Part 1: Legal Mandates and Instruments

International Context

The Beijing Declaration and Platform for Action (BPFA) is the resulting document
from the Fourth World Conference on Women held in Beijing in September 1995,
the 50th anniversary year of the founding of the United Nations. Although it is
stand-alone document, the BPFA builds upon consensus and progress made at
earlier UN conferences and summits, particularly the Conference on Women in
Nairobi in 1985 which developed the Nairobi Forward-looking Strategies for the
Advancement of women and the earlier Convention on the elimination of all
forms of discrimination against Women (CEDAW).

The BPFA is not a binding treaty. It does not provide a mechanism for redress of
wrongs, nor is there any enforcement mechanism. Several issues arose in the
crafting of the BPFA and some countries made reservations.

One of the issues that arose in the discussion was the “equal-equitable” debate.
Government debated on whether women’s right to inheritance should be treated
equally (absolute equality) or equitably (fairly, but also in consonance with
Country’s religion and culture). Likewise, not all Governments agreed that
women’s rights are human rights in that women’s rights are universal in nature.

Nevertheless, the BPFA is a consensus document signed by 189 countries that

is the most comprehensive statement about issues concerning women the world
has seen.

The CEDAW, adopted in 1979 by the UN General Assembly, is often described

as an international bill of rights for women. It defines what constitute
discrimination against women and sets up an agenda for national action to end
such discrimination. The convention has the strength of a treaty, which means
all 188 countries that have ratified or acceded to the CEDAW, including the
Philippines, are legally bound to put its provisions into practice. The United
States and Palau are signatories, but have not ratified or acceded to it.

Signatory countries are also committed to submit national reports, at least every
four years, on measures they have taken to comply with their treaty obligations.

Local Context

The policy environment in the Philippines is said to be one of the most gender-
sensitive, with legislation in place to cover violence against women and children,
and more specific forms of gender-based violence such as rape and sexual
harassment. In education and literacy, Filipino women have fared slightly but
consistently better than men (86.3 vs. 89.1 percent). Since 1990s, females
maintains higher rates of cohort survival and completion rates than in males in
all levels of education.1*
The enactment of Magna Carta of Women (MCW) in 2009 seeks to close the gap
between policy intent and implementation. The MCW establishes the basic
principle that all rights in the constitution and those rights recognized under
international instruments ratified by the Philippines shall be the rights of women
to be enjoyed without discrimination.

The MCW reproduced in this section highlights the portion directly relevant to
CHED as one of the principal implementing agencies that will ensure respect for
women’s right to education. The Implementing Rules and Regulation, for
example, mandate that within three years of its adoption, the Department of
Education, CHED and the Technical Education and Skills Development
Authority develop and promote gender-sensitive curriculum and gender-fair
instructional materials.

Following the enactment of the MCW, the National Economic Development

Authority (NEDA) and the Department of Budget and Management (DBM) and
the Philippine Commission on Women (PCW) issued Joint Circular (JC) No.
2012-01 or Guidelines in the Preparation of the Annual GAD Plan and Budget
and GAD Accomplishment Report to Implement the MCW.

The Philippines has consistently ranked high in terms of gender equality over
the years, with the most recent Global Gender Gap Report placing the country
initially at eighth, then recently at fifth and lately at ninth in the world in
ensuring gender equality.

But how is gender equality measured? The indicators that determines a country’s
success in closing the gender gap take into consideration: (1) the country’s
investments in human capital, particularly in education; (2) measures taken to
ensure equal access to economic resources, opportunities and services; (3)
measures adopted to increase women’s opportunities to participate in decision
making and leadership; (4) reducing inequalities and eliminating discrimination
by advancing the rights of girls and women.

Highlights of the Philippines’ performance, as measured by the most recent

Global Gender Gap report, are reproduced here.
 The Beijing Platform for Action:
At a glance

The Beijing platform for action was adopted on 15 September 1995 by 189
signatory states and welcomed as a historical document. It includes pioneering
measures in the following 12 main areas, whose interdependence is repeatedly
emphasized:

A Women and poverty

B Education and training for women
C Women and health
D Violence against women
E Women and armed conflict
F Women and the economy
G Women in power and decision-making
H Institutional mechanisms for the advancement of women
I Human rights of women
J Women and media
K Women and the environment
L The girl-child

The most important advance is in the confirmation of the universality of women’s

human rights, recognition of sexual rights and a re-emphasis on reproductive
rights, in very clear statements about violence against women-including violence
in the context of armed conflicts- and, above all in proposals for changing
inheritance laws. The important paragraph on the commitment to gender
mainstreaming was also adopted at this Conference.

