COURSE OUTLINE

GENDER SENSITIVITY AND LAWS ON WOMEN AND CHILDREN

Jacqueline S. Martin-Balictar
Presiding Judge
RTC Branch 9, Manila (Family Court)

I. GENDER

Gender and Sex Definitions.

Influences on Gender. Is Sex something changeable ?
Gender Stereotype and Whether Harmful
SOGIE bill

II. CONSTITUTIONAL PROVISIONS ON WOMEN AND EQUAL PROTECTION

• Equal Protection Clause

Ichong vs Hernandez L-7995 May 31, 1957

• Art. II Section 14. Role Of Women In Nation Building And Equality Of Men And
Women

• Art. XIII Section 3. Full Protection To Labor And Equality Of Employment

Opportunities For All

• Art. XIII Sec. 14. Healthful Working Conditions For Women

III. CEDAW (Convention On The Elimination Of Discrimation Against Women)

Article 1. Discrimination against Women: Definition
Article 2. State's Obligations

IV. RA. 9710, August 14, 2009 The Magna Carta For Women
Sec. 4. Definitions

“Women Empowerment”
“Discrimination Against Women”
“Marginalized”
“Indigenous”
“Substantive Equality”
“Gender Equality”
”Gender Equity”
“Gender and Development”
“Gender Mainstreaming”
“Social Protection”

Sec. 5 The State as the Primary Duty Bearer

Sec. 8 Human Rights of Women
Sec. 9 Protection from Violence
Sec. 10 Women Affected by Disasters, Calamities, and other Crisis Situations
Sec. 11. Participation and Representation
Sec. 13 Equal Access and Elimination of Discrimination in Education, Scholarships and
Training.
Sec. 14. Women in Sports
Sec. 15. Women in the Military
Sec. 16. Nondiscriminatory and Nonderogatory Portrayal of Women in Media and Film
Sec. 17. Women's Right to Health
Sec. 18. Special Leave Benefits of Women
Sec. 19. Equal Rights In All Matters Relating to Marriage and Family Relations
Sec. 38 Duty of the Philippine Commission on Women
Sec. 30. Women in Especially Difficult Circumstances
Sec. 36 Gender Mainstreaming as a Strategy for Implementing the Magna Carta For Women

V. R.A. NO. 7192 Women In Development And Nation Building Act, February 12, 1992

RELATED CASES

1. Anacleto Ballaho Alanis Hi, vs. Court Of Appeals G.R. No. 216425, November 11,
2020 )
2. House Of Representatives Electoral Tribunal, vs. Daisy B. Panga-Vega, G.R. No.
228236, January 27, 2021
3. Ordona vs. Local Civil Registrar Of Pasig City And Allan Fulgueras G.R.No. 215370.
November 9, 2021 (En Banc)
4. PT and T vs. NLRC And Grace De Guzman G.R. No. 118978 May 23, 1997
5. Imbong vs. Exec. Secretary Ochoa G.R. No. 204819, April 8, 2014 (En Banc)
6. RPB vs. Philippines, 2014
7. Karen Tayag Vertido vs. The Philippines, 2010
8. Lakpue Drug vs. Belga, 2005
9. Silverio vs Republic, 2007
10. Cagandahan vs. Republic, 2008
11. Ang Ladlad LGPT Party vs. Comelec, 2010
12. Garcia vs. Hon. Ray Alan Drilon, 2013
13. Del Monte vs. Velasco

LAWS PROTECTING WOMEN

VI. R.A. NO. 9262 Anti Violence Against Women And Children Act Of 2004

Sec. 25. Public Crime

Sec. 3. Definitions

- Physical Violence
- Sexual Violence
- Psychological Violence
- Economic Abuse
- BatteredWoman Syndrome

Sec. 5. Acts Of Violence Against Women And Children

- Paragraphs A-E

Remedies Against Further Violence

Sec. 14. Barangay Protection order BPO
Sec. 15 Temporary Protection Order TPO
Sec. 16 Permanent Protection Order PPO
Sec. 12. Enforceability.
Sec. 21. Violation

Sec. 26 Battered Woman Syndrome As A Defense

Sec. 28 Who Is Entitled To The Custody Of Children
Sections 40, 41 Duty Of The State To Victims And Accused
Sec. 44 Confidentiality

