CHAPTER IV

POLITICAL – LEGAL PERSPECTIVE

IN GENDER AND SEXUALITY

GENDER-BASED VIOLENCE: SURVIVOR, VICTIM,

PERPETRATOR, AND HUMAN RIGHTS

LESSON 12

OUTCOME:
1|G
AtE the
E 1end
0 2of–theG lesson,
E N D Estudent
R A N should
D S O CbeI Eable
T Y to:
1. understand the definition of gender-based violence, other related
terms, and its forms and consequences
Introduction
Gender-based violence is one of the most widespread and human rights abuses,
but least recognized in the world. It refers to any harm perpetrated against a person's will
on the basis of gender, the socially ascribed differences between males and females,

Gender-based violence has devastating consequences not only for victims, but
also for society as a whole. (Sigal et.al 2013) It results in physical, sexual, and
psychological harm to both men and women and includes any form of violence or abuse
that targets men or women on the basis of their sex.

In the Philippines, gender-based violence has clearly been placed in the realm of
Women's human rights over the past decade. Prior to 1993, most governments regarded
violence against women largely as a private matter between individuals. (Loi et. al 1999)

Gender-based violence experienced by women and girls refers to battering and

other forms of intimate partner violence including marital rape, sexual violence, dowry-
related violence, female infanticide, sexual abuse of female children in the household,
honor crimes, early marriage, forced marriage, female genital cutting and other traditional
practices harmful to women, sexual harassment in the workplace and educational
institutions, commercial sexual exploitation, trafficking of girls and women, and violence
perpetrated against domestic workers. (USAID 2009)
Gender-based violence cuts across public and private spheres, including: home,
school, and work, and takes place during peacetime and conflict. It is both a human rights
and development issue, with negative consequences for both women and men.

CONSEQUENCES OF GENDER-BASED VIOLENCE

These consequences include serious, immediate, and long-term impacts on the sexual,
physical, and psychological health of survivors. Health consequences include unwanted
pregnàncies, complications from unsafe abortions, sexually transmitted infections

2|GEE 102 – GENDER AND SOCIETY

including HIV, injuries, mental health, and psychosocial effects (depression, anxiety,
post-traumatic stress, suicide and death). Violence also affects children's survival,
development, and school participation.
Social consequences extend to families and communities. Families can also be
stigmatized as a consequence of gender-based violence. For example, when children are
born following a rape, or if family members choose to stand by a survivor, fellow
members of their community may avoid them.
Economic consequences include the cost of public health and social welfare
systems and the reduced ability of many survivors to participate in social and economic
life. (World Health Organization, Global and Regional Estimates of Violence against
Women 2013, http://bit. ly/1oTfGVG).

SURVIVOR, VICTIM, AND PERPETRATOR

Survivor is the preferred term (not a "victim") of a person who has lived through
an incident of gender-based violence. A perpetrator is a person, group, or institution that
inflicts, supports, or condones violence or other abuse against a person or group of
persons.

Characteristics of perpetrators include:

a. persons with real or perceived power;

b. persons in decision-making positions; and
c. persons in authority.
In all incidents of GBV, there is always a survivor/victim and a perpetrator.
Therefore, all actions in the prevention and responses to GBV need to address both the
survivor and the perpetrator.

Human Rights

Human rights are universal, inalienable, indivisible, interconnected, and interdependent.

Everyone is entitled to all the rights and freedoms without distinction of any kind, such as
race, color, sex, language, religion, political or other opinion, national or social origin,
property, birth, or other status.
Prevention of and response to gender-based violence is directly linked to the
protection of human rights. Acts of gender-based violence violate a number of human
rights principles enshrined in international human rights instruments and in our
Philippine Constitution.

These include the following, amongst others:

 the right to life, liberty, and property of persons;
 the right to the highest attainable standard of physical and mental health;
 the right to freedom from torture or cruel, inhuman, or degrading treatment or
 punishment;

3|GEE 102 – GENDER AND SOCIETY

  the right to freedom of opinion and expression and to education;
(UNFPA 2014).

SUMMARY

GBV is a worldwide phenomenon which must be given attention nationally and

internationally. The consequences capture almost all spheres of our lives (family,
socially economically, and health). A main focus of gender-based violence is violence
against womnen (VAW) aftecting women and girls across their lifespan. VAW also
covers a continuum of violence which appeared to be unending, with an array of
elements of abuse, coercion, or force.
The survivor and perpetrator are important actors in GBV and VAW cases.
GBV and
VAW are clear violations of human rights. All these point to the essence that these acts
of violence are a global and national concern.

Assessment
1. Search the Internet for news regarding GBV. Analyze the news and identify the
institutions, the survivor and perpetrator, and the rights violated. Write your
answers below.

References
Peralta, Eric Paul D., et.al. (2019). Gender and Society: A Human Ecological Approach.
pp. 115-121.

