POVERTY

The definition of poverty has evolved significantly

over the years. Today, poverty cannot be defined
merely as the lack of income and financial
resources but should be recognised as a multi-
faceted concept. This new definition includes
deprivation of basic capabilities and encompasses
non-monetary factors such as the lack of access to
education, health, natural resources, employment,
land and credit, political participation, services and
infrastructure. It also covers the risk dimension and
the notion of vulnerability. Reducing poverty implies
addressing these economic, political, social,
environmental and institutional dimensions. [1]

[1] The European Community’s Development Policy at 16.

 POVERTY AS A HUMAN RIGHTS ISSUE

Human rights are concerned with the person’s claim to

certain fundamental freedoms, including his or her
“rights against” or “freedom from,” e.g., discrimination,
arbitrary detention, from hunger, disease and illiteracy.
Although not all violations or non-fulfillment of human
rights can be considered as falling within the definition
of poverty, if we consider that poverty includes not
having access to, or the absence of, resources and
opportunities that enable a person from realizing his or
her full potential as a human being, such absence or
denial becomes a human rights issue, and the right not
to be poor is deemed a right that can be claimed
against the State.
POVERTY, ACCESS TO JUSTICE AND
THE ROLE OF THE COURTS
One of the overarching principles in Human Rights is
the Right to an Effective Remedy, the Right to Justice.
This includes the opportunity to access the justice system
which involves investigation of violations, apprehension
and prosecution of the perpetrators and, if their guilt is
established, imposing the appropriate penalty by the
courts. When the criminal justice system and the judiciary
is riddled with delay, corruption and inefficiency, the
marginalized members of the society, both as victim and
accused, are put in a more disadvantaged position,
because of lack of resources, lack of “proper connections”
and overall, because they feel powerless to fight their
moneyed opponents.
This breeds further distrust in the system and in the
key players such as the prosecutors, judges and the
courts in general. Thus, it is important that those
who are marginalized and vulnerable are able to feel
confident that they are taken seriously when they
initiate complaints and report violations of their
rights to prosecutors because eventually, their
willingness to assert and exercise their rights
depends on their past experiences in trying to do
so. They must believe that they can rely on the
system and that they need not fear reprisals from
their oppressors, owing to a reliable law
enforcement and court system.
To reduce poverty and to advance
the status of women, support must
be provided to the development of
gender-sensitive policies and programs.

Empowerment and social mobilization are

intrinsically linked to the broader agenda
of good governance, transparency, and
accountability of the government to its
citizens.

*Poverty reduction strategies Backgrounder: Poverty Reduction By Isabel Ortiz

Republic of the Philippines, et al. v. Eno Fishpond
Corporation, et al.
G.R. No. 154475.  September 30, 2005

Good governance requires that actions of

regulatory bodies on applications before them must
be reasonably predictable. The standards set forth
in FAO No. 60 provide predictability in the action
of Bur. of Fisheries and Aquatic Resources on a pending
application for transfer of leasehold rights. Compliance
with the requirements  of Fisheries Administrative Order
No. 60 entitles the applicant to reasonably expect the
approval of his application unless some other provision
of law says otherwise.  Conversely, the failure of the
applicant to meet the standards set forth in FAO No. 60
does not entitle him the confidence to expect the
approval of his application.
 Standard-Setting Instruments UN Internationalized HRs
Framework for Monitoring State CHARTER Codification of HRs
Monitoring mechanisms
Compliance (1945)
- documentation and data gathering 2 broad categories:
- through reporting (State and NGO) UDHR civil & political rights
and economic, social
(1948) and cultural rights

Indicators
Law reform CRC
ICESCR (1976) CEDAW (1981)
State Policies OP Ind. Comm. OP ICP and Inq. (1990) OP on
Sale/ P. / Porn.
State Programs Proc. (Draft) Proced. (2000)
(1/02) CSAC
Case Law (2/02)

CERD (1969) CAT (1987)

ICP and S to S
MWC
ICCPR 1st OP ICP and S to
Thru ICJ July
(1976) 2nd OP S Proc.
2003
(1991)
What are the existing mechanisms and procedures under
the various Human Rights treaties?

Treaties may provide for all or a combination of the

following human rights mechanisms in dealing with
human rights violations:

- Examination of Country Reports (all treaties)

- Inter-state complaints (ICCPR, CERD, CAT and MWC)
- Inquiry Procedure (CEDAW and CAT)
- Individual Complaints Procedure (CEDAW, ICCPR, CERD,
CAT AND MWC)
- Individual complaints require exhaustion of domestic
remedies (mainly judicial in nature)
ICESCR Committee OHCHR/RSG-IDP/PHIL/006 30 October 2002

“The Committee was unable to ascertain the precise

status of the Covenant in terms of its practical relevance
within the judicial system. x x x The delegation was
unable to give the details of any specific instance in
which the Covenant had been successfully applied by
domestic courts.”

“The Committee recommends that the provisions of the

Covenant should be used as a supplementary guide to
the interpretation of relevant domestic legislation and
that all relevant domestic courts, tribunals,
administrative and other bodies ensure that their
decisions are consistent with the obligations contained in
the Covenant. x x x”
 International Treaties =
Declarations = not binding
CEDAW and CRC treaties but express what
countries agree to in
Create obligations principle
Set standards/norms
Provide mechanisms for Preparatory to a treaty
enforcement and monitor
compliance Follow-up on
commitments made in
binding instruments
National Laws = created/
changed to reflect compliance Foster cooperation and
coordination

Plan of Action
Statutory Law Case law = (Beijing Declaration and
JUDICIARY Platform for Action )
What is CEDAW?
It is the acronym for the Convention on the Elimination of All Forms of
Discrimination Against Women, a human rights treaty which entered
into force for the Philippines on September 04, 1981.

Why a separate Human Rights Treaty for Women?

It is true that two Human Rights Treaties - the International
Covenant on Civil and Political Rights (ICCPR) and the International
Covenant on Economic, Social and Cultural (ICESCR) - preceded the
CEDAW. However, they did not necessarily reflect concerns which
were specific to women.

Article 23 of the ICCPR guarantees the “right of men and women of

marriageable age to marry and to found a family” and to be married only
with “free and full consent of the intending spouses.”
It did not deal, however, with the consequence of women losing their
nationality or citizenship upon their marriage to foreigners.
Article 24 guarantees the right of every child “to acquire a nationality” but
was silent as to whose nationality should be followed by the child.
CEDAW, for its part enjoins States-Parties to “ensure x x x that neither
marriage to an alien nor change of nationality by the husband during
marriage shall automatically change the nationality of the wife, render her
stateless or force upon her the nationality of the husband;” and that they
shall “grant women equal rights with men with respect to the nationality
of their children.” (Article 9)

Similarly, Article 7 of the ICESCR guarantees for women “Fair wages

and equal remuneration for work of equal value” and “conditions of
work not inferior to those enjoyed by men, with equal pay for equal
work” It further provides for “Rest, leisure and reasonable limitation
of working hours x x x.”
CEDAW goes beyond these guarantees and mandates in Article 11
that States Parties prohibit dismissals in work on grounds of being
married or pregnant; and “[t]o introduce maternity leave with pay or
with comparable social benefits without loss of former employment,
seniority or social allowances.”
 CEDAW defines discrimination against women.
Art. 1 defines Discrimination Against Women
Definition of “discrimination against women” - any distinction, exclusion
or restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field.

Equality and Non-Discrimination

Equality is not the same as equal treatment.
Aristotle: Like cases should be treated alike, unalike cases should
be treated unalike in proportion to their unalikeness

In case of deeply rooted privileges or discriminatory attitudes against

certain groups of the population, mere prohibitions of discrimination
are insufficient to guarantee true equality.

Titia Leonen, Rethinking Sex Equality as a Human Right (with cited cases)
Non-Discrimination is articulated in the Equal Protection
clause

G.R. No. 160396.  September 6, 2005

Philippine Ports Authority (PPA) Employees Hired after
July 1, 1989 v. Commission on Audit, et al.

The principle of equal protection is not a barren concept that

may be casually swept aside.  While it does not demand
absolute equality, it requires that all persons similarly situated
be treated alike, both as to privileges conferred and liabilities
enforced.  Verily, equal protection and security shall be
accorded every person under identical or analogous
circumstances.