RELATED CASES

1. Dinamling vs. People, 761 Phil. 356, 373(2015).

2. Araza vs. People G.R. No. 247429, September 08, 2020
3. Acharon vs. People G.R. No. 224946. November 09, 2021 (En Banc)
4. Calingasan vs. People, 239313, February 15, 2022
5. XXX vs. People G.R. No. 241390, January 13, 2021
6. AAA vs. BBB G.R. No. 212448, January 11, 2018
7. Knutson vs. Hon. Elisa Flores G.R. No. 239215. July 12, 2022
8. Go-Tan vs Tan, G.R. NO. 168852
9. Garcia vs. Hon Ray Alan Drilon

VII. R.A. NO. 10906 ANTI MAIL-ORDER SPOUSE ACT

Sec. 3 Paragraphs A-D Prohibited Acts

Confiscation and forfeiture of proceeds of the offense

VIII. R.A. NO. 7877 ANTI SEXUAL HARASSMENT ACT OF 1995

Sec. 3 Work, Education or Training-Related Sexual Harassment Defined.

Sec. 4 Duty of the Head of Office in a Work-Related Education or Training Environment

RELATED CASES

1. Escandor vs. People G.R. No. 211962, July 06, 2020

2. LBC Express vs. Monica Palco G.R. No. 217101, February 12, 2020
3. Jacutin vs. People G.R. No. 140604 March 6, 2002
4. Dioscoro Bacsion vs. Wahiman G.R. No. 146053 April 30, 2008
5. Domingo vs Rayala G.R. No. 155831, Feb 18, 2008
6. Gonzales vs. Serrano G.R. No. G.R. No. 175433. March 11, 2015
7. Atty. Susan Aquino vs. Hon. Eernesto Acosta A.M. No. CTA-01-1, April 2, 2002
8. Anonymous Complaint Against Atty. Crescencio Co Untain A.C. No. 5900, April
10, 2019

IX. R.A. NO. 11313 SAFE SPACES ACT “BAWAL BASTOS LAW”

Sec 4. Gender Based Streets and Public Spaces Sexual Harassment

Public Places

- Mysoginistic Remarks or Slurs

- Transphobic Remarks
- Sexist Remarks
 - Homophobic Remarks

Sec 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and clubs,
Resorts and Water Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-
Owned Places Open to the Public.

Sec 6. Gender-Based Sexual Harassment in Public Utility Vehicles.

- What are PUVs

Sec 12. Gender-Based Online Sexual Harassment.

- Cyberstalking

Sec 16. Gender-Based Sexual Harassment in the Workplace.

Sec 21. Gender-Based Sexual Harassment in Educational and Training Institutions.

Duties of LGU
Duties of Employers
Duties of Schoolheads
Liabilities of Heads
Reliefs
Penalties
Exemptions
Confidentiality

Comparison RA 11313 and RA 7877

CHILDREN

I. WHO IS A CHILD ?
– Sec. 3, R.A. No. 7610 Definition of Children
– Sec. 3(h) R.A. No. 9262 Definition of Children
– Sec. 3A R.A. 9775 Definition of Child

Article II Section 13 Role of Youth in Nation Building

II. P.D. 603 Child and Youth Welfare Code

- Sec. 3. Rights of the Child

- Sec. 4. Obligations of a Child

III. A.M. No. 02-1-19-SC RULE ON COMMITMENT OF CHILDREN April 15, 2002

– Sec. 3 Different Categories of Children. Dependent, Abandoned and Neglected,

Disabled, Mentally Retarded, Physically Handicapped, Emotionally Disturbed,
Mentally Ill.

- Petition for Involuntary Commitment of a Child

– Who may File

– Restoration of Parental Authority After Involuntary Commitment

 – Sec 5. Voluntary Commitment of a Child In an Institution or Individual
– Sec 5(a). Petition for Removal of Custody
– Sec 6. Petition for Commitment of a Disabled Child
- Discharge of Judicially Committed Disabled Child

LAWS PROTECTING CHILDREN

I. R.A. No. 11596 AN ACT PROHIBITING CHILD MARRIAGE

DECEMBER 10, 2021

- Sec. 5. Public Crime

- Sec. 3. Child, Child Marriage
- Sec. 4. Unlawful Acts
- Sec. 6 Legal Effect of a Child Marriage
- Sec. 8 Lead Agency DSWD, Duty of Muslim Filipinos and Indigenous
Peoples
- Sec. 11 Transitory Provision/Effectivity

II. R.A. 7610 SPECIAL PROTECTION FOR CHILDREN AGAINST ABUSE,

EXPLOITATION AND DISCRIMINATION ACT

- Sec. 27. Who can file.