LESSON 13 WOMEN AND THE LAW

OUTCOME:
4 | At
G Ethe
E end
1 0 2of –theGlesson,
E N D Estudent
R A Nshould
D S O be
C Iable
E T Yto:
1. know about the various Philippine laws affecting women;
2. identify the various rights of women; and
3. understand the impact of these laws and rights to the Filipino woman and
INTRODUCTION
The 1987 Constitution

The Philippines is known for its very liberal and progressive Constitution that was
formulated during the euphoria of People Power Revolution in 1986. Gender equality is a
key element of this Charter and as enshrined in Article II Section 14 of the 1987
Constitution, "the State recognizes the role of women in nation-building and shall ensure
the fundamental equality before the law of women and men."
Considering the unequal gender relations in the country, the Constitution further
provided for women representation (as one of the nine marginalized sectors) in the
legislature through the party-list system (which should cover 20% of the lower house)
Finally, Article 13 Section 14 specifically mentioned 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.
These specific provisions served as bases to several legislations about women. As
a result, laws of women became aplenty, anchored from the constitutional provisions
mentioned. The lack or sufficiency of these specific provisions depends on the existing
current need of the country.

Various Laws Promoting Gender Equality

The legal framework provided for by the 1987 Constitution resulted to various
legislations promoting gender equality. These legislations include the following:
 Local Government Code of 1991. Provides for the election of sectoral
representation, including women, in local legislative councils.
 Party List Law. Provides for the creation of women-oriented or women-based
parties to compete under the party-list system. Women is one of the nine sectors
identifed in the law.
 Labor Code (1989). Covers issues, such as night work prohibition, specifies that
employers must provide special facilities for women, prohibition of
discrimination against women in respect to terms and conditions of employment,
and prohibition of discrimination by reason of marriage of a woman worker.
 Women in Nation Building Law. Republic Act 7192 (199) is an act promoting the
integration of women as full and equal partners of men in development and

5|GEE 102 – GENDER AND SOCIETY

 nation-building. The law provides that a substantial portion of government
resources be utilized to support programs and activities for women. The law also
encourages the full participation and involvement of women in the development
process and to remove gender bias in all government regulations and procedures
In relation to gender budgeting the law specifically mandated all agencies
to allocate a minimum of 5%, increasing to 30%, of all official development funds
in mainstreaming gender concerns.
 1988 Comprehensive Agrarian Reform Law. Gave Filipino women the right to
own land that previously reverted to sons and other male family members.
 Republic Act 7688 (1994). An act giving representation to women in social
security commission.
 Anti-Sexual Harassment Law. RA 7877 (1995). An act declaring sexual
harassment to be unlawful in the employment, education, or training environment.
 Republic Act 7822 (1995). An act providing assistance to women engaging in
micro and cottage business enterprises.
 Republic Act 8353 (1997). An act expanding the definition of the crime of rape
reclassifying the same as a crime against persons.

These laws not only promote gender equality, but also gives protection to women
rights and enhances women empowerment.

The laws listed above should always be remembered since these are the very basic laws
on women's rights and women empowerment. Women's rights and women empowerment
are very important to the Philippine society as this ensures inclusive growth and
development of our country.

National Programs
Based on the Philippine laws stated, a myriad of projects, initiatives, and
processes on the gender challenge arose. This includes the following:
 Philippine Plan for Gender Responsive Development (1995-2025). The National
Plan for Women that consolidates the action commitments of the Philippines
during the Beijing World Conference on Women. This is the overall frame that is
also the point of reference for the discussions and monitoring of gender
mainstreaming.
 Gender and Development Budget (GAD). Integral to the national plan, it is aimed
at "institutionalizing gender concerns in the mainstream development process and
agenda and not just peripheral programs and projects of the government".
Concretely, it prescribes for the allocation of 5% of the government agency's/local
government unit's budget on gender-responsive activities and projects. As a result
implementation of the development programs and policies of government also
means women partaking a role in governance. As primarily stakeholders in the
development process, women have the right to maximize their involvement in
governance, be it at the local or national level.

6|GEE 102 – GENDER AND SOCIETY

  Framework Plan for Women (FPW). This is part of the Philippine Plan for
Women developed to focus on three thrusts, namely: promoting women economic
empowerment; advance and protect women human rights; and promote gender
responsive governance. This plan identifies the concrete gender issues that will be
addressed, pinpoint targets and indicators, name programs, formulates the
implementation plan, and set-up tools for monitoring and evaluation.

Women's Right to Participate

Women's right to vote was granted in 1937. The Constitution of 1935 stipulated
that the right of suffrage would be extended to women, only if 3oo,o00 women voted in
its favor during a national plebiscite. This consolidated the emerging women's movement
and brought to the fore the activism of such women as Concepcion Felix de Calderon
who formed the Asociacion Feminista Filipina in June 1905, Rosa Sevilla de Alvero and
a young Trinidad Almeda, Miss Constancia Poblete, founder of Liga Femenina de la Paz,
Pura Villanueva Kalaw and Paz Mendoza Guazon, Pilar Hidalgo Lim, President of the
National Federation of Women's Clubs and Josefa Llanes Escoda, president of the Girl
Scouts of the Philippines" (Ugnayan ng Kababaihan sa Pulitika 1998).
The General Council of Women was then established in Manila to direct the
plebiscite campaign. Its aim was to draw the support of the broadest number of women.
As it turned out, 447.725 women voted yes in the 1937 plebiscite. Interestingly, 44.307
women voted against the provision. What followed was a colorful history of women's
foray into the various levels of electoral victories, but generally pushed by familial
aftiliation and elite association.
At present, women's right to vote and participate are maintained and further
protected by existing laws at hand.

