upport to a child or children.
5. Any family member who assumes the responsibility of head of family as a result of the death,
abandonment, disappearance or prolonged absence of the paren
parents or solo parent.
It provides a comprehensive package of programs and services for solo parents which includes
livelihood, self-employment
employment and skills development, employment
employment-related
related benefits, psychosocial,
educational, health and housing services.106
The law recognizes how solo parents have the greater burden of striving hard to sustain
sust the needs
of their families. It thus offers benefits subject to income threshold as set by the National
Economic and Development Authority (NEDA) and subject to the assess assessment
ment of the DSWD
worker in the area. Some of the benefits would include flexible work schedule, parental leave,
educational benefits, housing benefits, and medical assistance, as provided under Sections 6, 7, 8
of this Act.107
In fact, R.A.8972 is in pursuance

nce to Universal Declaration of Human Rights
Rights,, specifically:
(1) Everyone has the right to a standard of living adequate for the health and well-well
being of himself and of his family, including food, clothing, housing and medical
care and necessary social services
services,, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social
protection.108
It also sustains parental responsibility which refers to the rights and duties of parents as provided
in Article 220 of the Family
amily Code of the Philippines.
Without a doubt, the Solo Parents Welfare Act aims to develop a comprehensive package of
social development and welfare services for solo parents and even their children.
children It breathed life
to the Constitutional mandate that “the State shall promote the family as the foundation of the
nation, strengthen its solidarity and ensure its total development.”
Any deviation from the policies set forth in the aact ct would be an infringement of the rights of
qualified solo parents,, especially the mothers
mothers.. In the move to amend the existing act, penalties
are included to strengthen its implementation as well as additional benefits.
19
106
Ibid.
107
Rep. Act. No. 8972 (2000).

108
11. Anti-Mail Order Bride
In August 2013, Representative Cinchona Gonzales of CIBAC, filed in the Philippine House of
Representatives an amendment to extend the mail-orderorder bride law to internet services. It was
named “An act to declare unlawful the practice of matching Filipino women for marriage to
foreign nationals on a mail order basis and other similar practices, including the advertisement,
publication, printing
ing or distribution of brochures, fliers and other propaganda materials in
furtherance thereof and providing penalty therefore.”
The problem here lies in trafficking and in human rights violations which are difficult and
pressing issues for the public.109 One of the most popular forms of human trafficking is
i the mail
order bride business. It callously
callouslyreduces a woman into a commodity or thing,making her a
subject or object of business transactions. Historically, a mail order bride is a woman who lists
herself, either through ads, catalogs110 or otherwise, to be chosen by a man for marriage.111This
label has been commonly used in relation to Filipino women.
And with the growing times, companies have moved into cyberspace and devoted more effort in
matching men withth Filipinas. Through it, Filipino women were gravely abused by syndicates or
people who conduct business. It makes women a commodity to be bought either in the internet,
website or other written materials.112 With the advent of the internet, online matchmaking
websites have proliferated and largely replaced traditional paper
paper-based
based classifieds.
Such transaction is also known as the new era’s professional prostitution or high-end high
pornography.113 This act downgrad
downgrades es the integrity and status not only of Filipino women, but
also the Filipino citizens – to the detriment of our beloved nation.
If we look at our 1987 Constitution, it recognizes the role of women in nation

nation-building,
building, and shall
114
ensure the fundamental equality
ality before the law of women and men. The Anti-Mail Order
Bride law serves the intention of the constitution and preserves the honor of our nation.115 Hence,
on August 2013 the expansion of R.A.6955’s coverage was proposed. It makes illegal the use of
erspace as well as the postal service in promoting the mail order bride business.116
cyberspace
Under Section2 of R.A.6955,

6955, the following acts are declared illegal as well:
(a) For either natural or juridical persons, association, club or any other entity to commit, directly
d
or indirectly, any of the following acts:
• establishing or carrying on a business which has for its purpose the matching of Filipino
women for marriage to foreign nationals either on a mailmail-order
order basis or through personal
introduction;
109
UN Secretary General Report on “Trafficking in Women and Girls” presented at the 58th Commission on Human Rights
(2002) Geneva.
110
Rep. Act No. 6955, (1990).
111
C. Aranda, ‘Male Order Brides’, 2015. <http://www.manilatimes.net/maleorderbrides/158083>.
112
Ibid.
113
Id.
20
114
CONST. (1987), Art.2, Sec. 14.
115
Explanatory Note, House Bill No. 222, Sixteenth Congress 1st Regular Session, House of Representatives.
116
GMA News, ‘Bill seeks to criminalize online matchmaking’, 2013.

<http://www.gmanetwork.com/news/story/323472/scitech/socialmedia/bill
<http://www.gmanetwork.com/news/story/323472/scitech/socialmedia/bill-seeks-to-criminalize-online-matchmaking>.
matchmaking>.
• advertising, publishing, printing or distributing or causing the advertisement, publication,
printing or distribution of any brochure, flier, or any propaganda material calculated to
promote the prohibited acts mentioned above;
• soliciting, enlisting or in any manner at attracting
tracting or inducing any Filipino woman to
become a member in any club or association whose objective is to match women for
marriage to foreign nationals either on a mail
mail-order
order basis or through personal introduction
for a fee;
• To use the postal service to promote the prohibited acts mentioned above.
(b) For the manager or officer
officer-in-charge
charge or advertising manager of any newspaper, magazine,
television or radio station, or other media, or of an advertising agency, printing company or other
similar entities, too knowingly allow, or consent to, the acts prohibited in the preceding paragraph.
Again, R.A.6955
6955 declares it unlawful to “match Filipino women for marriage to foreign nationals
on a mail order basis and other similar practices including the advertisement, publication,
printing or distribution of brochures, fliers and other propaganda materials in furtherance
thereof.”117 However, in reality, the law is easily avoided by basing matchmaking agencies
outside the Philippines as no law prohibits the
their
ir operation in destination countries such as Japan,
the United States of America or South Korea.118
In 2009, the Commission on Filipinos Overseas (CFO) reported only three active cases open
against marriage brokers. No cases were reported between 2003 and 2007.119 While the law
prescribes penalties and sanctions, the Anti
Anti-Mail
Mail Order Bride Act remains an unenforced piece
intentioned legislation, together with R.A.9208,120 because of a slow and inefficient
of well-intentioned
Philippine judicial system.
To provide a short background, ffrom

rom 1989 to 2013, a total of 455,458 Filipino spouses were
sponsored for visas and travel by foreign nationals, based on CFO stats.. The US was the top
destination with 193,661;; Japan is second with 117,362. The other countries in descending order
or
of spouses migrating are Australia, Canada, Germany, South Korea, UK, Taiwan, Norway,
Sweden and others.121 The CFO conducts seminars or pre pre-departure
departure orientation to fiancées and
spouses. There is no record of how many of these hundreds of thousands of ffiancées
iancées and spouses
of foreign nationals started and consummated their relationshi
relationship
p through “mail-order”
“mail and the
internet.
Even inn April 2009, Philippine ambassador to South Korea Luis Cruz estimated 6,000 Filipinas
having met South Korean spouses through matchmaking agencies. Some of these brides have
complained of domestic violence or false information regarding their partner’s background.122
As a result, Philippine embassies issued warnings regarding inter
inter-racial
racial matchmaking agencies
that violate local laws
ws in their own country and use deceptive advertising. The Philippine
government officially markets skilled labor in the global employment stage, even tallying and
trumpeting the economic benefits that come with overseas employment in terms of remittances.
At the rate Filipinas are being marketed on the Internet as aspiring spouses or potential partners
117
Rep. Act No. 6955, (1990).
118
C. Aranda, ‘Male Order Brides’, 2015. <http://www.man
<http://www.manilatimes.net/maleorderbrides/158083>.
119
Ibid.
21
120
Rep. Act No. 9208, (2003).
121
C. Aranda, ‘Male Order Brides’, 2015. <http://www.manilatimes.net/maleorderbrides/158083>.

122
Ibid.
and the nonexistence of effective implementation of R.A. 6955 or R.A. 9208, Mail-Order
Mail Brides
might well be made an official policy as well.
The facts aforementioned

ementioned depict the violations against family rights of a person; that marriage
shall be entered into only with the free and full consent of the intending spouses; moreover that
the sanctity of the family is violated because the family is the natural and fundamental group unit
of society and is entitled to protection by society and the State.123 The Anti-Mail
Mail Order Bride Act
seeks to prevent the human rights violations involved.
12. An Act Increasing Maternity Benefits in Favor of Women Workers in the Private
Sectors
R.A.7322
7322 was introduced by Representative Nanette Castelo Daza to address the special concern
for working women. Primarily, the law increases the maternity benefits of women workers in the
government and in the private sector.124
This follows the Constitutional mandate that “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 enab
enable
le them to realize
125
their full potential in the service of the nation.” It also adopts the International Labor
Organization’s recommendation to provide measures for a full and healthy maintenance of a
woman.126
R.A. 7322 creates an amendment for R.A. 1161127 and provides this salient provision for women:
SECTION 1. Section 14-A
A of Republic Act No. 1161, as amended, is further amended to
read as follows:
"SEC. 14-A.A. Maternity Leave Benefit. - A covered female employee who has paid at least
three monthly maternity
nity contributions in the twelve
twelve-month
month period preceding the semester of
her childbirth, abortion or miscarriage and who is currently employed shall be paid a daily
maternity benefit equivalent to one hundred percent (100%) of her present basic salary,
allowances
wances and other benefits or the cash equivalent of such benefits for sixty (60) days…
Said provision entitles a new mother to maternity benefits for sixty days. Aside from recognizing
the woman’s role in nation building and promoting equality between men and women,128 there
are also other advantages earned from this maternity leave. A study from American Academy of
Pediatrics showed how women who delay their time to return to work, recuperates better,
lengthening their breastfeeding cycles.129
123
The Universal Declaration of Human Rights (1948), art. 16
124
Rep. Act. No. 7322, (1992).
125
CONST., art.XIII, sec. 14.
126
H. No. 923, 1st Sess. (1992).
127
22
Rep. Act No. 1161, (1954).

