LAWS RELEVANT TO THE

PROTECTION OF WOMEN

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 INTERNATIONAL WOMANS RIGHTS
ECONOMIC
To own, dispose, and inherit property
Equality of treatment in the workplace
Maternity and leave and other special leaves exclusive for women
POLITICAL
To vote and to run for office
CIVIL
Legal and Contractual rights
Marriage
Basic Civil Rights
Freedom of Speech
Freedom of Religion
Freedom to change nationality
SOCIAL and CULTURAL
To control her own person
Equal access to education
Roles in religious/political/government/military institutions

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Philippine
Philippine Laws
Laws and
and Policies
Policies

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1987 Philippine Constitution

The State shall equally protect the life of the mother

and the life of the unborn from conception. [Sec. 12,
Art. II]

The State recognizes the role of women in nation-

building and shall recognize the fundamental
equality before the law of women and men. [Sec. 14,
Art. II]
Article XIII. Social Justice and Human Rights
Sec. 14 Protection of working women

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RA 7192 : "Women in Development
and Nation Building Act."

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Salient Features
1.) Women of legal age, regardless of civil status, shall have the
capacity to act and enter into contracts which shall in every
respect be equal to that of men under similar circumstances.
Capacity to borrow and obtain loans and execute security and
credit arrangement;
Equal access to all government and private sector programs
granting agricultural credit and loans;
Equal rights to act as incorporators and enter into insurance
contracts; and
Equal rights in applying for passport, secure visas and other
travel documents, without need to secure the consent of their
spouses. (Sec. 5.)

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Salient Features
2.) Women shall enjoy equal access to membership
in all social, civic and recreational clubs, committees,
associations and similar other organizations devoted
to public purpose. (Sec. 6.)
3.) Admission to Military Schools. (Sec. 7.)
4.) Married persons who devote full time to
managing the household and family affairs shall,
upon the working spouse's consent, be entitled to
voluntary coverage. The contributions due thereon
shall be deducted from the salary of the working
spouse. (Sec. 8.)

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RA 9710: MAGNA CARTA OF WOMEN

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POLICY

The equal opportunities for women

and men and ensure equal access to
resources and to development results
and outcome.

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Discrimination Against Women
It includes 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.

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When is there discrimination?
if it 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 and enjoyment of
opportunities and benefits

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Salient Features

Social Protection
Women Affected by Disasters, Calamities, and Other
Crisis Situations
Equal Access and Elimination of Discrimination in
Education, Scholarships, and Training
Women in Sports
Women in the Military.
Womens Right to Health.
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Salient Features
Special Leave Benefits for Women.
Equal Rights in All Matters Relating to
Marriage and Family Relations.
Right to Decent Work.
Right to Representation and
Participation.
Women in Especially Difficult
Circumstances

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RA 9262: Anti-Violence Against Women
and their Children Act 2004

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Continuum of Domestic Violence
PHYSICAL PUSHING PUNCHING SLAPPING KICKING
HOMICIDE USING
DEATH CHOKING THROWING
SUICIDE WEAPONS

VERBAL/ NAME CRITICIZING YOURE NO GOOD

EMOTIONAL CALLING

SUICIDE HUMILIATION ISOLATION YELLING IGNORING

SEXUAL UNWANTED TOUCHING SEXUAL NAME CALLING

RAPE/ HURTFUL FORCED FALSE UNFAITHFULNESS
DEATH SEX SEX ACCUSATIONS

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VAWC?
WHAT? Any act or series of acts committed by any
person against
a woman who may be the wife/former wife, with
whom the person has or had a sexual/dating
relationship, or with whom the abuser has a
common child; or
the womans child, whether legitimate or
illegitimate

WHERE? The acts are committed within or outside

the family residence.
WHEN? The acts result in physical, sexual,
psychological harm or suffering, economic abuse,
threats of such acts, battery, assault, coercion,
harassment or deprivation of liberty

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Cycle of Violence

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 EFFECT: BATTERED WOMAN SYNDROME

NO civil or criminal liability

NOT a ground to deny custody

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HOW COMMITTED?
"Physical Violence"
acts that include bodily or physical harm

"Psychological violence"
acts or omissions causing or likely to cause mental or
emotional suffering of the victim
intimidation, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse
and mental infidelity.
The physical, sexual or psychological abuse of a
member of the family to which the victim
belongs, abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody
and/or visitation of common children.
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"Sexual violence"
refers to an act which is sexual in nature, committed
against a woman or her child
a) rape, sexual harassment, acts of
lasciviousness, making demeaning and sexually
suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch
obscene publications or forcing the woman or her
child to do indecent acts
b) Prostituting the woman or child.