The Platform for Action unambiguously emphasizes the responsibility of states

for promoting gender equality and it also reflects the paradigm shift from “women
in development” (WID) to “ gender and development” (GAD”, i.e. from women to
changes in gender relations and the social framework.
 CEDAW: A Summary

ARTICLE 1 DEFINES DISCRIMINATION

‘…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 freedom in the political,
economic, social, cultural, civil or any other field’.

ARTICLE 2: DUTY OF THE STATE

The state must ensure the elimination of discrimination in laws, policies
and practices nationally.

ARTICLE 3: EQUALITY
The state must take measures to uphold women’s equality in all fields.

ARTICLE 4: TEMPORARY MEASURES

States are allowed to implement temporary measures, if this means the
acceleration of women’s equality.

ARTICLE 5: CULTURE
States must abolish discriminatory cultural practices or traditions.

ARTICLE 6: TRAFFICKING
State must take the appropriate steps to suppress the exploitation involved
in prostitution and in the trafficking of women.

ARTICLE 7: POLITICAL AND PUBLIC LIFE

Women must have equal rights to vote, hold public office, and participate
in civil society.

ARTICLE 8: GOVERNMENTAL REPRESENTATION

Women must be allowed to work and represent their governments
internationally.

ARTICLE 9: NATIONALITY
Women have the right to acquire, retain and even change their nationality
as well as that of their children.

ARTICLE 10: EDUCATION

Women have equal rights with men with regard to education.

ARTICLE 11: EMPLOYMENT

Women have equal rights with men in employment (equal pay, healthy
working conditions etc.)

ARTICLE 12: HEALTH

 Women have equal rights to health care with an emphasis on reproductive
health services.

ARTICLE 13: ECONOMIC AND SOCIAL LIFE

Women have equal rights to family benefits, financial credit and equality
in recreational activities.

ARTICLE 14: RURAL WOMEN

Rural women must have the right to adequate living conditions,
participation in development planning and access to healthcare and education.

ARTICLE 15: EQUALITY BEFORE THE LAW

Women and men must be seen as equal before the law, have the legal right
to own property and choose their place of residence.

ARTICLE 16: MARRIAGE AND FAMILY

Women have equal rights with men within marriage, including family
planning.

ARTICLE 17-24:
Refer to the functioning and role of the Committee of CEDAW and
reporting procedures.

ARTICLE 25-30:
Refer to the administration of the convention.

CEDAW was adopted by the UN General Assembly on the 18th of December 1979,
was signed by 64 countries in 1980 and came into force on the 3rd of September
1981.

One-hundred Eighty-six countries have ratified the Convention and 99 have

ratified the Optional Protocol which recognizes and describes the role of the
Committee on the Elimination of Discrimination against Women (the committee
that monitors States compliance with the Convention) to receive and consider
complaints from individuals or groups.

The eight countries to have not yet ratified CEDAW are the United States of
America, Sudan, Iran, Nauru, Palau, Qatar, Tonga and Somalia. States which
are party to the Convention must report every four years.
CEDAW: at a glance

Article 1: Definition of Discrimination

Discrimination against women is: “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…of human rights and fundamental
freedom.

Article 2: Policy Measures to be taken

Governments condemn discrimination against women in all forms and will work
to end it. This includes abolishing all existing laws, customs and regulations that
are discriminatory.

Article 3: Guarantee of Basic Human Rights

Governments will take all appropriate actions to ensure the advancement of
women and to protect their rights on a basis of equality with men.

Article 4: Temporary Special Measures

Governments may institute affirmative action programmes to ensure women’s
advancement. This will not be considered discriminatory.

Article 5: Sex Roles and Stereotyping

Governments will strive to eliminate cultural and traditional practices that
perpetuate discrimination and gender stereotyping of women.

Article 6: Trafficking and Prostitution

Governments will work to eliminate trafficking in women and the exploitation of
the prostitution of women.

Article 7: Political and Public Life

Governments will work to eliminate discrimination against women in political
and public life and will ensure women the right to vote, hold office and actively
participate in political parties, lobby groups and NGOs.

Article 8: Participation at the International Level

Governments will take action to ensure women the opportunity to represent their
government at the international level and participate in international
organizations.

Article 9: Nationality
Government will grant women equal rights to change or retain their nationality
and that of their children.

Article 10: Equal Rights in Education

Governments will act to eliminate discrimination against women in education.
This includes giving women and men equal access to education and vocational
guidance; the same curricular, examinations, standards of teaching and
equipment; and equal access to scholarships and grants.
Article 11: Employment
Governments will eliminate discrimination against women in the workplace.
Women will have the same employment rights as men as well maternity leave
and special protection against harmful work during pregnancy.

Article 12: Health Care and Family Planning

Governments will eliminate discrimination against women in the health care and
provide them with equal access to health-care services, including family
planning.

Article 13: Economic Life, Sport and Culture

Governments will act to eliminate discrimination against women in the economic
and social arenas. Women will have equal access to family benefits, loans and
credit, and an equal right to participate in recreational activities, sports and
cultural life.