Central Bank (now Bangko Sentral ng Pilipinas) Employees Association,

Inc. v. Bangko Sentral ng Pilipinas, GR No. 148208, December 15, 2004.
 THE MAJOR PROVISIONS OF CEDAW
The PREAMBLE links women’s rights to human rights.

Fundamental Human Rights = rights accorded to

both men and women
Equality between men and women = equal
access and opportunity leading to enjoyment and
benefit of the right conferred

Discriminatory practices impede the participation

of women in all aspects of life on an equal basis
with men
DISCRIMINATION = de FACTO and de JURE
THEREFORE, obligation of State is not only to condemn all
forms of discrimination against women, but also to
implement various measures towards its elimination.
This requires gender sensitivity and keen awareness of
gender issues that perpetuate discrimination.
CEDAW does not solely address actions by the state or its
agencies.
States are obliged to take all appropriate measures to
eliminate discrimination against women by any person,
organization or enterprise.
This provision makes CEDAW unique because international
human rights treaties are usually limited to the conduct of
the state or its agencies.
What are the special features of the CEDAW?
Aside from directing States-Parties to adopt “legislation to modify, abolish,
or repeal discriminatory laws, regulations, customs and practices” (Art. 2
[b], [f] & [g]), it also mandates them to
“adopt temporary special measures to address de facto inequality of men
and women” (Art. 4 [1]) and to “modify the social and cultural patterns of
conduct of men and women to eliminate practices based on the idea of
inferiority/superiority of either men or women” (Art. 5[a]).

For example, when the General Appropriations Act was passed in 1995,
Section 27 mandated all government departments, bureaus and agencies
to allocate five (5%) percent of their budget for gender and development.
This has been known as the GAD budget and this provision has been
retained in subsequent appropriation acts. Through the GAD budget,
various gender-sensitivity trainings have been conducted in order to
develop awareness on gender-related issues and concerns.
 RA 9208 - Anti-Trafficking in Persons Act of 2003
Trafficking in Persons - recruitment, Trafficking is the “recruitment,
transportation, transfer or harboring, transportation, transfer, harboring or
or receipt of persons with or without receipt of persons, by means of the
the victim's consent or knowledge, threat or use of force or other forms
within or across national borders by of coercion, of abduction, of fraud, of
means of threat or use of force, or deception, of the abuse of power or
other forms of coercion, abduction, of a position of vulnerability or of the
fraud, deception, abuse of power or giving or receiving of payments or
of position, taking advantage of the benefits to achieve the consent of a
vulnerability of the person, or, the person having control over another
giving or receiving of payments or person, for the purpose of
benefits to achieve the consent of a exploitation.” Exploitation shall
person having control over another include, the exploitation of the
person for exploitation which prostitution of others or other forms
includes at a minimum, the of sexual exploitation, force labour or
exploitation or the prostitution of services, slavery or practices similar
others or other forms of sexual to slavery, servitude or the removal
exploitation, forced labor or services, of organs. (Protocol to Prevent, Suppress
slavery, servitude or the removal or and Punish Trafficking in Persons, Especially
sale of organs. (RA 9208) Women and Children, 2000)
 SEC. 3. Definition of Terms - As used in this Act
(a) Trafficking in Persons - refers to the recruitment,
transportation, transfer or harboring, or receipt of persons with
or without the victim's consent or knowledge, within or across
national borders by means of threat or use o force, or other
Source: forms of coercion, abduction, fraud, deception, abuse of power
http://www. or of position, taking advantage of the vulnerability of the
trafficking. person, or, the giving or receiving of payments or benefits to
org.ph/ achieve the consent of a person having control over another
person for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child

for the purpose of exploitation shall also be considered as "trafficking in
persons" even if it does not involve any of the means set forth in the
preceding paragraph.
 Facts and Figures on Trafficking in Persons and
Human Smuggling
Source: Primer on the Anti-Trafficking Act [RA9208] by the TWG of the Anti-Trafficking Project
in October 2003 with inputs from the IRR available at http://www.trafficking.org.ph/

§ As of December 2001, there were 7.41 million Filipinos

living and working overseas; 1.62 million are irregular
migrants and suspected to be victims of trafficking or
smuggling.
§ There are 935 recorded cases of human trafficking from
1993 to March 2001. [Actual number of persons trafficked is
purportedly much higher. There is a need for a more reliable
system on data collection.]
§ 65% of victims are women; 25% of women victims were
forced into prostitution.
§ 53% of victims were trafficked to the Asia-Pacific, 25%
to the Middle East, and 19% to Europe.
§ 51% of victims were trafficked with consent or knowledge, and 49% were
deceived.

§ Incidence of mail-order marriages is increasing, yet there is zero

conviction rate against mail-order agencies.

§ Global trafficking profit is estimated to be $7-12 billion per year, the third
largest source of profits for organized crime, next only to drugs and guns.

§ From 1995 to early 2000, the Philippine Foreign Service establishments

recorded 751 cases of human trafficking. Women comprised 66%, 18% of
which were forced into prostitution.

§ The government repatriated 31% percent of the victims.

§ The Commission for Filipinos Overseas recommended the blacklisting of

9 foreign nationals involved in operating pen pal clubs or recruiting Filipino
women for marriage to foreigners, following the report in 2000 of the
Philippine Center on Transnational Crime of 153 cases of illegal recruitment,
illegal migration and human trafficking.
(from Draft Report, not for quotation)
 Trafficking in Persons must be distinguished from Human Smuggling.

Trafficking in Persons Human Smuggling

Usually involves coercion Usually does not involve coercion

Characterized by subsequent Characterized by facilitating, for

exploitation after the illegal entry of a fee, the illegal entry of a
a person into a foreign country person into a foreign country

Considered a Considered a migration concern

human rights issue

There are three categories of trafficking.

The Anti-Trafficking in Persons Act of 2003 punishes three categories of

trafficking acts:
a. Acts of trafficking in Persons;
b. Acts that promote trafficking in persons; and
c. Qualified trafficking in persons.
 What is Trafficking?
Acts Means Where Purpose
Recruitment Threat Within or Exploitation
across including
Transport Force exploitation or
national
Transfer Coercion borders prostitution of
others
Harbor Abduction
Other forms of
Receipt Fraud
sexual exploitation
Deception
Forced labor or
Abuse of power or position services
Slavery
Taking advantage of vulnerability
Servitude
Giving / receiving payment
Sale/removal
/benefits to achieve consent
of organs
 Sec. 4. Acts of Trafficking
1. Recruit, transport, transfer, harbor, provide or receive – by any means including
domestic or overseas employment – for prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage

2. Introduce or match for consideration a Filipina to a foreigner for marriage in

order to use or trade her – for prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage
3. Offer marriage or marry, real or simulated, in order to use or trade “spouse” – for
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage
4. Adopt or facilitate adoption - for prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage
5. Organize tours/packages to use or offer person for prostitution, pornography or
sexual exploitation
6. Maintain /hire person for prostitution or pornography
7. Recruit, transport, adopt child for armed activities here or abroad
8. Recruit, hire, adopt, transport or abduct person by use of threat, force, fraud,
deceit, violence, coercion, intimidation for removal or sale of organs
 Sec. 5. Acts that Promote Trafficking
a. Knowingly leasing or subleasing property for trafficking purposes;
b. Producing, printing, issuing or distributing unissued, tampered or fake
counseling certificates, registration stickers and other certificates of
government used for regulatory and pre-departure requirements for the
purpose of promoting trafficking;
c. Advertising, publishing, printing, broadcasting or distributing, by any
means, any brochure, flyer, or any propaganda material that promotes
trafficking;
d. Assisting in the conduct of misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and exit documents for the
purpose of promoting trafficking;
for prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage
e. Facilitating, assisting or helping in the exit and entry of persons from/to
the country at international or domestic airports, territorial boundaries and
seaports who are in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting trafficking; or
Promoting Trafficking cont…

f. Confiscating, concealing, or destroying the passport, travel documents or

belongings of trafficked persons, or preventing them from leaving the country
or seeking redress from the government and appropriate agencies; or
g. Knowingly benefiting from, or making use of, the labor or services of a
person (financial or otherwise) held to a condition of involuntary servitude,
forced labor or slavery.

What acts constitute Qualified Trafficking?

