Professional Documents
Culture Documents
HANDBOOK
PART I:
ANTI-VIOLENCE AGAINST WOMEN & CHILDREN (VAWC)
What is RA9262? ................................................................................. 7
What is Violence Against Women under the Law? ................... 7
What is a public crime ..................................................................... 7
What does VAWC include? ................................................................ 7
Who are considered Children in this law? ........................................... 9
What is referred to as dating relationship in this law? ...................... 9
What is sexual relations? .................................................................. 9
Is VAWC committed by men alone? .................................................. 9
What if male spouse/partner complains about abuses committed
by his wife/partner? ....................................................................... 9
What can women and children do under the law? ............................ 10
What is a protection order ............................................................... 10
Who may file for protection orders? .................................................... 10
What are the reliefs or remedies under a Protection Order? ............... 11
What court has jurisdiction over RA9262 cases? .................................. 13
What are the penalties for committing VAWC? .................................. 13
How should the barangay officials proceed to manage a reported
VAWC case? .................................................................................. 14
What is a Barangay Protection Order? ................................................ 17
Can Barangay Officials arrest the perpetrators without a warrant?.. 17
Can Barangay Officials, Police, Social Workers or private individuals
be sued for trespassing fi they enter the house of the victim?......... 17
What happens if the Barangay Officials fail to report the incidence
of VAWC to the PNP? ........................................................................... 17
Is there a filing fee? .................................................................................... 18
Are complaints for violations of RA9262 covered by the barangay
justice system, or by mediation and conciliation? ........................... 18
What happens if the protection order is violated? ................................ 18
What are some of the important guidelines in the issuance of BPOs?.. 19
Is there a liability for people who intervene in VAWC cases? ............... 19
What happens when the confidentiality of the VAWC case is
violated? ............................................................................................... 20
What are the duties and functions of barangay officials to eliminate
violence against women and children ............................................. 20
22
24
25
25
25
25
26
26
26
27
27
27
27
28
28
28
29
29
29
30
30
30
31
31
32
33
CHILD ABUSE
Overview on Child Abuse ................................................................................
Prevalence of Child Abuse ...............................................................................
Laws to Combat Child Abuse ..........................................................................
Steps in reporting Child Abuse .........................................................................
Where can you report the case? ....................................................................
Who may file a complaint? .............................................................................
ii
38
39
40
41
41
42
Can then persons named in the law be charged criminally if they do not
report a child abuse case? ....................................................................
What acts are punishable under this law? ................................................
Who is considered a child? .........................................................................
Who are liable for child prostitution under the law? ................................
Is a mere attempt to commit child prostitution punishable? ..................
How about a mere attempt to commit child trafficking? .......................
What are other acts of child abuse as defined under the law? ............
Is the mere act of keeping a minor in his company punishable under
the law? ...................................................................................................
Are establishments that promote child abuse liable under the law? .....
May children be employed? ......................................................................
What are the legal remedies of women and children who are being
subjected to abuse? ..............................................................................
What is a protection order? ........................................................................
Emotional Abuse of a Child .........................................................................
Is discipline administered by a parent or legal guardian on a child
considered cruelty? ................................................................................
Sexual Abuse .................................................................................................
Physical Neglect ............................................................................................
Periods of Penalties (Punishments) ..............................................................
Other prohibited acts under RA9262 and RA7610 ....................................
42
43
44
44
45
45
46
46
46
47
48
48
49
49
49
49
50
50
54
54
54
55
55
55
56
56
56
56
57
57
57
58
58
58
59
60
61
65
66
PART II:
Relative provisions of the Convention on Elimination of all Forms of
Discrimination Against Women (CEDAW) ................................................
The Constitutional provisions on Gender Equality & Development for
Women ..........................................................................................................
The Magna Carta of Women (R.A. No. 9710) ................................................
Relative provisions of the Family Code ...........................................................
Family Names / Surnames ...........................................................................
Support? ........................................................................................................
Inheritance ...................................................................................................
Relative provisions of the Labor Code ............................................................
Sexual Harassment .......................................................................................
Maternity Leave ...........................................................................................
Expanded Magna Carta for Women .........................................................
Anti-Violence Against Women and their Children ...................................
Solo Parent Leave ........................................................................................
Anti-Human Trafficking .......................................................................................
APPENDICES
APPENDIX A: Motion for the Issuance of an Ex Parte Temporary Protection
Order/Permanent Protection Order
APPENDIX B: Complaint-Affidavit
iv
68
74
79
90
91
97
105
112
113
119
121
123
133
153
PART I-A
WHAT IS RA 9262?
RA 9262 is the Anti-Violence Against Women and their Children Act
of 2004. It seeks to address the prevalence of violence against
women and children (VAWC) and the abuses on women and their
children by their intimate partners like: Husband or ex-husband;
live-in partner or ex-live in partner; boyfriend/girlfriend or exboyfriend/ex-girlfriend; dating partner or ex-dating partner. The Act
classifies violence against women and children (VAWC) as a public
crime.
It refers to any act or a series of acts committed by any person against 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 including threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of liberty.
WHAT IS A PUBLIC CRIME?
A public crime is a public offense which may be prosecuted upon the filing of a
complaint by any citizen having personal knowledge of the circumstances
involving the commission of the crime.
WHAT DOES VAWC INCLUDE?
Children are those below 18 years of age or older but are incapable of taking
care of themselves (as stated in Republic Act 7610). Among these children are
those who are mentally incapacitated like children having down syndrome, or
autism. More so, it includes children who are suffering from mental illness like
schizophrenia. It includes the biological children of the victim under her care.