- Sec. 3. Child, Child Abuse, Circumstances which gravely threaten or
endanger the survival and normal development of
children.
– Sec. 5. Child Prostitution and Other Sexual Abuse
– IRR of R.A. 7610 What is Lascivious Conduct?
– Sec. 9. Obscene Publications and Indecent Shows
– Sec. 10. Other Acts of Neglect and Abuse.
– Sections 5(b), 7, 9 and 10(b)were amended as to the age of the victim by R.A. No.
11648 issued on July 26, 2021
– Sec. 28 Protective Custody of Children In Child Abuse Cases

RELATED CASES

1. Capueta vs. People G.R. No. 240145, September 14, 2020

2. Ballon vs. People., G.R. No. 252267, January 11, 2021
3. People vs. Ladra July 17, 2017 G.R. No. 221443
4. Carbonell vs. People G.R. No. 246702, April 28, 2021
5. People vs. Salvador Tulagan G.R. No. 227363, March 12, 2019 (En Banc)
6. Bongalon vs. People G.R. No. 169533 March 20, 2013
7. Patulot vs. People G.R. No. 235071 January 7, 2019
8. Calaoagan vs. People G.R. No. 222974 March 20, 2019
9. Perez vs. People G.R. No. 201414 April 18, 2018
10. San Juan v. People, January 17, 2023
11. People vs. Bangayan, September 16, 2020

III. R.A. 9344 AS AMENDED BY R.A. NO. 10630 JUVENILE JUSTICE WELFARE
ACT; ADMINISTRATIVE MATTER NO. 02-1-18 SC REVISED RULE ON CHILDREN
IN CONFLICT WITH THE LAW

- Sec. 1. To whom applicable.

- Sec. 60. Prohibition on Labeling and Shaming
- Section 61 Other Prohibited Acts
- Sec. 4. Best Interest of the Child, Child, Child at Risk, Child In Conflict with the
Law, Community Based Program, Diversion Program, Intervention, Recognizance, Status
Offenses, Youth Detention Home. Principle of Restorative Justice

- Sec. 5. Right of a CICL

- Sec. 6 Minimum Age of Criminal Responsibility
- Sec. 7 Determination of Age
- Sec. 20 R.A. No. 10630 Children Below the Age of Criminal
Resposibility
- Sec. 20-A Serious Crimes Committed
- Sec. 21 Procedure for Taking the Child into Custody
- Sec. 22 Duties during Initital Investigation
- Sec. 23 Diversion. When Applicable
- Sec. 27 Duty of Barangay When there is no diversion
- Sec. 28 Duty of LEO When there is no Diversion
- Secs. 32-33 Prosecution
- Secs. 34-36 Bail, Release on Recognizance, Detention Pending Trial
– Sec. 38 Automatic Suspension of Sentence. Sec. 51 Confinement in Agri Camps
– Sec. 39. Discharge
– Sec. 43 Confidentiality
– Sec. 58 Offenses not Applicable to Children

RELATED CASES

PURPOSE OF ENACTMENT OF R.A. 9344

PRIVILEGED MITIGATING CIRCUMSTANCE
1. Sierra vs. People,
2. Atizado and Monreal vs. People G.R. No. 173822, October 13, 2010

EXEMPTION OF CRIMINAL LIABILITY

RETROACTIVE APPLICATION OF THE LAW

1. Ortega vs. People, G.R. No. 151085, August 20, 2008

2. Estioca vs. People, G.R. No. 173876 June 27, 2008

DISCERNMENT
1. CICL vs. People, G.R. NO. 237334, August 14, 2019
2. Llave vs. People G.R. No. 166040 April 26, 2006
3. Remiendo vs. People, G.R. No. 184874 October 9, 2009
4. People vs. Jacinto G.R. No. 182239 March 16, 2011
5. People vs. Deliola G.R. No. 200157, August 31, 2016