Qualified trafficking in persons is committed when:
a. The trafficked person is below 18 years of age;
b. The adoption is through the Inter Country Adoption Law and the adoption is for
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
c. The act is committed by a syndicate (3 or more) or on a large scale (against 3 or
more);
d. The offender is an ascendant, parent, sibling, guardian or a person who exercises
authority over the trafficked person, or when the offense is committed by a public
officer or employee;
e. The trafficked person is recruited to engage in prostitution for any member of the
military or law enforcement agencies;
f. The offender is a member of the military or law enforcement agencies; or
g. By reason or on occasion of the act of trafficking, the offended party dies, becomes
insane, suffers mutilation or is afflicted with HIV or AIDS.

Section 8. Prosecution of Cases. - Any person who has personal knowledge

of the commission of any offense under this Act, the trafficked person, the
parents, spouse, siblings, children or legal guardian may file a complaint for
trafficking.
Section 9. Venue. - A criminal action arising from violation of this Act shall
be filed where the offense was committed, or where any of its elements
occurred, or where the trafficked person actually resides at the time of the
commission of the offense: Provided, That the court where the criminal
action is first filed shall acquire jurisdiction to the exclusion of other courts.
Sec. 24. Procedure in the Interception, Arrest and Investigation of
Traffickers in Persons at International Airport or Seaport. - When an
offense punishable under the Act or any other offense in relation thereto
or in furtherance thereof has been committed, or is actually being
committed in the presence of an immigration officer assigned at the
international airport or seaport, he/she shall immediately cause the
interception and/or arrest of the persons involved for investigation. x x x

If the person arrested is a foreigner, the concerned B.I. investigating unit

shall take full custody over the arrested person, conduct the investigation
proper motu proprio and endorse the complaint and supporting
documents to the prosecutor for inquest or Municipal Trial Court Judge
for appropriate proceedings.
Sec. 25. Procedure in the Interception, Arrest and Investigation of
Traffickers in Persons at Local Airport, Seaport and Land Transportation
Terminals. - In cases where the violation is committed at local
seaport, airport or in land transportation terminals, the members of the
law enforcement agency shall immediately cause the interception
and/or arrest of the suspected traffickers. Thereafter, an investigation
shall be conducted by the law enforcement agency on the person/s
intercepted/arrested, and refer the case to the Prosecutor’s Office of the
place where the offense was committed or to the DOJ Task Force
Against Trafficking in Persons or Task Force on Passport Irregularities
or Municipal Trial Court of the place where the crime was committed in
case of municipalities and non-chartered cities for purposes of inquest
or preliminary investigation as the case may be.
SEC. 11. Use of trafficked Persons. – Any person who buys or engages the
services of trafficked persons for prostitution shall be penalized as follows:
(a)    First offense – six(6) months of community service as may be determined
by the court and a fine of Fifty thousand pesos(P50,000.00); and
(b)   Second and subsequent offenses – imprisonment of one (1) year and a
fine of One hundred thousand pesos (P100,000.00).
Who are criminally liable for Trafficking in Persons?
Any person, natural or juridical, who commits any offense under RA 9208 may
be punished for trafficking acts.
If the offender is a corporation, partnership, association, club, establishment or
any juridical person, the penalty shall be imposed upon the owner, president,
partner, manager, and/or any responsible officer who participated in the
commission of the crime, or who shall have knowingly permitted or failed to
prevent its commission.
What is the prescriptive period for prosecuting trafficking acts?
Trafficking acts prescribes in 10 years. If trafficking is committed by a syndicate
or on a large scale, it prescribes in 20 years. The prescriptive period begins to
run from the day the trafficked person is delivered or released from the
conditions of bondage. (SEC. 12)
Sec. 38. [IRR] Institution of Criminal Action; Effect. - The institution of the
criminal action before the Office of the Prosecutor or the court, as the
case may be, for purposes of preliminary investigation shall interrupt the
running of the period for prescription of the offense charged. The
prescriptive period shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to the accused.

The court shall order the confiscation and forfeiture, in favor of the
government, of all the proceeds and properties derived from the
commission of the crime, unless they are the property of a third person
not liable for the unlawful act: Provided, that all awards for damages
shall be taken from the personal and separate properties of the offender
but if such properties are insufficient, the balance shall be taken from the
confiscated and forfeited properties. (SEC. 14)

SEC. 13. Exemption from Filing Fees. – When the trafficked person
institutes a separate civil action for the recovery of civil damages, he/she
shall be exempt from the payment of filing fees.
 SEC. 7. Confidentiality. - At any stage of the investigation, prosecution and
trial of an offense under this Act, law enforcement officers, prosecutors,
judges, court personnel and medical practitioners, as well as parties to the
case, shall recognize the right to privacy of the trafficked person and the
accused. Towards this end, law enforcement officers, prosecutors and
judges to whom the complaint has been referred may, whenever
necessary to ensure a fair and impartial proceeding, and after considering
all circumstances for the best interest of the parties, order a closed-door
investigation, prosecution or trial. The name and personal circumstances of
the trafficked person or of the accused, or any other information tending to
establish their identities and such circumstances or information shall not be
disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it
shall be unlawful for any editor, publisher, and reporter or columnist in case
of printed materials, announcer or producer in case of television and
radio, producer and director of a film in case of the movie industry, or any
person utilizing tri-media facilities or information technology to cause
publicity of any case of trafficking in persons.
Section 10. Penalties and Sanctions. -
(d) Any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
Prostitution
• As far as prostitution is concerned, the law infers that for exploitation
to take place, the act does not have to involve “the exploitation of the
prostitution of others.” The mere “prostitution of others” suffices.
• In other words, consistent with the country’s policy of promoting and
protecting the human dignity of both men and women, the law
considers the acts for the purpose of prostitution as trafficking per se,
regardless of the consent by the victim or the manner of its
commission.
• Under Section 4 (e) of the law, it is an act of trafficking “[t]o maintain
or hire a person to engage in prostitution or pornography.” While in
existing international instruments prostitution has not been equated
with exploitation unless it is forced, as far as the Philippines is
concerned, prostitution is simply one form of exploitation.
• Hence, prostitution, with or without the consent of the person
prostituted, would be punishable under the trafficking law; and the
person liable is the brothel owner, the pimp and the customer.
• In the light of this new trafficking law, Article 202 of the Revised Penal
Code, which penalizes vagrants and prostitutes should be re-examined. It
is worth noting that the victim under RA 9208 is the person prostituted,
and he or she is not punished for being so.

SEC. 17. Legal Protection to Trafficked Persons. - Trafficked persons shall

be recognized as victims of the act or acts of trafficking and as such shall
not be penalized for crimes directly related to the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker
in relation thereto. In this regard, the consent of a trafficked person to
the intended exploitation set forth in this Act shall be irrelevant.
Therefore, if the trafficking law really intended to equate prostitution with
exploitation and have the “prostitute” fall under the purview of a
trafficked person, then a woman caught in prostitution who would not be
penalized for being a trafficked victim, must also not be held liable under
Article 202.
 Case Study

Myrna = recruited by Ana to work in Manila.

 Manila = “white slavery house”
 Her recruiter had literally sold her. She tried to escape but got caught,
beaten up. Eventually, she had to give in.
 She did not really receive salary but 30% of bar fine.
 After six months, she escaped, met Johnny who invited her to go to
Japan.
 In less than a week, Myrna’s travel documents were ready.
 She signed a contract but upon arriving, Myrna found out that it was
almost the same as the white slavery house she had worked in.
 Eventually she escaped, went to the Philippine Embassy to secure an
affidavit for her lost passport.
 The Japanese Immigration was the one who bought the ticket, the cost
of which was deducted from the personal belongings she turned over
for safekeeping upon her surrender.
 Myrna flew back home, nine months after she first set foot in Japan.