Women's Involvement in Civil Society

Women's expressions of involvement in civil society could be through organizing
along gender-specific issues and formation of all-women groups within broad coalitions
as power-enhancing mechanisms. Groups such as the PILIPINA feminist movement, the
militant GABRIELA women's group, the Ugnayan ng Kababaihan sa Pulitika (UKP –
Network of Women in Politics), the KILOS KABARO (Act Sisters Coalition), and
SIBOL Legislative Network have trail blazed women advocacies both in policies and in
legislations.

There also exist a so-called "Philippine NGO Beijing Score Board" which
evolved from the National Steering Committee (NSC) of NGOs for the United Nations
Fourth World Conference on Women, and this lead in the national monitoring of the
government's implementation of the Beijing Platform for Action.
Along with other women groups and gender-oriented institutions, they have
succeeded in raising gender-specific issues such as domestic violence, prostitution,
reproductive health, sexual harassment, and rape. Intense lobbying efforts by the
women's groups resulted in the passage of several landmark laws, among them is the anti-
sexual harassment law in 1995 and the anti-rape act in 1997. The gains of the women's

7|GEE 102 – GENDER AND SOCIETY

movement are basically achieved through various partnerships with the rest of the civil
society.

Women and Education

The Philippine educational system is a combination of public and private

institutions with the State providing free education for elementary and secondary levels.
The Constitution provides that without "…limiting the natural rights of parents to rear
their children, elementary education is compulsory for all children of school age...
( Article VIX, Section 2).

There is no general discrimination of girls in education, thus, there is no marked

differences existing in the educational status of Filipino women and men. One glaring
issues the gender stereoryping of fields of study and specialization and its onward
translation into the world of work where men generally occupy the highest occupational
ranks and the highest paying positions.
Women larger responsibility for housework and for the family impedes their
ability to use their educational training and skills for remunerative work.
The topics previously discussed are always timely, relevant, and part and parcel of
the daily lives of the Filipinos. These only show the degree of importance that must be
given to these topics.

Summary

Laws on Filipino women are aplenty, from the fundamental law of the land up
to existing legislations. It can be projected that more such legislations shall arise in the
future. These laws are essential as they can be springboards of various national
programs, women involvement, participation, and inclusion-all towards the highest goal
of empowering women.

ASSESSMENT
1. Do the number of laws, programs, and rights of women discussed indicate that the
Filipino women are already empowered?

8|GEE 102 – GENDER AND SOCIETY

2. Utilizing your knowledge now of the laws, programs, and rights of women, what can
you do to uplift women empowerment in the Philippines?

References
Peralta, Eric Paul D., et.al. (2019). Gender and Society: A Human Ecological Approach.
pp. 115-121.

LESSON 14 REPUBLIC ACT NO. 9262

9|GEE 102 – GENDER AND SOCIETY

 OUTCOME:
At the end of the lesson, student should be able to:
1. discuss the important provisions of VAWC Act or RA 9262;
2. understand the details of its commission; and
3. comprehend actual cases involving the said law.

Introduction
The Republic Act 9262, or the Anti-Violence against Women and their Children
(Anti-VAWC) Act of 2004, is a result of the strong advocacies on women's human rights
in the country. This law was deemed to be a significant victory for all Filipino women as
it was based on the right of women not to suffer abuse, discrimination, and violence in
their respective relationships.

Important features of the law include:

1. four kinds of violence against women and children are defined-the law defined
four kinds of violence-physical, psychological, sexual, and economic-in its effort
to encompass all types of abuses inflicted to women and their children;
2. VAWC is a public crime-the crime is perpetrated not only against a single
individual, but against the entire society, thus, anyone who has personal
knowledge of the abuse, violence, or discrimination can file a complaint;
3. protection orders can be issued against the perpetrator-upon filing the case, the
victim-survivor or anyone who has personal knowledge can apply for a protection
order to enforce distance between her and the perpetrator; and
4. stronger community mechanisms to respond to cases-various government
agencies are mandated to aptly respond or formulate mechanisms to respond to
reported cases of VAWC immediately.

Protection Orders
A protection order under the Anti-VAWC Law is defined as:

“… an order issued… for the purpose of preventing further acts of violence against a
woman and her child specified in Section of this Act and granting other necessary relief.
The relief granted under a protection order should serve the purpose of safeguarding the
victim, minimizing any disruption in the victim daily life, and facilitating the opportunity
and ability of the victim to independently gain control of her life."