128
CONST., art.II, sec. 14.
129
C. Ogbuanu, ‘The Effect of Maternity Leave Length and Time of Return to Work on Breastfeeding’, 2011. <

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3387873>.
ww.ncbi.nlm.nih.gov/pmc/articles/PMC3387873>.
Very recently, Senator Antonio Trillanes IV had the same concerns. He asserts that maternity is a
vital function played by women, which we have to protect.130 Senator Nancy Binay also focuses
on this act, proposing to repeal Commonwealth Act No. 647 to eliminate the discrimination
discr
against pregnant unmarried women and married ones. The senator believes that all women
should be entitled with equal benefits.131
In addition to these statutory rights maintained by the senators, R.A. 7322 is compliant with the
Universal Declaration
on of Human Rights and will be discussed in the succeeding section.
section
13. Expanded Breastfeeding Promotion Act of 2009

R.A. 10028,132 or the Expanded Breastfeeding Promotion Act of 2009, is a consolidation of
Senate Bill No. 1698 and House Bill No. 879, 4012 and 6076. It amends the earlier bill, R.A.
7600133 entitled “Rooming-InIn and Breastfeeding Act of 1992” which provides breastfeeding
rooms in hospitals for new mothers.
The Expanded Breastfeeding Promotion Act saw the need for “facilities outside the home where
the mother can comfortably and privately breastfeed.” It sees to it that mothers could avail
designated places to express her milk. 134 In the United Kingdom, more than half of the mothers
try to avoid breastfeeding as it makes them feel uncomfortable. Mothers often experience
eding in public, especially because of unwanted strangers’ eyes.135
problems when breastfeeding
R.A.10028 tries to resolve this, with its main objective to promote maternal health136 and to
reduce the physical and emotional problems137 of Filipino mothers. Principal author Senator Pia
Cayetano says the law aims for an enlightened community, fully
fully-aware
aware of the advantages of
breastmilk and creating empowered mothers.138
The legislative proclaims that it is the mother’s right to breastfeed her child.139 To strongholdthis,
Section 8 of R.A.10028
10028 provides for the education and training of health workers and health
institutions. This enables mothers to provide sufficient and adequate support when maternal
concerns arise.
Furthermore, the following section also provides for competent dissemination of educational
programs to pregnant women and women of reproductive age. Accurate information is provided
130
H. No. 2656, 2nd Sess. (2015).
131
GMA News, ‘Senator seeks to increase maternity leave from two months to four months’, 2015.
<http://www.gmanetwork.com/news/story/441510/news/nation/senator
<http://www.gmanetwork.com/news/story/441510/news/nation/senator-seeks-to-increase-maternity-leave-from from-two-months-to-
four-months>
132
Rep. Act No.10028, (2009).
133
Rep. Act No. 7600 (1992).
134
S. No. 1767, 1st Sess. (1992).
135
V. Richards, ‘Half of new mums shy of breastfeeding in public’, 2010. <http://www.express.co.uk/news/uk/181402/Half-of-
<http://www.express.co.uk/news/uk/181402/Half
new-mums-shy-of-breastfeeding-in-public>
public>
136
L. Mesina, ‘AMSA-Philippines
Philippines Position Statement on the Breastfeeding and Milk Regulation Act’, 2012.
<http://www.amsaphil.org/2012_08_01_archive.html>.
137
S. No. 1767, 1st Sess. (1992).
138
23
J. Camacho-Tajonera,
Tajonera, ‘The Expanded Breastfeeding Promotion Act (R.A. 10028): Support for Breastfeeding Mothers in the
Workplace’, 2010. < http://www.smartparenting.com.ph/community/news/the
http://www.smartparenting.com.ph/community/news/the-expanded-breastfeeding-promotion
promotion-act-ra-10028-
support-for-breastfeeding-mothers-in-the-workplace>.
workplace>.

139
Rep. Act No. 7600 (1992), sec. 9.
to them for a successful and sustainable breastfeeding, concurrently taking care of the woman’s
health. 140
In general, the Expanded Breastfeeding Act creates a mother-friendly

friendly environment where the
psychological needs are attended well.141R.A. 10028 endorses the
basic physical, emotional and psyc
mother’s human’s rights mainly:
(1) Everyone has the right to a standard of living adequate for the health and well
well-being
being of himself
and of his family, including food, clothing, housing and medica medicall care and necessary social
services, and the right to security in the event of unemployment, sickness, disability, widowhood,
old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special car caree and assistance. All children, whether
born in or out of wedlock, shall enjoy the same social protection.142
The Expanded Breastfeeding Promotion Act of 2009 undeniably provides for the mother’s rights,
and incidentally, of her child as well.
14. The Anti-Photo

Photo and Video Voyeurism Act
R.A. 9995143 was enacted for the purpose of safeguarding the right of the people to a good life,
free from any kind of harassment tending to tarnish their reputation, through the infliction of any
serious mental, emotional and psychological distress upon their persons, and of providing a
concrete and immediate remedy for those subjects whose right to privacy had been violated
through the execution of the following acts as embodied under Section 4144 thereof:
• Taking a photo or video coverage of the victim’s sexual act, or capturing an image
of a person’s private area (genitals, pubic area, buttocks or female breast).
• Copying or reproduction of the photo or video of sexual act.
• Selling or distribution of the photo or video of sex
sexual act.
• Publishing, broadcasting, showing or exhibiting the photo or video of sexual act.
Due to the rapid development of our society, technology which disseminates or the gathers
information is being exploited too much. In such a very short time, it is now being used as a
means or a medium which tends to violate the privacy of a person without the risk of being
apprehended.
The need for its enactment was provoked by the evident alarming rise in reported complaints of
nude photos, sex scandals and sex vi
videos
deos of the victims, who are mostly girls and women, being
posted by another without their consent in social networking sites such as Facebook.145
Through R.A.9995,
9995, we keep an eye on UDHR’s provision that no one shall be subjected to
arbitrary interference with his privacy, family, and home.146
140
Rep. Act No., (2009), sec. 9.
141
Rep. Act No.(1992), sec. 2.
142
Universal Declaration of Human Rights (1948), art.25.
24
143
Rep. Act. No. 9995 (2010).
144
Ibid., Sec. 4.
145
Attorney at Work, ‘What
What Voyeurism? Meet the Anti
Anti-Photo
Photo and Video Voyeurism Act of 2009 (R.A. 9995)’
9995)

146146
Universal Declaration of Human Rights (1948), sec. 12.
15. An Act Instituting Policies for the Protection and Welfare of Domestic Workers or the
Domestic Workers Act or Batas Kasa Kasambahay
R.A. 10361 or the Batas Kasambahay was signed into law by President Benigno S. Aquino III
on January 18, 2013. The law is a landmark piece of labor and social legislation that recognizes
for the first time domestic workers as similar to those in th
thee formal sector. It strengthens respect,
protection, and promotion of the rights and welfare of domestic workers or kasambahay. R.A.
10361 is effect a legislation that is designed for women because majority of kasambahays are
women. R.A. 10361 defines a domestic worker or kasambahay as ““any any person engaged in
domestic work within an employment relationship, such as but not limited to the following:
general househelp, nannie or ‘yaya’, cook, gardener, or laundry person.”
According to the Department

epartment of Labor and Employment (DOLE), the adoption of ILO
Convention No. 189 or the Decent Work for Domestic Workers Convention during the
International Labour Organization Conference (ILO) in June 2011, contributed to the early
passage of the law.147 Thee Philippines chaired the two
two-year
year double discussion on the Convention
and Recommendation at the Conference Committee on Domestic Work.
President Aquino ratified the Convention on May 18, 2012 and the Senate concurred in the
ratification on August 6 of the he same year. The ratification of the Convention created legal
obligation for the Philippines to observe the principles embodied in the Convention, both in law
and in practice. Therefore, the Batas Kasambahay forms part of the Philippine’s compliance
withh ILO Convention 189 with the following summary of salient provisions.
a. Employment Contract- the employment relationship shall be covered by a written
employment contract which includes the following: duties and responsibilities of the
domestic worker; duration tion of the employment; compensation; authorized deductions;
hours of work and rest days; board, lodging, and medical attention, and terms of the
termination of contract.
requisite- the employer may demand prior to employment the
b. Pre-employment Pre-requisite
following:
ng: medical or health certificate; barangay/police clearance; NBI clearance; and
birth certificate or government issued identification card.
c. Prohibition on the employment of child workers below the age of 15 (fifteen).
d. Mandatory registration of domestic worker in the Registry of Domestic Workers in the
barangay where residence is located.
e. Leave Benefits- the domestic worker who has served for more than one (1) year is
entitled to leave benefits of 5 days with pay.
f. Social Benefits- the domestic worker who has served for more than one (1) month and is
receiving less than P5,000.00 as compensation per month is entitled to SSS, PhilHealth,
HDMF or Pag-ibig ibig benefits. Premium payments shall be to the account of the employer.
g. Minimum Wage- the compensation for ddomestic omestic workers shall be not less than P2,500
per month for those working in NCR, not less than P2,000 per month for those working
in chartered cities and first class municipalities, and not less than P1,500 per month for
those working in other municipalit
municipalities.
h. Unlawful Acts- the acts declared unlawful under the Act are the following: employment
of children below 15 years of age; withholding of wages; interference in the disposal of
25
147
Department
ent of Labor and Employment, ‘Batas Kasambahay’, 2013.<http://www.dole.gov.ph/pages/view/33>.

wages; requiring kasambahay to make deposits for loss or damage (placing themthe under
debt bondage); and charging another household for temporarily performed tasks.
i. Penal Provision- any violation shall be punishable by not less than P10,000 and not more
than P40,000 without prejudice to the filing of appropriate civil and criminal action
a by
the aggrieved party.
The kasambahay’s right to dignified labor has been enshrined in our laws since the issuance of
Presidential Decree No. 442, more popularly known as the Labor Code of the Philippines.
Article 141 of the decree defines “domest