ANA = slavery; RA 8042 / Johnny = RA 8042

 Trafficking; Illegal Detention under the Revised Exploitation under the
Recruitment Penal Code (RPC) RPC and Special Laws
RA 7610   RA 9231
RA 8042 – Migrant Workers Art. 267 – Kidnapping
Act of 1995 penalizes acts of and serious illegal RA 7658
Illegal Recruitment detention Debt-Bondage under RPC

Art. 270 – Kidnapping and Art. 273 – Exploitation of

RA 6955 – Anti-Mail Order Child Labor - retains a minor
Bride Law – prohibited to failure to return a Minor –
failure to return entrusted in service under two
establish or carry on a conditions: 1.) retention is
business which has for its minor.
against child‘s will and 2.)
purpose the matching of  Art. 340 – Corruption of retention is under pretext of
Filipino women for marriage minors. –promote or facilitate reimbursing a debt incurred
to foreign nationals either on the prostitution or corruption by an ascendant, guardian,
a mail-order basis or of persons underage to or person entrusted with the
through personal satisfy lust of another. child‘s custody
introduction

Art. 271 (RPC) – Inducing a Art. 343 – Consented Art. 274 – Services Rendered
minor to abandon home of Abduction – virgin; over under compulsion in Payment
parents/ guardian (with twelve but under of Debt (work as a household
criminal intent and to cause eighteen; with lewd servant of farm laborer.
damage) designs
Art. 341 of the RPC – White  
Art. 272 – Slavery – RA 7877 – Anti-Sexual
Slave Trade – v. brothel detention for enslavement Harassment Law (covers
owners and pimps and/or immoral traffic employment and school)
 RA 9208 SEC. 3. Definition of Terms - As
RA 8042 – Migrant Workers used in this Act
Act of 1995 penalizes acts of (a) Trafficking in Persons - refers to the
Illegal Recruitment recruitment, transportation, transfer or
harboring, or receipt of persons with or
Under R.A. No. 8042, Illegal Recruitment can without the victim's consent or knowledge,
be committed by either: within or across national borders by means of
threat or use o force, or other forms of
An unlicensed agency or person engaging in coercion, abduction, fraud, deception, abuse
recruitment activities (includes advertising or of power or of position, taking advantage of
promising job openings abroad, contracting, the vulnerability of the person, or, the giving
hiring, transporting workers, whether for or receiving of payments or benefits to
profit or not). achieve the consent of a person having
control over another person for the purpose
Any person or agency, whether licensed or of exploitation which includes at a minimum,
not can also be guilty of illegal recruitment the exploitation or the prostitution of others or
(includes overcharging of fees, giving false other forms of sexual exploitation, forced
information to get license, recruiting for jobs labor or services, slavery, servitude or the
harmful to the health and morality of the removal or sale of organs.
worker and to the dignity of the country,
contract substitution, withholding travel
documents for financial considerations not 1. Recruit, transport, transfer, harbor,
authorized by law, failure to deploy worker provide or receive – by any means
without valid reason and failure the including domestic or overseas
reimburse worker for documentation and employment – for prostitution,
processing expenses in case of non- pornography, sexual exploitation, forced
deployment). (R.A. 8042, sec. 6) labor, slavery, involuntary servitude or
debt bondage (Sec. 4)
 Sec.4, RA 9208
2. Introduce or match for
consideration a Filipina to a foreigner
RA 6955 – Anti-Mail Order for marriage in order to use or trade
Bride Law – prohibited to her – for prostitution, pornography,
establish or carry on a
business which has for its sexual exploitation, forced labor,
purpose the matching of slavery, involuntary servitude or debt
Filipino women for marriage
to foreign nationals either on bondage
a mail-order basis or
through personal 3. Offer marriage or marry, real or
introduction
simulated, in order to use or trade
“spouse” – for prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
servitude or debt bondage
 Art. 340 – Corruption of minors. – 1. Recruit, transport, transfer, harbor,
promote or facilitate the prostitution provide or receive – by any means
or corruption of persons underage including domestic or overseas
to satisfy lust of another. employment – for prostitution,
pornography, sexual exploitation, forced
Art. 274 – Services Rendered
labor, slavery, involuntary servitude or
under compulsion in Payment of
debt bondage; 6. Maintain /hire person
Debt (work as a household
for prostitution or pornography (Sec. 4)
servant of farm laborer.
2. Knowingly benefiting from, or making
Art. 273 – Exploitation of Child use of, the labor or services of a
Labor - retains a minor in service person (financial or otherwise) held to a
under two conditions: 1.) retention condition of involuntary servitude,
is against child‘s will and 2.) forced labor or slavery. (Sec. 5 g.)
retention is under pretext of
reimbursing a debt incurred by an
ascendant, guardian, or person
entrusted with the child‘s custody
Art. 272 – Slavery –detention for enslavement and/or immoral traffic
Art. 341 of the RPC – White Slave Trade – v. brothel owners and pimps
RA 9231
“SEC. 12-D. Prohibition Against Worst Forms of Child Labor . – No
child shall be engaged in the worst forms of child labor. The
phrase “worst forms of child labor” shall refer to any of the
following:
“(1) All forms of slavery, as defined under the “Anti-trafficking
in Persons Act of 2003”, or practices similar to slavery such as
sale and trafficking of children, debt bondage and serfdom and
forced or compulsory labor, including recruitment of children for
use in armed conflict; or

Under RA 9208, Forced Labor and Slavery refer to the extraction of work or
services from any person by means enticement, violence, intimidation or
threat, use of force or coercion, including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage or deception.

“(2) The use, procuring, offering or exposing of a child for

prostitution, for the production of pornography or for
pornographic performances; or
 Sec. 16. Penal Provisions. –
a) employer who violates Sections 12, 12-A and Section 14 shall be
penalized by imprisonment of 6 months and one day to 6 years or a fine
of not less than P50,000.00 but not more than P300,000.00 or both

b) person who violates the provisions of Section 12-D or the employer of

subcontractor who employs, or one who facilitates employment of a
child in hazardous work, shall suffer penalty of fine of
not less than P100,000.00 but not more than
P1,000.000.00, or imprisonment of not less than
12 years and one day to 20 years, or both

c) person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted

and penalized in accordance with the penalty provided for by R.A. 9208
otherwise known as the “Anti-trafficking in Persons Act of 2003:
Provided, That such penalty shall be imposed in its maximum period.

“Sec. 14. Prohibition on the Employment of Children in Certain

Advertisements. – No child shall be employed as a model in any
advertisement directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts, gambling or any form of
violence or pornography.”
RA 9208 Philippine Immigration Act of
Sec. 5. Acts that 1940
Promote Trafficking
Sec. 29. (a) The following
a. Knowingly leasing or classes of aliens shall
subleasing property excluded from entry into the
for trafficking Philippines.
purposes; Any alien who practices
prostitution or is an inmate of
house of prostitution or is
connected with the
management of a house of
prostitution, or is procurer;
 PASSPORT ACT TRAFFICKING LAW
REPUBLIC ACT NO. 8239 : THE RA 9208. Acts that Promote
Trafficking, Sec. 5
PHILIPPINE PASSPORT ACT OF 1996
e. Facilitating, assisting or helping in
(a) Offenses Relating to the exit and entry of persons
Capacity/Authority/Issuances from/to the country at international
- Acting or claiming to act in any or domestic airports, territorial
capacity of office under the Republic boundaries and seaports who are in
of the Philippines, without lawful possession of unissued, tampered or
authority fraudulent travel documents for the
purpose of promoting trafficking; or
(b) Offenses Relating to False
Statements
- Makes any false statement in any
d. Assisting in the conduct of
application for passport with the
misrepresentation or fraud for
intent to induce or secure the
purposes of facilitating the
issuance of a passport
acquisition of clearances and exit
- Uses or attempts to use any
documents for the purpose of
passport which was secured in any
promoting trafficking;
way by reason of any false
statements
 PASSPORT ACT TRAFFICKING LAW
- (c) Offenses Relating to Forgery
- Falsely makes, forges, counterfeits, mutilates
or alters any passport or travel documents or b. Producing, printing, issuing
any supporting document for a passport or distributing unissued,
application, with the intent of using the same tampered or fake counseling
- Willfully or knowingly uses or attempts to use
or furnishes to another for use any such false,
certificates, registration
forged, counterfeited, mutilated or altered stickers and other
passport or travel document or any passport certificates of government
validly issued which has become void used for regulatory and pre-
departure requirements for
(d) Offenses Relating to Improper Use
- Uses or attempts to use, any passport the purpose of promoting
issued or designed for the use of another or trafficking;
any supporting documents for a passport
application which belongs to another f. Confiscating, concealing, or
destroying the passport, travel
- Furnishes, disposes, or delivers a passport to
documents or belongings of
any person, for use by another or other than
the person for whose use it was originally trafficked persons, or preventing
issued or designed them from leaving the country
or seeking redress from the
- Defaces or destroys a Philippine passport
government and appropriate
agencies;
 Reasons for the Law