10 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
 The law enumerates the following reliefs that may be availed of through a
protection order
1. prohibition of the respondent (perpetrator) from threatening to commit or
committing personally or through another, any of the acts penalized by the Anti-
VAWC law.
2. prohibition of the respondent from harassing, annoying, telephoning, contacting,
or otherwise, communicating with the petitioner (victim-survivor) directly or
indirecly;
3. removal and exclusion of the respondent from the residence of the petitioner
whether temporarily or permanently;
4. directing the respondent to stay away from the petitioner and any designated
family or household member at a distance specified by the court;
5. directing lawful possession and use by the petitioner of an automobile and other
personal effects regardless of ownership
6. granting temporary or permanent custody of a child/children to the petitioner
7. directing the respondent to provide support to the woman and/or her child if
entitled to legal support;
8. prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same, including revocation of license and
disqualification to apply for any license to use or possess a firearm;
9. restitution for actual damages caused by violence inflicted including property
damage, medical expenses, and loss of income;
10. directing the Department of Social Welfare and Development (DSWD) or any
appropriate agency to provide temporary shelter and other social services that the
petitioner may need; and
11. provision of other forms of relief as may be necessary to protect and provide for
the safety of the petitioner.

Rights of Victim-Survivors of VAWC Cases

RA 9262 specified the following as rights of the victim-survivors:

"Section 35. Rights of Victims-In addition to their rights under existing laws, victims of
violence against women and their children shall have the following rights:
a. to be treated with respect and dignity:
b. to avail of legal assistance from the Public Attorney's Office and the Department
of Justice or any public legal assistance office;
c. to be entitled to support services from the DSWD and the LGUs (local
government units);
d. to be entitled to all legal remedies and support as provided for under the Family
Code; and
e. to be informed of their right to apply for a protection order"

The right to privacy of the victim is also provided in the law, and its violation is
punishable by imprisonment and fine.

11 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
Duties of National and Local Government Offices

Section 39 of RA 9262 provides for the creation of the Inter-Agency Council on

Violence against Women and their Children (LAC-VAWC), which shall- formulate
gender-sensitive and projects according to their respective agency mandates, including
capability programs and building programs for their employees

The LAC-VAWC consists of the following agencies: DSWD National

Commission on Role of Filipino Women, Civil Service Commission, Commission on
Human Rights, Council for the Welfare of Children, Department of Justice, Department
of Interior and Local Government, Philippine National Police, Department of Health,
Department of Education, Department of Labor and Employment, and National Bureau
of Investigation.
The implementing rules and regulations of the Anti-VAWC Act state the
following duties and responsibilities of LGUs or the Barangay in addressing VAWC
cases, apart from the issuances of Barangay Protection Orders: "Section 47. Duties and
Functions of Barangay Officials--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;
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;
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;
g. develop a system to document and report cases of VAWC and assistance
program to victims thereof; an
h. if applicable / necessary, prescribe additional guidelines and standards
provided that these are consistent with the Act.

The roles of the National and Local Government Units are valuable in the
implementation of the VAWC Act. You will realize whether the specific Barangay
interviewed was fulfilling its duties in accordance to law.

ACTUAL CASES

12 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
 The Supreme Court of the Philippines ruled on several cases involving violations
of the Anti-VAWC Act or RA 9262.

CASE 1 (Dinamling vs CA, GR 199522, June 22, 2015)

Ricky Dinamling, a policeman, was in a five-year relationship with AAA. They
had two common children, aged four and two. One night, he went to AAA's boarding
house with a friend after a drinking session. As AAA was putting the children to bed, he
started to evict her for the reason that she was using the place as a "whore house" wherein
she "brought her partners." She did not want to leave, but he threw a baby's feeding bottle
outside. She went to BBB's house and requested to fetch her children. However,
Dinamling already left the boarding house with the older child and only the baby was left
In the past, he would hit AAAs head, pull her hair, and kick her. When AAA went
to the police, she was merely told that it was a family problem that could be talked over.
Six (6) days after the incident, AAA was at CCCs house when Dinamling arrived shouted
and counted down for AAA to come out. When she came out, Dinamling punce her at the
left ear, which subsequently bled. When AAA asked him why he kept on following her
when she already had left him, Dinamling shouted her family name and told her she was
"good-for-nothing." AAA left for the barangay captain's house, but Dinamling caught up
with her and kicked her until she fell to the ground. On the road, Dinamling pulled down
AAAs pants and panty and shouted at her while people looked on. Dinamling then, threw
the pants and panty back at AAA and shouted her family name. Dinamling, then
intoxicated, left on a motorcycle. AAA stayed at her friend's home until she felt some
back pain in the next morning. She found out she was bleeding and about to miscarry so
she was immediately brought to the hospital. There, she was told that she was 19 weeks
pregnant and had an incomplete abortion. She was hospitalized for four days. Dinamling
visited her but showed no remorse over his acts. Dinamling was charged for violations
RA No. 9262.

CASE 2 (Ang vs CA and Sagud; GR 182835, April z20, 2010)

After receiving from the accused Rustan via multimedia message service (MMS),
a picture of a naked woman with her face superimposed on the hgure. Complainant hled
an action against said accused for violation of the VAWC Act or Republic Act (R.A)
9262.
The sender's cellphone number, stated in the message, was o921-8084768, one of the
numbers that Rustan used. Irish surmised that he copied the picture of her face from a
shot he took when they were in Baguio in 2003. The accused said to have boasted that it
would be easy for him to create similarly scandalous pictures of her and threatened to
spread the picture he sent through the Internet.