Sexual Relations refer to a single sexual act which may or may not result to a
bearing of a child.
IS VAWC COMMITTED BY MEN ALONE?
Women can also be liable under the law. These are the lesbian
partners/girlfriends or former partners of the victim with whom she has or had
a sexual or dating relationship.
WHAT IF MALE SPOUSE/PARTNER COMPLAINS ABOUT ABUSES COMMITTED
BY HIS WIFE/PARTNER?
The law allows women and their children to secure barangay protection
order and/or temporary or permanent protection order from the courts.
They can also file an independent civil action for damages and criminal
action for the violation of anti-VAWC Act.
PROTECTION ORDER
As a public offense (Section 25), the law enumerates the persons who can file
the petition for a protection order. (Section 9), aside from the offended
woman/child such as:
10
PROTECTION ORDER
A Protection Order is an order prescribed in the Anti-VAWC Act to safeguard
the victim from further harm, minimize any disruption in the victims daily life,
and provide the opportunity and ability of the victim to independently regain
control over her life.
11
The protection orders that may be issued under Section 8 of RA 9262 include
any, some, or all of the following reliefs:
a. Prohibition of the respondent from threatening to commit or
committing, personally or through another, any of the acts that
constitute violence against women and their children under the law.
b. Prohibition of the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the petitioner, directly or
indirectly.
c. Removal and exclusion of the respondent from the residence of the
petitioner, regardless of ownership of the residence, either
temporarily for the purpose or protecting the petitioner, or
permanently where no property rights are violated, and if
respondents must remove personal effects from the residence, the
court shall direct a law enforcement agent to accompany the
respondent has gathered his things and escort respondent from the
residence.
d. Directing the respondent to stay away from petitioner and designated
family or household member at a distance specified by the court, and
to stay away from the residence, school, place of employment, or any
specified place frequented by the petitioner and any designated
family or household member.
12
VAWC: Jurisdiction
13
i.
j.
The Regional Trial Court designated as a Family Court has original and
exclusive jurisdiction over cases of violence against women and their
children. In the absence of a Family Court in the place where the offense was
committed, the case can be filed in the Regional Trial Court where the crime
or any of its elements was committed, at the option of the complainant.
WHAT ARE THE PENALTIES FOR COMMITTING VAWC?
If the courts have proven that the offender is guilty of the crime, he may be
imprisoned and will be obliged to pay P100, 000 to P300, 000 in damages.
The length of imprisonment depends on the gravity of the crime. The
offender is also obliged to undergo psychological counseling or psychiatric
treatment.
14
j.
Conduct ex-parte proceedings and issue the BPO within the day of
application. Send notice of the BPO to the respondent. Have it
received by the respondent if not around to any relative or just leave
it in the house of respondent.
l.
16
Yes. Perpetrators may be arrested when any of the acts under R.A. 9262 is
occurring, or when the barangay official has personal knowledge that any act
of abuse has just been committed, and there is imminent danger to the life
or limb of the victim. Any citizen or law enforcer can also arrest the
perpetrator if the situation also falls under the Rules on Warrantless Arrests.
17
VAWC
A BPO refers to the Protection Order issued by the Punong Barangay (PB) or
if the PB is unavailable, by kagawad ordering the offender to desist from
committing or threatening physical harm to the victim. It is effective for 15
days and is not extendible.
No. They are exempt from civil, criminal or administrative liability. Even
private individuals, including foreigners who intervene to help the victim are
exempt from civil and criminal liability.
Any barangay official or law enforcer who fails to report the incident of
VAWC to the PNP shall be liable for a fine not exceeding Ten Thousand
Pesos (P10,000.00) or whenever applicable criminal, civil or administrative
liability.
No. BPOs are issued free of charge. However, there is a need for a fee in
filing for a Temporary Protection Order (TPO) in court. If the petitioner is an
indigent or there is an immediate necessity due to imminent danger or threat
of danger to act on an application for a protection order, the court shall
accept the application without payment of the filing fee and other fees and
of transcript of stenographic notes.
18
VAWC
19
VAWC
a. The Punong Barangay or Kagawad shall assist the victimsurvivor/petitioner in any application for a BPO.
b. The ex parte determination on the application for a protection order
shall have priority over all proceedings. Barangay officials and the
courts shall schedule and conduct hearings on applications for a
protection order above all other business and, if necessary, suspend
other proceedings in order to hear applications for a protection
order.
c. The application for a BPO is an ex parte proceeding, which means
that no notice and hearing need be given to the respondent.
d. The Punong Barangay or kagawad, law enforcers and other
government agencies shall not mediate or conciliate or influence the
victim-survivor/petitioner for a protection order to compromise or
abandon the relief sought. Otherwise, they shall be held
administratively liable.
e. BPOs shall be effective for fifteen (15) days. It is not extendable.
f. The application for and issuance of a BPO is free of charge.
g. The logbook (record of all VAW cases) is confidential and must be
kept from the public especially the media.
h. The following statement must be printed in bold-faced type or in
capital letters on the protection order issued by the Punong Barangay
or court: VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.
No. In every case of violence against women and their children as herein
defined, any person, private individual or police authority or barangay official
Any person who violates this provision shall suffer the penalty of one (1) year
imprisonment and a fine of not more than Five Hundred Thousand pesos
(P500,000.00). In order to eliminate violence against women and their children,
barangay officials shall:
a. Undertake an education program on Republic Act No. 9262 and on
violence against women and their children and why it exists, the rights
and remedies of victim-survivors, and the duties of residents and all
barangay officials.
b. Have a family violence prevention program, including peer counseling
for men.
c. Support organizing efforts and development programs for women in
the community.
