LESSON 2: CHAMPIONING WOMEN’S RIGHTS IN THE

PHILIPPINES
Local Legislations that Champion Women’s Rights

In the past lesson, you learned that CEDAW is the human rights international
framework that member nations have to follow in order to promote women’s rights and
protect them from any form of discrimination in social institutions. As one of the member
nations of the UN, the Philippine government has the responsibility to improve
the status of women in society by institutionalizing and strengthening such
legal and policy frameworks. In Module 3, you learned that combating gender
inequality through government intervention has to be done in two ways: (1) create laws
that directly address gender-based violence, and (2) increase the capacity of
women by improving their place and status in terms of healthcare,
employment, education, and income level. Under national and international law, it
is also mandated that perpetrators of violence and discrimination against women must
be held accountable even if they are part of the forces of the government.

GABRIELA, a national alliance of women’s organization in the Philippines, has

identified the seven deadly sins committed against women that our national government
needs to respond to: (1) sex trafficking and prostitution, (2) domestic violence, (3) rape,
incest and sexual abuse, (4) sexual harassment, (5) violence as a result of political
repression, (6) sexual discrimination and exploitation, and (7) limited access to
reproductive healthcare (UN n.d.).

In the context of the Philippines, here are the important legislations that champion
women’s rights and their salient provisions:

Local Legislation Description Identified Crime/ Penalties/

Problem(s) Programs

Republic Act 8353/ “an act expanding  RAPE  Reclusion Perpetua

The Anti-Rape Law the definition of (life
of 1997 the crime of rape, Rape is committed imprisonment)
reclassifying the 1. “by a man who
same as a crime shall have carnal
against persons, knowledge of a *In cases where
amending for the woman under any the legal husband
purpose Act No. of the following is the offender, the
3815, as amended, circumstances: forgiveness by the
otherwise known wife as the
as the revised a. through force, offended party
penal code, and for threat or shall extinguish the
the purposes” intimidation; criminal action or
b. when the the penalty
offended party is imposed
 deprived or reason
or otherwise
unconscious;

c. by means of
fraudulent
machination or
grave abuse of
authority; and

d. when the
offended party is
under twelve (12)
years of age or is
demented, even
though none of the
circumstances
mentioned above
be present.

2. by any person
who, under any of
the circumstances
mentioned in
paragraph 1
hereof, shall
commit an act of
sexual assault by
inserting his penis
into another
person's mouth or
anal orifice, or any
instrument or
object, into the
genital or anal
orifice of another
person.”

Republic Act 7192/ “an act promoting  GENDER  Prioritize rural

the integration of INEQUALITY AND projects and
Women in women as full and LACK OF provide income
Development and equal partners of PARTICIPATION and employment
Nation Building Act men in OF WOMEN opportunities to
development and women in the
nation building and rural areas
for other purposes”
 Ensure the active
involvement of
women’s groups
in the formulation
of development
programs and
policies

 In all contractual
relations, women
shall enjoy equal
rights with men
under similar
circumstances
(e.g. agricultural
credit, loans, non-
material
resources,
passport, visas
and other travel
documents)

 Women shall enjoy

equal
membership in all
organizations
devoted to public
purpose

 Admission to
military schools

 Marriage persons
who devote
fulltime
managing their
homes shall be
entitled to
voluntary PAG-
IBIG, GSIS, and
SSS
Republic Act 7877/ “an act declaring  ALL FORMS OF  It is the duty of
sexual harassment SEXUAL the heads of
Anti-Sexual unlawful in the HARASSMENT institution to
Harassment Act of employment, provide
1995 education or procedures for
training 1. In a work-related the resolution,
environment, and or employment settlement and
for other purposes” environment, prosecution of
sexual is acts of sexual
committed when harassment.
(1) the sexual favor
is made as a
condition in the  Any person who
hiring or in the violates the
employment, (2) provisions of
employee’s rights this Act shall,
or privileges under upon
existing labor laws conviction, be
are impaired and penalized by
(3) employee has imprisonment of
no choice but to not less than
work in an one (1) month
intimidating, nor more than
hostile, or offensive six (6) months,
environment. or a fine of not
less than Ten
thousand pesos
2. In an education (P10,000) nor
or training more than
environment, Twenty
sexual harassment thousand pesos
is committed (1) (P20,000), or
against one who is both such fine
under the care, and
custody, or imprisonment
supervision of the at the discretion
offender, (2) of the court.
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.