Summary

The VAWC Act is a landmark legislation championing the cause of women.

This specific law pertains to specific violations captured as four (4) acts of violence
defined in the law. Also, VAWC was considered to be a public crime allowing
13other
| G E persons
E 1 0 2 to– file
G Ethe
N Dcomplaint,
E R A N D not
S Oonly
C I Ethe
T Y victim-survivor. Further, the law
allows protection orders distancing the perpetrator from the victim and vice versa
for several purposes as provided tor therein. Importantly, government units are
Assessment
1. What knowledge obtained about Anti-VAWC Act or RA 9262 will be useful to
you, your family, community, and society?
2. Provide specific ways on how can this knowledge be realized in your family,
community, and society.

References

LAWS AND POLICIES ON VIOLENCE AND

LESSON 15 DISCRIMINATION OF THE MEMBERS OF
LGBTQ+
14 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
 OUTCOME:
At the end of the lesson, student should be able to:
1. determine the various Philippine Laws and policies for protection of
rights of members of LGBTQ
2. identify the different Anti-Discriminatory laws and policies; and
3. know the acts leading to violations of these laws and policies.

INTRODUCTION
The 1987 Constitution (Equal Protection and Due Process Clause)
The 1987 Philippine Constitution states that: "The State values the dignity of
every human person and guarantees full respect for human rights." Apart from this, the
1987 Constitution enshrines in its due process and equal protection clauses that: "No
person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws." (Article 3, Sec 1, 1987 Philippine
Constitution)
As the fundamental law of the land, the guarantees on equality, lawful processes,
and the paramount consideration on ensuring human dignity and respect for human rights
in these provisions serve as the basis for the protection of the rights of members of the
LGTBQ+.

The 2010 Supreme Court Decision in the "Ang Ladlad" case (Ang Ladlad LGBT
Party vs. Comelec GR 190582 8 April 2010) considered the breadth of the equal
protection clause in the Constitution. The court ruled in favor of allowing "Ang Ladlad"
to be a party-list reasoning that:
“From the standpoint ofthe political process, the lesbian, gay, bisexual,
and transgender have the same interest in participating in the party-list system
on the same basis as other political parties similarly situated. Hence, laws of
general application should apply with equal force to LGBTs, and they deserve
to participate in the party-list system on the same basis as other marginalized
and under-represented sectors."

Violence and Discrimination

Despite widespread anecdotal evidence of crimes perpetrated against the

LGBTQ+ community in the Philippines, most data on these cases have not undergone
official verification and collation.
In March 2016, the Trans Murder Monitoring Project listed 41 reported cases of
transgender people murdered in the country since 20o8.

15 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
 The case of Jennifer Laude awakened members of the LGBTQ+ of the violence
and discrimination impending against them. This awareness and the opinions culled out
must he known to enable critical thinking and sharing of thoughts and ideas.

Violence and Discrimination against LGBTQ+ Youth in Education

A. Anti-Bullying Act of 2013 (Republic Act 10627)

Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based bullying
as a prohibited and punishable act.
Gender-based bullying is defined as "any act that humiliates or excludes a person
on the basis of perceived or actual sexual orientation and gender identity (SOG)
(Republic Act No. 10627).

B. Child Protection Policy 2012

In cases where the bullying is committed by a Principal, teacher or any other
school personnel, the law being violated is Department of Education Order No. 40 on
Child Protection Policy. This policy includes the protection of students from any form of
violence regardless of their sexual orientation or gender identity.

C. Special Protection of Children Against Child Abuse, Exploitation, And

Discrimination Act of 1992 (Anti-Child Abuse Act or Republic Act 7610)

Parents of children who suffer abuse at the hands of teachers or members of the
school's administration violates RA 761o or the Anti-Child Abuse Act.
Such cases can cover instances of physical, psychological injury, or cruelty on the
basis of the child's SOGI.

Violence and Discrimination against LGBTQ+ in the Workplace

a. The Labor Code of the Philippines (PD 442)

The Labor Code is the national law covering employment for the private sector in
the Philippines. With the exception of prohibitions against discrimination of women, it
does not contain any provision that prohibits discrimination on the basis of gender
identity, particularly on the members of the LGBTQ+.
Nonetheless, while the law is quiet on gender identity and expression, it is clear in
its Declaration of Policy (Article 3) that the "State shall afford protection to labor,
promote for employment, ensure equal work opportunities."
Clearly, the mandate for equal opportunity in employment is clear. But, the reality
Shows a different picture since members of the LGBTQ+ encounter hardship in accessing
work opportunities because of discrimination.

The absence of a national law that explicitly prohibits discrimination on the basis
of gender identity makes it easier for employers to hide behind fabricated reasons for not
accepting, firing, or depriving members of the LGBTQ+ of their employment benefits.