20
All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers
and employees and public or private clinics to hospitals shall respect the
right to privacy of the victim. Whoever publishes or causes to be published,
in any format, the name, address, telephone number, school, business
address, employer, or other identifying information of a victim or an
immediate family member, without the latter's consent, shall be liable to the
contempt power of the court. (Sec. 44)
VAWC
VAWC
21
b. The Punong Barangay or Kagawad must issue the BPO on the same
day of application, immediately upon the conclusion of the ex parte
proceedings. The BPO shall state the last known address of the
respondent, the date and time of issuance, and the protective
remedies prayed for by the victim-survivor/petitioner pursuant to
Section 13 hereof. If the Punong Barangay is unavailable to act on
the application for a BPO, the application shall be acted upon by any
available Barangay Kagawad. In such a case, the order must be
accompanied by an attestation by the Barangay Kagawad that the
Punong Barangay was unavailable at the time of the issuance of the
BPO.
A BPO is granted ex parte, without notice and hearing to the
respondent. The victim-survivor/petitioner may be accompanied by
22
a. The application for a BPO shall be in writing, signed by the victimsurvivor/petitioner, and in a language understood by her/him. It shall
be attested before the Punong Barangay who has jurisdiction over the
application. The Punong Barangay or Kagawad shall assist the victimsurvivor/petitioner in any application for a BPO. The ex parte
determination on the application for a protection order shall have
priority over all proceedings.
e.
f. All BPOs shall be enforceable within the barangay that issued the
BPO. The Punong Barangay shall furnish a copy of all BPOs to the
Philippine National Police-Women and Children Protection Desks
(PNP-WCPD) who has jurisdiction in the city or municipality and shall
be entered in a logbook for that purpose.
The BPO may be filed in the barangay where the victim-survivor/ petitioner is
located or resides. If the parties reside in different municipalities or cities, the
Punong Barangay or any kagawad of the barangay where the victim-survivor
resides shall assist the victim-survivor/applicant in filing an application for a
Protection Order from the court within two (2) hours from the request. The
place of residence or location of the victim-survivor/ petitioner may include
the place where the victim-survivor temporarily resides or where she sought
refuge/sanctuary to escape from and avoid continuing violence from the
24
respondent.
26
a. Barangay officials and the courts must schedule and conduct hearings
on applications for a protection order under this Act above all other
business and, if necessary, suspend other proceedings in order to
hear applications for a protection order.
b. Ex parte and adversarial hearings to determine the basis of
applications for a protection order under RA 9262 must have priority
over all other proceedings.
a. Such barangay or police officials are liable for a fine not exceeding
ten thousand pesos or whenever applicable, criminal, civil, or
administrative liability.
b. Section 7 of the Family Courts Act of 1997 and Sections 410-413 of
the Local Government Code of 1991 do not apply in proceedings
where relief is sought under RA 9262.
c. Failure to comply with this Section will render the official or judge
administratively liable.
27
No. Conciliation and mediation of acts of violence against women and their
children are not allowed under this law (Sec. 33, RA 9262). R.A.9262
amended Secs. 410-413 of the Local Government Code. The barangay
officials, police or social workers should not attempt to mediate or influence
the woman to give up her legal action or application for a BPO, TPO or PPO
No. Application for Barangay Protection Order Form (VAWC Form 3) does
not specifically require a medical certificate. The information supplied by the
No. VAWC cases are outside the concerns of the Lupong Tagapamaya since
mediation, arbitration and conciliation are prohibited acts under RA9262. It
specifically prevents further acts of violence against women or her child
through protection orders that may be issued by the barangay (Barangay
Protection Order) or by the court (Temporary Protection Order or TPO) or
Permanent Protection Order or PPO. (Sec. 33)
Violation of BPO shall be a ground for court action. If found guilty, the
perpetrator shall be ordered by the court to suffer imprisonment of thirty
(30) days without prejudice to other criminal or civil action that the offended
party may file for any acts committed.
28
Yes. One of the crimes of violence against women and children is deprivation
or threat to deprive them of financial support legally due them or
deliberately providing the children insufficient financial support. When this
situation occurs, even in the absence of the mother, a child/children can
apply for financial support. However, in cases involving financial support, it is
the Court that will decide, not the barangay.
Yes. Request for police assistance may be an option of the barangay officials
concerned in serving the BPO. BPOs shall be personally served by the
Punong Barangay or Barangay Kagawad or any barangay official directed to
affect its personal service.
A complaint for a violation of BPO can be filed directly with any Municipal
Trial Court, Metropolitan Trial Court or Municipal Circuit Trial Court that has
territorial jurisdiction over the barangay that issued the BPO.
Yes. Barangay Officials are mandated to perform their duties and functions
to eliminate violence against women and their children specifically to arrest
the perpetrator regardless of any personal relationship with him.
The Punong Barangay or Kagawad who issued the BPO shall initiate a
complaint against the perpetrator for violation of the13 BPO and if he/she is
no longer in office or is incapacitated, a complaint for a violation of the BPO
may be filed by any barangay official.
30
Yes. Arrest him or her when any of the acts under R.A. 9262 is occurring, or
when the barangay official has personal knowledge that any act of abuse has
just been committed and there is imminent danger to the life or limb of the
victim. Any citizen or law enforcer can also arrest the perpetrator if the
situation also falls under the Rules on Warrantless Arrests, or when they have
personal knowledge that any act of abuse has just been committed and in
the presence of imminent danger to the life or limb of the victim-survivor.