Republic Act 9262/ Violence against  GENDER-BASED  Imprisonment

women “refers to VIOLENCE, depending on
Anti-Violence any act or a series MORE the degree of
Against Women of acts committed PARTICULARLY, the crime
and Their Children by any person DOMESTIC
Act of 2004 against a woman VIOLENCE OR
who is his wife, INTIMATE  In addition to
former wife, or PARTNER imprisonment,
against a woman VIOLENCE the perpetrator
with whom the shall (a) pay a
person has or had fine in the
a sexual or dating It can be in the amount of not
relationship, or form of: less than One
with whom he has hundred
a common child, or (1) physical thousand pesos
against her child violence – physical (P100,000.00)
whether legitimate or bodily harm as a but not more
or illegitimate, result of pushing, than three
within or without hitting, slapping, hundred
the family abode” kicking, choking thousand pesos
beating, or even (300,000.00);
throwing objects at (b) undergo
the victim mandatory
psychological
counseling or
psychiatric
(2) sexual violence treatment and
– rape, sexual shall report
 harassment, compliance to
prostituting woman the court
or child among
others

(3) psychological
violence -
intimidation,
harassment,
stalking, damage
to property, public
ridicule or
humiliation,
repeated verbal
abuse and marital
infidelity

(4) economic abuse

– making a woman
financially
dependent by
taking away her
basic necessities
and preventing her
from engaging in
any legitimate
profession,
occupation,
business or activity

Republic Act 9710/ “The MCW is a GENDER  Provision for

comprehensive INEQUALITY AND equal access
Magna Carta of women's human DISCRIMINATION and
Women rights law that elimination
seeks to eliminate of
discrimination discriminatio
through the n in
recognition, education,
protection, scholarships,
fulfilment and and training
promotion of the
rights of Filipino
women, especially  Promotion of
those belonging in gender
the marginalized balance in
sectors of the government
society. It conveys positions by
a framework of increasing
rights for women the number
based directly on of women
international law.” employed in
third level
positions
“It is the local
translation of the
provisions of the  Non-
CEDAW, discriminatio
particularly in n in
defining gender employment
discrimination, in the field
state obligations, of military,
substantive police and
equality, and other similar
temporary special services
measures.”

 Non-
discriminator
y and non-
derogatory
portrayal of
women in
media and
film

 Mirroring
CEDAW, the
government
has the
responsibilit
y to ensure
that
development
programs
and policies
will address
the lack of
opportunitie
s and rights
for women
 and will end
any form of
discriminatio
n against
women

Republic Act “…the duty of the LACK OF  Prioritizing

10354/ State to protect KNOWLEDGE AND effective and
and strengthen the PROTECTION OF quality
The Responsible family as a basic WOMEN’S reproductive
Parenthood and autonomous social REPRODUCTIVE healthcare
Reproductive institution and HEALTH AND services must
Health Act of 2012 equally protect the RIGHTS be given to
life of the mother ensure
and the life of the maternal and
unborn from *Manifestations child health
conception.” include high through
percentage of information
maternal and dissemination
“…the State infant and giving of
recognizes and complications and healthcare
guarantees the mortality, and supplies
promotion of increasing number
gender equality, of people who have
gender equity, Sexually  Promotion of all
women Transmitted methods of
empowerment and Diseases (STDs) family planning,
dignity as a health including
and human rights effective natural
concern and as a and modern
social methods
responsibility. The
advancement and
protection of  While
women’s human recognizing that
rights shall be abortion is still
central to the illegal and
efforts of the State punishable by
to address the law, women
reproductive health needing care for
care.” post-abortive
complications
and all other
complications
arising from
 pregnancy,
labor and
delivery and
related issues
shall be treated
and counseled
in a humane,
nonjudgmental
and
compassionate
manner in
accordance with
law and medical
ethics

 Involvement of
the national
government,
local
government
units (LGUs),
private sector,
and women’s
organizations in
the process of
creating people-
centered
programs