• During the first semester of 2003, the Philippine

National Police (PNP) reported a total of 2,381 cases
of physical injuries/wife battering. This is more than
half (54.7%) of the total number of reported cases.
 Reasons for the Law
• Rape accounted for a total of 556 cases, or 12.8% of
the total reported VAW cases to the PNP, followed
by acts of lasciviousness with a total of 307 cases
(7.1%).
• According to a national survey 1 out 10
women have been harmed by someone
close to them at least once
• 1995 - 1998: 6 out of 10 women were
abused by their partners before marriage
(Women Crisis Center)
• 2001: 6,047 Cases of abuse against women
- 2,318 physical abuse, 815 trafficking and
707 sexual abuse cases (DSWD)
 Problems and Issues related to VAW
a.) View that VAWC is a private matter.
Family should have a semblance of harmony at all costs.
Men have the rights or authority over women especially in
the household. VAWC is, thus, perceived as legitimate.
b.) Belief that women deserve to be beaten, or like to be
beaten as this shows the masterful side of their men.
Beating is precipitated by victim’s failure to fulfill her
domestic role. Wife-beating is rationalized as a means of
“discipline”.

c.) Because many wives depend economically on their

husbands, they fear denouncing them or risk losing custody
of the children. They also fear social reprobation.
d.) Lack of responsiveness of law enforcers and lack of
shelters or knowledge of the same also hamper reporting
battery. e.) Filipino women have
been conditioned to equate chastity with self-worth and are
apt to remain silent on experiences that violate them.

f.) Men are normally aggressive and unable to control their

“biological urges.”
Women invite rape by being pretty, loose, aggressive. To a
certain extent, rape is seen as a tribute to stir up man’s
“natural instincts” and should be treated on a sexual level
rather than a crime of violence.
g.) Severe economic dislocations often leave women with no
recourse but to stick to their jobs no matter what the price:
meager wages, uncertain status, untenable working
conditions, sexual favors. Limited options abet sexual
harassment in the workplace. SOURCE: NCRFW
 Sec. 3 Definition of Terms
a) “Violence Against Women and Their Children” –
refers to any act or series of acts committed by any
person against:
his wife
ex-wife or
any woman whom he has had
sexual relations or
dating relations or
common child
against the child, whether
legitimate or illegitimate,
within or outside family home,
including other children under her care
which results in or is likely to result
in physical, sexual, psychological harm or
suffering or in economic abuse.
Sec. 3 Definition of Terms (as used in this Act)

• Includes, but not limited to:

• Categories of Violence

• a. Physical Violence – refers to acts that

include bodily or physical harm.

• b. Sexual Violence – refers to acts that are

sexual in nature, committed against a
woman or her child, including but not
limited to:
Sec. 3 Definitions cont...

1) rape, harassment, acts of lasciviousness

treating a woman or her child as a sex object,
physical
physically attacking sexual parts of the victim’s
body, forcing the victim to do indecent acts and/or
make films thereof
making demeaning or sexually suggestive
remarks forcing the victim to watch obscene
psycho- publications and shows, force the wife and
logical mistress/lover to sleep in the same conjugal home
or room with the abuser.
2) acts that cause or attempt to cause the victim to
engage in any sexual activity by force, coercion,
threats, physical or other harm/coercion.
3) prostituting the woman or her child.
c. Psychological Violence – refers to acts or omissions that cause or is likely
to cause emotional suffering of the victim including but not limited to
intimidation, harassment, stalking, public ridicule or humiliation, repeated
verbal abuse and marital infidelity, forcing the victim to witness
pornography or unlawful deprivation of custody or visitation rights of
common children.
damage to property, forcing the victim to witness the physical, sexual or
psychological abuse towards a family member or abuse of pets.

d. Economic Abuse – refers to acts that make or attempt to make a woman

financially dependent on her husband by
withdrawing financial support, depriving them of financial resources and
the right to use of conjugal or common property, or solely controlling the
victim’s own money/properties or property owned in common,
preventing the victim from engaging in a legitimate profession, destroying
household property.
Sec. 3 Definitions cont...
b.) x x x
c) “Battered Woman Syndrome” – BWS is a scientifically defined pattern
of psychological and behavioral symptoms found in women living in
abusive relationships as a result of cumulative abuse.
d) “Stalking” – an intentional act committed knowingly
and unlawfully by a person following a woman and/or
her child or putting them under direct/indirect
surveillance.
e) “Dating Relationship” – a situation wherein the
parties live as husband and wife without the benefit of
marriage or romantically involved over time and on a
continuous basis. This does not include casual
acquaintances or business and social relations.
f) “Sexual Relationship” – a single sexual act which may
or may not result in bearing of a common child.

h) “Children” – refers to those under 18 years of age

that are incapable of taking care of themselves as
defined under R.A. 7610. In this Act, it includes
biological children of the victim and other children
under her care.
 What acts are Punishable?

• Physical Harm • Causing or attempting to

• Threat to commit harm cause woman/child any
• Attempt to commit harm sexual activity (not rape)
• by force intimidation etc.
Causing fear of imminent
• Willfully causing
physical harm
• emotional or
Forcing to commit certain psychological stress
acts
• Stalking in all forms
• Restraining freedom of
• Destroying property
person
• • Harassment
Threat to take away child
• • Causing Mental or
Controlling another by
threatening to inflict harm Emotional anguish
on self
 Sec. 5 Acts of Violence Against Women and Their Children
There are 9 Acts which constitute the crime of violence against women and
their children:
a. Causing physical harm to the woman or child.
b. Threatening physical harm to the woman or child.
c. Attempting to cause physical harm to the woman or child.
d. Placing the woman or child in fear of imminent physical harm.
e. Attempting to compel or compelling the woman or child to engage in
conduct which they have the right to desist, or restricting conduct which
they have the right to participate. This may include the deprivation or
threat of deprivation of…
- the victim’s custody or access to his/her family
- the victim’s access to financial support
- the woman or her child of a legal right
- the victim’s right to engage in a legitimate profession or activity
- the victim’s control over their own money and property, or commonly owned
money and property
f. Inflicting or threatening to inflict harm on oneself to control the victim’s
actions/decisions. ACTS 5 (a) to (f) prescribe in 20 years.
Causing or attempting to cause the woman or child to
engage in sexual activity (which does not constitute
rape) by force, threats, physical harm or
intimidation against the victim or his/her family.
g. Knowingly or purposely engaging in conduct,
personally or through another, that causes
substantial emotional or psychological distress to
the woman or her child.
This may include stalking, lingering outside the victim’s residence,
entering and remaining in the dwelling of the victim against her will,
destroying the victim’s property, inflicting harm on victim’s pets or
engaging in any form of harassment or violence.

i. Causing mental or emotional anguish through public

ridicule and humiliation to the woman or her child,
repeated verbal and emotional abuse and denial of
financial support or custody of the woman’s children.
ACTS 5 (g) to (i) prescribe after 10 years.
 Penalties
• Penalties’ severity depends on the crime
committed
• Penalties imposed are imprisonment, fine
and mandatory psychological counseling or
treatment
• Imprisonment: Ranges from Arresto Mayor
(one month + 1 day to 6 months) to Prision
Mayor (6 years + 1 day to 12 years)
depending on the gravity of the crime.
• Fines range from 100,000 to 300,000 pesos
• Provisions of the RPC apply in certain cases
 Sec. 6 Penalties
Penalties for Violence Against Women and Their Children
Act Penalty
Sec. 5a - Attempted or consummated murder or
homicide shall be punished according to Revised
Penal Code
- Mutilation shall be punished according to
Revised Penal Code
- Serious physical injury results in the penalty of
prision mayor
- Less serious physical injury results in the
penalty of prision correccional
- Slight physical injury results in the penalty of
arresto mayor

Sec. 5b - Acts shall be punished two degrees lower than

the prescribed crime in Sec. 5a, but in no case
should be lower than arresto mayor
Sec. 6 Penalties cont…
Sec. 5c and 5d - Acts shall be punished by arresto mayor

