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A PROJECT OF:

Salonga Center for Law & Development


Office of the City Legal Assistance Services (OCLAS)
Silliman University College of Law Street Law Class 2014-2015
IN COOPERATION WITH:

The City Government of Dumaguete


MAYOR MANUEL "Chiquiting" SAGARBARRIA
VICE MAYOR WOODROW MAQUILING SR.

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

IMPORTANT PROCEDURES IN THE APPLICATION AND ISSUANCE


OF BPO AND OTHER GUIDELINES
What is the procedure in applying for a barangay protection order?.. 22
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What is the procedure in applying for a barangay protection order?......


Where may one apply for a BPO? ...............................................................
What happens after issuance of BPO? ........................................................
The BPO is limited only to what reliefs or remedies? ....................................
If the barangay issued a BPO, will this prevent the woman-victim or her
children from going to court and asking for a TPO or a PPO? ............
What should the copy of the protection order contain? ...........................
What will happen if the barangay or the court fails to observe the
periods mentioned in RA9262? ................................................................
What if the barangay council is busy with other matters? ........................
What if after the issuance of the BPO the womans intimate partner
violates it by inflicting harm or threatening the woman and/or
her child? ...................................................................................................
What are the consequences if barangay or police officials refuse to
act on a complaint filed by an abused woman or her children? .......
Can the barangay officials mediate or conciliate? ..................................
When a husband refuses to leave the house after committing violence
against his wife or child, what could be another option for/against
the husband? ............................................................................................
Is a medical certificate required in the issuance of BPO? .........................
Can VAWC cases still be submitted to the Lupong Tagapamayapa? ....
Under RA9262, can a child/children apply for financial support? ...........
What are the sanctions against an offender who violates the BPO? .......
What is the prescriptive period for a complainant to file a complaint? ...
Can barangay officials request for police assistance in serving the BPO?
What action shall the barangay officials do when an offender refuses
to receive the BPO? ...................................................................................
Who may file for violation of BPO ...................................................................
Where can you file a complaint for a violation of a BPO? .........................
Can barangay officials handle cases of offenders who happen to be
their friends or pals? ...................................................................................
Can barangay officials arrest the perpetrator with out a warrant? ..........
How many days are given to the Punong Barangay or Kagawad in
the issuance of BPO? .................................................................................
How to handle VAWC cases? (Flowchart) ...................................................
How to issue and enforce a BPO? (Flowchart) ............................................

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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? .............................................................................
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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 ....................................

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THE ANTI-RAPE LAW (R.A. 8353)


What is the Anti-Rape law? ..........................................................................
Is rape a public offense? ..............................................................................
How is rape committed? ..............................................................................
Who can be a rape victim? .........................................................................
What is rape by sexual intercourse? ............................................................
What is rape by sexual assault? ...................................................................
What is marital rape? ....................................................................................
How is rape committed when the offended party is a man? ..................
Who can commit rape? ................................................................................
Does the Anti-Rape Law recognize marital rape as a crime? ..................
What happens if the rape victim marries the offender? ............................
Is the character of the offended woman material in rape? .....................
Is there a provision in the law which stipulates that the officers attending
to the rape case be a female? ...............................................................
How is the crime of rape punished? .............................................................
May the crime of rape be punished by death penalty? ...........................
Does the Lupong Barangay have jurisdiction to reconcile rape cases
brought before it? .....................................................................................
If one would like to file a case of rape, what are the steps involved and
what processes would the victim have to go through? .......................
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How to help a rape victim? .............................................................................


Procedure in Rape cases .................................................................................
Rights of the Accused .......................................................................................
Contact Directory .............................................................................................

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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

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PART I-A

ANTI-VIOLENCE AGAINST WOMEN &


CHILDREN ACT AND BARANGAY
PROTECTION ORDER
(Republic Act No. 9262)

Violence Against Women & Children

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.

WHAT IS VIOLENCE AGAINST WOMEN UNDER THE LAW?

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?

It includes, but is not limited to, the following acts:


a) Physical Violence include bodily or physical harm;
b) Sexual Violence refers to act which is sexual in nature, committed
against a woman or her child, such as, but is not limited to:

1. Rape, sexual harassment, acts of lasciviousness, treating a


woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual parts
of the victims body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
2. Acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion;
3. Prostituting the woman or her child.

Violence Against Women & Children

c) Psychological Violence refers to acts or omissions causing or likely


to cause mental or emotional suffering of the victim such as but not
limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and marital
infidelity. It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation
of the right to custody and/or visitation of common children.

d) Economic Abuse refers to acts that make or attempt to make a


woman financially dependent. This includes but is not limited to the
following:
1. Withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article
73 of the Family Code;

WHO ARE CONSIDERED CHILDREN IN THIS LAW?

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.

Violence Against Women & Children

2. Deprivation or threat of deprivation of financial resources and the


right to the use and enjoyment of the conjugal, community or
property owned in common;
3. Destroying household property;
4. Controlling the victims own money or properties or solely
controlling the conjugal money or properties.

WHAT IS REFERRED TO AS DATING RELATIONSHIP IN THIS LAW?

A dating relationship is one which has a romantic involvement. It means that a


relationship existed between a woman and a partner who is abusive or has
previously abused her, whether or not the relationship was formal.
WHAT IS SEXUAL RELATIONS?

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?

He may file a complaint or case under the Revised Penal Code.

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.

VAWC: Protection Orders

WHAT CAN WOMEN AND CHILDREN DO UNDER THE LAW?

PROTECTION ORDER

WHO MAY FILE FOR PROTECTION ORDERS?

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:

o The offended party.


o Parents or guardians of the offended party.
o Ascendants, descendants or collateral relatives within the fourth civil
o
o
o
o

degree of consanguinity or affinity.


Officers or social workers of the DSWD or social workers of local
government units (LGUs).
Police officers, preferably those in charge of women and children's
desks.
Punong Barangay or Barangay Kagawad.
Lawyer, counselor, therapist or healthcare provider of the petitioner.

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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.

o At least two (2) concerned responsible citizens of the city or

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VAWC: Reliefs / Remedies

municipality where the violence against women and their children


occurred and who has personal knowledge of the offense committed.

WHAT ARE THE RELIEFS OR REMEDIES UNDER A PROTECTION ORDER?

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.

f. Granting temporary or permanent custody of a child or children to


the petitioner.

Notwithstanding other laws to the contrary, the court shall order an


appropriate percentage of the income or salary of the respondent to
be withheld regularly by the respondents employer for the same to
be automatically remitted directly to the woman.
Failure to remit or withhold or any delay in the remittance of support
to the woman or her children without justifiable cause will render the
respondent or his employer liable for indirect contempt of court.
h. Prohibition of the respondent from any use or possession of any
firearm or deadly weapon and order him to surrender the same to
the court for appropriate disposition by the court, including
revocation of license and disqualification to apply fore any license to
use or possess a firearm. If the offender is a law enforcement agent,
the court shall order the offender to surrender his firearm and shall
direct the appropriate authority to investigate on the offender and
take appropriate action on the matter.

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g. Directing the respondent to provide support to the woman or her


child if entitled to legal support.

VAWC: Reliefs / Remedies

e. Directing lawful possession and use by petitioner of an automobile


and other essential personal effects, regardless of ownership, and
directing the appropriate law enforcement officer to accompany the
petitioner to the residence of the parties to ensure that the petitioner
is safely restored to the possession of the automobile and other
essential personal effects, or to supervise the petitioners or
respondents removal of personal belongings.

VAWC: Jurisdiction
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i.

Restitution for actual damages caused by the violence inflicted,


including but not limited to, property damage, medical expenses,
childcare expenses and loss of income.

j.

Directing the DSWD or any appropriate agency to provide what the


petitioner may need.

k. Provision of such other forms of relief as the court deems necessary


to protect and provide for the safety of the petitioner and any
designated family or household member, provided petitioner and any
designated family or household member consents to such relief.
Any of the reliefs provided above shall be granted even in the
absence of a decree of legal separation or annulment or declaration
of absolute nullity of marriage.

WHAT COURT HAS JURISDICTION OVER RA 9262 CASES?

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.

HOW SHOULD THE BARANGAY OFFICIALS PROCEED TO MANAGE A


REPORTED VAWC CASE?

a. Upon being informed of an act of VAWC, the barangay official shall


verify the information and respond immediately to a request for
assistance or protection of the victim-survivor by entering the
dwelling whether or not a protection order has been issued and
ensure the safety of the victim-survivors. If necessary, said official shall
seek the assistance of the police.
b. Arrest the perpetrator even without a warrant when any of the acts of
violence is occurring, or when said barangay official has 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.
The barangay official shall confiscate any deadly weapon in the
possession of the perpetrator or within plain view.
c. Transport or escort the victim-survivor to the nearest hospital, or
available medical facility for treatment and medico-legal examination.
Said official shall assist the victim-survivors to secure the medico-legal
report;

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d. If the perpetrator is not immediately arrested, advise him or her to


temporarily leave the house to prevent violence, or encourage
her/him to go to the barangay center, DSWD, LGU or NGO, church or
other groups that provide counseling for perpetrators.

VAWC: Procedures Undertaken by Barangay Officials in Handling VAWC Cases

PROCEDURES UNDERTAKEN BY BARANGAY


OFFICIALS IN HANDLING VAWC CASES

VAWC: Procedures Undertaken by Barangay Officials in Handling VAWC Cases


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e. In the event that the victim-survivors have to be placed in a shelter or


a safe place of their choice, the barangay official shall assist them in
taking their personal belongings and taking their children and transfer
them to a shelter or safe place.
f. Report the incident and refer the victim-survivor to the Local Social
Welfare and Development Office of the LGU within four (4) hours
from the time of reporting. Said official shall also report the incident
to the Women and Children Protection Desk at the nearest Police
Station within the same period.
g. Assist the victim to accomplish the application for BPO with the
important details recorded as the date and place the violence was
committed.
h. Interview the victim-survivors and the witnesses to determine the
facts, and inform the victim-survivors of their rights and remedies. To
preserve the testimony of the victim-survivor and the witnesses, said
official should document the interview in writing or record the
testimonies by audio or videotape with the consent of the victimsurvivor.
i.

In cases where the victim-survivor applying for a BPO is a minor, any


barangay official shall assist the victim-survivor and shall refer her/him
to NGOs, social workers for counseling, temporary shelter and other
support services.

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.

k. Monitor compliance of the respondent with the BPO.

Ensure the safety and continued support to the victim-survivor and


her family during the 15-day period.

m. Assist the victim-survivors in filing the appropriate complaint with the


PNP Women and Childrens Protection Desk or other law
enforcement agencies.
n. Ensure that all pertinent documents of the said cases are forwarded
to the PNP Women and Childrens Desk.
o. Have a separate logbook for complaints and cases of VAWC and
keep this confidential, always ensuring the privacy of the victims.
p. Shall not attempt to influence the victim-survivor to abandon her
claims.
q. If the relief requested or applied for involves the failure to provide
support to the woman or her children, especially for their education
and medical needs, the Punong Barangay or in his/her absence, any
Kagawad, shall call the respondent for counseling and explain to him
his legal obligations to support his wife and/or minor children. This
shall not be construed to mean as a mode of conciliation or
mediation and must be done only with the presence of the
respondent, without the victim-survivor or applicant.
r. Or assist the -survivor in the application for a TPO/PPO with the
Court. If there is violation of the BPO, assist the victim-survivor to file
charges with the Court.

VAWC: Procedures Undertaken by Barangay Officials in Handling VAWC Cases

l.

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WHAT IS A BARANGAY PROTECTION ORDER (BPO)?

CAN BARANGAY OFFICIALS ARREST THE PERPETRATORS WITHOUT A


WARRANT?

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.

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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.

CAN BARANGAY OFFICIALS, POLICE, SOCIAL WORKERS OR PRIVATE


INDIVIDUALS BE SUED FOR TRESSPASSING IF THEY ENTER THE HOUSE OF THE
VICTIM?

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.

WHAT HAPPENS IF THE BARANGAY OFFICIALS FAIL TO REPORT THE


INCIDENCE OF VAWC TO THE PNP?

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.

IS THERE A FILING FEE?

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.

No. Section 33 provides that the following is a prohibited act:

WHAT HAPPENS IF THE PROTECTION ORDER IS VIOLATED?

Violation of a BPO shall be punishable by imprisonment of thirty (30) days


without prejudice to any other criminal or civil action that the offended party
may file for any of the acts committed.
A judgment of violation of a BPO may be appealed according to the Rules of
Court. During trial and upon judgment, the trial court may motu proprio
issue a protection order as it deems necessary without need of an
application.
Violation of any provision of a TPO or PPO issued under this Act shall
constitute contempt of court punishable under Rule 71 of the Rules of Court,
without prejudice to any other criminal or civil action that the offended party

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A Punong Barangay, Barangay Kagawad or the court hearing an


application for a protection order must not order, direct, force or in any
way unduly influence the applicant for a protection order to compromise
or abandon any of the reliefs sought in the application for protection
under RA 9262.

VAWC

ARE COMPLAINTS FOR VIOLATIONS OF RA 9262 COVERED BY THE


BARANGAY JUSTICE SYSTEM, OR BY MEDIATION AND CONCILIATION?

may file for any of the acts committed.

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VAWC

WHAT ARE SOME OF THE IMPORTANT GUIDELINES IN THE ISSUANCE OF


BPOs?

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.

IS THERE A LIABILITY FOR PEOPLE WHO INTERVENE IN VAWC CASES?

No. In every case of violence against women and their children as herein
defined, any person, private individual or police authority or barangay official

who, acting in accordance with law, responds or intervenes without using


violence or restraint greater than necessary to ensure the safety of the victim,
shall not be liable for any criminal, civil or administrative liability resulting
therefrom. (R.A. 9262)

WHAT ARE THE DUTIES AND FUNCTIONS OF BARANGAY OFFICIALS TO


ELIMINATE VIOLENCE AGAINST WOMEN AND CHILDREN?

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.

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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

WHAT HAPPENS WHEN THE CONFIDENTIALITY OF THE VAWC CASE IS


VIOLATED?

VAWC
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d. Prioritize livelihood projects for victim-survivors.


e. Involve women in planning and implementation of all programs and
projects in the barangay.
f. Have an anti-VAWC desk officer in the barangay who shall coordinate
a one-stop help desk. As much as possible, this help desk shall be
open for 24 hours.
g. Ensure that all barangay officials, barangay health workers, barangay
nutrition scholars, other barangay workers and tanod or barangay
security officers undergo gender sensitivity seminars to enable them
to respond to victims of violence.
h. Develop a system to document and report cases of VAWC and
assistance program to victims thereof.
i. If applicable/necessary, prescribe additional guidelines and standards
provided that these are consistent with R.A. 9262.

WHAT IS THE PROCEDURE IN APPLYING FOR A BARANGAY PROTECTION


ORDER?

The procedure under the Implementing Rules and Regulations of RA 9262 is


as follows:

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.