16 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
Often policies on uniform, documents, and use of comfort rooms are used against
members of the LGBTQ+ employees and even applicants.

b. CSC No. 01-0940-the Civil Service Commission's Policy on Anti-Sexual

Harassment

The Civil Service Commission Administrative Disciplinary Rules on Sexual

Harassment Cases includes other less grave, punishable offences. These include
prohibiting"derogatory and degrading remarks or innuendoes directed toward the
members of one's sex, or one's sexual orientation or used to describe a person
This Rule applies to all government entities that fall under the Civil Service
jurisdiction. The policy is important because it explicitly covers derogatory remarks
regarding sex, sexual orientation, or other remarks that are used as description of a person
with the intention to insult. In addition, this policy for government agencies does not
require that the offender has moral ascendancy over the victim.
The fact that the perpetrator and the victim are of the same level or position will
not preclude the victim from filing a case. While gender identitry is not specifically
mentioned as a ground, if a LGBTQ+ civil servant is harassed verbally by co-workers,
they would the able to " rely on the generic protection from "derogatory and degrading
remarks".

Both cases are landmark Supreme Court decisions ivolving rights of LGBTQ+. In
the case of City of Manila v Laguio, the Supreme Court upheld adults' right to privacy
and included the right to have sexual relations in the confines of their private lives.
In the Gualberto v CA, in a custody dispute between a husband and wife, the
Supreme Court awarded custody of a four-year old child to his mother despite the fathers
argument of immorality against his wife who' was "allegedly" in a lesbian relationship.
The above decisions will surely have implications to members of the LGBTQ+
community.

In the 2007 case of Silverio v Republic of the Philippines, the Supreme Court
(SC) ruled against petitioner Silverio's wish to change her first name and gender marker
on her birth certificate Mely Silverio who underwent "sexual reassignment surgery"
initially won in the trial court. The Office of the Solicitor General (OSG) intervened
thereafter, arguing in the Court of Appeals (CA) that the Regional Trial Court of Manila
was mistaken in its ruling due to the fact that that there is no law allowing change of first
name on the basis of "sexual alteration". The CA ruled against Mely Silverio and the SC
affirmed the CA ruling.
In this case, the SC ruled that there was no mistake to be corrected as the birth
record is not in dispute, as the sex of the person was determined by the birth attendant at
the time of birth.
It elaborated that "sex" as a term does not contemplate inclusion of persons who
have undergone "sex reassignment". Likewise, it argued that allowing her to change her
name and gender marker will alter established laws on marriage and family relations. In

17 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
the 2008 case of Republic of the Philippines v Jennifer Cagandahan, the Court ruled in
favor of a name change to Jeff Cagandahan on the ground that Jeff had an intersex
variation, Congenital Adrenal Hyperplasia (CAH). The Court agreed with Jeff 's ability to
self-define his sex because he "has simply let nature take its course and has not taken
unnatural stepsto arrest or interfere with what he was born with'".
This focus on biological sex is consistent with the Court's contrary position for
transgender people, who are deemed to be attempting to change their biological sex. is is
apparent when the Court favorably notes that Jeff "could have undergone treatment and
taken steps, like taking lifelong medication to force his body into the categorical mold of
a female, but, he did not".
Furthermore, the Court in ruling for the change of name, clarified its effect on
Jeff’s gender marker. Such a change will conform with the change ofthe entry in his birth
certificate from female to male.

Summary
The Philippines have various Anti-Discriminatory Policies for members ofthe
LGBTQ*However, these policies are not yet sufficient and a national law on anti-
discrimination is still wanted. Cases in the SC already involve topics and issues of
LGBTQ+, making this mate of high importance already. Nonetheless, the rampancy of
discrimination of members LGBTQ+ are prevalent-a huge issue that the Philippines must
address.

ASSESSMENT
1. Why do we need to protect and promote the rights of the members of the
LGBTQ+.
2. What can you do to further the protection and protection of the members of the
LGBTQ+ at home, in school, and in your community?

REFERENCES

18 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
 DISCRIMINATION ON THE BASIS OF
LESSON 16
(SOGIE) IN THE PHILIPPINES

OUTCOME:
At the end of the lesson, student should be able to:
1. Understand the issues on human rights violations and discrimination
on the basis of SOGIE;
2. Understand the impact of human rights violations and discrimination
to the Filipino Society; and
3. Formulate activities and programs to address these human rights
violations and discrimination on the basis of SOGIE.

INTRODUCTION
LGUs from different cities all over the Philippines have been proactive in
passing and filing city ordinances banning LGBT discrimination.
Presently, the Anti-Discriminatory Bill is still pending before the Congress. This
bill is expected to be signed into law before the end of the Duterte Administration. Prior
to these bills, several LGUs have enacted ordinances and resolutions to address these
issues.
In Quezon City, anti-discrimination in employment was enacted in 2004 and
LGBT- friendly provisions are supplemented in the Quezon City Gender and
Development Ordinance. Albay Province and Bacolod City passed an anti-discrimination
ordinance Angeles City not only passed anti- discrimination legislation, but created a Gay
Rights Desk as well.
In the House of Representatives, Representative Raymond Palatino of the
Kabataan Partylist filed House Resolution No.133, which seeks to investigate prejudicial,
discriminatory and unjust practices and policies against LGBT students implemented and
tolerated in schools, partnering with the DepEd and other government agencies to explore
the inclusion of a Comprehensive Gender Curriculum on basic and secondary education
and in vocational and technical school to incorporate discussion on issues of LGBT
persons.
In May of 2012, the DepEd issued DepEd Order No.40or, "The DepEd Child
Protection Policy" to guarantee the protection of children in schools from any form of
violence, abuse, or exploitation regardless of sexual orientation and gender identity.