Sec. 5e - Acts shall be punished by prision

correccional
Sec. 5f - Acts shall be punished by arresto mayor

Sec. 5g - Acts shall be punished by prision mayor

Sec. 5h and 5i - Acts shall be punished by prision mayor

* Acts that are committed while the woman or child is

pregnant or are committed in the presence of the
child are subject to the maximum period of penalty.
In addition to imprisonment, the perpetrator must
pay a fine between P100,000 and P300,000, and
undergo mandatory psychological counseling or
psychiatric treatment and report to the court.
 Rights of the Victim
• to be treated with respect and dignity;
• to avail of legal assistance form the PAO of
the Department of Justice (DOJ) or any
public legal assistance office;
• To be entitled to support services from the
DSWD and LGUs’
• To be entitled to all legal remedies and
support as provided for under the Family
Code; and
• To be informed of their rights and the
services available to them including their
right to apply for a protection order.
Sec. 8 Protection Orders (POs) – an order issued to prevent further acts of
violence against woman or her child; to safeguard victim from further harm,
facilitate her opportunity and ability to independently regain control of her
life.
Three Kinds of Protection Orders
1. Barangay protection order – refers to the PO issued by the Punong Barangay
ordering the perpetrator to desist from committing acts under Sec. 5 (a) and
(b) = causing or threatening to cause physical harm to woman or her child.
Venue follows rules under Sec. 409 of Local Government Code of 1991; (a)
same barangay = brought before the lupon of said barangay; (b) Those
involving different barangays within the same city or municipality =
barangay where the respondent or any of the respondents actually resides,
at the election of the complainant;  
(c) All disputes involving real property = barangay where the real
property or the larger portion thereof is situated.
BPOs shall be effective for 15 days; issued by Punong Barangay or in
absence, Barangay Kagawad; Violation =30 days imprisonment w/o
prejudice to criminal or civil action filed for acts committed; filed w/
municipal, metropolitan trial and municipal circuit trial courts.
2. Temporary Protection Order (TPO) – refers to the PO
issued by the court on the date of the filing of the application
after an ex parte determination that the order should be
issued. TPO is effective for 30 days. This may be extended or
renewed for 30 days at each time until final judgment is
issued (determination of issuance of PPO)
3. Permanent Protection Order (PPO) – protection order
issued after notice and hearing; (to the extent possible)
hearing on the merits within one (1) day; as long as there is
proper notice to respondent, non appearance of latter or his
counsel is not a ground for postponement; court may allow ex
parte presentation and render judgment on that basis; shall
allow history of abusive conduct of respondent even not v.
applicant. Even in dismissal of case under this Act, PPO may
still be issued as long as there is no clear showing that act
which is the basis of the application for PPO did not exist.
 Common Provisions of TPO and PPO
1. Issuance or pendency of BPO = not preclude
application for, or grant by the court of, TPO or PPO.
2. TPO or PPO = filed in the RTC, MTC, Metropolitan
trial court, MCTC with territorial jurisdiction over
petitioner’s residence, provided that if there is a Family
Court = filed with this court.
3. Application for PO with court = deemed application
for both TPO and PPO.
4. TPOs and PPOs shall be enforceable anywhere in the
Philippines.
5. Violation of TPO or PPO shall constitute Contempt of
Court under Rule 71 w/o prejudice to civil or criminal
action.
 What may POs include?
Under this Act, Protection Orders can be issued to prevent
further acts of violence against the woman or her child as
well as provide the necessary relief for the victim. This may
include:
- Prohibiting the abuser from committing or threatening
to commit acts of violence again;
- Prohibiting the abuser from harassing or
communicating with petitioner, directly or indirectly;
- Removal of the abuser from the residence of the
abused regardless of ownership of residence, either
temporarily or permanently where no property rights
are violated;
- Directing respondent to stay away from respondent
or designated family or household member and from
specified places (school, residence, workplace);
Sec. 8 Protection Orders cont…
- Directing lawful possession of an automobile and other necessary
personal effects to the victim regardless of ownership;
- Granting temporary or permanent custody of children to petitioner;
- Directing the abuser to provide support to the woman and/or child if
they are entitled to legal support as determined by the court; may order
automatic remittance of percentage of salary;
- Prohibiting abuser from possession of firearm or deadly weapon;

- Restitution for actual damages for violence inflicted, including but not
limited to, property damage, medical expenses, income lost, childcare
expenses;
- Directing DSWD and other appropriate agencies to provide the petitioner
temporary shelter and social services
- Provision of other forms of relief to petitioner and designated family or
household member.
* Any of these reliefs is provided even in the absence of a legal separation,
annulment or declaration of nullity.
SEC. 10. Where to Apply for a Protection Order. – Applications for
BPOs shall follow the rules on venue under Section 409 of the Local
Government Code of 1991 and its implementing rules and
regulations. An application for a TPO or PPO may be filed in the
regional trial court, metropolitan trial court, municipal trial court,
municipal circuit trial court with territorial jurisdiction over the
place of residence of the petitioner: Provided, however, That if a
family court exists in the place of residence of the petitioner, the
application shall be filed with that court.

SEC. 9.   Where to file the petition. – The verified petition for
protection order may be filed with the Family Court of the place
where the offended party resides.  If there is no existing Family
Court, it may be filed with the regional trial court, metropolitan
trial court, municipal trial court in cities, municipal trial court or
municipal circuit trial court with territorial jurisdiction over the
place of residence of the offended party. (A.M. No. 04-10-11-SC,
Sec. 9)
 The BPO shall be issued free of charge. Within
twenty four (24) hours after a BPO is issued, the
Punong Barangay, or in her/his absence or inability,
any available Barangay Kagawad shall assist the
victim-survivor/ petitioner in filing for an
application for a TPO or PPO with the nearest court
in the place of residence of the victim-survivor. If
there is no Family Court or Regional Trial Court, the
application may be filed in the Municipal Trial
Court, the Municipal Circuit Trial Court or the
Metropolitan Trial Court. For indigent petitioner,
the barangay shall ensure that transportation and
other expenses are provided for in filing for an
application for a protection order with the courts.
(Sec. 14 (d), 9262 IRR
Sec. 21. Violation of Protection Orders. – A complaint for a violation
of a BPO issued under this Act must be filed directly with any
municipal trial court, metropolitan trial court, or municipal circuit
trial court that has territorial jurisdiction over the barangay that
issued the BPO. Violation of a BPO shall be punishable by
imprisonment of thirty (30) days without prejudice to any other
criminal or civil action that the offended party may file for any of
the acts committed.
A judgment of violation of a BPO ma be appealed according to
the Rules of Court. During trial and upon judgment, the trial
court may motu proprio issue a protection order as it deems
necessary without need of an application.

A judgment of violation of a barangay protection order may

be appealed to the regional trial court whose decision shall
be final. An appeal from a judgment of violation of a
barangay protection order shall not stay the enforcement of
a protection order that might have been issued by the trial
court during the trial. (A.M. No. 04-10-11-SC, Sec. 43 [e]).
Effect on Legal Separation
When ground(s) for Legal Separation is violence
falling under this Act, Article 58 (cooling-off period of
six months) does not apply. The court shall proceed
with the main case and other incidents ASAP. Hearing
of issuance of PO must be conducted within
mandatory period specified in this Act = (one day – to
the extent possible)

Sec. 25 – VAWC as a Public Crime

Violence against women and their children shall be
considered a public offense which may be prosecuted upon
the filing of a complaint by any citizen having personal
knowledge of the circumstances involving the commission
of the crime.
SEC. 33. Prohibited Acts. - A Punong Barangay,
Barangay Kagawad or the court hearing an application for a
protection order shall not order, direct, force or in any way unduly
influence the applicant of a protection order to compromise or
abandon any of the reliefs sought in the application for protection
order under this Act.
Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412
and 413 of the Local Government Code of 1991 (provisions for
amicable settlement) shall not apply in proceedings where relief is
sought under this Act.

Failure to comply with this Section shall render the official or judge
administratively liable.

Law enforcers and other government personnel shall not mediate or

conciliate or influence the victim-survivor or applicant for a
protection order to compromise or abandon the relief sought. (Sec.
27, IRR)
 Who Can File Petitions for a Protection Order?
A Protection Order can be filed by any of the following:
a) the offended party
b) parents/guardians of the offended party
c) Ascendants, descendants, relatives of the offended
party within the fourth civil degree
d) officers or social workers of DSWD or social workers
of LGUs
e) police officers, preferably those with
women/children desks
f.) Punong Barangay or Barangay Kagawad
g) lawyer, counselor, therapist or healthcare provider
of petitioner
h) at least 2 concerned citizens of the city/mun. where
violence occurred and who has personal knowledge
of the offense(s) committed (VAWC, sec. 9)
 Where Can Cases of VAWC be Filed?
Sec. 7 - Cases of Violence Against Women and Their
Children can be filed:
a.) In the Regional Trial Court designated as the Family
Court shall have original and exclusive jurisdiction,
in the place where the offense was committed
OR in absence of first,
b.) In the Regional Trial Court where the crime or any of
its elements was committed at the option of the
victim

Sec. 34 – Exempt from Liability - Persons who act in

accordance with law and respond or intervene w/o
violence or use of restraint greater than necessary to
ensure safety of victim = no civil, criminal,
administrative liability
Sec. 26. Battered Woman Syndrome as a Defense. –

Victim-survivors who are found by the courts to be suffering

from battered woman syndrome do not incur any criminal and
civil liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense under the
Revised Penal Code.