Any Kagawad can issue BPO.
Yes. Arrest him or her when any of the acts under R.A. 9262 is occurring, or
when the barangay official has personal knowledge that any act of abuse has
just been committed and there is imminent danger to the life or limb of the
victim. Any citizen or law enforcer can also arrest the perpetrator if the
situation also falls under the Rules on Warrantless Arrests, or when they have
personal knowledge that any act of abuse has just been committed and in
the presence of imminent danger to the life or limb of the victim-survivor.
Any Kagawad can issue BPO.
The Punong Barangay or Kagawad must act on the application for BPO
immediately/ASAP.
PART I-B
THE LAW ON
CHILD ABUSE
(Republic Act No. 9262)
Overview on
CHILD ABUSE
38
ANTI-VIOLENCE AGAINST
WOMEN AND THEIR
40
SPECIAL PROTECTION
OF CHILDREN AGAINST
CHILD ABUSE,
EXPLOITATION AND
DISCRIMINATION ACT
OF 1992 (R.A. NO.
7610)
FAILURE TO REPORT
42
F.
G.
Offended party
Parents or guardians
Ascendant or collateral relative within the third degree of
consanguinity
Officer, social worker of the Department of Social Welfare and
Development
Officer or social worker or representative of a licensed childcaring institution
Barangay chairman
At least three (3) concerned responsible citizens where the
violation occurred.
CHILD PROSTITUTION
AND SEXUAL ABUSE
CHILD TRAFFICKING
OBSCENE
PUBLICATIONS
INDECENT SHOWS
43
44
IS A MERE ATTEMPT TO
PROSTITUTION PUNISHABLE?
COMMIT
CHILD
46
47
48
SEXUAL ABUSE
PHYSICAL NEGLECT
It refers to the failure to provide a child with basic necessities of life such as
food and clothing. Medical neglect is when caregivers do not meet childrens
basic health care needs. Emotional neglect is failing to provide emotional
support such as emotional security and encouragement.
50
PART I-C
THE
ANTI-RAPE LAW
(Republic Act No. 8353)
What is the
ANTI-RAPE LAW?
amended on October 22, 1997 by Republic Act No. 8353, also known as the
Anti-Rape Law of 1997. The new law reclassified rape from a crime against
chastity to a crime against persons, which means that prosecution is
Rape is governed by Article 335 of the Revised Penal Code (RPC), which was
54
Yes. Rape is now a crime against persons, the law no longer considers it as a
private crime. Anyone who has knowledge of the crime of rape may file a case
on the victims behalf. Prosecution continues even if the victim drops the case
or pardons the offender.
2. When any person (a man or a woman) who, under any of the above
55
This is either a rape by sexual intercourse or by sexual assault and the legal
husband is the offender.
56
Any man or woman may be held liable for rape. It is possible that a man may
rape his own wife, an act deemed as marital rape. The penalty for rape in
general may apply on the offender who commits marital rape.
57
No. R.A. No. 9346 also known as An Act Prohibiting The Imposition Of Death
Penalty In The Philippines, has abolished the death penalty. However, the
penalty of reclusion perpetua without eligibility for parole shall be imposed, in
lieu of death.
58
59
Revised Katarungang Pambarangay Law, rape, an offenses for which the law
prescribes a maximum penalty of imprisonment exceeding one (1) year, is not
one of the cases which needs to undergo barangay conciliation proceedings.
1.
2.
4.
6.
7.
8.
9.
60
3.
PROCEDURE
PREPARING FOR A CASE
(2)
61
PRELIMINARY INVESTIGATION
A preliminary investigation is required to be
conducted before the filing of complaint or
information for offenses where the penalty
prescribed by law is at least four (4) years, two
(2) months, and one (1) day imprisonment
without regard to the file.
During preliminary investigation, a public
prosecutor determines probable cause. If there
is probable cause, the prosecutor will file the
information in the proper court; otherwise the
case will be dismissed.
In private offenses (e.g., abduction, adultery,
acts of lasciviousness, concubinage, seduction),
a private complainant may file a complaint with
the prosecutor.
Before the conduct of preliminary investigation,
the appropriate docket fees for certain offenses
shall be assessed and paid.
FILE the case with the proper court and pay the
He can
For crimes
If the respondent is
FILING OF INFORMATION
issued.
62
ARRAIGNMENT
The accused shall be arraigned within ten (10)
guilty.
PURPOSE OF ARRAIGNMENT:
TRIAL
During the Trial, the parties present evidence on the issues of fact and law. The
prosecution will present evidence first subject to cross-examination by the accused,
followed by the accused subject to cross-examination by the prosecution.
Thereafter, the prosecution and the accused may submit rebuttal and sur-rebuttal
evidence.
After the prosecution rests its case, the accused may file a demurrer to evidence. If
the court denies the demurrer to evidence filed with leave of court, the accused may
present evidence in his defense. When the demurrer to evidence is filed without
leave of court, the accused waived his right to present evidence, and the case is
submitted for decision.
63
PRE-TRIAL
The court may allow the submission of written memoranda. The court shall then
render judgment based on evidence formally presented by the prosecution and
accused.