Effect of State Discrimination in Society

19 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
 The State's treatment of LGBT individuals intensifies discrimination on the basis
of SOGIE within Philippines society and social institutions.
Being young and not conforming to the gender roles assigned to one's sex
increases the risk of discrimination and abuse for LGBT persons. This victimization is
aggravated by the absence of support mechanisms and school policies addressing this
concern, as well as the failure of schools to safeguard students from being abused by
other students, staff, administrators, and teachers. The discrimination LGBT students face
in schools not only violates the right to be free from discrimination but prevents these
individuals from the enjoyment of numerous other rights in the Covenant as well.
Homophobia, the stigma and prejudice toward LGBT persons, are very present
within Filipino society, creating a dangerous climate of hostility toward LGBT people.
LGBT youth are often targeted by parents who, upon discovering their child's sexual
orientation and/or gender identity, feel compelled to inflict physical harm on them out of
frustration or in an attempt to prevent their child from expressing their sexuality

Discrimination by the Catholic Church

The Catholic Bishops Conference of the Philippines (CBCP) and Episcopal
Commission on Family and Life (ECFL) has been fervently demanding Congress for the
removal of "sex, gender, sexual orientation and gender identity" in the comprehensive
anti-discrimination ordinances filed in the Senate and in the House of Representatives,
claiming that its inclusion will only "create problems regarding ethics, marriage, the
family and religious freedom" and reasons that "the difference in sex or gender does not
belong to the same level as the difference in race, color, religion, or ethnicity"
Antagonists of the anti-discrimination bill claim that the passage of an anti-
discrimination legislation will open the door for same-sex marriages. A provision
allowing same-sex marriage was not present in the anti-discrimination bill at the time of
its introduction first filing and has never been added.

Participation of the members of LGBTQ+ in Public Life

Article 25 of the Convention provides for the right of each citizen to participate in
public affairs, to vote, and to have equal access to public service in the country. These
rights are provided free of unreasonable restriction and free from distinctions made on the
basis of sex, which as mentioned above, includes sexual orientation.

Discrimination in the Military

Through their media announcements, it seems on the surface that the Philippine
military and the police are adhering to the non-discrimination clause of the Philippine
Constitution (Art 2) and the ICCPR by its declaration of openness to admit gays, lesbians,
and bisexual persons in military and police service.
Upon closer inspection, the additional conditions required from gay, lesbian, and
bisexual applicants and cadets demonstrate lingering prejudices and negative stereotypes
toward LGBT person. Also, the military's apparent strict adherence exclusively towards

20 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
heterosexist gender binary (masculine and feminine) roles discriminate against those that
fall short to this standard and are considered as the benchmark of what constitutes being
decent, proper and respectful.
The generalized negative stereotyping of LGBT persons and the misconception
that a person's sexual orientation defines one's gender expression are most evident on the
common position of the APF, PNP and PMA towards gay and effeminate behavior.
The identification of sources of discrimination is vital so that you will know how
these acts are committed or performed by the social institutions, their respective actors.
The unified output can result to a class program or activity addressing this concern.

Summary
The Philippines have various Anti-Discriminatory Policies for members ofthe
LGBTQ*However, these policies are not yet sufficient and a national law on anti-
discrimination is still wanted. Cases in the SC already involve topics and issues of
LGBTQ+, making this mate of high importance already. Nonetheless, the rampancy of
discrimination of members LGBTQ+ are prevalent-a huge issue that the Philippines must
address.

ASSESSMENT
1. Why do we need to protect and promote the rights of the members of the
LGBTQ+.
2. What can you do to further the protection and protection of the members of the
LGBTQ+ at home, in school, and in your community?

REFERENCES

21 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
LESSON 17 UNDERSTANDING SEXUAL HARASSMENT

OUTCOME:
At the end of the lesson, student should be able to:
1. understand fully the various theoretical perspectives on Sexual
Harassment;
2. distinguish the various theoretical perspectives on Sexual Harassment
from each other; and
3. understand the laws of the Philippines on Sexual Harassment in the
academe and in the workplace.

INTRODUCTION
Sexual Harassment

Harassment and sexual harassment are recognized as a form of discrimination on the

grounds of sex and, thus, are contrary to the principle of equal treatment between men
and women (Numhuser-Henning and Laulom 2012).
Like many other crimes, sexual harassment is all about power, control, and
domination. International Labor Organization (LO) (2001) defined sexual harassment as
a sex-based behavior that is unwelcome and offensive to the recipient. Thus, sexual
harassment is not merely a problem of safety and health and unaceptable working
conditions, but is also a form of violence primarily against women (ILO 1992).
In the Philippines, Republic Act No. 7877 or the "Anti-Sexual Harassment Act of
199% defines work, education - or training-related sexual harassment is committed by an
employee, 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 requirement for submission is accepted by the object of said Act.