“domestic
ic or household service” as “service in the employer’s
home which is usually necessary or desirable for the maintenance and enjoyment thereof and
includes ministering to the personal comfort and convenience of the members of the employer’s
household, including
ding services of family drivers.”
Under the law, helpers are entitled to a written contract, minimum wage, lodging, food and
medical assistance provided by the employer and not subtracted from the wage, domestic work
of no more than 10 hours a day and 4 ppaid aid vacationdays each month. Also, if the household
helper is below 18 years of age, she must be given an opportunity to complete at least an
elementary education and this is to be shouldered by the employer.
The actual conditions of helpers, however, oft

often
en do not correspond to what the law mandates.
The difficulty lies primarily in the in monitoring compliance because the workplace is in the
household.
R.A.10361 has faced similar criticisms, although the new law provides for a more institutional
response and coordination between government agencies, such as, DOLE’s Bureau of Workers
with Special Concerns (BWSC), Departments of Social Welfare and Development, Interior and
Local Government, Philippine National Police, National Bureau of Investigation, and non- n
government organizations and service providers.
Another issue that has been raised is the burden the law imposes on middle class employers who
are struggling to make ends meet. Many have pointed out that employers who work full-time
full
have neither the time
me nor capacity to deal with accomplishing non
non-wage
wage requirements or meeting
the higher minimum wage requirement. This situation might discourage the lower middle class
to hire employees because they cannot afford the minimum wage mandated by the law
compounded
unded by the additional expense of shouldering social security benefits like SSS, HDMF
or Pag-IBIG, and PhilHealth.
Since the passage of the law and the promulgation of its Implementing Rules and Regulations
(IRR), there are several activities that were iinitiated
nitiated to advance the implementation of the law,
such as:148
• TESDA conducted compliance audits for Technical Vocational Institutions offering
HSW NC II.
26

148
TESDA, ‘Policy Review’, 2013. <http://www.tesda.gov.ph/policybriefs2013/Kasambahay>.
• TESDA disseminated the copy of the Law and its IRR to its Executive, Regional,
Provincial/District Offices and TESDA Technology Institutions.
• TESDA facilitated the review of the Training Regulations on Household Services NC II
customized for local hired KKasambahays.
• Occupational Safety and Health Center formulated the Health and Safety Guidelines for
the Kasambahay. These guidelines contained the standards for the protection and welfare
of the Kasambahay at the workplace.
• DOLE-Bureau
Bureau of Local Employment prepared the Revised Guidelines on Private
Recruitment and Placement Agency (PRPA) for the recruitment of the Kasambahay.
• Unified Registry System between SSS, Pag Pag-Ibig
Ibig and PhilHealth that will establish a
single registration system for the Kasambahays and their employers was formulated.
• The National Wages and Productivity Commission’s (NWPC) prepared the Policy
Guidelines in the review and determination of adjustment in the monthly minimum wage
rates of the Kasambahays.
• DOLE conducted orientation seminars on the Batas Kasambahay and its IRR to various
government agencies, private organizations, homeowners associations, and local
government units including barangays nationwide.
• DOLE Regional and Field Offices designated Kasambahay desk officers for the
settlement
tlement of complaints and contract disputes.
• The Tripartite Industrial Peace Council (TIPC) issued Resolution No. 9, Series of 2013
entitled “Recommending the Development of a Specialized Payment Scheme Allowing
Kasambahay and their Employers to Comply wi with
th the Mandate of Existing Laws on SSS
and PhilHealth Contributions Since 1993 and 1995, Respectively”.
• The Department of Interior and Local Government (DILG) issued a Memorandum
Circular/ Guidelines to all local chief executives, Punong Barangays, DILG Regional
Re
Directors and Field Officers and the ARMM governor. The Circular enjoined the local
chief executives to initiate the conduct of registration of all kasambahay in their area of
jurisdiction.
R.A.10361 provides the promise of dignified work for wome

women.n. It is still in the early stages of
implementation and a lot of work still needs to be done. However, many agree that this law is a
substantial development in a specific sector in the workforce that is often overlooked—the
overlooked
household worker. The Kasamb
Kasambahay
ahay Law acknowledges that household workers, like any
worker in the labor force, need protection and their rights and privileges should be upheld by
law.
27

LIST OF LAWS, EXECUT
EXECUTIVE ORDERS, PRESIDENTIAL TIAL DECREES,
PROCLAMATIONS, AND A AGENCY CIRCULARS ON OR AFFECTING WOMEN
RIGHTS
[As identified by the Commission on Human Rights (CHR)
and the Philippine Commission on Women (PCW)]
1. RA 10354
Responsible Parenthood and Reproductive Health Care Act (RH Law)
2. RA 9710
Magna Carta of Women
3. RA 10398
National Consciousness Day for the Elimination of Viole
Violence
nce Againts Women and
Children
4. RA 10361
Domestic Workers Act or Batas Kasambahay
5. DILG Memorandum Circular 2012 2012-61

Guidelines in the establishment and management of a referral system on Violence
Against Women (VAW) at the local government unit level
6. RA 7877
The Anti-Sexual
Sexual Harassment Act of 1995
7. Republic Act 9995

Photo and Video Voyeurism Act of 2009
Anti-Photo
8. Proclamation No. 1172

18 Day Campaign to End Violence against Women
9. RA 9262
Anti-Violence
Violence Against Women and Their Children Act of 2004
10. RA 9208
Anti-Trafficking
Trafficking in Persons Act of 2003
11. RA 10364
Expanded Anti-Trafficking
Trafficking in Persons Act
12. RA 8972
Solo Parents' Welfare Act of 2000
28
13. RA 8551
Philippine National Police Reform and Reorganization Act of 1998

Ten percent of its annual recruitment shall be reserved for women
14. RA 8505
Rape Victim Assistance and Protection Act of 1998
15. RA 8371
The Indigenous Peoples Rights Act of 1997
Section 26 contains provisions that ICC/ IP women shall enjoy land rights and
opportunities with men in all spheres of life. It provides for her participation in the
decision-making
making process in all levels as well, full access to education, maternal and child
care, health, nutrition, housing services and tr
training facilities.

National Rural Women’s DDay
Declaring October 15, 1997, an
and of every year thereafter as “National Rural Women's
Day”
17. RA 8353
The Anti-Rape
Rape Law of 1997
18. Executive Order No. 368

Amends Executive Order No. 356 to include the National Council on the Role of Filipino
Women in the membership of the Social Reform Co
Council

Designating the National Council of Women of the Philippines (NCWP) as one of the
lead monitoring arm of the Non
Non-Government Organizations
rganizations (NGOS) for the effective
implementation of the global platform for action and the Philippine plan for Gender-
Gender
Responsive Development in the NGO and private sector.

Protection and Gender
Gender-Fair
Fair Treatment of the Girl Child Week
Wee
Declaring the Fourth Week of March 1996 as "Protection and Gender
Gender-Fair
Fair treatment of
the Girl Child Week"
21. RA 8171
An Act providing for the repatriation of Filipino women who have lost their Philippine
Citizenship by marriage to aliens and of Natural- born Filipinos

Approval and Adoption of Philippine Plan for Gender
Gender-Responsive
Responsive Development, 1995-
1995
2025

29
Amending Executive Order No. 208 (s.1995) "Further defining the composition, powers
and functions of the National
ional Commission on the Role of Filipino Women”

24. CSC Memorandum Circular No. 30, s. 1995
Requiring the Employer or Head of Office to put into effect appropriate rules and
regulations in consultation with and jointly approved by the employees through their duly
designated representatives, prescribing the procedures for the investigation of sexual
harassment cases and the administrative sanctions.
25. RA 7941
Party-List System Act
This law provides for the election of party
party-list
list representatives through the party-list
system including the women sector.
26. RA 7882
Provision of Assistance to Women Engaging in Micro and Cottage Business Enterprises,
and for other purposes
27. RA 7884
National Dairy Development Act of 1995
This Act was promulgated to enhance children and pregnant and nursing mothers'
nutritional intake through the promotion of locally produced milk and milk produce. It
also encourages the participation of women's groups in dairy and dairy-related
dairy projects
including dairy animal health care, village nut nutrition
rition schemes, community-based
community
processing and marketing of milk and dairy products.
28. CSC Memorandum Circular No. 30, s. 1994

Policy on sexual harassment in the workplace
29. RA 7655
An Act Increasing The Minimum Wage of Househelpers, Amending For The Purpose
Article 143 of Presidential Decree No. 442, As Amended.
It increases the minimum wage of domestic househelpers and makes social security
available to them. This is beneficial to women because most househelpers are women.
Househelpers can now be members of the Social Security System and avail of its benefits.
30. RA 7600
The Rooming-InIn and Breast
Breast-feeding Act of 1992
To create an environment where basic physical, emotional, and psychological needs of
mothers and infants immediately after birth, rooming
rooming-in and breastfeeding
reastfeeding is encouraged
by this law. Health institutions are to provide facilities for rooming
rooming-inin and breastfeeding
and expenses they incur in this regard shall be deductible expenses for income tax
purposes. The Secretary of Health shall impose sanctio
sanctionsns in case of violation of this law.
31. RA 7322
Increasing Maternity Benefits in Favor of Women Workers in the Private Sectors
30
This Act increased maternity benefits of women workers in the private sector from the 45-
45
day to 60-day
day benefit equivalent which equalizes those benefits given in the public sector.

32. RA 7192
Women in Development and Nation Building Act
33. RA 7160
Local Government Code of 1991
The Local Government Code has been amended to provide representatives for women in
all of the 1,600 local legi
legislative assemblies (Sangguniang Panlalawigan, Sangguniang
Panlungsod, Sangguniang Bayan and Sangguniang Barangay) nationwide. This is
consistent with the 1987 Constitution recognizing women's vital role in nation-building.
nation
34. RA 7077
Citizen Armed Forces or Armed Forces of the Philippines Reservist Act
In compliance with the constitutional policy of equality before the law of men and
women, Article X of this law provides that women shall have the right and duty to serve
in the Armed Forces of the Philippines. The standards shall apply to both women and
men except for essential adjustments because of physiological differences between them.
35. RA 6955
Mail-Order Bride Law
36. RA 6725
An Act Strengthening the Prohibition On Discrimination Against Women With Respect
To Terms And Conditions Of Employment, Amending For Purpose Article 135 Of The
Labor Code, As Amended.

Approval and Adoption of the “Philippine Development Plan for Women for 1989 to
1992

Providing for the observance
vance of the month of March as "Women's Role in History
Month."