VAWC: Application & Issuance of BPO

IMPORTANT PROCEDURES IN THE


APPLICATION AND ISSUANCE OF BPO
AND OTHER GUIDELINES

VAWC: Application & Issuance of BPO


23

any non-lawyer advocate in the proceedings before the Punong


Barangay. 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.
c. The BPOs shall be effective for fifteen (15) days. Immediately after the
issuance of an ex parte BPO, the Punong Barangay or Barangay
Kagawad shall personally serve a copy of the same to the respondent,
or direct any barangay official to effect its personal service. The BPO
is deemed served upon receipt thereof by the respondent or by any
adult who received the BPO at the address of the respondent. In case
the respondent or any adult at the residence of the respondent
refuses, for whatever cause to receive the BPO, it shall likewise be
deemed served by leaving a copy of the BPO at the said address in
the presence of at least two (2) witnesses.
The barangay official serving the BPO must issue a certification setting
forth the manner, place and date of service, including the reasons
why the same remain unserved.
d. The BPO shall be issued free of charge. Within twenty four (24) hours
after a BPO is issued, the Punong Barangay, or in her/his absence or
inability, any available Barangay Kagawad shall assist the victimsurvivor/ petitioner in filing for an application for a TPO or PPO with
the nearest court in the place of residence of the victim-survivor. If
there is no Family Court or Regional Trial Court, the application may
be filed in the Municipal Trial Court, the Municipal Circuit Trial Court
or the Metropolitan Trial Court. For indigent petitioner, the barangay
shall ensure that transportation and other expenses are provided for
in filing for an application for a protection order with the courts.

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.

WHERE MAY ONE APPLY FOR A BPO?

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

g. The issuance of a BPO or the pendency of an application for a BPO


shall not preclude the victim-survivor/petitioner from applying for, or
the court from granting, a TPO or PPO. However, where a Temporary
Protection has already been granted by any court, the barangay
official may no longer issue a BPO.

VAWC: Application & Issuance of BPO

The Punong Barangay or Kagawad, or the Barangay Secretary, shall


record all BPOs in a logbook specifically for cases of VAWC. This
logbook is confidential and must be kept from the public especially
the media. They shall submit a quarterly report of all BPOs issued to
the local office of the Department of the Interior and Local
Government (DILG). The DILG shall submit a summary report of the
BPOs issued to the Secretariat of the Inter- Agency Council on
Violence Against Women and Their Children (IAC-VAWC). The BPO
and the Compliance Monitoring Forms are herein appended.

VAWC: Application & Issuance of BPO


25

respondent.

WHAT HAPPENS AFTER ISSUANCE OF BPO?

a. The Punong Barangay or Barangay Kagawad must personally serve a


copy of the same on the respondent, or direct any barangay official
to effect its personal service.
b. The parties may be accompanied by a non-lawyer advocate in any
proceeding before the Punong Barangay.

THE BPO IS LIMITED ONLY TO WHAT RELIEFS OR REMEDIES?

a. Prohibition of the respondent from threatening to commit or


committing, personally or through another, any of the acts mentioned
in Section 5 of this Act
b. Prohibition of the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the petitioner, directly or
indirectly.
IF THE BARANGAY ISSUED A BPO, WILL THIS PREVENT THE WOMAN-VICTIM
OR HER CHILDREN FROM GOING TO COURT AND ASKING FOR A TPO OR A
PPO?

NO. The issuance of a Barangay Protection Order or the pendency of an


application for BPO does not prevent a petitioner from applying for, or the
court from granting a TPO or PPO

WHAT SHOULD THE COPY OF THE PROTECTION ORDER CONTAIN?

Section 17 of RA 9262 provides that the following statement must be printed


in boldfaced type or in capital letters on the protection order issued by the
Punong Barangay or Court: VIOLATION OF THIS ORDER IS PUNISHABLE
BY LAW.

Section 18 provides that failure to act on an application for a protection


order within the prescribed period without justifiable cause will render the
official or judge administratively liable.

WHAT IF THE BARANGAY COUNCIL IS BUSY WITH OTHER MATTERS?

Application for a protection order must have priority:

WHAT IF AFTER THE ISSUANCE OF THE BPO THE WOMANS INTIMATE


PARTNER VIOLATES IT BY INFLICTING HARM OR THREATENING THE WOMAN
AND/OR HER CHILD?

Violation of a BPO is punishable by imprisonment of thirty (30) days without


prejudice to any other criminal or civil action that the offended party may file
for any of the acts committed.

a. A complaint for a violation of a BPO issued under this Act must 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.
b. A judgment of violation of a BPO may be appealed according to the
Rules of Court. During trial and upon judgment, the trial court may on

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.

VAWC: Application & Issuance of BPO

WHAT WILL HAPPEN IF THE BARANGAY OR THE COURT FAILS TO OBSERVE


THE PERIODS MENTIONED IN RA 9262?

VAWC: Application & Issuance of BPO

its own issue a protection order as it deems necessary without need


of an application.
WHAT ARE THE CONSEQUENCES IF BARANGAY OR POLICE OFFICIALS
REFUSE TO ACT ON A COMPLAINT FILED BY AN ABUSED WOMAN OR HER
CHILDREN?

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

CAN THE BARANGAY OFFICIALS MEDIATE OR CONCILIATE?

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

WHEN A HUSBAND REFUSES TO LEAVE THE HOUSE AFTER COMMITTING


VIOLENCE AGAINST HIS WIFE OR CHILD, WHAT COULD BE ANOTHER
OPTION FOR/AGAINST THE HUSBAND?

The Court can issue PPO if the TPO is violated.

IS A MEDICAL CERTIFICATE REQUIRED IN THE ISSUANCE OF BARANGAY


PROTECTION ORDER?

No. Application for Barangay Protection Order Form (VAWC Form 3) does
not specifically require a medical certificate. The information supplied by the

CAN VAWC CASES STILL BE SUBMITTED TO THE LUPONG TAGAPAMAYAPA?

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)

UNDER RA 9262, CAN A CHILD/CHILDREN APPLY FOR FINANCIAL


SUPPORT?

WHAT ARE THE SANCTIONS AGAINST AN OFFENDER WHO VIOLATES


THEBARANGAY PROTECTION ORDER (BPO)?

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.

VAWC: Application & Issuance of BPO

complainant in the application for BPO to the Punong Barangay or any


barangay kagawad shall be the basis in the determination of ex-parte
issuance of BPO.

VAWC: Application & Issuance of BPO


29

WHAT IS THE PRESCRIPTIVE PERIOD FOR A COMPLAINANT TO FILE A


COMPLAINT?

For punishable acts such as causing, threatening, attempting to cause the


woman or her child physical harm; placing the woman or her child in fear of
physical harm; attempting to compel the woman or her child to engage in
conduct which they have the right to desist and inflicting or threatening to
inflict physical harm on oneself to control her actions or decisions, the
criminal complaint may be filed within twenty (20) years from the occurrence
or commission.
Punishable acts such as causing or attempting the woman or her child to
engage in any sexual activity; engaging in purposeful, knowing, or reckless
conduct, personally or through another causes substantial emotional or
psychological distress to the woman or her child, the criminal complaint may
be filed within ten (10) years.

CAN BARANGAY OFFICIALS REQUEST FOR POLICE ASSISTANCE IN


SERVING THE BPO?

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.

WHAT ACTION SHALL THE BARANGAY OFFICIALS DO WHEN AN OFFENDER


REFUSES TO RECEIVE THE BPO?

In case the respondent or any adult at the residence of the respondent


refuses for whatever cause, to receive the BPO, it shall likewise be deemed
served by leaving a copy of the BPO at the said address in the presence of at
least two (2) witnesses. The barangay official serving the BPO must issue a
certification setting forth the manner, place and the date it was served.

WHO MAY FILE FOR VIOLATION OF BPO?

WHERE CAN YOU FILE A COMPLAINT FOR A VIOLATION OF A BPO?

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.

CAN BARANGAY OFFICIALS HANDLE CASES OF OFFENDERS WHO HAPPEN


TO BE THEIR FRIENDS OR PALS?

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.

VAWC: Application & Issuance of BPO

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

CAN BARANGAY OFFICIALS ARREST THE PERPETRATOR WITH OUT A


WARRANT?

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.

VAWC: Application & Issuance of BPO


31

CAN BARANGAY OFFICIALS ARREST THE PERPETRATOR WITH OUT A


WARRANT?

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.

HOW MANY DAYS ARE GIVEN TO THE PUNONG BARANGAY OR


KAGAWAD IN THE ISSUANCE OF BPO?

The Punong Barangay or Kagawad must act on the application for BPO
immediately/ASAP.

HOW TO HANDLE VAWC CASES

HOW TO ISSUE AND ENFORCE A BARANGAY PROTECTION ORDER

PART I-B

THE LAW ON

CHILD ABUSE
(Republic Act No. 9262)

Overview on

CHILD ABUSE

CHILD ABUSE is the physical, sexual or emotional maltreatment or neglect of a


child or children. And they may occur in homes, schools, playgrounds and
almost practically every place a child may play.
Neglect, Physical Abuse, Psychological and Emotional Abuse and Sexual Abuse
are the major categories of Child Abuse. Examples are discussed throughout
this tool.
Although all categories are almost equal in degree, sexual abuse is the most
detrimental. A UNICEF article explains that, Sexual abuse has long been
recognized as a major form of abuse in the Philippines, Ani Saguisag, Child
Protection Specialist at UNICEF Philippines, says.
The changes in the law have been a catalyst in raising awareness that abuse is
not acceptable, that children have rights and that you can be punished for
abusing them.
In the past, there was a reluctance to report cases of sexual abuse because of
the shame that this could bring on the family. In most of the cases the
perpetrator is someone known to the family or even part of the family, Ani
explains. It could be a father, brother or uncle. In some cases theres a fear
that if you report these cases, youll lose the family breadwinner. Thankfully,
attitudes are now changing and there has recently been an increase in the
number of cases being reported, which is encouraging.

38

CHILD ABUSE: Prevalence of Child


39
Abuse

PREVALENCE OF CHILD ABUSE


As seen in Box 1, there is a general decrease in the number of
reported cases of child abuse, from 1998-2007, from 8,716 to
7,228 respectively. Now this may be due to many factors, but
the increase in awareness among the public and increase in
vigilance among the authorities may play a role.
The trend is also true among the 3 main categories of Child
abuse.
There was a decrease in reported cases of
Abandonment, Sexual Abuse, Physical Abuse and Emotional
Abuse, except Neglect which seems to have increased. There is
a curve noticeable from 1998-2007.
Other categories like child labor, Illegal recruitment, child
trafficking, and victims of armed conflict seem to have increased.
Those that are included in these categories are part of the new
trend of child abuse. With these statistics, we cannot rest, there
are child abuses out there, and we need to end it.

PHYSICAL ABUSE OF A CHILD


Defined as nonaccidental trauma or
physical injury caused by punching,
beating, kicking, biting, burning or
otherwise harming a child, physical
abuse is the most visible form of
child maltreatment. Many times,
physical
abuse
results
from
inappropriate or excessive physical
discipline

BOX 1. NUMBER OF REPORTED CASES OF CHILD ABUSE SERVED BY


THE DSWD BY TYPE OF ABUSE: 1998-2007

There are Laws which have been passed by Congress to


combat the ever growing cases of Child abuse. The
most notable are:

ANTI-VIOLENCE AGAINST
WOMEN AND THEIR

CHILDREN ACT OF 2004


(R.A. NO. 9262)

40

SPECIAL PROTECTION
OF CHILDREN AGAINST
CHILD ABUSE,
EXPLOITATION AND
DISCRIMINATION ACT
OF 1992 (R.A. NO.
7610)

CHILD ABUSE: Laws to Combat Child Abuse

LAWS TO COMBAT CHILD ABUSE

CHILD ABUSE: Steps in Reporting Child


41
Abuse

STEPS IN REPORTING CHILD ABUSE


WHERE CAN YOU REPORT THE CASE?
Department of Social Welfare & Development
or to the Child Health and Intervention and
Protective Service (CHIPS)
Tel. No. 734-4216
Anti-Child Abuse, Discrimination, Exploitation
Division (ACADED), National Bureau of
Investigation
Tel. Nos. 525-6028/525-8231 local 403 & 444
Commission on Human Rights Child Rights
Center
Tel. No. 927-4033 (Mon-Fri during office hours)
Philippine National Police Operation Center
Tel. Nos. 712-8613/722-0540 & 724 8749
or nearest police station
DOJ Task Force on Child Protection,
Tel. Nos. 523-8481 to 89, loc. 378 or contact the
nearest Provincial, City or Regional Prosecutor
Or at your very own Local Barangay Council for
the Protection of Children

In the Special Protection of Children Against Child Abuse, Exploitation and


Discrimination Act of 1992 the following are entitled to file a complaint:
A.
B.
C.
D.
E.

CAN THEN PERSONS NAMED IN THE LAW BE


CHARGED CRIMINALLY IF THEY DO NOT REPORT
A CHILD ABUSE CASE? YES!
MANDATORY
REPORTING
Those who work in
hospitals should make a
report within 48 hours
from knowledge of the
abuse.

DUTY OF THE GOVERNMENT


WORKERS TO REPORT

FAILURE TO REPORT

Every government official shall


report the incident to any of the
agencies mentioned.

Failure to report shall be


punishable with a fine of
not more than two
thousand pesos
(P2,000.00)

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 ABUSE: Steps in Reporting Child Abuse

WHO MAY FILE A COMPLAINT?

CHILD PROSTITUTION
AND SEXUAL ABUSE

Children, whether male or female,


who are paid or forced or influenced
by any adult, syndicate or group, for
sex and similar acts, are deemed to
be children exploited in prostitution
and other sexual abuse.

CHILD TRAFFICKING

Any person who shall engage in


trading and dealing with children, as
if selling like cattle or goods for
money,
or
for
any
other
consideration, or barter.

OBSCENE
PUBLICATIONS
INDECENT SHOWS

Any person who shall hire, employ,


use, persuade, induce or coerce a
child to perform in obscene
exhibitions and indecent shows.

43

CHILD ABUSE: Prohibited Acts

WHAT ACTS ARE PUNISHABLE UNDER THIS LAW?

According to both laws:


o A minor is a person below 18 years of age, or
o Those person who are 18 years old and above but without the
intellectual, emotional and physical capacity to decide for himself
(i.e. persons with intellectual disability).

WHO ARE LIABLE FOR CHILD PROSTITUTION UNDER


THE LAW?

(1) Acting as a procurer of a child prostitute;


(2) Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as
prostitute;
(4) Threatening or using violence towards a child to engage him as a
prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to
a child with intent to engage such child in prostitution.
(6) Those who commit the act of sexual intercourse of lascivious
conduct with a child exploited in prostitution or subject to other
sexual abuse;
(7) Those who derive profit or advantage therefrom, whether as
manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which

44

Those who engage in or promote, facilitate or induce child prostitution


which include, but are not limited to, the following:

CHILD ABUSE: Child Prostitution

WHO IS CONSIDERED A CHILD?