JUDGMENT
After Trial, the court shall promulgate its judgment either finding the accused guilty or not guilty in
SUPREME COURT
Trial
first-level
Courts,
courts
such
as the
Municipal
Trial
Courts,
COURT OF APPEALS
RTC
MTCC
MTC
MeTC
MCTC
APPEAL
64
EXECUTION
If the appeal is denied and the conviction is affirmed on appeal with finality, the case
will be brought back to the court of origin for enforcement of the judgment.
Final judgment shall be enforced by the court through the issuance of a commitment
order directing the detention of the accused to a penal or correctional institution to
serve the sentence imposed on him.
1.
2.
3.
4.
5.
To be presumed innocent
until the contrary is
proved beyond
reasonable doubt.
To be informed of the
nature and cause of the
accusation against him.
To be present and defend
in person and by counsel
at every stage of the
proceedings, from
arraignment to
promulgation of the
judgment.
To testify as a witness in
his own behalf but subject
to cross examination on
matters covered by direct
examination. His silence
shall not in any manner
prejudice him.
To be exempt from being
compelled to be a witness
against himself.
6.
7.
8.
9.
Directory
COUNSELING & REFERAL SERVICES:
Rizal Boulevard, Dumaguete City
Email: cswdodgte@yahoo.com
Tel. No.: (035) 225-9887 / 422-6126
CONTACT DIRECTORY
LEGAL ASSISTANCE:
66
PART II-A
RELATIVE PROVISIONS OF
THE CONVENTION ON
ELIMINATION OF ALL FORMS
OF DISCRIMINATION
AGAINST WOMEN (CEDAW)
WHAT IS CEDAW?
CEDAW or the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) is an international document which lists the rights of
all girls and women. It is an important agreement about equality between
girls/women and boys/men.
WHAT IS A CONVENTION?
70
WHAT IS DISCRIMINATION?
CEDAW
71
CEDAW
Girls and women who live with disabilities, are indigenous, live in rural areas,
are poor, or belong to different cultural groups, may face a lot more
discrimination.
WHEN DID IT TAKE EFFECT?
With the idea of ending discrimination faced by all girls and women, the
United Nations accepted CEDAW on 18 December 1979. As of 2010, 186
countries have ratified CEDAW. By ratification we mean the governments have
agreed to do everything possible to guarantee the rights in CEDAW, including
making them a part of their own laws. So governments that have ratified
CEDAW have a duty to end discrimination faced by girls and women in their
country.
WHY SHOULD BOYS AND MEN CARE ABOUT CEDAW?
When girls and women exercise their rights, it benefits everyone, including
boys and men. Educated, healthy and skilled girls and women, and also boys
and men, come together to build a better future for themselves, their families,
communities and nations. Boys and mens attitudes make a difference. When
boys and men support girls and women to claim their rights, they have better
relationships with girls and women in their lives. Boys and men can support
girls and women in realizing their rights in many ways. In their homes, schools
and communities, boys and men can change attitudes and behavior towards
girls and women. Boys and men can also make girls and women feel safe,
encouraged and supported to assert the rights that CEDAW says they have.
WHAT ARE THE CONTENTS OUTLINED IN CEDAW?
CEDAW has 30 articles. These articles explain what girls and womens rights
are and what governments should do to end discrimination against them.
ARTICLES 1-16 OF CEDAW outline the different things governments must do
to end discrimination against girls and women. It also lists specific areas where
discrimination against girls and women must end, like laws, marriage,
education, health care, and employment.
CEDAW
72
PART II-B
THE CONSTITUTIONAL PROVISIONS ON
74
WHAT
DOES
THE
CONSTITUTION
PROVIDE
FOR
WOMEN
EMPOWERMENT AND EQUALITY?
Under the 1987 Philippine Constitution, it recognized the vital role of women.
As provided under Article II section 14 which state that: The state recognizes
the role of women in nation building, and shall ensure the fundamental
equality before the law of women and men. And article XIII, section 14 to
protect our working women.
PART II-C
OF WOMEN
The Magna Carta of Women is comprehensive womens human rights law that
seeks to eliminate discrimination against women by recognizing, protecting,
fulfilling and promoting the rights of Filipino women, especially those in
marginalized sector.
WHAT IS DISCRIMINATION AGAINST WOMEN?
All rights in the Philippine Constitution and those rights recognized under
international instruments duly signed and ratified by the Philippines, in
consonance with Philippine laws shall be rights of women under the Magna
Carta of Women. These rights shall be enjoyed without discrimination since the
law prohibits discrimination against women, whether done by public and
private entities or individuals.
The Magna Carta of Women also spells out every woman's right to:
WHAT ARE THE RIGHTS OF WOMEN GUARANTEED UNDER THE MAGNA CARTA
OF WOMEN?
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Covering all stages of a woman's life cycle, and which addresses the
major causes of women's mortality and morbidity, including access to
among others, maternal care, responsible, ethical, legal, safe and
effective methods of family planning, and encouraging healthy lifestyle
activities to prevent diseases.
Leave benefits of two (2) months with full pay based on gross monthly
compensation, for women employees who undergo surgery caused by
gynecological disorders, provided that they have rendered continuous
aggregate employment service of at least six (6) months for the last
twelve (12) months.
The State shall ensure the same rights of women and men to: enter into
and leave marriages, freely choose a spouse, decide on the number
and spacing of their children, enjoy personal rights including the choice
of a profession, own, acquire, and administer their property, and
acquire, change, or retain their nationality. It also states that the
betrothal and marriage of a child shall have no legal effect.