Declaring the first week of March of every year as "Women's Week" and March 8, 1988
and every year thereafter as "Women's rights and International Peace Day."
40. Presidential Decree No. 633

Creating the National Commission on the Role of Filipino Women Presidential Decree
that creates the National Commission on the Role of Filipino Women as an advisory body
to the President in formulating policies on increased contribution by women in national
development, review and evaluate extent of women's integration in all sectors of
economic life and make recommendations which would guarantee the enjoyment by
31
women and men of full equality. Signed on 07 January 1975

41. Presidential
idential Decree No. 442
Labor Code of the Philippines
This law has been extensively amended over the years to reflect the changing needs of
the times.
(a) Nightwork prohibition - This provision discriminates against women because it
limits the time when women may engage in lawful employment. It does not
address the real problem of security for women working at night.
(b) Facilities for women - The Secretary of Labor has yet to promulgate rules
implementing this provision, but it provides that adequate facilities must
mu be made
available for women workers, such as seats, separate toilet and lavatories for
women, and nursery. It also provides that the Secretary of Labor shall issue
standards for the minimum age and retirement in special occupations such as
flight attendants.
(c) Maternity leave - Provides maternity leave benefits for pregnant woman, not
necessarily married in order to avail of the benefit. It addresses only the need of
the mother to rest after giving birth but not the need to have the father with her
during the same period to assist her. These provisions apply only to the private
sector. Further, maternity leave shall be paid by the employer only for the first
four deliveries by a woman employee.
(d) Family Planning - It only provides that family planning services
service be provided to
employees of establishments who are by law required to maintain a clinic or
infirmary.
(e) Discrimination - It provides that employer shall not discriminate against women
in the work place with respect to terms and conditions of employment on account
of her sex. Whoever discriminates against a woman incurs criminal liability under
the Labor Code but it does not preclude the filing of separate action for damages
or money claims.
(f) Stipulation against marriage - The right to get married is an internationally
inter
recognized right of any individual. It, therefore, is unlawful to discriminate
against married employees or to require that a woman remain unmarried. It
discriminates against women because of their biological function of bearing
children.
(g) Prohibited Acts - Provides for acts that employer must refrain from doing because
these acts are discriminatory on account of women's mothering function.
(h) Classification of certain women workers - Provides that women who are not
formally employed in night clubs, cocktail lounges, massage clinic, bar or similar
establishments and, therefore, do not receive benefits due to regular employees
shall be considered employed for purposes of labor and social legislation if they
are suffered to work, with or without compens
compensation.
42. Presidential Decree No. 148

This presidential decree affords protection to labor, promote full employment and
equality in employment, ensure equal work opportunities regardless of sex, race, or creed
and regulate the relations between workers and eemployers.
mployers. These include maternity leave
32
benefits as well as health and safety of women employees.

43. RA 2714
An Act to Establish The Department Of Labor A Bureau To Known As Women And
Minors Bureau.
This Act establishes in the Dept. of Labor a bureau to be kknown
nown as Women and Minors
Bureau. This Bureau is responsible for enforcing women and child labor laws,
formulating standards and policies which promote working conditions and advancement,
make recommendations in policy
policy-making
making relating to women and children and for serving
as a clearinghouse for all information relating to all working women and children. This
recognizes the unique needs of women and children in the labor force.
44. RA. 3815

The Revised Penal Code
Article 11 (2) – Justifying Circumstance: A crime committed in self defense is considered
as a justifying circumstance meaning no criminal liability is incurred. Battered women
who kill their husbands or partners are said to be suffering from the battered wife
syndrome (BWS) and under the jurisprudence aabroad,broad, the killing can be argued as
justified because the woman at that time was suffering from BWS and that she merely
acted as self defense.
33

PREVAILING JURISPRUDENCE
ENCE RELATING TO WOM
WOMEN’S RIGHTS
The rights of women are valued in the Philippines and even in the international domain. It was
initially recognized by the National Commission for the Role of Women, when it was established
in 1975.149 From then on, our Philippine Courts have faithfully decided cases instituted against
different violations affecting
cting the female populace. This section provides prevailing jurisprudence
to provide more education on the topic.
1. Anti-Violence
Violence against Women and Their Children Act of 2004 (R.A. No. 9262)
9262
Go-Tan
Tan vs. Tan, G.R. No. 168852, September 30, 2008
FACTS:
On April 18, 1999, Sharica Mari L. Go Go-Tan
Tan (petitioner) and Steven L. Tan
(Steven) were married. Out of this union, two female children were born, Kyra
Danielle and Kristen Denise. On January 12, 2005, barely six years into the
marriage, petitioner filed a petition with a Prayer for the Issuance of a Temporary
Protective Order (TPO) against Steven and her parents
parents-in-law,
law, Spouses Perfecto
C. Tan and Juanita L. Tan (respondents) before the RTC. She alleged that Steven,
in conspiracy with respondents, were caus
causing
ing verbal, psychological and economic
abuses upon her in violation of Section 5, paragraphs (e)(2)(3)(4), (h)(5), and (i)7
of R.A.No.
No. 9262, otherwise known as the "Anti "Anti-Violence
Violence Against Women and
Their Children Act of 2004."
On January 25, 2005, the RTC issued an Order/Notice granting petitioner's prayer
for a TPO. On February 7, 2005, respondents filed a Motion to Dismiss with
Opposition to the Issuance of Permanent Protection Order Ad Cautelam and
Comment on the Petition, contending that the RTC lacked jurisdiction over their
persons since, as parents
parents-in-law
law of the petitioner, they were not covered by R.A.
No. 9262. On February 28, 2005, petitioner filed a Comment on Opposition to
respondents' Motion to Dismiss arguing that respondents were covered by R.A. R.
No. 9262 under a liberal interpretation thereof aimed at promoting the protection
and safety of victims of violence. On March 7, 2005, the RTC issued a Resolution
dismissing the case as to respondents on the ground that, being the parents-in-law
parents
of the petitioner, they were not included/covered as respondents under R.A. No.
9262 under the well-known
known rule of law "expressiouniusestexclusioalterius."
On March 16, 2005, petitioner filed her Verified Motion for Reconsideration
contending that the doctrine of necessary implication should be applied in the
broader interests of substantial justice and due process. On April 8, 2005,
respondents filed their C Comment
omment on the Verified Motion for Reconsideration
arguing that petitioner's liberal construction unduly broadened the provisions of
R.A. No. 9262 since the relationship between the offender and the alleged victim
was an essential condition for the applicat
application
ion of R.A. No. 9262. On July 11, 2005,
the RTC issued a resolution denying petitioner's Verified Motion for
34

149
P.D. 633, (1975).
Reconsideration. The RTC reasoned that to include respondents under the
coverage of R.A. No. 9262 would be a strained interpretation of the provisions
provisi of
the law. Hence, this petition.
ISSUE:
Whether or not the parents
parents-in-law
law of the respondent may be included in the
petition for the issuance of a protective order, in accordance with R.A.9262,
R.A.
otherwise known as the “Anti
“Anti-Violence against Women and their Children Act of
2004”.
HELD:
The Court rules in favor of the petitioner.
Section 3 of R.A. No. 9262 defines:

“violence against women and their children'' as "any act or a series of acts
committed by any person against a woman who is his wife, for former
mer wife, or
against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or
is likely to result
esult in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.
While the said provision provides that the offender be related or con
connected
nected to the
victim by marriage, former marriage, or a sexual or dating relationship, it does not
preclude the application of the principle of conspiracy under the RPC.
Indeed, Section 47 of R.A. No. 9262 expressly provided for the suppletory
application of the RPC, thus:
Suppletory Application. - For purposes of this Act, the Revised Penal
Sec. 47.Suppletory
Code and other applicable laws, shall have suppletory application.
Parenthetically, Article 10 of the RPC provides:

Art. 10. Offenses not subject to the prov
provisions of this Code. – Offenses which
are or in the future may be punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to such laws, unless
the latter should specially provide the contrary.
Hence, legal principles developed from the Penal Code may be applied in a
supplementary capacity to crimes punished under special laws, such as R.A. No.
9262, in which the special law is silent on a particular matter.
Thus, the principle of conspiracy may be ap applied

plied to R.A. No. 9262. For once
conspiracy or action in concert to achieve a criminal design is shown, the act of
one is the act of all the conspirators, and the precise extent or modality of
participation of each of them becomes secondary, since all the conspirators are
35
principals.

Section 4 of R.A. No. 9262 calls for a liberal construction of the law, thus:
Construction. - This Act shall be liberally construed to promote the
SEC. 4.Construction.
protection and safety of victims of violence against women and their children.
The petition is granted.
Dolina vs. Vallecera, G.R. No. 182367, December 15, 2010
FACTS:
The case is about a claim for temporary support of an unacknowledged child,
which was sought in an action for the issuance of a Temporary Protection Order
that was brought against the supposed father of the child in the instant case. In
February 2008 petitioner
ioner Cherryl B. Dolina filed a petition with prayer for the
issuance of a Temporary Protection Order against respondent Glenn D. Vallecera
before the Regional Trial Court (RTC) of Tacloban City in P.O. 2008 2008--02-07 for
alleged woman and child abuse under R.A.9262.9262. In filling out the blanks in the
pro-forma
forma complaint, Dolina added a handwritten prayer for financial support
from Vallecera for their child. She based her prayer on the latter’s Certificate of
Live Birth which listed Vallecera as the child’s fathe
father.
r. The petition also asked the
RTC to order the Philippine Airlines, Vallecera’s employer, to withhold from his
pay such amount of support as the RTC may deem appropriate.
Vallecera opposed the petition. He claimed that Dolina’s petition was essentially
one
ne for financial support rather than for protection against woman and child
abuses; that he was not the child’s father; that the signature appearing on the
child’s Certificate of Live Birth is not his; that the petition is a harassment suit
intended to forcece him to acknowledge the child as his and give it financial
support; and that Vallecera has never lived nor has been living with Dolina,
rendering unnecessary the issuance of a protection order against him.
On March 13, 2008 the RTC dismissed the petitiopetition

n after hearing since no prior
judgment exists establishing the filiation of Dolina’s son and granting him the
right to support as basis for an order to compel the giving of such support. Dolina
filed a motion for reconsideration but the RTC denied it in iits ts April 4, 2008
Order, with an admonition that she first file a petition for compulsory recognition
of her child as a prerequisite for support. Unsatisfied, Dolina filed the present
petition for review directly with this Court.
ISSUE:
Whether or not the RTC correctly dismissed Dolina’s action for temporary
protection and denied her application for temporary support for her child.
HELD:
Dolina evidently filed the wrong action to obtain support for her child. The object
of R.A. 9262 under which she filed the case is for the protection and safety of
36
women and children who are victims of violence and abuse. Although the
issuance of a protection order against the respondent in the case can include the

grant of legal support for the wife and the child, this aassumes
ssumes that both are entitled
to a protection order and legal support.
Dolina of course alleged that Vallecera had been abusing her and her child. But it
eventually became apparent to the RTC upon hearing that this was not the case,
since contrary to her claim, neither she nor her child ever lived with Vallecera. As
it turned out, the true object of her action was to get financial support from
Vallecera for her child, her claim being that he is the father. Respondent of course
vigorously denied this.
To be entitled to the legal support herein sought, petitioner must, in proper action,
first establish the filiation of the child, if the same is not admitted or
acknowledged. Since Dolina’s demand for support for her son is based on her
claim that he is Vallecera’s
cera’s illegitimate child, the latter is not entitled to such
support if he had not acknowledged him, until Dolina shall have proved his
relation to him. The child’s remedy is to file through her mother a judicial action
against Vallecera for compulsory re recognition.
cognition. If filiation is beyond question,
support follows as matter of obligation. In short, illegitimate children are entitled
to support and successional rights but their filiation must be duly proved.
Dolina’s remedy is to file for the benefit of her child an action against Vallecera
for compulsory recognition in order to establish filiation and then demand
support. Alternatively, she may directly file an action for support, where the issue
of compulsory recognition may be integrated and resolved.
Thee Court denies the petition and affirms the decision of the Regional Trial Court.
2. The Anti-Rape
Rape Law of 1997 (R.A. No. 8353)
People vs. Jumawan, G.R. No. 187495, April 21, 2014
FACTS:
Accused-appellant,, Edgar Jumawan, and his wife, KKK, were married on October
18, 1975. They had lived together since then and raised four (4) children as they
were able to put up several businesses over the years.
On February 19, 1999, KKK executed a Complaint