CHILD ABUSE: Child Prostitution


45

engages in prostitution in addition to the activity for which the


license has been issued to said establishment.

IS A MERE ATTEMPT TO
PROSTITUTION PUNISHABLE?

COMMIT

CHILD

Yes. There is an attempt to commit child prostitution when any person


who, not being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel, pension
house, apartelle or other similar establishments, vessel, vehicle or any
other hidden or secluded area under circumstances which would lead
a reasonable person to believe that the child is about to be exploited
in prostitution and other sexual abuse.

HOW ABOUT A MERE ATTEMPT TO COMMIT CHILD


TRAFFICKING?
Yes. There is an attempt to commit child trafficking when:
a. a child travels alone to a foreign country without valid reason
therefor and without clearance issued by the Department of Social
Welfare and Development or written permit or justification from
the child's parents or legal guardian;
b. a person, agency, establishment or child-caring institution recruits
women or couples to bear children for the purpose of child
trafficking; or
c. When a doctor, hospital or clinic official or employee, nurse,
midwife, local civil registrar or any other person simulates birth for
the purpose of child trafficking; or
d. a person engages in the act of finding children among low income

WHAT ARE OTHER ACTS OF CHILD ABUSE AS


DEFINED UNDER THE LAW?
These are other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of Presidential
Decree No. 603, as amended, but not covered by the Revised
Penal Code.

CHILD ABUSE: Child Prostitution

families, hospitals, clinics, nurseries, day-care centers, or other


child-during institutions who can be offered for the purpose of
child trafficking.

46

IS THE MERE ACT OF KEEPING A MINOR IN HIS


COMPANY PUNISHABLE UNDER THE LAW?
Any person who shall keep or have in his company a minor, twelve
(12) years or under or who in ten (10) years or more his junior in
any public or private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor, beach and/or
other tourist resort or similar places is punishable. This also
includes those who induce, deliver or offer a minor to any one
prohibited by the law to keep or have in his company a minor.

ARE ESTABLISHMENTS THAT PROMOTE CHILD


ABUSE LIABLE UNDER THE LAW?
Yes. All establishments and enterprises which promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene publications
and indecent shows, and other acts of abuse shall be immediately closed

CHILD ABUSE: Child Prostitution

and their authority or license to operate cancelled, without prejudice to the


owner or manager thereof being prosecuted under the law and/or the
Revised Penal Code, as amended, or special laws. A sign with the words "off
limits" shall be conspicuously displayed outside the establishments or
enterprises by the Department of Social
Welfare and Development for such period which shall not be less than
one (1) year, as the Department may determine. The unauthorized
removal of such sign shall be punishable.

MAY CHILDREN BE EMPLOYED?

47

As a general rule, children below 15 years of age may not be


employed, except:
(1) When a child works directly under the sole responsibility of his
parents or legal guardian and where only members of the
employer's family are employed: Provided, however, That his
employment neither endangers his life, safety and health and
morals, nor impairs his normal development: Provided, further,
That the parent or legal guardian shall provide the said minor child
with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public &
entertainment or information through cinema, theater, radio or
television is essential: Provided, The employment contract
concluded by the child's parent or guardian, with the express
agreement of the child concerned, if possible, and the approval of
the Department of Labor and Employment: Provided, That the
following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and
morals of the child; (b) the employer shall institute measures to
prevent the child's exploitation or discrimination taking into
account the system and level of remuneration, and the duration

In the above exceptional cases where any such child may be


employed, the employer shall first secure, before engaging such child,
a work permit from the Department of Labor and Employment which
shall ensure observance of the above requirement.

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.

WHAT IS A PROTECTION ORDER?


It is an order prescribed in the Anti-VAWC Act to prevent further
abuse of or violence against a woman and her child. It also provides
them relief from said abuse or violence.

48

WHAT ARE THE LEGAL REMEDIES OF WOMEN AND


CHILDREN WHO ARE BEING SUBJECTED TO ABUSE?

CHILD ABUSE: Child Prostitution

and arrangement of working time; and (c) The employer shall


formulate and implement, subject to the approval and supervision
of competent authorities, a continuing program for training and
skill acquisition of the child.

CHILD ABUSE: Child Prostitution

EMOTIONAL ABUSE OF A CHILD


Is just one form of abuse that people can experience in a relationship, though
emotional abuse doesn't leave physical scars, it can have a huge impact on
your confidence and self-esteem. There are a couple of different types of
emotional abuse and it might not be noticeable at first.

IS DISCIPLINE ADMINISTERED BY A PARENT OR LEGAL


49

GUARDIAN ON A CHILD CONSIDERED CRUELTY?


No, if it was reasonably administered and moderate in degree and does not
lead or cause to physical or psychological injury.

SEXUAL ABUSE

Sexual abuse of a child are also referred to as molestation, is forcing undesired


sexual behavior by one person upon another.

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.

VIOLATIONS OF R.A. 7610:


When victim is under 12 years and for purposes of this act, the penalties for
Murder, Homicide, other intentional mutilation, Serious Physical Injuries is
Reclusion Perpetua (20 years and 1 day to 40 years). For Qualified Seduction,
acts of lasciviousness with consent, corruption of minors, white slave trade , is
one degree higher than that imposed by law.
VIOLATIONS OF RA 9262:
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.

CHILD ABUSE: Period of Penalties

PERIOD OF PENALTIES (PUNISHMENTS)

50

OTHER PROHIBITED ACTS UNDER RA9262 & RA7610


PROHIBITION ON THE EMPLOYMENT OF CHILDREN IN CERTAIN
ADVERTISEMENTS:
No person shall employ child model in all commercials or advertisements
promoting alcoholic beverages, intoxicating drinks, tobacco, and its
byproducts, and violence.
DISCRIMINATION:
Children of indigenous cultural communities shall not be subjected to any and
all forms of discrimination.

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

THE ANTI-RAPE LAW

Rape is governed by Article 335 of the Revised Penal Code (RPC), which was

commenced in court by the filing of an information by the public prosecutor,


and no longer by a mere complaint filed by the offended party, her parents,
godparents or guardian.

IS RAPE A PUBLIC OFFENSE?

HOW IS RAPE COMMITTED?


Rape is committed under the following circumstances:
1. When a man has sexual intercourse with a woman:
a. through force, threat or intimidation;
b. when the victim is deprived of reason or is unconscious;
c. through fraudulent machination or grave abuse of authority;

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.

d. when the victim is under 12 years of age or is demented, even if


none of the above conditions are present (statutory rape).

THE ANTI-RAPE LAW

2. When any person (a man or a woman) who, under any of the above

conditions, commits an act of sexual assault through oral or anal sex or


by inserting an instrument or object into the anal or genital orifice of
another person.

WHO CAN BE A RAPE VICTIM?


Anyone (a man or a woman) can be a rape victim but the incidence is
more rampant in women and girls here in the Philippines.

55

WHAT IS RAPE BY SEXUAL INTERCOURSE?


There is a contact of the male penis with the womans vagina. (Art.266--A,
Par.1, RPC)

WHAT IS RAPE BY SEXUAL ASSAULT?


It is committed by inserting a mans penis into another persons mouth or
anal orifice; or by inserting any instrument or object into the genital or anal
orifice of another person. (Art.266--A, Par.2, RPC)

WHAT IS MARITAL RAPE?

HOW RAPE IS COMMITTED WHEN THE OFFENDED PARTY


IS A MAN?
It is committed by inserting a mans penis into his mouth or anal orifice; or by
inserting any instrument or object into his anal orifice.

THE ANTI-RAPE LAW

This is either a rape by sexual intercourse or by sexual assault and the legal
husband is the offender.

WHO CAN COMMIT RAPE?

DOES THE ANTI-RAPE LAW RECOGNIZE MARITAL RAPE


AS A CRIME?
Yes, marital rape is recognized. However, the new law provides that, the
subsequent forgiveness by the wife as the offended party, in case it is the
husband who is the offender, shall extinguish the criminal action or the penalty.

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

THE ANTI-RAPE LAW

WHAT HAPPENS IF THE RAPE VICTIM MARRIES THE


OFFENDER?
The new law also provides that the subsequent valid marriage between the
offender and the offended party shall extinguish the criminal action or the
penalty imposed. However, this does not apply if the marriage is void ab initio
or from the beginning.

IS THE CHARACTER OF THE OFFENDED WOMAN


MATERIAL IN RAPE?
No. The fact that the offended party may have been of an unchaste character
constitutes no defense in a charge of rape, provided that the illicit relations
were committed with force and violence, intimidation, or threat.

IS THERE A PROVISION IN THE LAW WHICH STIPULATES


THAT THE OFFICERS ATTENDING TO THE RAPE CASE BE
A FEMALE?
Yes. RA No. 8505 also known as the Rape Victim Assistance and Protection Act
of 1998, provides that a women's desk must be established in every police
precinct throughout the country to provide a police woman to conduct
investigation of complaints of women rape victims. In the same manner, the
preliminary investigation proper or inquest of women rape victims must be
assigned to female prosecutor or prosecutors after the police shall have
endorsed all the pertinent papers to the same office. The judge, however, may
or may not be female, but the case will be assigned to Family Courts where the
judges are trained on gender-based violence.

HOW IS THE CRIME OF RAPE PUNISHED?


The penalty varies depending on the act itself and the circumstances
surrounding it.

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.

DOES THE LUPONG BARANGAY HAVE JURISDICTION TO


RECONCILE RAPE CASES BROUGHT BEFORE IT?
No. As a general rule, all disputes are subject to Barangay conciliation before a
complaint may be filed in court or any government office. However, under the

58

MAY THE CRIME OF RAPE BE PUNISHED BY DEATH


PENALTY?

THE ANTI-RAPE LAW

Reclusion perpetua imprisonment from 20 years and 1 day to 40 years


is imposed on the offender if rape is committed through sexual
intercourse, also known as traditional rape.
Prision mayor imprisonment from 6 years and 1 day to 12 years is
imposed on the offender if rape was committed through oral or anal
sex or through the use of any object or instrument that was inserted
into the mouth or anal orifice of the woman or a man, also known as
object rape this may also be elevated to reclusion temporal
(imprisonment from 12 years and 1 day to 20 years) or reclusion
perpetua depending on the circumstances surrounding the crime.

59

THE ANTI-RAPE LAW

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.

IF ONE WOULD LIKE TO FILE A CASE OF RAPE, WHAT ARE


THE STEPS INVOLVED AND WHAT PROCESSES WOULD
THE VICTIM HAVE TO GO THROUGH?
A survivor of rape can go to the police who will then give him/her a referral
form to go to the medico-legal for an examination. Ideally, the victim would
get the examination within 24 hours and is usually advised not take a bath
between the time of the rape and of the filing of a complaint because it may
destroy evidence. The medico-legal will take a swab of the mouth and the
genital area of the victim and will check for injuries and bruises, and may also
examine the fingernails to see if there are skin sediments of the perpetrator
under the fingernails in case the victim scratched the perpetrator.
The victim is also advised to bring the soiled clothes and other garments worn
from the rape incident in order to be admitted as evidence. After that, the
police will take a sworn statement from the complainant which will be filed with
the Prosecutors Office. A preliminary investigation will be conducted to
establish probable cause. If probable cause is established, a warrant of arrest
will be issued by the court and a trial will ensue. After the preliminary
investigation, an information shall be filed if there is a finding of probable
cause by the prosecutor. Then the Judge will conduct preliminary examination
and determine if there is a probable cause to issue a warrant of arrest to be
served upon the accused.

1.

2.

4.

Assist her in securing a safe


and temporary shelter if she
needs to move to another
place for security reasons. She
can be referred to a crisis
center or any government
agency that offers temporary
shelter.
Make sure that evidence is
safe and intact. This would
help in case the victim
decides to file a case.
Secure
a
medico-legal
certificate from a medico
legal officer. Absence of
bodily injuries does not mean
that rape did not occur or
that the case may not be
pursued anymore.

6.

7.

Support the victim along the


way when she decides to file a
case.

Ensure that she is prepared in


all
aspects.
Make
her
understand the overall picture
of the case. Inform her that it is
possible that doctors, police
lawyers and judges would not
be sensitive to her situation and
experience.

8.

Help the victim choose the


lawyer who understands her
most.

9.

Coordinate with people who


can assist or support her all
throughout.

60

3.

Advise the victim to seek the


help of a counsel or a
therapist who is an expert in
handling cases of sexual
abuse.

THE ANTI-RAPE LAW: How To Help A Rape Victim

HOW TO HELP A RAPE VICTIM?

THE ANTI-RAPE LAW: Procedure in Rape Cases

PROCEDURE
PREPARING FOR A CASE

If you are the COMPLAINANT, consult a lawyer


to prepare the affidavit-complaint.

An INDIGENT person is one whose


(1)

If you are the RESPONDENT, consult a lawyer


to prepare a counter-affidavit.
If you are an INDIGENT, get assistance from
the Public Attorneys Office (PAO), Integrated
Bar of the Philippines (IBP), or the legal aid
clinic of law schools.

(2)

Gross income and that of their


immediate family do not exceed an
amount double the monthly minimum
wage of an employee; and
do do not own a real property with a
Fair Market Value, as stated in the
current Tax Declaration, of more than
Php300,000.00. (Republic Act No.
10606)

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.

The proper court to try rape cases:


1. The Regional Trial Court (RTC) has
the exclusive and original jurisdiction
in all criminal cases not within the
exclusive and concurrent jurisdiction
of any court, tribunal or body, except
those now falling under the exclusive
and concurrent jurisdiction of the
Sandiganbayan.
2. The RTC has jurisdiction over an
offense
punishable
with
an
imprisonment of more than six (6)
years.
Payment of docket fees is upon filing of
the information in court and not during
preliminary investigation.

FILE the case with the proper court and pay the

Bail may be allowed except in cases

assessed fees as may be required. If qualified,

which involve non-bailable offenses or

file a motion as an indigent litigant so that you

when bail is not required. An accused

will be exempted from payment of fees.

may secure a bail bond from a bonding

For crimes penalized by imprisonment of six (6)


years and below, the case should be filed with
first-level courts such as Metropolitan Trial
Courts, Municipal Trial Courts in Cities, and
Municipal Circuit Trial Courts.

company accredited by the Supreme


Court and post bail with the court to
obtain his temporary release.

He can

also post cash or property bail.

For crimes

penalized by imprisonment of more than six (6)


years, the case should be filed with the Regional
Trial Court (RTC).
Once the case is filed, it will be assigned a
docket number and will be raffled (except cases
filed at single-sala courts) to the judge who will
hear the case.
If the court finds probable cause, an arrest
warrant will be issued.

If the respondent is

already detained, a commitment order will be

BAIL is the security given for the release


of a person in custody of the law,
furnished by him or a bondsman,
conditioned upon his appearance before
any court as required under the
conditions specified by the rules.

Bail is not allowed in cases punishable by


death, reclusion perpetua or life
imprisonment (i.e. rape) when the
evidence of guilt is strong.

THE ANTI-RAPE LAW: Procedure in Rape Cases

FILING OF INFORMATION

issued.