Sec. 44 Confidentiality
All records pertaining to cases of violence against women and
their children including those in the barangay shall be
confidential and all public officers and employees and public or
private clinics or hospitals shall respect the right to privacy of
the victim. Whoever publishes or causes to be published, in
any format, the name, address, telephone number, school,
business address, employer or other identifying information of
a victim or an immediate family member without the latter’s
consent, shall be liable to the contempt power of the court. Any
person who violates this provision shall suffer the penalty of
one (1) year imprisonment and a fine of up to P500,000.
Rule XI (IRR)
Confidentiality
Section 63. Confidentiality. - During the investigation, prosecution and trial
under the Act, law enforcement officials, prosecution, judges, court personnel
and medical practitioners, as well as parties to the case, shall recognize the
right to privacy of the victim-survivor of violence. Law enforcement officers
and prosecutors shall conduct closed-door investigations and shall not allow
media to have access to any information regarding the victim-survivor. The
adult victim, however, may choose to go public or speak with the media,
preferably with the assistance of her counsel.
The barangay officials, law enforcers, prosecutors and court personnel shall not
disclose the names and personal circumstances of the victim-survivors or
complainants or any other information tending to establish their identities to
the media or the public or compromise her identity. It shall be unlawful for any
editor, publisher, reporter or columnist in case of printed materials, announcer
or producer in case of television and radio, producer and director of a film in
case of the movie industry, or any person utilizing tri-media or information
technology to cause publicity of the name or identity of the victim-survivor or
complainant without her consent. Identities of children shall not be disclosed
to the public without the conformity of the DSWD officer of the city or
province.
Any person who violates shall suffer the penalty of one year imprisonment and
People v. Genosa, G.R. No. 135981, January 15, 2004
Defense of Genosa – BWS was considered mitigating
only under nos. 9 (illness which diminishes will power)
and 10 (analogous cases) of Art. 13, RPC

While our hearts empathize with

recurrently battered persons, we can only
work within the limits of law,
jurisprudence and given facts. We cannot
make or invent them. Neither can we
amend the Revised Penal Code. Only
Congress, in its wisdom, may do so.
 The Anti-Rape Law of 1997

The Crime Against Persons. The crime of rape shall

hereafter be classified as a Crime Against Persons under
Title Eight of Act No. 3815, as amended, otherwise known
as the Revised Penal Code. Accordingly, there shall be
incorporated into Title Eight of the same Code a new
chapter to be known as Chapter Three on Rape, to read as
follows:

Chapter Three
Article 266-A. Rape: When And How Committed.
Rape is Committed -
By a man who shall have carnal knowledge of a woman
under any of the following:
• Through force, threat, or intimidation;

• When the offended party is deprived of reason or

otherwise unconscious;
• By means of fraudulent machination or grave abuse of
authority; and
• When the offended party is under twelve (12) years of
age or is demented, even though none of the
circumstances mentioned above be present.
• 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.
Article 266-C. Effect of Pardon. The subsequent
valid marriage between the offender and the
offended party shall extinguish the criminal
action or the penalty imposed.
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.
Article 266-D. 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 the acts punished under Article
266-A.
REPUBLIC ACT No. 8505      February 13, 1998
Section 5. Protective Measures. - At any stage of the
investigation, prosecution and trial of a complaint for
rape, the police officer, the prosecutor, the court and
its officers, as well as the parties to the complaint
shall recognize the right to privacy of the offended
party and the accused. Towards this end, the police
officer, prosecutor, or the court to whom the
complaint has been referred may, whenever
necessary to ensure fair and impartial proceedings,
and after considering all circumstances for the best
interest of the parties, order a closed-door
investigation, prosecution or trial and that the name
and personal circumstances of the offended party
and/or the accused, or any other information tending
to establish their identities, and such circumstances or
information on the complaint shall not be disclosed to
the public.
The investigating officer or prosecutor shall
inform the parties that the proceedings can
be conducted in a language or dialect known
or familiar to them.

Section 6. Rape Shield. - 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 IRR

Section 15. RIGHT TO PRIVACY.

at any stage of the investigation,
prosecution and trial of a complaint for
rape, the police officer, prosecutor, and
the court and its officers, shall
recognize the right to privacy of the
offended party and the accused as
guaranteed by the Constitution;
Primarily, RA 8353’s amendment to the crime of
rape is marked by its reclassification to a crime
against person from that of chastity.

The law also created the offense of sexual assault

which may be committed against both men and
women.

Lastly, whatever doubt there was prior to this law

on whether a husband can be guilty of rape
against his wife was certainly clarified, leaving no
doubt that even a husband could not force his
sexual desires against his wife.
The country report made mention that
the gains earned by women in their
fight against violence could be lost

“if existing judicial doctrines are

allowed to apply and

if court procedures that force rape

victims to re-live the crime when giving
testimony are not changed.”
How much of these two factors
can be attributed to the judicial
system?

“… if court procedures that force

rape victims to re-live the crime
when giving testimony are not
changed.”
Violence Against Women is a Form of Discrimination

CEDAW acknowledges that “Family violence is one of

the most insidious forms of violence against women”
and “is prevalent in all societies.” Accordingly, women
suffer violence of all kinds which is perpetuated by
traditional attitudes in society and continued economic
dependence of women which force them to stay in
violent relationships. “These forms of violence put
women's health at risk and impair their ability to
participate in family life and public life on a basis of
equality.” (General Recommendation No. 19)
 Problems and Issues related to VAW
a.) View that VAWC is a private matter.
Family should have a semblance of harmony at all
costs.
Men have the rights or authority over women
especially in the household. VAWC is, thus, perceived
as legitimate.

b.) Belief that women deserve to be beaten, or like to

be beaten as this shows the masterful side of her man.
Beating is precipitated by victim’s failure to fulfill
her domestic role. Wife-beating is rationalized as a
means of “discipline”.
c.) Because many wives depend economically on their
husbands, they fear denouncing them or risk losing
custody of the children. They also fear social reprobation.

d.) Lack of responsiveness of law enforcers and lack of

shelters or knowledge of the same also hamper reporting
battery.

e.) Filipino women have been conditioned to

equate chastity with self-worth and are apt to
remain silent on experiences that violate them.
f.) Men are normally aggressive and unable to
control their “biological urges.”

Women invite rape by being pretty, loose,

aggressive. To a certain extent, rape is seen as a
tribute to stir up man’s “natural instincts” and
should be treated on a sexual level rather than a
crime of violence.

g.) Severe economic dislocations often leave women with

no recourse but to stick to their jobs no matter what the
price: meager wages, uncertain status, untenable
working conditions, sexual favors. Limited options abet
sexual harassment in the workplace.
Sec. 30 Sexual Abuse shield rule – inadmissible
evidence – child engaged in other sexual behavior /
to prove sexual predisposition

New Rape Law (RA 8353) – reclassified Rape from

crime against chastity to crime against person
- in relation to RA 8505, Section 6. Rape
Shield - In prosecutions for rape, evidence
of complaint’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.
… if existing judicial doctrines are
allowed to apply
"She was also aware that by testifying, she made
public a painful and humiliating secret, which
others would have simply kept to themselves
forever, jeopardized her chances of marriage or
foreclosed the possibility of a blissful married life
as her husband may not fully realize the
excruciatingly painful experience which would
haunt her."
People v. Matrimonio, G.R. Nos. 82223-4, November 13,
1992)
 People v. Melivo, (G.R. No.
113029, Feb. 8, 1996)

With all the attendant social consequences such a

classification brings, many rape cases go naturally
unreported, and those which manage to reach the
authorities are routinely treated in a manner so
demeaning to the victim's dignity and the
psychological ordeal and injury is repeated again
and again in the hands of inexperienced, untrained
and oftentimes callous investigators and courtroom
participants.
If a woman would have second thoughts about
filing an ordinary rape case, all the more would it
be difficult and painful for a child to complain
against her own father.
GENDER STEREOTYPES, CREDIBILITY & CHASTITY,
VIRGIN V. VAMP