Complaint-Affidavit,
Affidavit, alleging that her
husband, accused-appellant,
appellant, raped her at 3:00 a.m. of December 3, 1998 at their
residence in Phase 2, Villa Ernesto, Gusa, Cagayan de Oro City, and that on
December 12, 1998, the accused
accused-appellant
appellant boxed her shoulder for refusing to
have sex with him. On July 16, 1999, two informations for rape were filed before
the RTC respectively docketed as Criminal Case No. 99 99-6689
6689 and Criminal Case
No. 99-669.
669. The Information in Criminal Case No. 99 99-668
668 charged the accused-
accused
appellant as follows:
37

That on or about 10:30 in the evening more or less, of Oc
October
tober 9, 1998, at Gusa,
Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable
Court, the above-named
named accused by means of force upon person did then and
there willfully, unlawfully and feloniously had carnal knowledge with the private
priv
complainant, without the consent and against the will of the latter.
Meanwhile the Information in Criminal Case No. 99

99-669 reads:
That on or about 10:30 in the evening more or less, of October 10, 1998, at Gusa,
Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable
Court, the above-named
named accused by means of force upon persons did then and there
willfully, unlawfully and feloniously had carnal knowledge with the private
complainant, her wife, against the latter's will.
The accused-appellant
appellant was arrested upon a warrant issued on July 21, 1999. On
August 18, 1999, the accused
accused-appellant
appellant filed a Motion for Reinvestigation, which
was denied by the trial court in an Order dated August 19, 1999. On even date, the
accused-appellant wass arraigned and entered a plea of not guilty to both charges.
ISSUE:
Whether or not marital rape may be committed by a husband against his wife.
HELD:
In the 17th century, Sir Matthew Hale (Hale), Chief Justice of England, conceived
the irrevocable implied
lied consent theory that would later on emerge as the marital
exemption rule in rape. He stated that:
“The husband cannot be guilty of a rape committed by himself upon his lawful
wife, for by their mutual matrimonial consent and contract, the wife hath given
giv
up herself in this kind unto her husband, which she cannot retract.”
Interestingly, no documented case on marital rape has ever reached this Court
until now. It appears, however, that the old provisions of rape under Article 335
of the RPC adhered to H Hale's
ale's irrevocable implied consent theory, albeit in a
limited form. According to Chief Justice Ramon C. Aquino, a husband may not be
guilty of rape under Article 335 of Act No. 3815 but, in case there is legal
separation, the husband should be held guilty of rape if he forces his wife to
submit to sexual intercourse.
The Legislature then pursued the enactment of laws to propagate gender equality.
In 1997, R.A. No. 8353 eradicated the stereotype concept of rape in Article 335 of
the RPC. The law reclassifie
reclassified
d rape as a crime against persons and removed it
from the ambit of crimes against chastity. More particular to the present case and
perhaps the law's most progressive proviso is the 2nd paragraph of Section 2
thereof, recognizing the reality of marital rap
rapee and criminalizing its perpetration:
“Article 266-C. Effect of Pardon. - The subsequent valid marriage between the
offended party shall extinguish the criminal action or the penalty imposed.”
38
In case it is the legal husband who is the offender, the subse

subsequent
quent forgiveness by
the wife as the offended party shall extinguish the criminal action or the penalty:

Provided, that the crime shall not be extinguished or the penalty be abated if the
marriage is void ab initio
initio.
Reading Section 1 of the law, it unqualifiedly used the term "man" in defining
rape, it is unmistakable that R.A. No. 8353 penalizes the crime without regard to
the rapist's legal relationship with his victim.
Clearly, it is now acknowledged that rape, as a form of sexual violence, may exist
e
within marriage. A man who penetrates her wife without her consent or against
her will commits sexual violence upon her, and the Philippines, as a State Party to
the CEDAW and its accompanying Declaration, defines and penalizes the act as
rape under R.A..A. No. 8353.
A woman is no longer the chattel

chattel-antiquated
antiquated practicewhich labeled her to be. A
husband who had sexual intercourse with his wife is not merely using a property;
he is fulfilling a marital consortium with a fellow human being with dignity equal
to that which he accords himself. He cannot be permitted to violate her dignity by
coercing her to engage in a sexual act without her full and free and intelligent
consent. Surely, the Philippines cannot renege on its international commitments
and accommodate
commodate a conservative, yet irrational notions on marital activities that
have lost their relevance in a progressive society.
Further, the delicate and reverent nature of sexual intimacy between a husband
and wife excludes cruelty and coercion. Sexual iintimacy ntimacy brings spouses
wholeness and oneness. It is a gift and a participation in the mystery of creation. It
is a deep sense of spiritual communion. It is a function which enlivens the hope of
procreation and ensures the continuation of family relations. It is an expressive
interest in each other's feelings at a time it is needed by the other and it can go a
long way in deepening marital relationship. When it is egoistically utilized to
despoil marital union in order to advance a felonious urge for coitus by force,
violence or intimidation, the Court will step in to protect its lofty purpose,
vindicate justice and protect our laws and State policies. Besides, a husband who
feels aggrieved by his indifferent or uninterested wife's absolute refusal to engage
in sexual intimacy may legally seek the court's intervention to declare her
psychologically incapacitated to fulfill an essential marital obligation. But he
cannot and should not demand sexual intimacy from her coercively or violently.
The human rights of women include their right to have control over and decide
freely and responsibly on matters related to their sexuality, including sexual and
reproductive health, free of coercion, discrimination and violence. Women do not
divest themselves of such right bby
y contracting marriage for the simple reason that
human rights are inalienable.
Rape is a crime that evokes global condemnation because it is abhorrence to a

39
woman's value and dignity as a human being. It respects no time, place, age,
physical condition orr social status. It can happen anywhere and it can happen to

anyone. Even, as shown in the present case, to a wife, inside her time-honored
time
fortress, the family home, committed against her by her husband who vowed to be
her refuge from cruelty. The herein pronouncement is an affirmation to wives that
our rape laws provide the atonement they seek from their sexually coercive
husbands.
Husbands are once again reminded that marriage is not a license to forcibly have
sexual intercourse with their wives. A husb
husband
and does not own his wife's body by
reason of marriage. By marrying, she does not divest herself of the human right to
an exclusive autonomy over her own body and thus, she can lawfully opt to give
or withhold her consent to marital coitus. A husband aggri
aggrieved
eved by his wife's
unremitting refusal to engage in sexual intercourse cannot resort to felonious
force or coercion to make her yield. He can seek succor before the Family Courts
that can determine whether her refusal constitutes psychological incapacity
justifying
ustifying an annulment of the marriage.
Sexual intimacy is an integral part of marriage because it is the spiritual and

biological communion that achieves the marital purpose of procreation. It entails
mutual love and self-giving
giving and as such it contemplat
contemplates
es only mutual sexual
cooperation and never sexual coercion or imposition.
Husbands do not have property rights over their wives' bodies. Sexual intercourse,
albeit within the realm of marriage, if not consensual, is rape.
Accused-appellant
appellant is found guil
guilty
ty beyond reasonable doubt of two counts of rape.
3. Solo Parents' Welfare Act of 2000 (R.A. No. 8972)

Dela Cueva vs. Omaga, A.M. No. PP-08-2590, July 5, 2010
FACTS:
Complainant Julie Ann C. dela Cueva is the legal wife of P/Supt. Nestor dela
Cueva. They were married on July 29, 1984, and the union bore three children.
Due to the philandering ways of her husband, the couple separated on November
30, 1994. Thereafter, the complainant cohabited with two different men in
succession.
On May 31, 2007, P/Supt. Nestor dela Cueva filed a Petition for Declaration of
Nullity of Marriage alleging as ground his own psychological incapacity. This
angered and prompted his wife, to file a criminal complaint against him for
bigamy and concubinage. Her complaint alleged th that
at he and respondent, Selima
B. Omaga, got married and were living together as husband and wife despite the
subsistence of his marriage with her (the complainant). The criminal charges were
dismissed by the provincial prosecutor.
40

