LESSON 17

WOMEN AND THE LAW

Lesson Objectives:

This module discusses about the various Philippine laws affecting women and their rights. At the
end of this module, you should be able to:

 Know about the various Philippine laws affecting women;

 Identify the various rights of women; and
 Understand the impact of these laves and rights to the Filipino woman and society.

Definition of Terms:
 The 1987 Constitution the fundamental law of the country upon which of the law are
anchored or based on:
 Magna Carta of Women - the main law enshrining all the rights of women and their roles
in building the nation.
 Nation Building-collaborative efforts and means to establish and develop the country.

Introduction

The 1987 Constitution

The Philippines is known for its very liberal and progressive Constitution that we 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 30% of the lower houses).

Finally Article 13 Section 14 specifically mentioned that the ‘State shall protest working women
by providing safe and healthful working conditions, taking into account their maternal functions,
and such facilities and opportunities that will enhance the welfare and enable them in realize
their full potential in the service of the nation”

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 identified 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 so 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 (1991): is an act promoting the
integration of women as full and equal partners of men in development and nation-
building. The law provides that a substantial portion of government resources be utilized
to support programs and activities for women. The law alas encourages the full
participation and involvement of women in the development process and so remove
gender bias in all government regulations and procedures.

In relation to gender budgeting, the law specifically mandated all agencies so 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.
Classifying the same as a crime against persons.

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

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 (1999-2025). 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 res
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 in at the
local or national level.
 Framework Plan for Women (FPW). This is part of the Philippine Plan for Women
developed to focus on three thrusts, namely promoting women’s 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 300,000 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 Association
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 affiliation 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 coalition 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 SEBOL. 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
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-cape
act in 1997. The gains of the women’s movement are basically achieved through various
partnerships with the rest of the civil society.

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 war 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 Filipina women and men. One glaring issue a the
gender stereotyping of fields of study and specialization and its onward translation to the world
of work where men generally occupy the highest occupational ranks and the highest paying
positions

Women’s 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.