People v. Agbayani, G.R. No. 122770, January

16, 1998
"x x x. She thereby jeopardized her chances to
marriage, as even a compassionate man may
be reluctant to marry her because her traumatic
experience may be a psychological and
emotional impediment to a blissful union.
Moreover, such a revelation divided her family
and brought it shame and humiliation."
GENDER STEREOTYPES, CREDIBILITY & CHASTITY, VIRGIN V. VAMP

People v. Flores, G.R. No. L-60665, October 26,

1983
"x x x The contention that the complainant was
only 14 years old at the time of commission of
the offense (December 12, 1980) and therefore,
not capable of making false statements against
her abuser would have been true two
generations ago but not anymore these days
when teenagers are sex conscious, outgoing,
frank and aggressive."
GENDER STEREOTYPES, CREDIBILITY & CHASTITY, VIRGIN V. VAMP

People v. Lor, G.R. No. 133190. July 19, 2001

Accused-appellant argued that there can be no rape committed
considering that the complainant offered no resistance or vocal
protestation against the sexual assault on her dignity. The evidence
shows that accused-appellant had to pull and drag A, which are
indication of her resistance under the circumstances. As correctly
pointed out by the Solicitor General, A is a thirteen-year old sexually
inexperienced provincial lass, not a sophisticated grown woman whose
inaction may properly be interpreted as consent.

This is especially true in the case of A who obviously cannot be

expected to act like an adult or a mature experienced woman who
would have the courage and intelligence to disregard the threat to
her life and complain immediately that she had been sexually
assaulted.
CRIME AGAINST CHASTITY TO CRIME AGAINST PERSON

PEOPLE vs. LIBO-ON G.R. NO. 136737 MAY 23, 2001

Under the new law, the crime of rape may

now be prosecuted even without the
initiative or even consent of the offended
party.
The Supreme Court further added that, even
if an affidavit of desistance was executed
voluntarily, the court still has the discretion to
disregard the same and proceed with the trial
of the accused.
People v. Dulay (G.R. Nos. 144344-68 July 23, 2002)

At the Bicameral Conference Committee Meeting on the

disagreeing provisions of S.B. No. 950 and H.B. No. 6265,
the forerunners of R.A. No. 8353, the legislators agreed
that Article 266-D is intended to “soften the jurisprudence
of the 1970’s” when resistance to rape was required to be
tenacious. The lawmakers took note of the fact that rape
victims cannot mount a physical struggle in cases where
they were gripped by overpowering fear or subjugated by
moral authority. Article 266-D tempered the case law
requirement of physical struggle by the victim with the
victim’s fear of the rapist or incapacity to give valid
consent. Thus, the law now provides that resistance may
be proved by any physical overt act in any degree from
the offended party.
Thus, a gendered implementation of
the Anti-Rape Law should mean that
the entire process of prosecuting rape
cases must be gender-sensitive,
including the decisions rendered by
the courts.
CRIME AGAINST CHASTITY TO CRIME AGAINST PERSON

The change in the law should result in the promotion of

the rights of women and girls.
The woman and girl-child must be believed on the basis
of an appreciation of their own testimony and other
evidence, if available,
but not on how chaste or innocent they have remained
or how well they have taken care of their reputation.
Courts and their officers have the responsibility of
reflecting this change, not only because they have the
duty to interpret the law but also because those in
charge of enforcing and implementing it, every so often
rely on jurisprudence for guidance.
Images of Women in Impunity
Amparita S. Sta. Maria
I. Avoid gender stereotyping offended parties / “profiling”
who are likely telling the truth or fabricating.
Jurisprudence that accords credence to the victim‘s
testimony principally because she is “inexperienced in sex”
or for being a “provincial lass” and “not a sophisticated
woman” must be abandoned.
“young barrio lass; naive and inexperienced”
“chaste Filipina”
“good reputation”
“young virgin barrio-girl”
“Filipina of rural breeding”
“decent Filipina”
“young and immature”
“innocent and guileless”
“inexperienced in the ways of the world”
“naivetè and limited intelligence”
II. Emphasize that rape is an act of violence
against the personhood of the victims rather than
their chastity and honor.
Less emphasis on the “shame,” “humiliation,”
“dishonor,” “embarrassment” and “stigma”
befalling the woman.

III. Be more sensitive to the differences in

actions and reactions of victims, depending on
their contextual situation.
CASES UNDER NEW ANTI-RAPE LAW

People v. Jason Navarro, Solomon Navarro and Roberto Olila

(acquitted) (G.R. 137597, October 24, 2003)

The defense’s attempt to depict the victim as a woman of loose

morals deserves scant consideration. The victim’s character or
reputation is immaterial in rape, there being absolutely no nexus
between it and the odious deed committed. A woman of loose
morals could still be the victim of rape, the essence thereof being
carnal knowledge of a woman without her consent.

The argument of appellants that the victim must have consented

to the sexual act, if indeed there was, because she acquiesced to
go with them and had the opportunity to leave their company at
any time she wished, is a non sequitur. Freely going with a
group for a ride around is one thing; freely having sex with one
of the members thereof is another.
PEOPLE v. ILAGAN (G.R. No. 144595. August 6, 2003)

Appellant claims that the victim’s failure to resist the assault and the
delay in reporting the case to the authorities are sufficient to impair
her credibility. We disagree. Physical resistance need not be
established in rape when intimidation is exercised upon the victim
herself. As held in People v. Las Pinas, Jr., the test is whether the
intimidation produces a reasonable fear in the mind of the victim that if
she resists or does not yield to the desires of the accused, the threat
would be carried out. When resistance would be futile, offering none at
all does not amount to consent to sexual assault. The law does not
impose upon a rape victim the burden of proving resistance.
Anent the delay in reporting the case to the authorities, suffice it to
state that delay and the initial reluctance of a rape victim to make
public the assault on her virtue is neither unknown or uncommon.
Rape is a traumatic experience, and the shock concomitant with it may
linger for a while. Oftentimes, the victim would rather bear the
ignominy and the pain in private, rather than reveal her shame to the
world or risk the rapist’s carrying out his threat to harm her.
People v. Orlando Sonido (G.R. No. 148815) July 7, 2004
Proof of external injuries is not indispensable in a prosecution for rape
committed with force or violence.  Proof of injury is not an element of rape.
The resistance on the part of the victim need not be carried to the point of
inviting death or sustaining physical injuries at the hand of the rapist.  It
suffices that the coitus takes place against her will, or that she yields
because of genuine apprehension of great harm.

We are also not persuaded by the appellant’s allegation that Josephine is a

scorned woman.  The spontaneity of all her acts after the rape, namely,
running for help without any clothes; rushing to the barangay chairman to
report her ordeal; reporting the incident to the police authorities; and
subjecting herself to a medico-legal examination, completely negates the
appellant’s scorned woman theory foisted on the Court.
The sweetheart theory proffered by the appellant hardly deserves
attention. We have constantly ruled that a love affair does not justify
rape, for the beloved cannot be sexually violated against her will. A
sweetheart cannot be forced to have sex against her will – love is not
a license for lust.
Criminal Justice System must uphold:

Constitution - that the State shall “ensure

the fundamental equality before the law of
men and women; (Art II, sec. 14)

Country’s commitment to Convention on the

Elimination of All Forms of Discrimination
Against Women (CEDAW) to eliminate de
jure and de facto discrimination.
 THE END
THANK YOU!!!
References:
Eleanor R. Dionisio, Women, Men and Gender as Social Construction
Ann Oakley, Sex, Gender and Society
Victoria Robinson and Diane Richardson (eds.), Introducing Women’s Studies

http://www.unhchr.ch/tbs/doc.nsf/0/3888b0541f8501c9c12563ed004b8d0e?
Opendocument
http://www.un.or.th/ohchr/training/Pdf/normative-content.pdf
http://www.hrusa.org/hrh-and-n/default.htm
International Human Rights in a Nutshell by Thomas Buergenthal
http://www1.umn.edu/humanrts/instree/i1ccleo.htm

Additional References:
Cases complied by Adhikain Para sa Karapatang Pambata (AHRC-AKAP)
Cases researched by Ateneo Human Rights Center and the Ateneo Center for Legal
Services
Agnes Callamard, A Methodology for Gender-Sensitive Research