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"Economic abuse" refers to acts that make or attempt
to make a woman financially dependent
1. withdrawal of financial support or preventing
the victim from engaging in any legitimate profession,
business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral
grounds
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;
3. controlling the victims' own money or
properties or solely controlling the conjugal money or
properties.
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WHERE to FILE VAWC CASES?
FAMILY COURTS; or
Any RTC where the crime was committed.

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KINDS of PROTECTION ORDER

Barangay Protection Order

Temporary Protection Order
Permanent Protection Order

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WHO may FILE an APPLICATION for PO?
Victim
Parents or guardians of victim
Ascendants/descendants, relatives within the 4th
degree
DSWD social workers
Police officers
Punong Brgy or Brgy Kagawad
Lawyer, counselor, therapist
At least 2 concerned citizens of the municipality/city
where the violence took place.

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TPO & PPO

Enforceable ANYWHERE in the

Philippines
VIOLATION:
IMPRISONMENT up to 6 months
FINE: P5,000 to P50,000

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KEEP IN MIND
Being under the influence of drug or alcohol is NOT
a defense.

VAWC Cases are NOT subject to mediation or

conciliation proceedings.

Legally mandated paid leave up to 10 days.

Confidentiality of records.

Court can direct the Public Attorneys Office (PAO) to

represent the victim in her application for TPO/PPO
if she cannot afford legal service
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RA 7877 Anti-Sexual Harassment Law

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HOW COMMITTED : IN GENERAL
DEMAND, REQUEST any sexual favor,
REGARDLESS whether the demand, request or
requirement is ACCEPTED

ANY PERSON who DIRECTS or INDUCES another

to commit sexual harassment, or who
COOPERATES with another is ALSO LIABLE

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HOW COMMITTED: AT WORK
When any sexual favor is made as a condition
hiring, re-employment or continued employment
granting promotions or privileges

When refusal results in

Discrimination
Deprive or diminish employment opportunities
In an intimidating, hostile, or offensive
environment for the employee

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HOW COMMITTED : AT SCHOOL
Victim is under the care, custody or supervision
of the offender
The education, training, apprenticeship or
tutorship of the victim is entrusted to the
offender
When sexual favor is made as a condition to
The giving of a passing grade
The granting of honors or scholarships and
other benefits and privileges.
When the sexual advances result in an
intimidating, hostile, or offensive environment
for the student, trainee or apprentice
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 Although the law doesnt prohibit simple
teasing, offhand comments, or isolated
incidents that are not very serious,
harassment is illegal when it is so
frequent or severe that it creates a
hostile or offensive work environment or
when it results in an adverse
employment decision.
The harasser can be the victim's
supervisor, a supervisor in another area,
a co-worker, or someone who is not an
employee of the employer, such as a
client or customer.
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REMEDIES
ADMINISTRATIVE CASE
Civil Service Law
DOLE
CIVIL CASE
Article 2176, Civil Code
CRIMINAL LAW
Revised Penal Code
Anti-Sexual Harassment Act

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RA 8353: Rape

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 RAPE IS A PUBLIC CRIME!

Rape is now considered a public crime. This

means that any person who has knowledge of
the crime may file a complaint; consequently,
even if the victim withdraws her complaint, the
government may proceed with the case.

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RA 8353 ANTI-RAPE LAW
RAPE as a crime against persons
formerly classified as a crime against chastity; only chaste
women could have a successful prosecution for rape
prostituted women, married women, or women who have
had sexual experiences can file a case for rape
Marital rape
In case it is the legal husband who is
the offender, the subsequent forgiveness
by the wife as the offended party shall
extinguish the criminal action or the
penalty: Provided, That the crime shall
not be extinguished or the penalty shall
not be abated if the marriage is void ab
initio. [Art. 266-C]
Rape by sexual assault
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HOW COMMITTED
A man has sexual intercourse with a woman:
through force, threat or intimidation;
RAPE
when the victim is deprived of reason or is [traditional concept]
unconscious;
through fraudulent machination or grave abuse of
authority; and (moral ascendancy)
when the victim is under 12 years of age or is
demented, even if none of the above conditions are
present.
Any person who, under any of the above conditions,
commits an act of sexual assault through oral or anal sex
or by inserting the penis or any instrument or object into
the anal or genital orifice of another person.
SEXUAL
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ASSAULT
EVIDENTIARY PRESUMPTIONS