62

ARRAIGNMENT
The accused shall be arraigned within ten (10)

If the accused enters a plea of not guilty,

days from the date the case was raffled.

the case is set for a pre-trial.

During arraignment, the charges contained in


the information or complaint shall be read to
the accused in a language or dialect known to

ARRAIGNMENT is the formal mode of

him and which he understands. The accused

implementing the Constitutional right of

shall personally enter his plea of guilty or not

the accused to be informed of the nature

guilty.

and cause of the accusation against him.

A copy of the complaint or information

shall be given to the accused.


If the accused refuses to plead, a plea of not

guilty shall be entered for him by the court. If


the accused pleads guilty, judgment shall be
rendered by the court.

If the accused plead

guilty for a lesser offense included in the charge,


the court may allow such plea with the consent
of the offended party and the prosecutor.

PURPOSE OF ARRAIGNMENT:

1. To apprise the accused of the


possible loss of freedom, even of his
life, depending on the nature of the
crime imputed to him; or
2. To inform him why the prosecuting
arm of the State is mobilized against
him.

PRE-TRIAL is mandatory. The pre-trial will accomplish the following:


amicable settlement of the civil aspect of the case
simplification of the issues
limitation of the number of witnesses
identification of evidence that needs to be presented during the
trial
During Pre-Trial, the accused and private complainant may enter into a
plea-bargaining agreement, which may include admitting of guilt to a
lesser offense or to some in a multi-count charge. The court shall hear
evidence on the civil aspect of the case and thereafter judgment.

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

THE ANTI-RAPE LAW: Procedure in Rape Cases

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

the presence of the accused and his counsel.


The judgment shall be read by the Clerk of Court in the presence of the accused and his counsel.
In light offenses, the presence of the accused is not required.

If the decision is for the acquittal of the accused, it cannot be appealed.


The accused has fifteen (15) days from receipt of judgment to file a Motion for Reconsideration or
Motion for New Trial. The latter is based on newly-discovered evidence.
An accused who has been convicted of offenses punishable by not more than six years (6)
imprisonment may file a petition for probation. By filing a petition for probation, the accused

The accused may file an appeal within fifteen (15) days


from receipt of the decision or denial of his Motion for

SUPREME COURT

Reconsideration or Motion for New Trial if one has been


filed. An appeal is perfected by filing a notice of appeal
with the court which rendered the judgment.
Judgments of the
Metropolitan

Trial

first-level
Courts,

courts

such

as the

Municipal

Trial

Courts,

COURT OF APPEALS

Municipal Trial Courts in Cities, and Municipal Circuit Trial

RTC

Courts may be appealed to the Regional Trial Courts.


Judgments of the Regional Trial Court may be appealed
to the Court of Appeals.

MTCC

MTC

Judgement of the Court of Appeals may be appealed to

MeTC

MCTC

the Supreme Court as may be prescribed by the Rules of


Court.

An APPEAL is not inherent right of a convicted person as it is granted by law and


not by the Constitution. From a judgment convicting the accused, two appeals
may accordingly be taken: (1) The accused may seek a review of said judgment,
as regards both actions; or (2) The complainant may appeal with respect only to
the civil action, either because the lower court has refused or failed to award
damages, or because the award made is unsatisfactory to him.

THE ANTI-RAPE LAW: Procedure in Rape Cases

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.

THE ANTI-RAPE LAW: Rights of the Accused


65

RIGHTS OF THE ACCUSED

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.

To confront and crossexamine the witnesses


against him at the trial.
To have compulsory
process issued to secure
the attendance of
witnesses and
production of other
evidence in his behalf.
To have speedy,
impartial and public
trial.
To appeal in all cases
allowed and in the
manner prescribed
by law.

Directory
COUNSELING & REFERAL SERVICES:
Rizal Boulevard, Dumaguete City
Email: cswdodgte@yahoo.com
Tel. No.: (035) 225-9887 / 422-6126

DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD)


Capitol Area, Dumaguete City
Tel. No.: (035) 225-9760 / 225-0509 / 422-6126

CENTER FOR GENDER AND DEVELOPMENT


Negros Oriental State University, Kagawasan Ave., Dumaguete City
Tel. No.: (035) 225-9760 / 225-0509 / 422-6126

CONTACT DIRECTORY

CITY SOCIAL WELFARE AND DEVELOPMENT OFFICE (CSWDO)

GENDER WATCH AGAINST VIOLENCE AND EXPLOITATION (GWAVE)


San Jose St., Dumaguete City
Tel. No.: (035) 422-8405

LEGAL ASSISTANCE:
66

PUBLIC ATTORNEYS OFFICE


3rd Floor, Hall of Justice, E.J. Blanco Drive, Piapi, Dumaguete City
Tel. No.: (035) 225-1796 / 422-4460

CITY PROSECUTIONS OFFICE


1ST Floor, Hall of Justice, E.J. Blanco Drive, Piapi, Dumaguete City
Tel. No.: (035) 422-7272

SALONGA CENTER FOR LAW & DEVELOPMENT


Anastacia Yu Cang Uy Hall, Silliman University
Email: salongacenter@su.edu.ph
Tel. No.: 422-6002 loc 308

LAW ENFORCEMENT AGENCIES


PHILIPPINE NATIONAL POLICE (PNP)
Taclobo, Dumaguete City
Tel. No.: (035) 225-2819 / 422-8106 / 422-9702

NATIONAL BUREAU OF INVESTIGATION (NBI)


Kagawasan Ave., Dumaguete City
Tel. No.: (035) 422-1400 / 422-8106 / 225-0118

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?

Discrimination means unfair treatment of a person or group for any


reason such as being a girl or a boy, belonging to a particular race or
religion or having different abilities, and so on. When people are
discriminated against, they cannot enjoy their rights.
WHAT IS ITS THE GOAL?
CEDAW says all discrimination against girls and women must end. In some
parts of the world, girls and women are treated differently or unfairly because
of being a girl or a woman, even though they have the same rights as boys
and men. As a result of this discrimination, girls and women may not get a
proper education and health care. Women may not be able to get jobs, vote
or run for elections. Girls and women may also face various kinds of violence.

70

WHAT IS DISCRIMINATION?

CEDAW

A convention is an agreement between countries to behave a certain


way. Conventions about human rights are promises between
governments that they will treat the people who live in their countries in
a particular manner. A convention sets standards or rules that must be
followed to protect human rights. Conventions can also be called
treaties, covenants, international agreements or legal instruments.
When a country ratifies a convention, it often changes its own laws so
that the goal of the convention can be reached. Conventions put a
legal obligation on governments to do all they can to respect the rights
in it.

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

ARTICLES 17-22 OF CEDAW set up a committee of international experts called


the CEDAW Committee (or the Committee on the Elimination of Discrimination
against Women). The CEDAW Committee monitors whether governments that
ratified CEDAW are doing enough to end discrimination against girls and
women.
ARTICLES 23-30 OF CEDAW mention how the United Nations and
governments should work together to make sure the rights of all girls and
women are protected.

72

PART II-B
THE CONSTITUTIONAL PROVISIONS ON

GENDER EQUALITY &


DEVELOPMENT FOR
WOMEN

WHAT DOES ARTICLE II, SECTION 14 PROVIDE?


ARTICLE II, SECTION 14: DECLARATION OF PRINCIPLES AND STATE POLICIES.
Under the Bill of rights, it recognized the equal protection clause for women.
This provision tackles women protection and empowerment due to societal
prejudice before such as prohibiting women from engaging in certain
occupations. Specifically number 14 of section 1 of article III equal protection
and women. Thus, the state to ensure the fundamental equality of women
and men before the law and since article IV has sought the equalization of
men and women at least in the matters of citizenship. This is one of the
highlights of section 14 of article II which commands the state for the
equalization of men and women.

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.

Gender & Development for Women

GENDER EQUALITY AND DEVELOPMENT FOR WOMEN


The 1987 Constitution states two prominent provisions. First, the Declaration of
Principles Article II Section 14 which asserted that "The State recognizes the
role of women in nation-building and shall ensure the fundamental equality
before the law of women and men." Additionally, the Article XIII-Labor: Section
14 provided 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 enable
them to realize their full potential in the service of the nation".

Gender & Development for Women


75

DOES THE CONSTITUTION PROTECT OUR WOMEN WITH REGARDS TO


THE NATURE OF THEIR WORK?
Yes. It falls under ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS OF
WOMEN: While Section 14 asserts the fundamental equality between women
and men, this section implicitly acknowledges that between men and women
there are distinctions which make the real differences. Thus, the state protects
our working women by providing safe and healthful working conditions, taking
into account their material functions. These facilities and opportunities will
enhance their welfare and enable them to realize their full potential in the
service of the nation.
DOES THE STATE ENFORCE THIS CONSTITUTIONAL PROVISION TO
PROTECT AND DEVELOP OUR WOMEN?
Yes. This State Policy is affirmed in the Presidents Social Contract with the
Filipino People as pursued through Executive Order No. 43 s. 2011, which
includes Gender Equality in its sixteen-point agenda and commits to transform
the government from a lack of concern for gender disparities and shortfalls, to
the promotion of equal gender opportunity in all spheres of public policies and
programs.1"
Recognizing that the use of gender-fair language is the first benchmark of
gender-sensitivity, the Civil Service Commission (CSC) issued Memorandum
Circular No. 12, series of 2005, attached herein, which encourages the use of
non-sexist language in all official documents, communications and issuances.
Republic Act 9710, otherwise known as the Magna Carta of Women,
reinforces the use of gender-sensitive language at all times.

PART II-C

THE MAGNA CARTA

OF WOMEN

MAGNA CARTA OF WOMEN


80

WHAT IS REPUBLIC ACT NO. 9710 OR MAGNA CARTA 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?

The Magna Carta of Women defines discrimination against women as:


any gender-based distinction, exclusion, or restriction which has the
effect or purpose of impairing or nullifying the recognition, enjoyment,
or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other
field;
any act or omission, including by law, policy, administrative measure, or
practice, that directly or indirectly excludes or restricts women in the
recognition and promotion of their rights and their access to and
enjoyment of opportunities, benefits, or privileges;
a measure or practice of general application that fails to provide for
mechanisms to offset or address sex or gender-based disadvantages or
limitations of women, as a result of which women are denied or
restricted in the recognition and protection of their rights and in their
access to and enjoyment of opportunities, benefits, or privileges; or
women, more than men are shown to have suffered the greater
adverse effects of those measures or practices; and
Discrimination compounded by or intersecting with other grounds,
status, or condition, such as ethnicity, age, poverty, or religion.

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:

MAGNA CARTA OF WOMEN

WHAT ARE THE RIGHTS OF WOMEN GUARANTEED UNDER THE MAGNA CARTA
OF WOMEN?

1. PROTECTION FROM ALL FORMS OF VIOLENCE

2. PROTECTION AND SECURITY IN CRITICAL SITUATIONS

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


situations, especially in all phases of relief, recovery, rehabilitation and
construction efforts, including protection from sexual exploitation and
other sexual and gender-based violence.

3. PARTICIPATION AND PRESENTATION

Including undertaking temporary special measures and affirmative


actions to accelerate and ensure women's equitable participation and
representation in the third level civil service, development councils and

81

Protection from all forms of violence, including those committed by the


State. This includes the incremental increase in the recruitment and
training of women in government services that cater to women victims
of gender-related offenses. It also ensures mandatory training on
human rights and gender sensitivity to all government personnel
involved in the protection and defense of women against gender-based
violence, and mandates local government units to establish a Violence
Against Women Desk in every barangay to address violence against
women cases.

MAGNA CARTA OF WOMEN


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planning bodies, as well as political parties and international bodies,


including the private sector.
4. EQUAL TREATMENT BEFORE THE LAW

Including the State's review and when necessary amendment or repeal


of existing laws that are discriminatory to women;

5. EQUAL ACCESS AND ELIMINATION OF DISCRIMINATION AGAINST


WOMEN

In education, scholarships and training, including the revision of


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

6. EQUAL PARTICIPATION IN SPORTS

This includes measures to ensure that gender-based discrimination in


competitive and non-competitive sports is removed so that women and
girls can benefit from sports development.

7. NON-DISCRIMINATION IN EMPLOYMENT IN THE FIELD OF MILITARY,


POLICE AND OTHER SIMILAR SERVICES.

This includes according the same promotional privileges and


opportunities as their men counterpart, including pay increases,
additional benefits, and awards, based on competency and quality of
performance. The dignity of women in the military, police and other
similar services shall always be respected, they shall be accorded with
the same capacity as men to act in and enter into contracts, including
marriage, as well as be entitled to leave benefits for women such as
maternity leave, as provided for in existing laws.

To raise the consciousness of the general public in recognizing the


dignity of women and the role and contribution of women in family,
community, and the society through the strategic use of mass media;

9. COMPREHENSIVE HEALTH SERVICES AND HEALTH INFORMATION AND


EDUCATION

Covering all stages of a woman's life cycle, and which addresses the
major causes of women's mortality and morbidity, including access to
among others, maternal care, responsible, ethical, legal, safe and
effective methods of family planning, and encouraging healthy lifestyle
activities to prevent diseases.

Leave benefits of two (2) months with full pay based on gross monthly
compensation, for women employees who undergo surgery caused by
gynecological disorders, provided that they have rendered continuous
aggregate employment service of at least six (6) months for the last
twelve (12) months.

11. EQUAL RIGHTS IN MARRIAGE AND FAMILY RELATIONS

The State shall ensure the same rights of women and men to: enter into
and leave marriages, freely choose a spouse, decide on the number
and spacing of their children, enjoy personal rights including the choice
of a profession, own, acquire, and administer their property, and
acquire, change, or retain their nationality. It also states that the
betrothal and marriage of a child shall have no legal effect.

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10. LEAVE BENEFITS FOR WOMEN WHO UNDERGO SURGERY

MAGNA CARTA OF WOMEN

8. NON-DISCRIMINATORY AND NON-DEROGATORY PORTRAYAL OF


WOMEN IN MEDIA AND FILM

MAGNA CARTA OF WOMEN


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CIVIL, POLITICAL AND ECONOMIC RIGHTS OF


WOMEN IN THE MARGINALIZED SECTOR
The Magna Carta of Women also guarantees the civil, political and economic
rights of women in the marginalized sectors, particularly their right to:
Food security and resources for food production, including equal rights
in the titling of the land and issuance of stewardship contracts and
patents;
Localized, accessible, secure and affordable housing;
Employment, livelihood, credit, capital and technology;
Skills training, scholarships, especially in research and development
aimed towards women friendly farm technology;
Representation and participation in policy-making or decision making
bodies in the regional, national, and international levels;
Access to information regarding policies on women, including
programs, projects and funding outlays that affect them;
Social protection;
Recognition and preservation of cultural identity and integrity provided
that these cultural systems and practices are not discriminatory to
women;
Inclusion in discussions on peace and development;
Services and interventions for women in especially difficult
circumstances or WEDC;
Protection of girl-children against all forms of discrimination in
education, health and nutrition, and skills development; and
Protection of women senior citizens.