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The Magna Carta of Women defines the marginalized sectors as those who
belong to the basic, disadvantaged, or vulnerable groups who are mostly living
in poverty and have little or no access to land and other resources, basic social
and economic services such as health care, education, water and sanitation,
employment and livelihood opportunities, housing security, physical
infrastructure and the justice system. These include, but are not limited to
women in the following sectors or groups: Small farmers and rural workers,
Fisherfolk, Urban poor, Workers in the formal economy, Workers in the
informal economy, Migrant workers, Indigenous Peoples, Moro, Children,
Senior citizens, Persons with disabilities, and Solo parents.
HOW CAN FILIPINO WOMEN LIVING ABROAD BENEFIT FROM THIS LAW?
The State, the private sector, society in general, and all individuals shall
contribute to the recognition, respect and promotion of the rights of women
defined and guaranteed in the Magna Carta of Women. The Philippine
Government shall be the primary duty-bearer in implementing the said law.
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Statistics show that more and more Filipino women are migrating for overseas
employment. In many places, women migrant workers have limited legal
protections or access to information about their rights, rendering them
vulnerable to gender-specific discrimination, exploitation and abuse. Section
37 of the Magna Carta of Women mandates the designation of a gender focal
point in the consular section of Philippine embassies or consulates. The said
officer who shall be trained on Gender and Development shall be primarily
responsible in handling gender concerns of women migrant workers, especially
those in distress. Other agencies (e.g. the Department of Labor and
Employment and the Department of Social Welfare and Development) are also
mandated to cooperate in strengthening the Philippine foreign posts'
programs for the delivery of services to women migrant workers, consistent
with the one-country team approach in Foreign Service.
This means that all government offices, including local government units and
government-owned and controlled corporations shall be responsible to
implement the provisions of Magna Carta of Women that falls within their
mandate, particularly those that guarantee rights of women that require
specific action from the State. As the primary duty-bearer, the Government is
tasked to:
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The Government shall fulfill these duties through the development and
implementation of laws, policies, regulatory instruments, administrative
guidelines, and other appropriate measures, including temporary special
measures. It shall also establish mechanisms to promote the coherent and
integrated implementation of the Magna Carta of Women and other related
laws and policies to effectively stop discrimination against Filipino women.
The sanctions under administrative law, civil service or other appropriate laws
shall be recommended by the Commission on Human Rights to the Civil
Service Commission and the Department of the Interior and Local
Government.
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Consistent with its mandate, the Commission on Human Rights shall act as the
Gender and Development Ombud to ensure the promotion and protection of
women's human rights. The Commission on Audit shall conduct an annual
audit on the government offices' use of their gender and development
budgets for the purpose of determining its judicious use and the efficiency,
and effectiveness of interventions in addressing gender issues. Local
government units are also encouraged to develop and pass a gender and
development code to address the issues and concerns of women in their
respective localities based on consultation with their women constituents.
Under this law, the National Commission on the Role of Filipino Women which
will be renamed as the Philippine Commission on Women (PCW) shall be the
overall monitoring and oversight body to ensure the implementation of the
law. As an agency under the Office of the President of the Philippines, it will be
the primary policy-making and coordinating body for women and gender
equality concerns and shall lead in ensuring that government agencies are
capacitated on the effective implementation of the Magna Carta of Women.
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The Magna Carta of Women provides that the State agencies should utilize
their gender and development budgets for programs and activities to
implement its provisions. Funds necessary for the implementation of the
Magna Carta of Women shall be charged against the current appropriations of
the concerned agencies, and shall be included in their annual budgets for the
succeeding years.
The Magna Carta of Women also mandates the State to prioritize allocation of
all available resources to effectively fulfill its obligations under the said law.
WHEN IS THE EFFECTIVITY OF THE MAGNA CARTA OF WOMEN?
PART II-D
THE LAW ON
FAMILY NAMES /
SURNAMES
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1. Her maiden first name and surname and add her husband's surname,
or
2. Her maiden first name and her husband's surname or
3. Her husband's full name, but prefixing a word indicating that she is his
wife, such as "Mrs."
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PART II-E
THE LAW ON
SUPPORT
SUPPPORT
WHAT IS SUPPORT?
Support is everything that is indispensable for sustenance, dwelling, clothing
and medical attendance, according to the social position of the family.
Support also includes the education of the person entitled to be supported
until he completes his education or training for some profession, trade or
vocation, even beyond the age of majority.
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SUPPPORT
Payment must be made within the first five days of each corresponding month.
When the recipient dies, his heirs cannot be obliged to return what he has
received in advance.
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While the action is pending, you can claim for Support pendente lite.
No. The obligation of mutual support between the spouses ceases after the
marriage is annulled but your legitimate children will still get support from your
ex-husband. (Art. 198, Family Code)
WHAT IF INSTEAD OF ANNULMENT, MY HUSBAND AND I ARE ONLY
LEGALLY SEPARATED?
In case of legal separation, the court may order that the guilty spouse shall
give support to the innocent one, specifying the terms of such order. (Art. 198,
Family Code)
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101
CAN THE WIFE OR PARTNER STILL GET SUPPORT WHILE THE ACTION IS
STILL PENDING?
Yes. You can file a petition for support pendente lite before the court to
compel your husband to provide you with support while the action is pending.
WHAT HAPPENS IN A PROCEEDING FOR SUPPORT?
The Family Court judge will set the amount of support in proportion to your
needs and the resources of your husband or live-in partner.
WHAT IF THE HUSBAND IS WORKING ABROAD AND HE REFUSES TO
GIVE SUPPORT?
You can file a proper action in the court or wait for your husband to return in
the Philippines and file a Hold Departure Order under R.A. 9262, so that he
cannot leave the country while the action is pending in the court.