Any PHYSICAL OVERT ACT manifesting

RESISTANCE against the act of rape in any degree
from the OFFENDED PARTY, or where the
offended party is so situated as to render
her/him INCAPABLE of GIVING VALID CONSENT,
may be accepted as evidence in the prosecution
of RAPE.

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RAPE SHIELD RULE

In prosecutions for rape, evidence of complainant's

past sexual conduct, opinion thereof or of his/her
reputation shall not be admitted unless, and only to
the extent that the court finds, that such evidence is
material and relevant to the case.
RA 8505 [ Rape Victim Assistance & Protection Act of 1998 ]

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SUPREME COURT DECISIONS

An accused may be convicted of rape on the SOLE

TESTIMONY of the offended woman.

A rape victim does not have the BURDEN of PROVING

RESISTANCE.

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PROHIBITED ACTS:
Establish or carry on a business which has for its purpose the
matching of Filipino women for marriage to foreign nationals either
on a mail order basis or personal introduction;
Advertise, publish any brochure, flier or any propaganda material
calculated to promote the prohibited acts;
Solicit, enlist or in any manner attract or introduce any Filipino
woman to become a member in any club or association whose
objective is to match women for marriage to foreign nationals either
on a mail order basis or through personal introduction for a fee
Use the postal service to promote the prohibited acts

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 Act No. 3815 Revised Penal Code

Acts of lasciviousness (Art. 336)

Qualified seduction (Art. 338)
Corruption of minors (Art. 340)
Forcible abduction (Art. 342)
Consented abduction (Art. 343)

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Acts of Lasciviousness

The essence of acts of lasciviousness is lewd designs,

that is, deriving vicarious pleasures from acts
performed on the person of the victim.

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Qualified Seduction
The seduction of a virgin over twelve years and
under eighteen years of age, committed by any
person in public authority, priest, house-servant,
domestic, guardian, teacher, or any person who, in
any capacity, who is entrusted with the education
or custody of the woman seduced.
The essence of this crime is abuse of authority,
confidence or relationship.
If below 12? RAPE
If above 12 but below 18 without qualifying
circumstance? SIMPLE SEDUCTION

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Corruption of Minors
Any person who shall promote or facilitate the
prostitution or corruption of persons under age to
satisfy the lust of another.
Corruption of minors may have as victims persons
of either sex who are under age. It may be
committed by a single act and it may not necessarily
be for profit.

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 Abduction
Forcible abduction (Art. 342):
The abduction of any woman against
her will and with lewd designs.
There was consent but the child is
below 12 years old
Deceit is considered as constructive
force. If consent was obtained through
deceit.
Consented abduction (Art. 343):
The virgin is over twelve and under
eighteen years of age carried with her
consent and with lewd design.
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Rep. Act N0. 9995
Anti-Photo and Video Voyeurism Act of
2009 Unlawful to take photo or video
coverage of a person or group
performing sexual act or other
similar activity or to capture an
image of the private parts of a
person without consent and under
circumstances in which persons
have reasonable expectation of
privacy.

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 WOMEN DEVELOPMENT CODE
LOCAL LAW or CITY ORDINANCE NO. 5004
Approved in October 14, 1997

It provides for the

creation of IGDD which
shall act as the
regulatory, coordinative
and monitoring body
responsible in its
implementation

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 Women's Health Care Clinic Ordinance
of Davao City
CITY ORDINANCE NO. 353, S. 2010
The rights of individuals and couples, subject to
applicable laws to:

Family Planning

Have the information and means to carry out their

decisions

Attain the highest standards of sexual and

reproductive health

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Seat Ordinance

Requires all private establishments operating and/or

doing business within Davao City to provide all their
female employees / workers doing work in their
establishments with seats and allow them to use the
same during the performance of their work and
providing penalties for violations thereof.

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