Complainant dela Cueva al also
so filed an administrative complaint against both her
husband and respondentOmaga. In her defense, respondent averred that she first
met P/Supt. dela Cueva when he was assigned by the Philippine National Police
as Chief of Police in Calauan, Laguna in 1995 1995.. Their relationship started on
March 8, 1995 and continued until she received notice of the bigamy and
concubinage case filed against him. It was only then that she discovered that he
was married. She bore P/Supt. dela Cueva three children. Respondent further fur
asserted that despite having had three children with P/Supt. dela Cueva, they did
not live together in one house but rather, he would just visit her in her house from
time to time.
Issue:: Whether or not respondent is guilty of immoral conduct.
Held: Well-established
established is the principle that public office is a public trust. No less
than the Constitution requires that: "Public officers and employees must at all
times be accountable to the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest
lives."
Employees of the judiciary, however, are subject to a higher standard than most
other civil servants. It has been written that "a place in the judiciary demands
upright men and women who must carry on with dignity and be ever conscious of
the impression that they could create by the way they conduct themselves.
Respondent claims, however, that she had no knowledge that P/Supt. dela Cueva
was married and that she ended their relations
relationship
hip as soon as she was made aware
of his true civil status. If her contention were true, this would serve to exculpate
her from the accusation of immorality.
The Court finds respondent’s assertion to be plausible. It should be noted that the
complainant didid not refute her defense that she did not learn of P/Supt. dela
Cueva’s marital status until complainant filed a complaint against them. Indeed,
there is no concrete evidence on record to show that respondent knew of his
married state at the time their re
relationship started.
The idea, however, that the respondent never had the slightest notion that P/Supt.
dela Cueva was married and that she did not cohabit with him despite having
three children may be quite a stretch of the imagination. It is fairly inconceivable
incon
for a woman to have had a relationship with a married man for more than a
decade without even a tinge of suspicion that he might have been lying about his
true civil status. But then again, there is nothing on record which can refute
respondent’s allegation. In view of the lack of proof showing that respondent
willingly entered into an immoral sexual liaison with a married man, she cannot
be held liable for immoral and disgraceful conduct.
41

The legal effect of such ignorance deserves due considerat
consideration,
ion, if only for
intellectual clarity. The act of having sexual relations with a married person, or of
married persons having sexual relations outside their marriage is considered
"disgraceful and immoral" conduct because such manifests deliberate disregard
disregar by
the actor of the marital vows protected by the Constitution and our laws. The
perversion is especially egregious if committed by judicial personnel, those
persons specifically tasked with the administration of justice and the laws of the
land. However,, the malevolent intent that normally characterizes the act is not
present when the employee is unaware that his/her sexual partner is actually
married.
The Court would like to point out that, in the absence of clear and convincing
evidence, it would be insensitive
nsensitive to condemn the respondent for simply being an
unmarried mother of three. There has been no showing that she has lived her life
in a scandalous and disgraceful manner which, by any means, has affected her
standing in the community. To speculate tthat
hat she did so would be tantamount to
committing a discrimination against a solo parent, which is prohibited under
Section 7 of R.A.No.
No. 8972, the Solo Parents’ Welfare Act of 2000, to wit:
Section 7. Work Discrimination – No employer shall discriminate against
inst any
solo parent employee with respect to terms and conditions of employment on
account of his/her status.
The complaint for disgraceful and immoral conduct against respondent Selima B.
Omaga is dismissed.
4. Anti-Sexual
Sexual Harassment Act of 1995 (R.A. No. 7877)
Aquino vs. Acosta, A.M. No. CTA
CTA-01-1, April 2, 2002
FACTS:
complaint, complainant, Atty. Susan M. Aquino, alleged several
In her affidavit-complaint,
instances when respondent judge, Judge Ernesto Acosta, sexually harassed her.
On November 21, 2000, she reported for work after her vacation in the United
States, bringing gifts for the three judges of the CTA, including respondent. In the
afternoon of the same day, he entered her room and greeted her by shaking her
hand. Suddenly, he pulled her towards him and kissed her on her cheek.
On December 28, 2000, while respondent was on official leave, he called

complainant by phone, saying he will get something in her office. Shortly
thereafter, he entered her room, shook her hand and greeted her, "Merry
Christmas."
s." Thereupon, he embraced her and kissed her. She was able to free
herself by slightly pushing him away.
On the first working day in January, 2001, respondent phoned complainant,

42
asking if she could see him in his chambers in order to discuss some matters.
matte

When complainant arrived there, respondent tried to kiss her but she was able to
evade his sexual attempt. She then resolved not to enter his chambers alone.
Weeks later, after the Senate approved the proposed bill expanding the
jurisdiction of the CTCTA,
A, while complainant and her companions were
congratulating and kissing each other, respondent suddenly placed his arms
around her shoulders and kissed her.
In the morning of February 14, 2001, respondent called complainant, requesting

her to go to his office.
fice. She then asked Ruby Lanuza, a clerk in the Records
Section, to accompany her. Fortunately, when they reached his chambers,
respondent had left.
The last incident happened the next day. At around 8:30 a.m., respondent called
complainant and asked her to see him in his office to discuss the Senate bill on the
CTA. She again requested Ruby to accompany her. The latter agreed but
suggested that they should act as if they met by accident in respondent's office.
Ruby then approached the secretary's table w which
hich was separated from
respondent's office by a transparent glass. For her part, complainant sat in front of
respondent's table and asked him what he wanted to know about the Senate bill.
Respondent seemed to be at a loss for words and kept glancing at Ru Ruby
by who was
searching for something at the secretary's desk. Forthwith, respondent approached
Ruby, asked her what she was looking for and stepped out of the office. When he
returned, Ruby said she found what she was looking for and left. Respondent then
approached
proached complainant saying, "me gusto akonggawinsaiyokahapon pa."
Thereupon, he tried to "grab" her. Complainant instinctively raised her hands to
protect herself but respondent held her arms tightly, pulled her towards him and
kissed her. She pushed him away, then slumped on a chair trembling. Meantime,
respondent sat on his chair and covered his face with his hands. Thereafter,
complainant left crying and locked herself inside a comfort room. After that
incident, respondent went to her office and tossed a note stating, "sorry,
sorry, it won't
happen again."
In his comment, respondent judge denied complainant's allegation that he sexually

harassed her six times. He claimed that he has always treated her with respect,
being the head of the CTA Legal Staff. In fac fact,
t, there is no strain in their
professional relationship.
ISSUE:
Whether or not respondent is guilty of sexually harassing the complainant.
HELD:
Administrative complaints against members of the judiciary are viewed by this
Court with utmost care, for proceedings of this nature affect not only the
43
reputation of the respondents concerned, but the integrity of the entire judiciary as
well.

The Court have reviewed carefully the records of this case and found no
convincing evidence to sustain complainant's charges. What the Court perceives
to have been committed by respondent judge are casual gestures of friendship and
camaraderie, nothing more, nothing less. In kissing complainant, the Court finds
no indication that respondent was motivated by malice or le
lewd
wd design. Evidently,
she misunderstood his actuations and construed them as work work-related
related sexual
harassment under R.A. 7877.
As aptly stated by the Investigating Justice:

A mere casual buss on the cheek is not a sexual conduct or favor and does not fall within
w
the purview of sexual harassment under R.A. No. 7877. Section 3 (a) thereof provides, to
wit:
Sec. 3. Work, Education or Training - related Sexual Harassment Defined. - Work,
education or training--related sexual harassment is committed by an employer,, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor,
or any other person who, having authority, influence or moral ascendancy over another in
a work or training or education environment, demands, requests or otherwise requires any
sexual favor from the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.
a) In a work-related
related or employment environment, sexual harassment is committed when:
1) Thee sexual favor is made as a condition in the hiring or in the employment, re- re
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms, conditions, promotions or privileges; or the refusal to
grant sexual favor results in limiting, segregating or classifying the employee which in
anyway would discriminate, deprive or diminish employment opportunities or otherwise
adversely affect said employees;
2) The above acts would impair the employee's right or privileges under existing labor
laws; or
3) The above acts would result in an intimidating, hostile, or offensive environment for
the employee.'
Clearly, under the foregoing provisions, the elements of sexual harassment are as follows:
1) The employer, emp employee,
loyee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person has authority, influence or moral
ascendancy over another;
2) The authority, influence or moral ascendancy exists in a working environment;
environmen
3) The employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, or any other person having authority, influence or moral
ascendancy makes a demand, request or requirement of a sexual favor.
From the records on hand, there is no showing that respondent judge demanded,
requested or required any sexual favor from complainant in exchange for
"favorable compensation, terms, conditions, promotion or privileges" specified
under Section 3 of R.A. 7877. Nor did he, bbyy his actuations, violate the Canons of
Judicial Ethics or the Code of Professional Responsibility.
The respondent judge is exonerated from the charges but is admonished not to
commit similar acts against complainant or other female employees.
44

FILM REVIEWS
Aside from Supreme Court decisions, movies also prove how human rights violations against
women are prevalent in today’s society. Numerous films were based on actual events and
become a reliable source of information.150 The following movies created
d an impact in raising
awareness in espousing women’s rights.
1. Maynila sa Kuko ng Liwanag (1975)

The film is about the Julian Madiaga (Bembol Roco) and his journey from the province of
Marinduque into to the city of Manila to find LigayaParaiso (Hilda Koronel), his childhood
friend who later becomes his fiancée, although without the approval of her parents. The movie
catches on when Ligaya was whisked away by a certain Mrs. Cruz (Juling Bagalbago) from the
province to work and study in Manila.
However, the story shows that Mrs. Cruz brought Ligaya to the capitol only for prostitution.
Ligaya’s dreams shatter, as the true story unfolds:
Upon arriving in Manila, Mrs. Cruz brought Ligaya and the other girls in a brothel. It has strong
fences, tall walls and
nd stern guards on the gate. Mrs. Cruz attested that the house was the
manager’s office of their employer. But tactlessly, it was all a ploy.
The girls were drugged through a substance applied in their drinks. Thereafter, they were
confined in individual rooms without any means of communication. Some of them were even
injected with morphine to lose their inhibitions and serve different men on a nightly basis. Their
jobs entail a naked dance or performing sexual acts with these men.
Luckily for Ligaya, she

he was not injected with morphine as she is patronized by one client, Ah
Tek. After two months of living in the brothel, she was eventually bought by Ah Tek as a sex
slave. Ligaya was not allowed to go outside the house, not until she was impregnated.
Whenn Julio learned of these events, he planned to rescue Ligaya. They agreed to meet at
Arranque by 3 a.m. however, Ligaya failed to appear at the appointed time. Apparently, Ligaya
died that night, from falling at the top flight of their stairs during a stru
struggle
ggle with Ah-Tek.
Ah
The act of confining a person against her will is a violation of Article 3 of UDHR151 which states
that “Everyone has the right to life, liberty and security of person.” While, any act of involuntary
servitude is a violation of Article 4 of UDHR152 stating that “No one shall be held in slavery or
servitude; slavery and the slave trade shall be prohibited in all their forms.”
All acts of abuse done by Ah Tek to Ligaya falls under the crime of violence against women and
their children enumeratedted under Section 5 of R.A.No. 9262,153 and is punishable by
Imprisonment, based on the acts of violence committed. In addition to Imprisonment, the
perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos
45
150
W. Russell et al, Essentials of Middle and Secondary Social Studies, 235. 2013.
151
Universal Declaration of Human Rights (1948).
152
Ibid.