Yes. When, without the knowledge of the person obliged to give support, it is
given by a stranger, the stranger shall have a right to claim the same from the
former, unless it he gave it without intention of being reimbursed. (Art. 206,
Family Code)
WHAT OTHER RIGHTS DO MY RELATIVES OR STRANGERS HAVE WHEN
THEY RENDER SUPPORT IN LIEU OF MY HUSBANDS ABSENCE?
IF THE HUSBAND ABANDONS THE WIFE, CAN THE LATTER ASK SUPPORT
FROM OTHER PEOPLE FOR THE CHILD?
Yes you may but the law does not provide for an obligation to strangers to
support your child while you husband is alive. The parents are the primary
persons obliged to render support to the child. However, if your husband has
abandoned you with no means of finding him and you cannot support your
child alone, you may ask for support from other people obliged by law to give
support, such as legitimate ascendants or descendant under Article 105 of the
Family Code. Article 199 also provides the order of persons oblige to give
support: spouse, descendants in the nearest degree, ascendants in the nearest
degree, and brothers and sisters.
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Article 207 also provides that when the person obliged to support another
unjustly refuses or fails to give support when urgently needed by the latter, any
third person may furnish support to the needy individual, with right of
reimbursement from the person obliged to give support. Article 207
particularly applies when the father or mother of a child under the age of
majority unjustly refuses to support or fails to give support to the child when
urgently needed.
PART II-F
THE LAW ON
INHERITANCE
HOLOGRAPHIC
A holographic will must be entirely written, dated, and signed by the hand of
the testator himself. It is subject to no other form, and may be made in or out
of the Philippines, and need not be witnessed (Article 810, Civil Code).
NOTARIAL
A notarial will must comply with the formal requisites, otherwise, it has no
effect. A notarial will must have the following:
1. In writing.
2. In a language or dialect known to the testator.
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WHAT IS A WILL
It is a document whereby a person, called the testator, disposes of his/her
properties to take effect upon his/her death.
WHAT IS PROBATE?
It is a special proceeding to establish the validity of a will. Probate is
mandatory. A will has no effect unless probated in a proper court.
CAN A WILL BE PROBATED DURING THE LIFETIME OF THE TESTATOR?
Yes. In this manner, the testator himself will confirm the validity of the will.
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WHAT IS A LEGITIME?
It is that part of the testators property which he cannot dispose of because the
law has reserved it for certain heirs who are, therefore, called compulsory heirs
(Article 886, Civil Code). It is what the compulsory heirs receive.
A will can only dispose the free portion of the testators properties. A will
cannot impair the legitime of the compulsory heirs.
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7. The State.
1.
2.
3.
4.
5.
6.
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PART II-G
THE LABOR CODE PROVISIONS ON
SEXUAL HARASSMENT,
MATERNITY LEAVE, SOLO
PARENT LEAVES
SEXUAL HARASSMENT
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115
117
Maternity Leave
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MATERNITY LEAVE
WHO ARE ENTITLED TO MATERNITY LEAVE BENEFIT?
A pregnant woman member of SSS who has paid at least three monthly
contributions in the twelve-month period immediately preceding the semester
of her childbirth or miscarriage shall be paid a daily maternity benefit. (Sec. 14A, R.A. 8282)
WHAT ARE THE REQUIREMENTS IN ORDER FOR THE PREGNANT WOMAN
TO BE ENTITLED TO THE MATERNITY LEAVE BENEFIT UNDER SOCIAL
SECURITY ACT?
To be entitled to the Maternity Leave Benefit the following requirements must
be present:
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1. The pregnant woman employee must have paid at least three monthly
contributions within the 12-month period immediately preceding the
semester of her childbirth or miscarriage.
2. She has given the required notification of her pregnancy through her
employer if employed, or to the SSS if separated, voluntary or selfemployed member. (Sec. 14-A, R.A. 8282)
Maternity Leave
RELATIVE PROVISIONS OF
WHO ARE QUALIFIED TO AVAIL OF THIS BENEFIT AND WHAT ARE THE
CONDITIONS?
All women employees in the private sector, regardless of age and civil status,
are entitled to special leave benefits, provided she has complied with the
following conditions:
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RELATIVE PROVISIONS OF
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RELATIVE PROVISIONS ON
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10. Any family member who assumes the responsibility of head of family
as a result of the death, abandonment, disappearance or prolonged
absence of the parents or solo parent. (Sec. 6(b), R.A. 8972)
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126
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2. The social worker receives and ensures that all documents are complete
and registers the applications with an appropriate case number in the
log-book Registry of Solo Parents.
5. The SP ID card is valid for one year and renewable every year, subject
to reassessment and re-evaluation by the social worker. In some
instances, some LGUs indicate a three (3) year period, which will be
signed / initialed by the social worker when revalidated.
6. The C/MSWDO shall be responsible in the printing of the SP IDs. Proper
control on the issuance of such shall be undertaken by C/MSWDO. If SP
IDs are not immediately available for issuance after intake/assessment
interview, the social worker shall issue a certificate of eligibility.
7. SP IDs shall be surrendered to the C/MSWDO when the solo parents
transfer residence in another area. As transferees from another
barangay, the solo parents shall secure a certification from the new
barangay attesting whether or not they have already availed of SP
services.
8. The availment of the seven days parental leave, in addition to the
regular leave privileges provided by government agencies and private
corporations is the right of every qualified solo parent. Solo parents
may directly apply for parental leave with their employers, provided a
valid SP ID is presented.