WHAT ARE THE MARGINALIZED SECTORS?

MAGNA CARTA OF WOMEN

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?

WHO WILL BE RESPONSIBLE FOR IMPLEMENTING THE MAGNA CARTA OF


WOMEN?

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.

85

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.

MAGNA CARTA OF WOMEN

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.

refrain from discriminating against women and violating their rights


protect women against discrimination and from violation of their rights
by private corporations, entities, and individuals
promote and fulfill the rights of women in all spheres, including their
rights to substantive equality and non-discrimination

WHAT ARE THE SPECIFIC RESPONSIBILITIES OF GOVERNMENT UNDER THE


MAGNA CARTA OF WOMEN?

The Magna Carta of Women mandates all government offices, including


government-owned and controlled corporations and local government units
to adopt gender mainstreaming as a strategy for implementing the law and
attaining its objectives.

It also mandates (a) planning, budgeting, monitoring and evaluation for


gender and development, (b) the creation and/or strengthening of gender and
development focal points, and (c) the generation and maintenance of gender
statistics and sex-disaggregated databases to aid in planning, programming
and policy formulation.

WHAT ARE THE PENALTIES OF VIOLATORS?


IF COMMITTED BY A GOVERNMENT AGENCY OR ANY GOVERNMENT OFFICE,

INCLUDING GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS


AND LOCAL GOVERNMENT UNITS - The person directly responsible for the
violation, as well as the head of the agency or local chief executive shall be
held liable under the Magna Carta of 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.

MAGNA CARTA OF WOMEN

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.

MAGNA CARTA OF WOMEN

Further, in cases where violence has been proven to be perpetrated by agents


of the State, such shall be considered aggravating offenses with corresponding
penalties depending on the severity of the offenses.

IF COMMITTED BY A PRIVATE ENTITY OR INDIVIDUAL The person directly


responsible for the violation shall be liable to pay damages. Further, the
offended party can also pursue other remedies available under the law and
can invoke any of the other provisions of existing laws, especially those that
protect the rights of women.

88

HOW WILL THE IMPLEMENTATION OF THE MAGNA CARTA OF WOMEN BE


FUNDED?

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?

March 15, 2010

WHO WILL FORMULATE THE IMPLEMENTING RULES AND REGULATIONS?

The Philippine Commission on Women, in coordination with the Commission


on Human Rights and all concerned departments and agencies including, as
observers, both Houses of Congress, and with the participation of
representatives from non-government organizations and civil society groups
shall formulate the implementing rules and regulations of the Magna Carta of
Women within one hundred eighty (180) days after its effectivity.

PART II-D

THE LAW ON

FAMILY NAMES /
SURNAMES

FAMILY NAMES / SURNAMES


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WHAT IS A FAMILY NAME?


Family name is also known as surname or last name. In common, a child
whose mother and father are married bears the family name of the father.
However, a child who is born out of wedlock carries the family name of her
mother.
WHY IS FAMILY NAME IMPORTANT?
Family name helps determine identity of a child and inheritance right, and
trace family roots.
WHO CAN BEAR THE FAMILY NAME OF THE FATHER?
The following people are permitted by law to carry the names of their father:
1. Legitimate children kids born to parents who are legally married to
each other (Art. 364, Civil Code)
2. Legitimated children illegitimate children who later on become
legitimate children after undergoing some legal processes; e.g. Maria
was born while her parents are still in a relationship, but later on her
parents got married. Maria becomes a legitimated child. (Art. 364, Civil
Code)
3. Adopted children kids who assumes the right of legitimate children by
undergoing adoption process (Art. 365, Civil Code)
4. Natural children acknowledged by their father - children born before
marriage but acknowledged by their father as his own (Art. 366, Civil
Code)
5. Natural children by legal fiction children born under a voidable
marriage (Art. 367, Civil Code)
6. Children conceived before the decree annulling a voidable marriage
(Art. 369, Civil Code)

WHAT FAMILY NAME MAY A MARRIED WOMAN USE?


Art. 370, Civil Code: A married woman may use:

WHAT HAPPENS TO THE FAMILY NAME OF THE WIFE IF HER MARRIAGE


IS ANNULLED?
If she is the guilty party, she shall resume her maiden name and surname.
If she is the innocent spouse, she may resume her maiden name and surname.
However, she may choose to continue employing her former husband's
surname unless (1) the court decrees otherwise (2) She or the former husband
is married again to another person. (Art. 371, Civil Code)
WHAT IF INSTEAD OF ANNULMENT, THE HUSBAND AND WIFE WAS
GRANTED A LEGAL SEPARATION?
The wife shall continue using her name and surname employed before the
legal separation. (Art. 372, Civil Code)

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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."

FAMILY NAMES / SURNAMES

CAN AN ILLEGITIMATE CHILDREN USE THE FAMILY NAME OF THE


FATHER?
Under the Civil Code, Art. 368, illegitimate children should only use the family
name of their mother. However, under Republic Act No. 9255, illegitimate
children are now allowed to use the names of their father subject to some
requirements.

CAN A PERSON CHANGE HIS FAMILY NAME AUTOMATICALLY?


No. A person who wants to change his family name should undergo a special
proceeding in the court. (Art. 376, Civil Code)
CAN I USE ANY OTHER PERSONS FAMILY NAME?
No. Any person is prohibited to usurp a family name belonging to another. If a
person does so, he or she may be sanctioned by law. (Art. 377, Civil Code)

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FAMILY NAMES / SURNAMES

WHAT HAPPENS TO THE WIFES FAMILY NAME IF THE HUSBAND DIES?


The widowed woman shall still bear the family name of her husband. (Art. 373,
Civil Code)

WHAT CAN I DO IF MY FAMILY NAME IS UNLAWFULLY TAKEN BY


ANOTHER PERSON, PORTRAYING AS ME?
File an action for damages to the court against that person or any other
alternative action as provided by law.

CAN I USE A PEN NAME OR STAGE NAME?


Yes, as long as it is done in good faith. If you already have chosen and used a
specific pen name, it cannot be usurped by other people. (Art. 379, Civil Code)

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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WHO ARE OBLIGED TO PROVIDE SUPPORT?


Under Article 105, Family Code, the following are obliged to support each
other to the whole extent set forth in the preceding article:
1. The spouses.
2. Legitimate ascendants and descendants.
3. Parents and their legitimate children and the legitimate and illegitimate
children of the latter.
4. Parents and their illegitimate children and the legitimate and illegitimate
children of the latter.
5. Legitimate brothers and sisters, whether of full or half-blood

CAN I ASK SUPPORT FROM MY SISTER EVEN THOUGH SHE IS NOT MY


LEGITIMATE SISTER?
Yes. Under article 105 of the Family Code, Legitimate brothers and sisters,
whether of full or half-blood are obliged to give support to the whole extent.
HOW MUCH IS THE AMOUNT OF SUPPORT TO BE GRANTED?
The amount of support should be in proportion to the resources or means of
the giver and to the necessities of the recipient. (Article 201 of the Family
Code)

CAN IT SUPPORT BE REDUCED OR INCREASED?


Yes. Support can be reduced or increased proportionately, according to the
means of the person obliged to furnish it. (Article 202 of the Family Code)

SUPPPORT

reduction or increase of the necessities of the recipient and the resources or

WHEN CAN SUPPORT BE DEMANDED? WHEN SHALL PAYMENT BE


MADE?
Article 203 provides that the obligation to give support is demandable from
the time the person who has a right to receive it needs it for maintenance, but
it cannot be paid except from the date of judicial or extra-judicial demand.

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.

DOES THE PERSON OBLIGED TO GIVE SUPPORT HAVE AN OPTION AS


TO HOW HE CAN GIVE THE SUPPORT?
Yes. Article 204 provides that the person obliged to give support has the
option to fulfill the obligation either: (1) by paying the allowance fixed, or (2) by
receiving and maintaining in the family dwelling the person who has a right to
receive support.
However, the second alternative cannot be used if in case there is a moral or
legal obstacle.

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While the action is pending, you can claim for Support pendente lite.

SUPPPORT DURING MARRIAGE


99

SUPPORT DURING MARRIAGE


WHAT IS THE FOUNDING BASIS OF THE OBLIGATION TO GIVE SUPPORT
TO THE WIFE?
Under Art. 68 of the Family Code, the wife has the right to live with her
husband, be mutually bestowed with love, respect, and fidelity, and be
rendered with help and support. In return, the wife also has the obligation to
do the same to her husband.
WHAT TYPE OF SUPPORT CAN MY SPOUSE GIVE ME DURING
MARRIAGE?
The kind of support mentioned in Article 194 of the Family Code, which is
everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial
capacity of the family.
IS MY HUSBAND OBLIGED TO GIVE ALL HIS EARNINGS TO ME?
No. The law only requires that each spouse will give mutual support that is
indispensable for sustenance, dwelling, clothing, medical attendance,
education transportation, in keeping with the financial capacity of the family.

IS SUPPORT LIMITED TO MONEY?


No. Support is everything that is indispensable for sustenance, dwelling,
clothing and medical attendance, according to the social position of the family.

DOES THE OBLIGATION TO SUPPORT CEASES IF I FILE AN ANNULMENT


AGAINST MY HUSBAND?
No. During the proceedings for legal separation or for annulment of marriage,
and for declaration of nullity of marriage, the spouses and their children shall
be supported from the properties of the absolute community or the conjugal
partnership. (Art. 198, Family Code)

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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IS THE HUSBAND STILL OBLIGED TO SUPPORT ME EVEN IF THE


MARRIAGE IS ALREADY ANNULLED?

SUPPPORT PENDING/AFTER SEPARATION

SUPPORT PENDING ANNULMENT / LEGAL


SEPARATION AND AFTER ANNULMENT /
LEGAL SEPARATION

SUPPPORT FOR ABANDONED WOMEN & CHILD

SUPPORT FOR ABANDONED


WOMEN AND CHILD
WHAT CAN BE DONE IF THE HUSBAND ABANDONS THE WIFE AND THE
CHILDREN?
If you and your children have been abandoned by your husband or live-in
partner, you can compel him to give financial support by filing a petition for
Protection Order under RA 9262. In filing this petition, you can get free legal
help from the Public Attorneys Office or the Integrated Bar of the Philippines
chapter offices. You can file the petition with the Family Court of the place
where you live.

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.

102

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.

SUPPPORT FOR ABANDONED WOMEN & CHILD

WHAT IF SUPPORT WAS GIVEN BY A PERSON WHO IS A STRANGER,


CAN HE CLAIM FOR REIMBURSEMENT?

PART II-F

THE LAW ON

INHERITANCE

WHAT INHERITANCE LAWS APPLY IN PHILIPPINES?

WHAT ARE THE TWO BASIC TYPES OF SUCCESSION?


1. Testate - one with a will or last will and testament.
2. Intestate - without a will.
WHO IS A TESTATOR?
The testator is the deceased person who made a last will and testament.

WHAT ARE THE TWO KINDS OF WILL?

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.

The Law on Inheritance

Philippine inheritance law or the law on succession is governed by the New


Civil Code of the Philippines, with the Rules of Court complementing the
procedural framework.

The Law on Inheritance


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3. Subscribed at the end by the testator himself or in the testators name


written by some other person in his presence, and by his express
direction.
4. Attested and subscribed by three or more credible witnesses in the
presence of the testator and of one another.
5. Each and every page, except the last, must be signed by the testator or
by the person requested by him to write his name, and by the
instrumental witnesses of the will, on the left margin.
6. Each and every page of the will must be numbered correlatively in
letters placed on the upper part of each page.
7. It must contain an attestation clause, stating the following:
a. The number of pages used upon which the will is written;
b. The fact that the testator signed the will and every page, or caused
some other person to write his name, under his express direction, in
the presence of the instrumental witnesses;
c. All the instrumental witnesses witnessed and signed the will and all
its pages in the presence of the testator and of one another.
d. It must be acknowledged before a notary public by the testator and
the witnesses.

IF A DOCUMENT IS ENTITLED A LAST WILL AND TESTAMENT BUT IT


PROVIDES THAT ALL PROPERTIES MUST BE TRANSFERRED DURING THE
LIFETIME OF THE TESTATOR, IS THIS A WILL?
No. A will takes effect upon death of the testator. If the disposition takes effect
before his/her death, it is a donation and is governed by the rules on
donations.

WHAT CAN BE THE SUBJECT OF A WILL?

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.

WHO IS/ARE THE COMPULSORY HEIRS?


The compulsory heirs are classified as:
PRIMARY legitimate children and/or descendants
SECONDARY legitimate parents and/or ascendants; illegitimate
parents
CONCURRING surviving spouse; illegitimate children and/or
descendants
Primary compulsory heirs are preferred over secondary heirs, who receive only
in default of the primary. Concurring compulsory heirs generally succeed as
compulsory heirs, together with primary or secondary heirs.

107

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.

The Law on Inheritance

A will can only dispose the free portion of the testators properties. A will
cannot impair the legitime of the compulsory heirs.

The Law on Inheritance

HOW MUCH CAN AN HEIR RECEIVE FROM THE TESTATORS ESTATE?


LEGITIMATE CHILD of the estate. Two or more legitimate children are
entitled to distribute of the estate equally among themselves.
SURVIVING SPOUSE of the estate if there is only one legitimate child. With
2 or more legitimate children, the surviving spouse is entitled to a portion
equal to the legitime of one legitimate child. The legitime of the surviving
spouse is taken from the free portion of the estate.

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ILLEGITIMATE CHILD of that of a legitimate child (Family Code of the


Philippines). This is taken from the free portion of the estate, provided that
they do not exceed the free portion.
In the absence of legitimate children and descendants, the legitime of
legitimate parents or ascendants consists of of the estate of their children
and descendants. The testator may freely dispose of the other half, subject to
the rights of illegitimate children and the surviving spouse.
IF THERE IS NO WILL, WHO WILL INHERIT THE ESTATE?
In the absence of a will, the law designates the heirs.
WHAT IS THE ORDER OF INTESTATE SUCCESSION?
The order of hereditary or intestate succession, if the deceased was a
legitimate child, is as follows:
1.
2.
3.
4.
5.
6.

Legitimate children or descendants;


Legitimate parents or ascendants;
Illegitimate children or descendants;
Surviving spouse;
Brothers and sisters, nephews and nieces;
Other collateral relatives within the fifth degree; and,

7. The State.

1.
2.
3.
4.
5.
6.

Legitimate children or descendants;


Illegitimate children or descendants;
Illegitimate parents (other ascendants are excluded);
Surviving spouse;
Brothers and sisters, nephews and nieces; and,
The State.

The Law on Inheritance

The order of hereditary or intestate succession, if the deceased was an


illegitimate child, is as follows:

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PART II-G
THE LABOR CODE PROVISIONS ON

SEXUAL HARASSMENT,
MATERNITY LEAVE, SOLO
PARENT LEAVES

LABOR CODE PROVISIONS ON

SEXUAL HARASSMENT

WHAT IS THE PURPOSE OF THE LAW?