153
Rep. Act. No. 9262, (2004).
(P100,000.00) but not more than three hundred thousand pesos (300,000.00)
(300,000.00);; (b) Shall undergo
mandatory psychological counselling or psychiatric treatment and shall report compliance to the
court.
Furthermore, the victim shall be issued a Protection Order, according to th

thee provisions of Section
8 of the same act. Such order is issued under R.A. 9262 for the purpose of preventing further acts
of violence against a woman or her child, as specified in Section 5 of the same act to grant other
necessary relief. It shall serve tthe
he purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life, and to facilitateor intervene with ability of
the victim to independently regain control over her life.
The provisions of the protection order shall be enforced by law enforcement agencies. Protection
Orders which may be issued under this Act are the: Barangay Protection Orders (BPO),
Temporary Protection Orders (TPO) and Permanent Protection Order (PPO).
crime of rape,154by having committed carnal knowledge witha

Ah Tek shall also be liable for the crim
woman when she is unconscious or is otherwise deprived of reason and without her consent shall
be guilty of rape, punishable by reclusion perpetua.
Victims of Rape shall be provided by the State with the necessary assistance and protection as
discussed under R.A.No.No. 8505.155 Under Section 3 of this Act, establishing the Rape Crisis
Center shall provide the victim the following remedies;
a. Psychological counselling,
ounselling, medical and health services, including their medico-legal
medico
examination;
b. Free legal assistance or service, if necessary;
c. Assistance in the investigation to hasten the arrest of offenders and the filing of cases in
court;
afety; and
d. Privacy of identity and safety;
e. Psychological counselling and medical services whenever necessary for the family of
rape victims.
On the other hand, the procuress shall be liable for the crime of serious illegal detention,156
committed by any private individual who shall kidnap or detain another, or in any other manner
deprive him of his liberty. The offender shall suffer the penalty of reclusion perpetua…,”
knowing that they confined Ligaya and the other girls in the brothel.
They shall also be liable for committing acts in vi olation of Section 4 of R.A No. 9208,157 which
violation
is committed by recruiting, obtaining, hiring, providing, offering, transporting, transferring,
maintaining, harboring, or receiving a person by any means, including those done under the
pretext of domestic or overseas
verseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, or sexual exploitation; and by maintaining or hiring a person to
engage in prostitution or pornography. Specifically, they shall be liable for the crime of Qualified
Qual
46
154
Rev. Pen. Code, art.266-A.
155
Rep. Act No. 8505, (1998)
156
Rev. Pen. Code, art. 267.

157
Rep. Act No. 9208, (2003).
Trafficking in Persons158 because they have committed the crime over a period of sixty (60) or
more days, whether those days are continuous or not not;; and directly managing the trafficking
victim in carrying out the exploitative purpose of trafficking."
2. It’s A Girl (2012)

This documentary movie shows the rampant existence of gendercide in India and China. These
two countries exhibit patriarchal cultures which tend to devalue women and uphold machismo.
This attitude gives the impression that all forms of abuse of girls and women is normal, creating
no repercussions.
The film begins with an Indian woman standing in a homemade graveyard, telling her life as
wife and a mother. She was impregnated eight times, always hoping for a son. However, it
always came out as a daughter. So for eight times, she strangled her daughter and buried her. She
believes that “Women have the power to give life and the power to take it away.”
The film opens the eyes of its viewers into the real situation of women living in a patriarchal
pat
society. The widespread genocide in China and India tends to devalue women at all ages, leading
to the abortion of female children along with the rampant abuse, neglect, and murder of girls and
young women.
Producer and director, Mr. Davis, interviewed social workers, particularly women in rural
communities and activists. He found out that the primary cause for the practice was poverty. The
cultural norm that a male being is more highly valued than a female also contributes to the
problem. In these societies, the males are the providers for the family and that wives are
considered as the property of their husbands.
Furthermore, countries like India and China believes that daughters are liabilities while son are
assets.159 When a daughter reache
reachess marrying age, an outrageously expensive dowry160 must be
paid to her husband’s family which many families cannot afford. No matter how rich or poor you
are, sons are your ticket to huge earnings by dowry. Daughters are the exact opposite.
Since daughters become members of their husbands’ families after marriage, having a son
guarantees another family to take care of you in your old age. In other words, when you raise
daughters, you raise them for someone else’s family. This in turn leads to a "culture of death".
d
Forced abortion in China is common, with one part of the documentary being on women who
have to flee from periodic sweeps by police enforcing the one child law. Because of the shortage
of women, human trafficking has risen sharply in China, and one interview in the documentary is
of a woman whose daughter was kidnapped and then sold as a slave.
In China, it was exceptionally difficult in China to get women to go on film. He did, however,
meet a factory worker named Li Fang who was willing to share her story. After the police
discovered she was pregnant for a third time, they raided her home. She and her husband had to
47
158
Rep. Act. No. 10364 Sec. 9 (2012)
159
L. Wilson, Speaking to Power: Gender and Politics in Western Pacific, 100. (1995)

160
X. Huang, Power Entitlement and Social Practice, 49. (2007).
flee their village and she gave birth in secret. Their daughter is deemed "illegal", and therefore
cannot get education, get health ccare, or work legally.
In India, Davis interviewed Pediatrician Dr. MituKhurana. When her family found she was
pregnant, she was forced to undergo an ultrasound by her husband and mother-in-law.
mother As with
India161 for this method was being used for sex-
the dowry system, testing for gender is illegal in In sex
selective abortion.
When the ultrasound showed Khurana was pregnant with twin girls, her husband and mother in
law asked her to terminate the pregnancy. Khurana refused; and as a result, her husband threw
her down the stairs and then locked her up. Khurana managed to get away, but had to deliver her
children prematurely. Since then, she campaigned to have her husband, as well as the doctor who
carried out the illegal ultrasound arrested. But charges have never been brought.
Being female in India is dangerous from conception through adulthood. If you’re not aborted or
killed as an infant, and somehow make it to marriage, you have to make sure that your dowry is
adequate. The dowry system also results in “dowry ddeath,”
eath,” in which a man kills his wife because
he feels her dowry was not sufficient. These types of murders are often ignored by Indian
courts.162
When the marriage prospers, a woman has to pray that it become a boy. Because even when the
law on paper protects ts women in India, it is not fully enforced - as in the case of sex- sex
determination ultrasounds. They’re technically illegal, but no one cares. A great deal of money
can be earned by doctors under the table for breaking this law, especially when they are often oft at
the request of husbands and their families who want to know a baby’s gender. Automatically, it
will be aborted if it is a female – by medical procedure, or by pushing your wife down the stairs.
In rural areas of both countries, couples are allowed tw
twoo children. If the first is a girl, they might
have a chance for a boy. Albeit this rule, forced abortions and sterilizations are shockingly
common.
The family planning police of such countries are also informed by village spies, who are
rewarded for tipping
ing off their neighbors. After receiving such information, the police would then
drag women out of their house for abortion. Families are fined exorbitantly. The film features a
couple testifying to this - their heart
heart-breaking story of having to split up their
heir three daughters into
different homes, moving away to avoid arrest and leaving their daughters behind.
It is estimated that there are 37 million more males than females in China.163 The documentary
also looks into the ever increasing rate of female suicsuicide
ide in the country and explores the
connection between suicide and the low value placed on females due to cultural norms. The
Chinese government has recently said it would begin to phase out the one child policy, which
may help reduce female infanticide in China.
48
161
India Library of Congress.
162
Times of India, ‘Scan centers warned against illegal gender test’, 2013.<
2013.<http://timesofindia.indiatimes.com/city/madurai/Scan
http://timesofindia.indiatimes.com/city/madurai/Scan-
centers-warned-against-illegal-gender-test/articleshow/27988553.cms>.
test/articleshow/27988553.cms>.

163
V. Oldenburg, Dowry Murder: The Imperial Origins of a Cultural Crime. (2002).
Even after these incidents, very little has been done socially or politically to stop gendercide
around the world. Women and girls throughout the world continue to suffer from all forms of
gendercide: female feticide, infanticide, abandonment, aabuse,buse, neglect, dowry violence,
trafficking, forced sterilization and forced abortion. More females are missing on earth today
from gendercide than the combined number of deaths from all the genocides of the 20th
century.164
In urban areas, the One-Child

Child Po
Policy
licy is enforced more strictly, although some couples are
allowed exemptions. Couples who can afford it leave the country to have their children to avoid
forced abortion or outrageous fines. However, if they violate the policy and have “illegal”
children, these children become unun-people.
people. They are denied citizenship. They cannot get a
passport or fly on a plane. They will not have access to health care, education, or employment.
As far as the government is concerned, they have no right to exist.165
The unceasinging disregard of rights of women in these Patriarchal societies violates Section 2 and
Section 7 of the UDHR.166 That is everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as xxx, sex, xxx
xxx…;
…; and the equality before
the law and the entitlement to non
non-discrimination
discrimination to equal protection of the law, and that all are
entitled to equal protection against any discrimination in violation of this Declaration and against
any incitement to such discrimination.
mination.
The film shows various or almost, all kinds of abuse in women; from simple physical injuries to
murder. However, Gendercide is not dealt with our laws here in the Philippines; but it could fall
under the crime of Parricide167 or Infanticide,168 sincee the offenders are either the parents or
relatives of the victim.
On the other hand, wives who were abused in the process may initiate an action under R.A. No.
9262,169 since it encompasses all forms of abuse as discussed in Section 3 which is defined as
“any act or a series of acts committed by any person against a woman who is his wife, former
wife, or against a woman with whom the person has or had a sexual or dating relationship, or
with whom he has a common child, or against her child whether legitimate or illegitimate, within
or without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse iincluding
ncluding threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of liberty.”
3. Lovelace (2013)
Linda Boreman married Chuck Traynor, at the time she was recovering from the birth of her first
child. Sadly, the two had a rocky marriage which started when Traynor was arrested for
soliciting prostitution. Theywere also financially unstable, which also caused some despair in the
family.
164
A. Jones, Gendercide and Genocide. (2004).
165
J. Putten,
ten, Moral Issues and Concerns about China’s One
One-Child Policy. (2010).
49
166
Universal Declaration of Human Rights (1948), sec. 7.
167
168