IS THE BENEFIT CONVERTIBLE TO CASH?
No. In the event that the parental leave is not availed of, said leave shall not be
convertible to cash unless specifically agreed upon previously. However, if said
leave were denied an employee as a result of non-compliance with the
provisions of these Rules by an employer, the aforementioned leave may be
used as a basis for the computation of damages. (Sec. 20, R.A. 8972)
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PART II-H
THE LAW ON
ANTI-HUMAN
TRAFFICKING
133
Human Trafficking
WHAT ARE THE PROHIBITED ACTS IN R.A. 9208 AND R.A. 10364 THAT ARE
CONSIDERED AS TRAFFICKING IN PERSONS?
Prohibited acts in R.A. 9208 and R.A. 6 that are considered as trafficking
in persons:
1. To recruit, obtain, hire, provide, offer, transport, transfer, maintain,
harbor, or receive a person by any means, including those done under
the pretext of domestic or overseas employment or training or
Human Trafficking
134
135
Human Trafficking
136
Human Trafficking
Human Trafficking
137
138
WHAT IS PORNOGRAPHY?
It refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever
means, of a person engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual purposes.
(Sec. 3, R.A. 9208)
Human Trafficking
Human Trafficking
139
140
Human Trafficking
141
Human Trafficking
142
Human Trafficking
Human Trafficking
143
144
Human Trafficking
Human Trafficking
145
146
Human Trafficking
this Act and ensure effective prosecution of such cases. They shall also
undertake an information campaign against trafficking in persons
through the establishment of the Migrants Advisory and Information
Network (MAIN) desks in municipalities or provinces in coordination
with the DILG, Philippine Information Agency (PIA), Commission on
Filipinos Overseas (CFO), NGOs and other concerned agencies. They
shall encourage and support community-based initiatives which
address the trafficking in persons. (Sec. 15, RA 10364)
147
Human Trafficking
institution devoted to protecting trafficked persons after the rescue. (Sec. 18,
RA 10364)
IS THE PAST SEXUAL BEHAVIOR OR THE SEXUAL PREDISPOSITION OF A
TRAFFICKED PERSON CONSIDERED INADMISSIBLE IN EVIDENCE?
Yes. It is not admissible in evidence for the purpose of proving consent of the
victim to engage in sexual behavior, or to prove the predisposition, sexual or
otherwise, of a trafficked person. (Sec. 19, RA 10364)
ARE TRAFFICKED PERSONS WHO ARE FOREIGN NATIONALS ENTITLED TO
APPROPRIATE PROTECTION, ASSISTANCE AND SERVICES UNDER THIS ACT?
Yes. Trafficked persons in the Philippines who are nationals of a foreign
country shall also be entitled to appropriate protection, assistance and services
available to trafficked persons under this Act. (Sec. 19, RA 9208)
ARE LAW ENFORCEMENT OFFICER, SOCIAL WORKER, OR PERSON ACTING
IN COMPLIANCE WITH A LAWFUL ORDER IMMUNE FROM SUIT?
Yes. They are immune from suit only for lawful acts done or statements made
during an authorized rescue operation, recovery or rehabilitation/intervention,
or an investigation or prosecution of an anti-trafficking case and such are done
in good faith. (Sec. 20, RA 10364)
WHAT IS THE JURISDICTION OF THE STATE?
The State shall exercise jurisdiction over any act defined and penalized under
this Act, even if committed outside the Philippines and whether or not such act
or acts constitute an offense at the place of commission, the crime being a
continuing offense, having been commenced in the Philippines and other
elements having been committed in another country, if the suspect or accused:
1. Is a Filipino citizen; or
2. Is a permanent resident of the Philippines; or
3. Has committed the act against a citizen of the Philippines. (Sec. 23, RA
10364)
Human Trafficking
148
Human Trafficking
149
Human Trafficking
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PART II-I
THE LAW ON
ANTI-VOYEURISM
Anti-Voyeurism
153
154
Anti-Voyeurism
Anti-Voyeurism
155
Anti-Voyeurism
However, any peace officer may secure an order of the court to use the record
or any copy thereof as evidence in any civil, criminal investigation or trial of the
crime of photo or video voyeurism. The written order shall only be issued or
granted upon written application and the examination under oath or
affirmation of the applicant and the witnesses he/she may produce, and upon
showing that there are reasonable grounds to believe that photo or video
voyeurism has been committed or is about to be committed, and that the
evidence to be obtained is essential to the conviction of any person for, or to
the solution or prevention of such, crime. (Sec. 6, R.A. 9995)
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APPENDIX
COMPLAINT-AFFIDAVIT
The UNDERSIGNED, __________________________, accuses _________, of
_____________, committed as follows, to wit:
That on or about _________, at about _____________ in the _________________,
______________, Philippines, the said accused did then and there willfully, unlawfully,
feloniously, and by means of _____________, committed _____________, upon the undersigned
directly by overt acts to wit:
(state the details how the crime was committed).
The undersigned executed this affidavit to attest the truthfulness of the foregoing facts
and to support the filing of Criminal Cases against _______________________________ for
violations of ________________________.
___________, this _____ day of __________, ____.
________________________
Offended Party
SUBSCRIBED AND SWORN to before me this ___ day of _______ at
_______________. I HEREBY CERTIFY that I have personally examined the herein offended
party and I am satisfied that they voluntarily executed and understood their given affidavit.
________________________
Notary Public
WITNESSES:
__________________________
__________________________