The purpose of this law is to guarantee that the learning and working
environment is free from any sexual harassment and is conducive for a
harmonious and productive work and study. In attaining this purpose the law
seeks to value the dignity of individuals and protect the human resources of
the country by guaranteeing full respect for the human rights of the people

WHO ARE LIABLE UNDER R.A. 7877?


Any person who commits any act of sexual harassment as herein defined and
any person who directs or induces another to commit such acts, or who

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WHAT IS SEXUAL HARASSMENT UNDER R.A. 7877?


Sexual harassment under R.A. 7877 refers to work, education or trainingrelated sexual harassment. It is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor,
coach, trainer, 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. (Sec. 3, R.A. 7877)

Labor Provisions on Sexual Harassment

WHAT IS REP. ACT NO. 7877?


Republic Act No. 7877 is also known as the Anti-Sexual Harassment Act of
1995. It declares as unlawful all forms of sexual harassment in school and in
places of work. It penalizes or punishes the offender after judgment by a court
of Law and also allows the punishment of any offender under the rules and
regulations that a school or place of work may adopt in accordance with the
provisions of the law itself.

Labor Provisions on Sexual Harassment


114

cooperates in the commission thereof by another without which it would. (Sec.


3, R.A. 7877)
WHAT IS THE PUNISHMENT FOR VIOLATORS/OFFENDERS OF R.A. 7877?
Any person who violates the provisions of the law shall be penalized by
imprisonment of not less than one (1) month nor more than six (6) months, or
a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty
thousand pesos (P20,000), or both such fine and imprisonment at the
discretion of the court.
WHEN IS SEXUAL HARASSMENT COMMITTED IN A WORK-RELATED OR
EMPLOYMENT ENVIRONMENT?
Sexual harassment is committed:
1. When the sexual favor is made as a condition in the hiring or in the
employment, reemployment or continued employment of said
individual, or in granting said individual favorable compensation, terms
of conditions, promotions, or privileges; or the refusal to grant the
sexual favor results in limiting, segregating or classifying the employee
which in any way would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee.
2. When the above acts would impair the employee's rights or privileges
under existing labor laws; or
3. When the above acts would result in an intimidating, hostile, or
offensive environment for the employee. (Sec. 3(a), R.A. 7877)
WHEN IS SEXUAL HARASSMENT COMMITTED IN AN EDUCATION OR
TRAINING ENVIRONMENT?
Sexual harassment committed in an education or training environment:
1. When it is against one who is under the care, custody or supervision of
the offender.

WHAT IS CIVIL SERVICE COMMISSION (CSC) RESOLUTION NO. 01-0940?


It is known as the Administrative Disciplinary Rules on Sexual Harassment
Cases. It supersedes or repeals prior CSC issuances such as MC No. 19, s. 1994
and CSC Res. 95-6161. DOLE Administrative Order No. 250, s. 1995 has to be
amended accordingly or replaced altogether, in consonance with the changes
made in the new CSC Rules on Sexual Harassment.

1. in the premises of the workplace or office or of the school or training


institution
2. in any place where the parties were found, as a result of work or
education or training responsibilities or relations
3. at work or education- or training-related social functions
4. while on official business outside the office or school or training
institution or during work or school or training-related travel
5. official conferences, fora, symposia or training sessions; or
6. by telephone, cellular phone, fax machine or electronic mail.

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Where can sexual harassment be committed under the provisions of CSC


Resolution No. 01-0940?
Sexual harassment contemplated under R.A. 7877 may take place:

Labor Provisions on Sexual Harassmet

2. When it is against one whose education, training, apprenticeship or


tutorship is entrusted to the offender.
3. When the sexual favor is made a condition to the giving of a passing
grade, or the granting of honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges, or consideration; or
4. When the sexual advances result in an intimidating, hostile or offensive
environment for the student, trainee or apprentice. (Sec. 3(b), R.A.
7877)

Labor Provisions on Sexual


116
Harassment

WHAT IF THE SEXUAL HARASSMENT WAS COMMITTED OUTSIDE THE


CAMPUS?
Even if the act which constitutes sexual harassment was committed outside the
campus, the offense is still covered by the provisions of R.A. 7877.
WHAT ARE THE REMEDIES OF THE VICTIM OF SEXUAL HARASSMENT?
The victim may file a complaint for sexual harassment with the disciplining
authority of the office or agency. Administrative sanctions shall not be a bar to
prosecution in the proper courts for unlawful acts of sexual harassment.
AT THE PRE-FILING STAGE, WHAT ASSISTANCE CAN THE AGENCY PROVIDE
TO AN ALLEGED VICTIM OF SEXUAL HARASSMENT?
The agency may adopt mechanism to provide assistance to an alleged victim
of sexual harassment which may include:
1. counseling
2. referral to an agency offering professional help
3. advice or options available before the filing of the complaint
WITH WHOM CAN A COMPLAINT FILE A COMPLAINT FOR SEXUAL
HARASSMENT BE FILED?
With the disciplining authority of the office/ agency; or with the Committee on
Decorum and Investigation (CODI). Upon receipt of the complaint, the
disciplining authority of the office/agency shall transmit the same to the CODI,
if there is any. In the absence of a CODI, the head of office/agency shall cause
the creation of a CODI in accordance with the law and rules and transmit the
complaint to said Committee.
WHAT ARE THE FUNCTIONS OF THE COMMITTEE ON DECORUM AND
INVESTIGATION (CODI) IN SEXUAL HARASSMENT CASES?
The CODI shall:
1. Receive complaints of sexual harassment

WHAT ARE THE REQUIREMENTS FOR A COMPLAINT?


It must be in writing, signed and sworn to by the complainant, and contains
the following:
1.
2.
3.
4.
5.

Full name and address of the complainant


Full name, address, and position of the respondent
A brief statement of the relevant facts
Residence, in support of the complaint, if any; and
A certification of non-forum shopping

ARE COMPLAINTS SENT THRU TELEGRAM, RADIOGRAM, ELECTRONIC MAIL


OR SIMILAR MEANS CONSIDERED AS FILED?
Yes, if the requirements provided in Section 12 (b) of Resolution No. 01-0940
are complied with. In the absence of the said requirements, the complaint is
considered non-filed. Complainant has to be notified to comply within ten (10)
days from receipt of the notice for compliance.

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In the absence of any one of the aforementioned requirements, the complaint


shall be dismissed without prejudice to its refilling. (Section 12 (b) of Resolution
No. 01-0940)

Labor Provisions on Sexual Harassment

2. Investigate sexual harassment complaints in accordance with the


prescribed procedure
3. Submit a report of its findings with the corresponding recommendation
to the disciplining authority for decision
4. Lead in the conduct of discussions about sexual harassment within the
agency or institution to increase understanding and prevent incidents of
sexual harassment.

Maternity Leave
118

SHALL THE WITHDRAWAL OF THE COMPLAINT AT ANY STAGE OF THE


PROCEEDINGS PRECLUDE THE CODI FROM PROCEEDING WITH THE
INVESTIGATION?
When there is obvious truth or merit to the allegations in the complaint or
where there is documentary or direct evidence that can prove the guilt of the
person complained of, the CODI can proceed with the investigation.

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:

IS VALID MARRIAGE REQUIRED?


No. Unlike in paternity leave where valid marriage is a requisite for availment,
the existence of a valid marriage is not required to avail of maternity leave
benefits. (Sec. 14-A, R.A. 8282)

119

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)

Labor Provisions on Sexual Harassment

SOCIAL SECURITY ACT PROVISIONS ON

Exanded Magna Carta For


120
Women

HOW MUCH WILL THE PREGNANT WOMAN MEMBER RECEIVE?


SSS maternity benefit shall be equivalent to 100% of the pregnant employees
average daily salary credit for 60 days, or 78 days in case of caesarian delivery.
(Sec. 14-A, R.A. 8282)
WHEN WILL THE PREGNANT WOMAN GET THE BENEFIT?
The full payment of maternity benefits shall be advanced by the employer
within 30 days from the filing of the maternity leave application. (Sec. 14-A(b),
R.A. 8282)
WHO MAKES THE PAYMENT?
The SSS shoulders the payment of maternity benefits. But the procedure is that
the payment is to be initially advanced by the employer, subject to immediate
reimbursement by SSS. (Sec. 14-A, R.A. 8282)
IS THERE A LIMITATION TO THE AVAILMENT OF THE BENEFIT?
Yes. Entitlement to maternity leave under the Labor Code and maternity
benefits under the SSS Law applies only for the first four delivery. (Sec. 14-A(d),
R.A. 8282)
CAN THE PREGNANT WOMAN MEMBER RECOVER SSS SICKNESS BENEFITS
FOR THE SAME PERIOD FOR WHICH DAILY MATERNITY BENEFITS HAVE BEEN
RECEIVED?
No. That payment of daily maternity benefits is a bar to the recovery of SSS
sickness benefits for the same period for which daily maternity benefits have
been received. (Sec. 14- A(c), R.A. 8282)
WHAT IS THE EFFECT OF FAILURE OF EMPLOYER TO REMIT CONTRIBUTION?
If the employer fails to remit the required contributions, or to notify SSS of the
time of the pregnancy, the employer shall pay to the SSS damages equivalent
to the benefits which said employee member would otherwise have been
entitled to. (Sec. 14-A (f), R.A. 8282)

EXPANDED MAGNA CARTA FOR WOMEN


WHAT IS SPECIAL LEAVE BENEFIT FOR WOMEN?
Special leave benefits for women refers to a female employees leave
entitlement of two months with full pay based on her gross monthly
compensation following surgery caused by gynecological disorders. This
benefit is in addition to leave privileges under existing law.

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:

WHAT ARE GYNECOLOGICAL DISORDERS?


Gynecological disorders refer to disorders that would require surgical
procedures such as dilatation and curettage and those involving female
reproductive organs such as vagina, cervix, uterus, fallopian tubes, ovaries,
breast, adnexa and pelvic floor. Gynecological surgeries shall also include
hysterectomy, ovariectomy, and mastectomy.

121

1. She has rendered continuous aggregate employment service of at least


6 months for the last 12 months.
2. She has filed an application for special leave.
3. She has undergone surgery due to gynecological disorders as certified
by competent physician.
4. Female employees who have taken a leave of absence following
surgery for gynecological disorder or after 15 September 2009 are
entitled to avail of the benefit.

Anti-Violence Against Women & Their Children


122

HOW DO YOU APPLY FOR A SPECIAL LEAVE?


The employee shall file her application for leave with her employer within a
reasonable period of time from the expected date of surgery, or within such
period as may be provided by company rules and regulations or by collective
bargaining agreement (CBA).
WHEN IS THE APPLICATION FOR SPECIAL LEAVE NOT NECESSARY?
Prior application is not necessary in cases requiring emergency surgical
procedure. However, the employee must notify the employer verbally or in
writing within reasonable period of time, and after the surgery or recuperating
period, she must immediately file her application using the prescribed form.
WHEN MAY SPECIAL LEAVE BENEFITS BE GRANTED?
Special leave benefits shall be granted after the employee has undergone
surgery. The employer, however, has the option to pay the employee before
or during the surgery.
HOW MUCH IS THE BENEFIT?
The employee is entitled to full pay for two months based on her gross
monthly compensation. Gross monthly compensation refers to the monthly
basic pay plus mandatory allowances.
IS THE BENEFIT CONVERTIBLE TO CASH?
Special leave benefit is non-cumulative and non-convertible to cash unless
otherwise provided by a CBA.

ANTI-VIOLENCE AGAINST WOMEN AND THEIR


CHILDREN ACT OF 2004 (R.A. NO. 9262)
WHO ARE ENTITLED TO LEAVE UNDER THE ANTI-VAWC ACT OF 2004?
Victims under this Act shall be entitled to take a paid leave of absence up to 10
days in addition to other paid leaves under the Labor Code and Civil Service
Rules and Regulations, extendable when the necessity arises as specified in the
protection order. Any employer who shall prejudice the right of the person
under this section shall be penalized in accordance with the provisions of the
Labor Code and Civil Service Rules and Regulations. Likewise, an employer
who shall prejudice any person for assisting a co-employee who is a victim
under this Act shall likewise be liable for discrimination. (Sec. 43, R.A. 9262)

Expanded Magna Carta For Women

RELATIVE PROVISIONS OF

123

RELATIVE PROVISIONS ON

124

Solo Parent Leave

SOLO PARENT LEAVE


WHO IS A SOLO PARENT?
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
the mother keeps and raises the child.
2. Parent left solo or alone with the responsibility of parenthood due to
death of spouse.
3. Parent left solo or alone with the responsibility of parenthood while the
spouse is detained or is serving sentence for a criminal conviction for at
least one (1) year.
4. Parent left solo or alone with the responsibility of parenthood due to
physical and/or mental incapacity of spouse as certified by a public
medical practitioner.
5. Parent left solo or alone with the responsibility of parenthood due to
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.
6. Parent left solo or alone with the responsibility of parenthood due to
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.
7. Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one (1) year.
8. Unmarried mother/father who has preferred to keep and rear her/his
child/children instead of having others care for them or give them up to
a welfare institution.
9. Any other person who solely provides parental care and support to a
child or children.

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)

WHAT ARE THE RIGHTS OF SOLO PARENTS?


The following are the rights of a Solo Parent:

WHAT OTHER BENEFITS ARE AVAILABLE TO SOLO PARENTS?


Subject to income thresholds poverty threshold set by the National Economic
and Development Authority (NEDA) and subject to the assessment of the
DSWD worker in the area, solo parents shall be entitled to the following:
1. Educational benefits, including scholarship programs for qualified solo
parents and their children in institutions of basic, tertiary and
technical/skills education, and non-formal education programs
appropriate for solo parents and their children. (Sec. 22, R.A. 8972)
2. Housing benefits, including allocation in government low-cost housing
projects, with liberal terms of payment. (Sec. 23, R.A. 8972)
3. Medical assistance, with comprehensive health care programs for solo
parents and their children to be implemented by the DOH through
their retained hospitals and medical centers and the local government

125

1. Flexible work schedule (Sec. 6(h) & 16, R.A. 8972)


2. Right against discrimination with respect to terms and conditions of
employment. (Sec. 17, R.A. 8972)
3. Parental Leave of 7 days (Sec. 6(g), 18 & 19, R.A. 8972)

Solo Parent Leave

WHO ARE CONSIDERED AS CHILDREN?