169
Rep. Act No. 9262 (2004).
Desperate for money, Traynor persuades Linda to become a pornographic film actress. During an
audition
udition at B & A Films, Traynor shows the producers a film of their very own fellatio. Their
film is entitled Deep Throat,, where she is introduced as “Linda Lovelace”. It was such a hit that
Linda became an instant sensation. Linda was interviewed by a variety of print and radio
reporters and becomes the subject of late night television humor.
Despite the fame, Linda’s relationship

ationship with Traynor worsened. Traynor chokes Linda during sex
and forces her into prostitution at gunpoint. Traynor also forced Linda to participate in a gang
bang at a hotel, again at gunpoint. She also suffered physical assault in their domestic home.
The next day, Linda secretly met up with the producer and told him she wants to get out of the
porno business. She revealed the bruises and cuts inflicted by Traynor. The producer had her
checked-in
in into a hotel, while he and his bodyguards whip Traynor for abusing Linda and
thereafter collected the $25,000 he owes.
Linda also revealed how Traynor introduced her into increasing her sexual appetite and abilities.
She was later to condemn him as violent and controlling, even though he became both her
husband and her pimp.
As the movie reached its climax, Linda was able to obtaina divorce, remarried and became an
advocate for anti-pornography.
pornography. She takes a polygraph test before publishing her
autobiography ordeal,, which details the years when Traynor physic
physically
ally and sexually abused her,
and took away all of her earnings. The movie ends with a caption which uncovers that Deep
Throat made over $600 million worldwide, but Linda earned only $1,250 of such gross.
Such abuses experienced by Linda are explicit exam examples

ples of violation of Human Rights listed
under the UDHR. Under Section 3, “everyone has the right to life, liberty and security of person,
further everyone has the right against involuntary servitude as stated under Art. 4”, “No one shall
be held in slaveryy or servitude; slavery and the slave trade shall be prohibited in all their forms.”
Under R.A No. 9208170 and R.A. No. 10364,171 any act of participation by a person in
prostitution, pornography or the production of pornography, in exchange for money, profit or any
other consideration or where the participation is caused or facilitated by any means of
intimidation or threat, use of force, or other forms of coercion, abduction, fraud, deception, debt
bondage, abuse of power or of position or of legal process, ttaking
aking advantage of the vulnerability
of the person, or giving or receiving of payments or benefits to achieve the consent of a person
having control over another person
person;; or in sexual intercourse or lascivious conduct caused or
facilitated by any means shalll be deemed as sexual exploitation.
Further, prostitution is defined as “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 shall be deemed as prostitution.” On the other hand, 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
explic
50
170
Rep. Act No. 9208 (2003).

171
Rep. Act No. 10364 (2013).
sexual activities or any representation of the sexual parts of a person for primarily sexual
purposes.172
In the case of Linda, Traynor shall be liable for the crime of Qualified Trafficking in Persons.173
Under Section 6 of the same acts, when the offende
offenderr is a spouse, xxx, he shall be liable for
Qualified Trafficking in Persons in any violations of section 4 of these acts. And such offender
who shall be found guilty of qualified trafficking shall suffer the penalty of life imprisonment
and a fine of not less
ess than Two million pesos (P2,000,000.00) but not more than Five million
pesos (P5,000,000.00).
The film also depicts the cause and effects of domestic violence. The battered wife cases have
already been dealt here in the Philippines by R.A.No. 9262174 “An Act Defining Violence against
Women and Their Children, Providing for Protective Measures for Victims, Prescribing
Penalties Therefore, And for Other Purposes”. This law exerts efforts to address violence
committed against women and children in keepinkeeping
g with the fundamental freedoms guaranteed
under the Constitution and the Provisions of the Universal Declaration of Human Rights, the
Convention on the Elimination of all forms of discrimination Against Women, Convention on
the Rights of the Child and other
er international human rights instruments of which the Philippines
is a party.
To define, "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with whom he has a common
child, or against her child whether legitimate or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sex
sexual,
ual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty.175
The remedy available to such offended party is the institution of the complaint for the actual
ac
abuse. Under Section 19 of the same act, in cases of legal separation, where violence as specified
in this act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on
the main case and other incidents of the case as soon as possible. The hearing on any application
for a protection order filed by the petitioner must be conducted within the mandatory period
specified in this act. Other safeguards available to the offended party include granting of
protection orders and healthcare
hcare provided in response to abused.
Furthermore, provided under Section 35 of the same act, in addition to their rights under existing
laws, victims of violence against women and their children shall have the following rights: (a) to
be treated with respect
spect and dignity; (b) to avail of legal assistance form the PAO of the
Department of Justice (DOJ) or any public legal assistance office; (c) To be entitled to support
services form the DSWD and LGUs'; (d) To be entitled to all legal remedies and support as
172
Rep. Act No. 10364 (2013).
51
173
Ibid.
174
Rep. Act No. 9262 (2004).

175
Ibid.
provided for under the Family Code; and (e) To be informed of their rights and the services
available to them including their right to apply for a protection order.176
Meanwhile, the managers and producers of the film shall be liable as accessories for the
t crime of
trafficking or persons profiting themselves from producing pornography. They shall be punished
with the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One mi llion pesos (P1,000,000.00).177
million
On the other hand, the other perpetrators who abused Linda sexually shall be liable under R.A.
8353178 for the crime of rape for the act of sexually abusing Linda. Whoever shall be found
guilty of rape shall suffer the penalty of Reclusion Perpetua. They shall also be liable for the act
of use of trafficked persons under Section 11 of R.A No. 9208179 which shall punish any person
who buys or engages the services of a trafficked person for prostitution; with a fine of not less
thann One million pesos (P1,000,000.00) but not more than Five million pesos (P5,000,000.00)
and an imprisonment of reclusion perpetua or forty (40) years imprisonment with no possibility
of parole.
176
Rep. Act No. 9262 (2004).
177
52
Rep. Act No. 10364 (2013).

178
Rev. Pen. Code, Article 266-A.
179
Rep. Act No. 9208 (2003).

CONCLUSION
Given all these violations and abuses against women, our government evidently manifested its
presence through the adoption and implementation of measures crafted particularly to cater the
issues at hand. The indispensability of the existence of our government is a primordial necessity
to which the balance of justice depends
depends.
Considering the predominance of male specie, and incidentally, the patriarchal mentality in the
Philippine setting, there is a dire need to balance the current status quo. With that, our
government is our strongest ally, hhaving
aving the power and capability to shape the being and the
future of its people.
As mentioned, the three branches of the government should be heavily in the fulfillment of the
duties and responsibilities bestowed by the Constitution. This may be seen in the following:
First, our legislative is burdened with the enormous task of being able to determine what the
society needs on a local and on a national level. The laws they initiate should be able to address
the pertinent issues. Our legislators should see
seekk to formulate competent laws, serving the
necessaries of the people.
Meanwhile, the executive branch is expected to enforce these laws, with might and
determination.The
The President may also enter treaties with other nations when the need for social
justice so demands.
Finally, the judiciary shall maintain a strong position in administering justice. They shall take it
into account that the cases decided in thei theirr courts create a strong impact.Supreme Court
decisions become part of the laws of the land
land, and which will be successively followed.
followed
Aside from our government, we have the United Nations who is one with our goals. Our rights
are expressly reflected in the Unive
Universal
rsal Declaration of Human Rights, which all must abide. The
rules and policies of the United
ed Nations make us better. It does not forget women’s rights.
Truly, with a strong concomitance between our government and the United Nations, women’s
rights would be better protected and safeguarded incessantly.
53


Consti2 - 1B - Women's Rights

Diunggah oleh

Informasi Dokumen

Judul Asli

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

Consti2 - 1B - Women's Rights

Diunggah oleh

Hak Cipta:

Format Tersedia

San Beda College Mendiola – College of Law

Constitutional Law II and Human Rights | 2nd Semester, A.Y. 2014-2015

THE GROUP BEHIND THIS WORK

ABOUT THE COVER

The Filipino woman is used to be perceived as the perfect Maria Clara

THE 1987 CONSTITUTION

RTICLE VI. THE LEGISLATIVE DEPARTMENT

ARTICLE XIII. SOCIAL JUSTICE AND HUMAN RIGHTS H E A L T H

LAWS AND CONVENTIONS

1. Convention on the Elimination of All Forms of Discrimination against Women

When such convention is being draft

Another salient provision of CEDAW trafficking 10 It includes

Pungutan vs. Abubakar, 43 SCRA 1 (1972).

2. Creating a National Commission for the Role of Filipino Women

Id, sec. 16.

During the administration of former

It was during the incumbency

Under the administration of President Gloria Macapagal

3. The Magna Carta of Women

4. The Anti-Rape Act

Finally, the Anti-Rape

Rep. Act. 8353 (1997).

5. Violence Against Women and Their Children

Our Filipino delegate, Ms. Elizabet

Unfortunately, at the time these laws were approved, no domestic violen

R.A. 9262 embodied human rights violation on the following provision:

The aforesaid provision protects the woman against (1) depri

6. The Anti-Trafficking Law

Section 7. A new Section 4-C

Finally, the Anti-Trafficking

In our laws, sexual

Sexual Harassment Act of 199579 articulated the Congress’ determination

Under the Declaration of Policy of R.A.7877:

It is then contemplated that the Anti

8. Women Suffrage Act

On said date, women

9. Responsible Parenthood and Reproductive Health Care Act

European Network. Fact Sheet 2012.

The Philippines is a signatory to all of the

Mindanao before the RPRH IRR was finalized.

b. Development of DOH Operational Guidelines

10. The Solo Parent’s Welfare Act

In fact, R.A.8972 is in pursuance

If we look at our 1987 Constitution, it recognizes the role of women in nation

Under Section2 of R.A.6955,

To provide a short background, ffrom

The facts aforementioned

Rep. Act No. 1161, (1954).

13. Expanded Breastfeeding Promotion Act of 2009

In general, the Expanded Breastfeeding Act creates a mother-friendly

14. The Anti-Photo

According to the Department

Article 141 of the decree defines “domest

The actual conditions of helpers, however, oft

R.A.10361 provides the promise of dignified work for wome

5. DILG Memorandum Circular 2012 2012-61

7. Republic Act 9995

8. Proclamation No. 1172

16. Proclamation No. 1105

18. Executive Order No. 368

19. Executive Order No. 329

20. Proclamation No. 759

22. Executive Order No. 273