AUTOMATIC SUSPENSION OF SENTENCE, PENALTY, CONFINEMENT IN AGRI

CAMP
1. CICL vs. People, G.R. No. 246146, March 18, 2021
2. People vs. Udtojan G.R. No. 186227 July 20, 2011
3. People vs. Sarcia G.R. No. 169641, September 10, 2009, 599 SCRA 20, 50.
 4. People vs. Henry Arpon G.R. No. 183563, Dec. 14, 2011

DETERMINATION OF CICL'S AGE, WHO HAS THE BURDEN

1. Sierra vs. People, G.R. No. 182941, July 3, 2009

• CYBERCRIME OFFENSES

• R.A. NO. 9995 Anti-Photo and Video Voyeurism Act of 2009"

- Sec. 4. Prohibited Acts
– Sec. 5. Penalties

IV. R.A. NO. 10175 Section 4 Cybercrime Law. Effect on Penalty when Crime is
Committed through Electronic Means

RELATED CASES
1. Cadajas vs. People G.R. No. 247348. November 16, 2021 (En Banc)

V. R.A. NO. 9208 ANTI-TRAFFICKING IN PERSONS ACT OF 2002 AS

AMENDED BY R.A. NO. 10364 OR THE "EXPANDED ANTI-
TRAFFICKING IN PERSONS ACT OF 2012 , AS FURTHER AMENDED
BY R.A. 11862 OR THE "EXPANDED ANTI- TRAFFICKING IN PERSONS ACT OF
2022.

- Sec. 3. Definition
– Sexual Exploitation
– Pornography
– Child Laundering
– Child Sexual Abuse and Exploitation Material or Child Sexual Abuse Material (CSAEM
or CSAM)
– Online Sexual Abuse and Exploitation of Children
- Sec. 4 Acts of Trafficking in Persons
- Sec. 5 Acts that Promote Trafficking in Persons
- Sec. 6 Qualified Trafficking
- Sec. 8B Interception of Communication by Law Enforcement Agency. When
the Victim is a Child. Non Liability from the Anti -Wire Tapping Law.
- Section 8h. Prosecution. Who can file. Public Crime
- Section 8j Effect of Desistance. Liability of Prosecutors and Private Lawyers
- Section 8k Immediate Protection of Trafficking Persons
Entitlement to Claim for Compensation
- Sec. 18 Temporary Custody of Trafficked Victims

RELATED CASES
1. People vs. Casio, G.R. No. 211465, December 3, 2014
2. People vs. Sayo, G.R. No. 227704, April 10, 2019
3. People vs. Lasaca, G.R. No. 217978, January 30, 2019
4. Arambullo vs. People, G.R. No. 241834, July 24, 2019
VI. R.A. NO. 116481 LAW INCREASING THE AGE OF STATUTORY RAPE
-General Rule
- Exemption- When will there be no criminal liability
-When the victim is under 13 years of age.

RELATED CASES ON RAPE COMMITTED AGAINST A CHILD

1. People vs. Basa, Jr. G.R. No. 237349, February 27, 2019
2. People vs. De Guzman, G.R. No. 229714, June 19, 2019
3. Ramillo vs. People, G.R. No. 234841, June 3, 2019

VII. R.A. NO. 9231 AN ACT PROVIDING FOR THE ELIMINATION OF THE
WORST FORMS OF CHILD LABOR AND AFFORDING STRONGER
PROTECTION FOR THE WORKING CHILD

- Sec. 2. Employment of Children

- Sec. 3 Hours of Work. Ownership of a Child's Income, Prohibition Against
Worst Forms of Child Labor
- Sec. 5 Prohibition in Certain Advertisments

VIII. R.A. NO. 10627 ANTI BULLYING ACT OF 2013

- Sec. 2. Acts of Bullying.

IX. R.A. NO. 9165 COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002.

RIGHTS OF CHILDREN CHARGED UNDER THIS LAW. A.M. NO. 07-8-22
SC

– Sec. 2. Objective
– Sec. 8. Voluntary Submission of Child Drug Dependent to Confinement, Treatment and
Rehabilitation
– Sec. 13 Period of Confinement
– Sec. 14 Discharge Under Voluntary Submission Program.
– Sec. 22 Compulsory Submission To Treatment and Rehabilitation