Children refer to those living with and dependent upon the solo parent for
support who are unmarried, unemployed and not more than eighteen (18)
years of age, or even over eighteen (18) years but are incapable of selfsupport because of mental and/or physical defect/disability. (Sec. 6(e), R.A.
8972)

126

Solo Parent Leave

units (LGUs) through their provincial/district/city/municipal hospitals


and rural health units (RHUs). (Sec. 25, R.A. 8972)
WHAT ARE THE REQUIREMENTS IN ORDER FOR A SOLO PARENT TO AVAIL
OF THE RIGHT TO A FLEXIBLE WORK SCHEDULE?
To avail of the Right to a Flexible Schedule the following requirements must be
present:
1. It will not affect individual and company productivity
2. On meritorious grounds, employer may ask exemption from the DOLE.
(Sec. 16, R.A. 8972)
IS THE RIGHT TO A FLEXIBLE WORK SCHEDULE OF A SOLO PARENT
AVAILABLE TO EMPLOYEES IN THE GOVERNMENT SERVICE?
It depends. In the case of employees in the government service, flexible
working hours will be subject to the discretion of the head of the agency. In no
case shall the weekly working hours be reduced in the event the agency
adopts the flexible working hours schedule format (flexi-time). In the adoption
of flexi-time, the core working hours shall be prescribed taking into
consideration the needs of the needs of the service. (Sec. 16, R.A. 8972)
WHAT ARE THE REQUIREMENTS IN ORDER FOR A SOLO PARENT TO AVAIL
OF THE PARENTAL LEAVE OF 7 DAYS?
To avail of the Parental Leave of 7 days the following requirements must be
present:
1. He/She has rendered at least one (1) year of service whether
continuous or broken at the time of the effectivity of this Act.
2. He/She has notified his/her employer of the availment thereof within a
reasonable time period; and
3. He/She has presented a Solo Parent Identification Card to his/her
employer.(Sec. 19, R.A. 8972)

HOW DO YOU APPLY FOR A SOLO PARENT ID?


Steps in Applying for a Solo Parent ID:
1. The solo parent-applicants shall bring the following:

3. The SP ID shall bear the following information:


a. ID number, name, date of birth, sex, address and income
b. Income Classification A and B e.g., A for above poverty line and B
below poverty line
c. Names of the family members, their dates of birth and relationship
with the bearer
d. For revalidation purposes, the ID shall indicate specific years and
space for signatures/initials of the validating officer
e. Size of the SP ID should not be more than 2 x 3.5 inches.
4. The SP IDs shall be issued 30 days after filing of applications.

127

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.

Solo Parent Leave

a. Barangay certification certifying Solo Parents residency in the


barangay for the last six months
b. Affidavit of circumstance stating the reason for becoming a solo
parent (Note: Some LGUs may require only basic documents hence
it is advisable to call the C/MSWDO first to check the required
documents).
c. Certificates e.g., birth certificates of children, death certificate of
spouse and other appropriate documentary support.
d. Income tax return or any document that will establish the income
level of the solo parent

Solo Parent Leave


128

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)

Solo Parent Leave

WHAT IS THE EFFECT OF A CHANGE IN STATUS OR CIRCUMSTANCE OF THE


PARENT CLAIMING BENEFITS UNDER THE ACT?
The change in status or circumstance of the parent claiming benefits under the
Act, such that he/she is no longer left alone with the responsibility of
parenthood, shall terminate his/her eligibility for these benefits. (Sec. 6(b)(10),
R.A. 8972)

129

PART II-H

THE LAW ON

ANTI-HUMAN
TRAFFICKING

133

Human Trafficking

WHAT IS TRAFFICKING IN PERSONS?


Elements:
1. The recruitment, obtaining, hiring, providing, offering, transportation,
transfer, maintaining, harboring, or receipt of persons.
2. With or without the victims consent or knowledge.
3. Within or across national borders.
4. By means of threat, or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving
of payments or benefits to achieve the consent of a person having
control over another person.
5. For the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or the removal
or sale of organs. (Sec. 3, R.A. 10364)
Even if it does not include any of the means mentioned above, it shall still be
considered as trafficking in persons as long as there is the act of recruitment,
transportation, transfer, harboring, adoption or receipt of a child for the
purpose of exploitation or when the adoption is induced by any form of
consideration for exploitative purposes. (Sec. 3, R.A. 10364)

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

apprenticeship, for the purpose of prostitution, pornography, or sexual


exploitation;
2. To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No.
6955, any Filipino woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or trading him/her to
engage in prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage.
3. To offer or contract marriage, real or simulated, for the purpose of
acquiring, buying, offering, selling, or trading them to engage in
prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage.
4. To undertake or organize tours and travel plans consisting of tourism
packages or activities for the purpose of utilizing and offering persons
for prostitution, pornography or sexual exploitation.
5. To maintain or hire a person to engage in prostitution or pornography.
6. To adopt persons by any form of consideration for exploitative
purposes or to facilitate the same for purposes of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage.
7. To adopt or facilitate the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage.
8. To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain,
provide, offer, receive or abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose
of removal or sale of organs of said person.
9. To recruit, transport, obtain, transfer, harbor, maintain, offer, hire,
provide, receive or adopt a child to engage in armed activities in the
Philippines or abroad.
10. To recruit, transport, transfer, harbor, obtain, maintain, offer, hire,
provide or receive a person by means defined in Section 3 of this Act
for purposes of forced labor, slavery, debt bondage and involuntary

135

Human Trafficking

servitude, including a scheme, plan, or pattern intended to cause the


person either:
a. To believe that if the person did not perform such labor or services,
he or she or another person would suffer serious harm or physical
restraint; or
b. To abuse or threaten the use of law or the legal processes.
11. To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,
provide, adopt or receive a child for purposes of exploitation or trading
them, including but not limited to, the act of baring and/or selling a
child for any consideration or for barter for purposes of exploitation.
Trafficking for purposes of exploitation of children shall include:
a. All forms of slavery or practices similar to slavery, involuntary
servitude, debt bondage and forced labor, including recruitment of
children for use in armed conflict.
b. The use, procuring or offering of a child for prostitution, for the
production of pornography, or for pornographic performances.
c. The use, procuring or offering of a child for the production and
trafficking of drugs; and
d. The use, procuring or offering of a child for illegal activities or work
which, by its nature or the circumstances in which it is carried out, is
likely to harm their health, safety or morals; and
12. To organize or direct other persons to commit the offenses defined as
acts of trafficking. (Sec. 4, R.A. 10364)

WHO IS CONSIDERED A CHILD UNDER THE SAID LAW?


A child efers to a person below eighteen (18) years of age or one who is over
eighteen (18) but is unable to fully take care of or protect himself/herself from
abuse, neglect, cruelty, exploitation, or discrimination because of a physical or
mental disability or condition. (Sec. 3, R.A. 9208)
WHAT IS PROSTITUTION?
It refers to any act, transaction, scheme or design involving the use of a person
by another, for sexual intercourse or lascivious conduct in exchange for
money, profit or any other consideration. (Sec. 3, R.A. 9208)

136

1. 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 childs parent
or legal guardian.
2. Executing, for a consideration, an affidavit of consent or a written
consent for adoption.
3. Recruiting a woman to bear a child for the purpose of selling the child.
4. Simulating a birth for the purpose of selling the child; and
5. Soliciting a child and acquiring the custody thereof through any means
from among hospitals, clinics, nurseries, daycare centers, refugee or
evacuation centers, and low-income families, for the purpose of selling
the child. (Sec. 4-A, R.A. 9208 as amended by Sec. 5, R.A. 10364)

Human Trafficking

CAN AN ATTEMPT TO COMMIT TRAFFICKING BE PUNISHABLE?


Yes. 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. When any of the following acts is committed to a child, it shall also be
considered as attempted trafficking in persons:

Human Trafficking
137

WHAT IS FORCED LABOR?


It refers to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of, force or coercion, including
deprivation of freedom, abuse of authority or moral ascendancy, debtbondage or deception including any work or service extracted from any
person under the menace of penalty. (Sec. 3, R.A. 9208)
WHAT IS SLAVERY?
It refers to the status or condition of a person over whom any or all of the
powers attaching to the right of ownership are exercised. (Sec. 3, R.A. 9208)
WHAT IS INVOLUNTARY SERVITUDE?
It refers to a condition of enforced and compulsory service induced by means
of any scheme, plan or pattern, intended to cause a person to believe that if
he or she did not enter into or continue in such condition, he or she or
another person would suffer serious harm or other forms of abuse or physical
restraint, or threat of abuse or harm, or coercion including depriving access to
travel documents and withholding salaries, or the abuse or threatened abuse
of the legal process. (Sec. 3, R.A. 9208)
WHAT IS SEX TOURISM?
It refers to a program organized by travel and tourism-related establishments
and individuals which consists of tourism packages or activities, utilizing and
offering escort and sexual services as enticement for tourists. This includes
sexual services and practices offered during rest and recreation periods for
members of the military. (Sec. 3, R.A. 9208)
WHAT IS SEXUAL EXPLOITATION?
It refers to 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, taking 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; or in sexual intercourse or lascivious conduct
caused or facilitated by any means as provided in this Act. (Sec. 3, R.A. 9208)

IS AN ACT THAT PROMOTES TRAFFICKING IN PERSONS ALSO


PUNISHABLE?
Yes. The following acts which promote or facilitate trafficking in persons shall
be unlawful:
1. To knowingly lease or sublease, use or allow to be used any house,
building or establishment for the purpose of promoting trafficking in
persons.
2. To produce, print and issue or distribute unissued, tampered or fake
counseling certificates, registration stickers, overseas employment
certificates or other certificates of any government agency which issues
these certificates, decals and such other markers as proof of compliance
with government regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons.

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

WHAT IS DEBT BONDAGE?


It refers to the pledging by the debtor of his/her personal services or labor or
those of a person under his/her control as security or payment for a debt,
when the length and nature of services is not clearly defined or when the value
of the services as reasonably assessed is not applied toward the liquidation of
the debt. (Sec. 3, R.A. 9208)

Human Trafficking
139

3. To advertise, publish, print, broadcast or distribute, or cause the


advertisement, publication, printing, broadcasting or distribution by any
means, including the use of information technology and the internet, of
any brochure, flyer, or any propaganda material that promotes
trafficking in persons.
4. To assist in the conduct of misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and necessary exit documents
from government agencies that are mandated to provide predeparture registration and services for departing persons for the
purpose of promoting trafficking in persons.
5. To facilitate, assist or help in the exit and entry of persons from/to the
country at international and local airports, territorial boundaries and
seaports who are in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking in persons.
6. To confiscate, conceal, or destroy the passport, travel documents, or
personal documents or belongings of trafficked persons in furtherance
of trafficking or to prevent them from leaving the country or seeking
redress from the government or appropriate agencies; and
7. To knowingly benefit from, financial or otherwise, or make use of, the
labor or services of a person held to a condition of involuntary
servitude, forced labor, or slavery.
8. To tamper with, destroy, or cause the destruction of evidence, or to
influence or attempt to influence witnesses, in an investigation or
prosecution of a case under this law;
9. To destroy, conceal, remove, confiscate or possess, or attempt to
destroy, conceal, remove, confiscate or possess, any actual or
purported passport or other travel, immigration or working permit or
document, or any other actual or purported government identification,
of any person in order to prevent or restrict, or attempt to prevent or
restrict, without lawful authority, the persons liberty to move or travel in
order to maintain the labor or services of that person; or

10. To utilize his or her office to impede the investigation, prosecution or


execution of lawful orders in a case under this law. (Sec. 5, R.A. 9208, as
amended by Sec. 8, R.A. 10364)

140

1. the trafficked person is a child


2. the adoption is effected through Republic Act No. 8043, otherwise
known as the "Inter-Country Adoption Act of 1995" and said adoption
is for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage
3. The crime is committed by a syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if carried out by a group of three (3)
or more persons conspiring or confederating with one another. It is
deemed committed in large scale if committed against three (3) or
more persons, individually or as a group
4. 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 officer or employee;
5. the trafficked person is recruited to engage in prostitution with any
member of the military or law enforcement agencies;
6. the offender is a member of the military or law enforcement agencies;
7. 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 Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS);
8. 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

Human Trafficking

WHEN CAN YOU SAY THAT THERE IS QUALIFIED TRAFFICKING IN


PERSONS?
There is qualified trafficking in persons when:

141

Human Trafficking

9. the offender directs or through another manages the trafficking victim


in carrying out the exploitative purpose of trafficking. (Sec. 6, R.A. 9208,
as amended by Sec. 9, R.A. 10364)
IS THERE A PROTECTION OF CONFIDENTIALITY ON CASES REGARDING
TRAFFICKING IN PERSONS?
Yes. At any stage of the investigation, rescue, prosecution and trial of an
offense under this law, law enforcement officers, prosecutors, judges, court
personnel, social workers and medical practitioners, as well as parties to the
case, shall protect the right to privacy of the trafficked person. Towards this
end, law enforcement officers, prosecutors and judges to whom the complaint
has been referred may, whenever necessary to ensure a fair and impartial
proceeding, and after considering all circumstances for the best interest of the
parties, order a closed-door investigation, prosecution or trial. The name and
personal circumstances of the trafficked person or any other information
tending to establish the identity of the trafficked person and his or her family
shall not be disclosed to the public.
It shall be unlawful for any editor, publisher, and reporter or columnist in case
of printed materials, announcer or producer in case of television and radio,
producer and director of a film in case of the movie industry, or any person
utilizing tri-media facilities or electronic information technology to cause
publicity of the name, personal circumstances, or any information tending to
establish the identity of the trafficked person except when the trafficked person
in a written statement duly notarized knowingly, voluntarily and willingly waives
said confidentiality.
Law enforcement officers, prosecutors, judges, court personnel, social workers
and medical practitioners shall be trained on the importance of maintaining
confidentiality as a means to protect the right to privacy of victims and to
encourage victims to file complaints. (Sec. 7, R.A. 9208, as amended by Sec.
10, R.A. 10364)

SHOULD CASES INVOLVING TRAFFICKING IN PERSONS BE DISMISSED


BASED ON THE AFFIDAVIT OF DESISTANCE EXECUTED BY THE VICTIMS OR
THEIR PARENTS OR LEGAL GUARDIANS?
No. It should not be dismissed based on an affidavit of desistance. In fact,
public and private prosecutors are directed to oppose and manifest objections
to motions for dismissal. (Sec. 8, R.A. 9208 as amended by Sec. 11, R.A. 10364)

WHO CAN FILE A COMPLAINT FOR TRAFFICKING IN PERSONS?