THEORETICAL PERSPECTIVES OF SEXUAL HARASSMENT

Sexual harassment cannot be understood from the perspective of a single theory,
but it is always a combination of different predictors. Previous researchers have looked at
sexual harassment using a number of frameworks including organizational approach,
feminist theory, role theory, and attributional models of sexual harassment. However, all

22 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
these models share common basic assumptions and can be labelled as socio-cultural
models of sexual harassment (Sheets and Braver 1999).
However, there have been five widely accepted theories of sexual harassment that
attempt to explain the phenomenon from different angles and perspective, to wit:

1. Natural/ Biological Theory

According to this model, men have stronger sex derives, and are therefore,
biologically motivated to engage in sexual pursuit of women. Thus, the harassing
behavior is not meant to be offensive or discriminatory, but is merely the result of
biological urges. Its assumptions include a natural, mutual attraction between men and
women, a stronger male sex drive, and men in the role of sexual initiators. A key strength
of the natural/biological perspective is that it acknowledges the innate human instincts
potentially driving sexually aggressive behavior (Tangri et al. 1982).

2. Sex Role Spillover Theory

This theory is based on the proposition of irrelevant gender-based role
expectations that individuals bring to the workplace in guiding their interactions with
women. Men hold role perceptions of women based on their traditional role in our
culture. When women take jobs outside of these traditional areas to work in the male
dominated Workplace, men rely on these gender-based expectations when interacting
with women therefore, perceiving women in their gender role over and above their work
role. Therefore, men are more likely to sexualize their experiences, including work
experiences, and are therefore, more likely to make sexual remarks or engage in
sexualized behavior, thus counting for the fact that women experience more sexual
harassment than men (Barbara Gutek 1982).

3. Organizational Theory
Proponents of this theory propose that one of the central concepts that helps to
explain sexual harassment is power (Cleveland and Kurst 1993). This theory proposes
that sexual harassment results from the opportunities presented by power and authority
relations which derive from hierarchical structures of organizations (Gruber 1992).
This perspective emphasizes that the structure of organizational hierarchy invests
power in certain individuals over others, that can lead to abuse. Thus, sexual harassment
is all about expression of male power over women that sustains patriarchal relations.

23 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
 DISCRIMINATION ON THE BASIS OF
LESSON 18
(SOGIE) IN THE PHILIPPINES

OUTCOME:
At the end of the lesson, student should be able to:
4. Understand the issues on human rights violations and discrimination
on the basis of SOGIE;
5. Understand the impact of human rights violations and discrimination
to the Filipino Society; and
6. Formulate activities and programs to address these human rights
violations and discrimination on the basis of SOGIE.

DISCRIMINATION ON THE BASIS OF

LESSON 19
(SOGIE) IN THE PHILIPPINES

OUTCOME:
At the end of the lesson, student should be able to:
7. Understand the issues on human rights violations and discrimination
on the basis of SOGIE;
8. Understand the impact of human rights violations and discrimination
24 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
to the Filipino Society; and
9. Formulate activities and programs to address these human rights
violations and discrimination on the basis of SOGIE.
 DISCRIMINATION ON THE BASIS OF
LESSON 20 (SOGIE) IN THE PHILIPPINES

OUTCOME:
At the end of the lesson, student should be able to:
10. Understand the issues on human rights violations and discrimination
on the basis of SOGIE;
11. Understand the impact of human rights violations and discrimination
to the Filipino Society; and
12. Formulate activities and programs to address these human rights
violations and discrimination on the basis of SOGIE.

DISCRIMINATION ON THE BASIS OF

LESSON 21 (SOGIE) IN THE PHILIPPINES

OUTCOME:
At the end of the lesson, student should be able to:
13. Understand the issues on human rights violations and discrimination
on the basis of SOGIE;
14. Understand the impact of human rights violations and discrimination
25 | G E E 1 0 to
2 the
– GFilipino
E N D ESociety;
R A N DandSOCIETY
15. Formulate activities and programs to address these human rights
violations and discrimination on the basis of SOGIE.
 DISCRIMINATION ON THE BASIS OF
LESSON 22 (SOGIE) IN THE PHILIPPINES

OUTCOME:
At the end of the lesson, student should be able to:
16. Understand the issues on human rights violations and discrimination
on the basis of SOGIE;
17. Understand the impact of human rights violations and discrimination
to the Filipino Society; and
18. Formulate activities and programs to address these human rights
violations and discrimination on the basis of SOGIE.

DISCRIMINATION ON THE BASIS OF

LESSON 23 (SOGIE) IN THE PHILIPPINES

OUTCOME:
At the end of the lesson, student should be able to:
19. Understand the issues on human rights violations and discrimination
on the basis of SOGIE;
26 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y
20. Understand the impact of human rights violations and discrimination
to the Filipino Society; and
21. Formulate activities and programs to address these human rights
27 | G E E 1 0 2 – G E N D E R A N D S O C I E T Y