Any person who has personal knowledge of the commission of any offense
such as the trafficked person, parents, spouse, siblings, children and legal
guardian. (Sec. 8, R.A. 9208, as amended by Sec. 11, R.A. 10364)
WHO MAY BE PUNISHED FOR TRAFFICKING IN PERSONS?
The following may be punished for trafficking in persons:
1. Any person whether natural or judicial who commits any of the
prohibited acts in the said law. (Sec. 4, R.A. 9208)

142

IS THERE A REQUIRED PERIOD FROM WHEN TO FILE A CASE REGARDING


TRAFFICKING OF PERSONS?
Trafficking cases shall prescribe in ten (10) years. However, trafficking cases
committed by a syndicate or in a large scale, or against a child, shall prescribe
in twenty (20) years. (Sec. 12, R.A. 9208, as amended by Sec. 14, R.A. 10364)

Human Trafficking

WHAT IS THE DUTY OF LAW ENFORCEMENT AGENCIES REGARDING


TRAFFICKING IN PERSONS?
Law enforcement agencies are mandated to immediately initiate investigation
and counter-trafficking-intelligence gathering upon receipt of statements or
affidavit from victims of trafficking, migrant workers, or their families who are in
possession of knowledge or information about trafficking in persons cases.
(Sec. 8, R.A. 9208 as amended by Sec. 11, R.A. 10364)

Human Trafficking
143

2. Accomplice a person who knowingly aids, abets, cooperates in the


execution of the offense by previous or simultaneous acts (Sec. 4-B,
R.A. 9208 as amended by Sec. 6, R.A. 10364)
3. Accessory a person who has 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
manners:
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 the 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. (Sec. 4- C, R.A. 9208 as amended by Sec. 7,
R.A. 10364)
WHAT ARE THE AGENCIES THAT ARE MANDATED TO IMPLEMENT
PROGRAMS FOR TRAFFICKED PERSONS?
The following agencies are mandated to implement programs for trafficked
persons:
1. DEPARTMENT OF FOREIGN AFFAIRS (DFA) - shall make available its
resources and facilities overseas for trafficked persons regardless of
their manner of entry to the receiving country, and explore means to
further enhance its assistance in eliminating trafficking activities through
closer networking with government agencies in the country and
overseas, particularly in the formulation of policies and implementation
of relevant programs.
2. DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) shall implement rehabilitative and protective programs for trafficked
persons. It shall provide counseling and temporary shelter to trafficked

persons and develop a system for accreditation among NGOs for


purposes of establishing centers and programs for intervention in
various levels of the community.

5. PHILIPPINE COMMISSION ON WOMEN (PCW) - shall actively


participate and coordinate in the formulation and monitoring of policies
addressing the issue of trafficking in persons in coordination with
relevant government agencies. It shall likewise advocate for the
inclusion of the issue of trafficking in persons in both its local and
international advocacy for womens issues.
6. BUREAU OF IMMIGRATION (BI) shall strictly administer and enforce
immigration and alien administration laws. It shall adopt measures for
the apprehension of suspected traffickers both at the place of arrival
and departure and shall ensure compliance by the Filipino
fiancs/fiances and spouses of foreign nationals with the guidance and
counseling requirement as provided for in this Act.

144

4. DEPARTMENT OF JUSTICE (DOJ) - shall ensure the prosecution of


persons accused of trafficking and designate and train special
prosecutors who shall handle and prosecute cases of trafficking. It shall
also establish a mechanism for free legal assistance for trafficked
persons, in coordination with the DSWD, Integrated Bar of the
Philippines (IBP) and other NGOs and volunteer groups.

Human Trafficking

3. DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) - shall ensure


the strict implementation and compliance with the rules and guidelines
relative to the employment of persons locally and overseas. It shall
likewise monitor, document and report cases of trafficking in persons
involving employers and labor recruiters.

Human Trafficking
145

7. PHILIPPINE NATIONAL POLICE (PNP) AND NATIONAL BUREAU OF


INVESTIGATION (NBI) shall be the primary law enforcement agencies
to undertake surveillance, investigation and arrest of individuals or
persons suspected to be engaged in trafficking. They shall closely
coordinate with each other and with other law enforcement agencies to
secure concerted efforts for effective investigation and apprehension of
suspected traffickers. They shall also establish a system to receive
complaints and calls to assist trafficked persons and conduct rescue
operations.
8. PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA) AND
OVERSEAS WORKERS AND WELFARE ADMINISTRATION (OWWA)
POEA shall implement Pre-Employment Orientation Seminars (PEOS)
while Pre-Departure Orientation Seminars (PDOS) shall be conducted
by the OWWA. It shall likewise formulate a system of providing free
legal assistance to trafficked persons, in coordination with the DFA.
9. DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG)
shall institute systematic information and prevention campaign in
coordination with pertinent agencies of government as provided for in
this Act. It shall provide training programs to local government units, in
coordination with the Council, in ensuring wide understanding and
application of this Act at the local level.
10. COMMISSION ON FILIPINOS OVERSEAS shall conduct pre-departure
counseling services for Filipinos in intermarriages. It shall develop a
system for accreditation of NGOs that may be mobilized for purposes
of conducting pre-departure counseling services for Filipinos in
intermarriages.
11. LOCAL GOVERNMENT UNITS (LGUS) shall monitor and document
cases of trafficking in persons in their areas of jurisdiction, effect the
cancellation of licenses of establishments which violate the provisions of

IS THE CONSENT OF THE TRAFFICKED PERSON RELEVANT?


No. The consent of a trafficked person to the intended exploitation set forth in
this Act shall be irrelevant. (Sec. 17, RA 10364)
HOW CAN THE RESCUE OF A TRAFFICKED PERSON BE DONE?
The rescue of victims should be done as much as possible with the assistance
of the DSWD or an accredited NGO that services trafficked victims. (Sec. 18, RA
10364)
WHAT IS THE DUTY OF A LAW ENFORCEMENT OFFICER?
A law enforcement officer, on a reasonable suspicion that a person is a victim
of any offense defined under this Act including attempted trafficking, shall
immediately place that person in the temporary custody of the local social
welfare and development office, or any accredited or licensed shelter

146

WHAT IS AN ANTI-TRAFFICKING IN PERSONS DATABASE?


All government agencies tasked under the law to undertake programs and
render assistance to address trafficking in persons shall develop their
respective monitoring and data collection systems, and databases, for
purposes of ensuring efficient collection and storage of data on cases of
trafficking in persons handled by their respective offices. Such data shall be
submitted to the Council for integration in a central database system. (Sec. 16A, RA 10364)

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)

WHAT ARE THE FUNCTIONS OF THE COUNCIL?


The Council shall have the following powers and functions:

Human Trafficking
148

1. Formulate a comprehensive and integrated program to prevent and


suppress the trafficking in persons;
2. Promulgate rules and regulations as may be necessary for the effective
implementation of this Act;
3. Monitor and oversee the strict implementation of this Act;
4. Coordinate the programs and projects of the various member agencies
to effectively address the issues and problems attendant to trafficking in
persons;
5. Coordinate the conduct of massive information dissemination and
campaign on the existence of the law and the various issues and
problems attendant to trafficking through the LGUs, concerned
agencies, and NGOs;
6. Direct other agencies to immediately respond to the problems brought
to their attention and report to the Council on action taken;
7. Assist in filing of cases against individuals, agencies, institutions or
establishments that violate the provisions of this Act;
8. Formulate a program for the reintegration of trafficked persons in
cooperation with DOLE, DSWD, Technical Education and Skills
Development Authority (TESDA), Commission on Higher Education
(CHED), LGUs and NGOs;
9. Secure from any department, bureau, office, agency, or instrumentality
of the government or from NGOs and other civic organizations such
assistance as may be needed to effectively implement this Act;
10. Complement the shared government information system for migration
established under Republic Act No. 8042, otherwise known as the
"Migrant Workers and Overseas Filipinos Act of 1995" with data on
cases of trafficking in persons, and ensure that the proper agencies
conduct a continuing research and study on the patterns and scheme
of trafficking in persons which shall form the basis for policy formulation
and program direction.

Human Trafficking
149

11. Develop the mechanism to ensure the timely, coordinated, and


effective response to cases of trafficking in persons;
12. Recommend measures to enhance cooperative efforts and mutual
assistance among foreign countries through bilateral and/or multilateral
arrangements to prevent and suppress international trafficking in
persons;
13. Coordinate with the Department of Transportation and
Communications (DOTC), Department of Trade and Industry (DTI), and
other NGOs in monitoring the promotion of advertisement of trafficking
in the internet;
14. Adopt measures and policies to protect the rights and needs of
trafficked persons who are foreign nationals in the Philippines;
15. Initiate training programs in identifying and providing the necessary
intervention or assistance to trafficked persons; and
16. Exercise all the powers and perform such other functions necessary to
attain the purposes and objectives of this Act. (Sec. 21, RA 9208)
WHAT ARE THE PURPOSES OF THE MANDATORY SERVICES TO TRAFFICKED
PERSONS?
The purposes of the mandatory services to trafficked persons are to ensure
recovery, rehabilitation and reintegration into the mainstream of society. (Sec.
23, RA 9208)
WHAT ARE THE MANDATORY SERVICES TO TRAFFICKED PERSONS?
The following are the mandatory services:
1. Emergency shelter or appropriate housing;
2. Counseling;
3. Free legal services which shall include information about the victims'
rights and the procedure for filing complaints, claiming compensation
and such other legal remedies available to them, in a language
understood by the trafficked person;
4. Medical or psychological services;

5. Livelihood and skills training; and


6. Educational assistance to a trafficked child. (Sec. 23, RA 9208)

Human Trafficking

WHO ARE PRIMARILY RESPONSIBLE FOR THE REPATRIATION OF TRAFFICKED


PERSONS?
The DFA, in coordination with DOLE and other appropriate agencies, shall
have the primary responsibility for the repatriation of trafficked persons,
regardless of whether they are documented or undocumented. (Sec. 25, RA
9208)

150

PART II-I

THE LAW ON

ANTI-VOYEURISM

Anti-Voyeurism
153

WHAT IS THE DEFINITION OF PHOTO OR VIDEO VOYEURISM?


It is the act of taking photo or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing an image of the
private area of a person or persons without the latters consent, under
circumstances in which such person/s has/have a reasonable expectation of
privacy, or the act of selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or recordings of such
sexual act or similar activity through VCD/DVD, internet, cellular phones and
similar means or device without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or video coverage of
same was given by such persons. (Sec. 3(d), R.A. 9995)
WHAT ARE THE SPECIFIC ACTS PROHIBITED AND PUNISHED UNDER THE
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009?
Acts prohibited and punished under the Anti-Photo and Video Voyeurism Act
of 2009
1. To take photo or video coverage of a person or group of persons
performing sexual act or any similar activity or to capture an image of
the private area of a person/s such as the naked or undergarment clad
genitals, pubic area, buttocks or female breast without the consent of
the person/s involved and under circumstances in which the person/s
has/have a reasonable expectation of privacy.
2. To copy or reproduce, or to cause to be copied or reproduced, such
photo or video or recording of sexual act or any similar activity with or
without consideration. It is immaterial if consent to record or take photo
or video coverage of the same was given by such person/s.
3. To sell or distribute, or cause to be sold or distributed, such photo or
video or recording of sexual act, whether it be the original copy or
reproduction thereof. It is immaterial if consent to record or take photo
or video coverage of the same was given by such person/s.
4. To publish or broadcast, or cause to be published or broadcast,
whether in print or broadcast media, or show or exhibit the photo or

video coverage or recordings of such sexual act or any similar activity


through VCD/DVD, internet, cellular phones and other similar means or
device. It is immaterial if consent to record or take photo or video
coverage of the same was given by such person/s. (Sec. 4, R.A. 9995)

WHAT DO YOU MEAN BY PRIVATE AREA OF A PERSON?


It means the naked or undergarment clad genitals, pubic area, buttocks or
female breast of an individual. (Sec. 3 (e), R.A. 9995)

IF THERES AN UNDERGARMENT E.G., BRIEF OR PANTY COVERING THE


PRIVATE PARTS, IS THIS STILL COVERED BY THE LAW?
Yes. Based on the definition above, the genitals, pubic area, buttocks or female
breast of an individual may be naked or clad with undergarment. (Sec. 3 (e),
R.A. 9995)

WHAT IS THE MEANING OF CAPTURE?


With respect to an image, it means to videotape, photograph, film, record by
any means, or broadcast. (Sec. 3 (b), R.A. 9995)

154

1. he/she could disrobe in privacy, without being concerned that an


image or a private area of the person was being captured; or
2. a private area of the person would not be visible to the public,
regardless of whether that person is in a public or private place. (Sec. 3
(f), R.A.9995)

Anti-Voyeurism

WHAT DOES CIRCUMSTANCES IN WHICH A PERSON HAS A REASONABLE


EXPECTATION OF PRIVACY MEAN?
It means circumstances in which a reasonable person would believe that:

Anti-Voyeurism
155

WHAT IF THE OTHER PERSON WAS AWARE OF AND CONSENTED TO THE


TAKING OF THE PHOTOGRAPH?
Even if there was consent to the taking of the photo, if there is no consent to
the sharing or exhibition, then the offending party would still be liable. (Sec. 4,
R.A. 9995)
WHAT DO YOU MEAN BY BROADCAST?
Broadcast means to make public, by any means, a visual image with the
intent that it be viewed by a person or persons. (Sec. 3 (a), R.A. 9995)
WHAT IF THE PHOTO SHOWS THE BREASTS OF A MAN, IS THIS COVERED BY
THE LAW?
No. The law only covers female breasts. (Sec. 4 (a), R.A. 9995)
IF THE PHOTO SHOWS ONLY THE SIDE OF A FEMALE BREAST, WITHOUT THE
NIPPLE, IS THIS STILL COVERED BY THE LAW?
Yes. The term female breast includes any portion of the female breast. (Sec.
3 (c), R.A.9995)
WHAT IS THE PENALTY FOR COMMITTING ANY OF THE PROHIBITED ACTS?
The court has the discretion to impose:
1. Imprisonment of not less that three (3) years but not more than seven
(7) years, or
2. A fine of not less than P100,000 but not more than P500,000, or
3. Both. (Sec. 5, R.A. 9995)
ARE THESE MATERIALS ADMISSIBLE IN EVIDENCE?
As a general rule, no. The record, photo or video, or copy thereof, obtained or
secured by any person in violation of this law shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or administrative hearing or
investigation. (Sec. 7, R.A. 9995)

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)

156

APPENDIX

Republic of the Philippines


REGIONAL TRIAL COURT
___ Judicial Region
Branch ___
_______________ City
Petitioner
-versusRespondent

Civil case no. ___________


For: ___________________

MOTION FOR THE ISSUANCE OF AN EX PARTE TEMPORARY PROTECTION


ORDER/PERMANENT PROTECTION ORDER
PETITIONER, through the undersigned counsel, most respectfully states that:
1. (Names and addresses of petitioner and respondent)
2. (Description of the relationship between petitioner and respondent)
3. (Statement of the circumstances of the abuse)
4. Petitioner has executed an affidavit marked as Annex A.
5. She has filed an application for barangay protection order and was issued a barangay
protection order dated (insert date). Attached is a copy marked as Annex B of the application
form and the barangay protection order marked as Annex C.
6. Petitioner also reported the incident to the police. Attached is a copy of the police
report marked as Annex D.
7. That by reason of Respondents acts, he has violated Section 5 (or appropriate
provision) of Republic Act No. 9262, or the Anti-VAWC Law.
8. Hence, Petitioner is constrained to file this Motion for the Issuance of a Protection
Order, as provided in Section 7 of the Rule on Provisional Orders (A.M. No. 02-11-12-SC)
and Section 8 of Republic Act No. 9262.
WHEREFORE, above premises considered, it is most respectfully prayed that a protection order
be issued by the Court. Providing for such other forms of relief as the court may deem necessary
to protect and provide for the safety of petitioner and her children.

Counsel for Petitioner

Republic of the Philippines )


DUMAGUETE CITY ) s.s.
x- - - - - - - - - - - - - - - - - - - - - -x

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:
__________________________
__________________________

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