Article 14: Rural Women

Governments will ensure that the particular needs of rural women are met in
relation to access to services, training and employment opportunities and social
equity schemes, and act to eliminate discrimination against them.

Article 15: Equality before the Law

Governments will give women and men before the law, including rights to enter
contracts, administer property, appear in court or before tribunals, and to
choose residence and domicile.

Article 16: Marriage and the Law

Governments will ensure that women and men have equal rights to choose a
spouse and to marry; the same rights and responsibilities within marriage and
on divorce; equal rights in all matters relating to the birth, adoption and raising
of children.

Article 17-22:
Detail the establishment and function of the Committee on the Elimination of
Discrimination against Women.

Article 23-30:
Detail the administration of the convention
 Republic of the Philippines
Congress of the Philippines
Metro Manila

Fourteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight

Day of July, Two thousand eighth.

(REPUBLIC ACT NO. 9710)

AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

Be enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

CHAPTER 1
GENERAL PROVISIONS

SECTION 1. Short Title. – This Act shall be known as “The Magna Carta
of Women”.

SECTION 2. Declaration of Policy. - Recognizing that the economic,

political, and sociocultural realities affect women’s current condition, the State
affirms the role of women in nation building and ensures the substantive equality
of women and men. It shall promote empowerment of women and pursue equal
opportunities for women and men and ensure equal access to resources and to
development results and outcome. Further, the State realizes that equality of
men and women entails the abolition of the unequal structures and practices
that perpetuate discrimination and inequality. To realize this, the State shall
endeavor to develop plans, policies, programs, measures, and mechanisms to
address discrimination and inequality in the economic, political, social, and
cultural life of women and men.

The State condemns discrimination against women in all its forms and pursues
by all appropriate means and without delay the policy of eliminating
discrimination against women in keeping with the Convention on the Elimination
of All Forms of Discrimination Against Women (CEDAW) and other international
instruments consistent with Philippine law. The State shall accord women the
rights, protection, and opportunities available to every member of society.

The State affirms women’s rights as human rights and shall intensify its efforts
to fulfill its duties under international and domestic law to recognize, respect,
protect, fulfill, and promote all human rights and fundamental freedoms of
women, especially marginalized women, in the economic, social, political,
cultural, and other fields without distinction or discrimination on account of
class, age, sex, gender, language, ethnicity, religion, ideology, disability,
education, and status.
The State shall provide the necessary mechanisms to enforce women’s rights and
adopt and undertake all legal measures necessary to foster and promote the
equal opportunity for women to participate in and contribute to the development
of the political, economic, social, and cultural realms. The State, in ensuring the
full integration of women’s concerns in the mainstream of development, shall
provide ample opportunities to enhance and develop their skills, acquire
productive employment and contribute to their families and communities to the
fullest of their capabilities.

In pursuance of this policy, the State reaffirms the right of women in all sectors
to participate in policy formulation, planning. Organization, implementation,
management, monitoring, and evaluation of all programs, projects, and services.
It shall support policies, researches, technology, and training programs and
other support services such as financing, production, and marketing to
encourage active participation of women in national development.

SEC. 3. Principles of Human Rights of Women. – Human rights are

universal and inalienable. All people in the world are entitled to them.
The universality of human rights is encompassed in the words of Article 1 of the
Universal Declaration of Human Rights, which states that all human beings are
free and equal in dignity and rights.

Human rights are indivisible. Human rights are inherent to the dignity of every
human being whether they relate to civil, cultural, economic, political, or social
issues.

Human rights are interdependent and interrelated. The fulfillment of one right
often depends, wholly or in part, upon the fulfillment of others.

All individuals are equal as human beings by virtue of the inherent dignity of
each human person. No one, therefore, should suffer discrimination on the basis
of ethnicity, gender, age, language, sexual orientation, race, color, religion,
political, or other opinion, national, social, or geographical origin, disability,
property, birth, or other status as established by human rights standards.

All people have the rights to participate in and access information relating to the
decision-making processes that affect their lives and well-being. Rights-based
approached require a high degree of participation by communities, civil society,
minorities, women, young people, indigenous peoples, and other identified
groups.

States and other duty-bearers are answerable for the observance of human
rights. They have to comply with the legal norms and standards enshrined in
international human rights instruments in accordance with the Philippine
Constitution. Where they fail to do so, aggrieved rights-holders are entitled to
institute proceedings for appropriate redress before a competent court or other
adjudicator in accordance with the rules and procedures provided by law.
 CHAPTER 11
DEFINITION OF TERMS

SEC. 4. Definitions. - For purposes of this act, the following terms shall
mean:

(a) “Women Empowerment” refers to the provision, availability, and

accessibility of opportunities, services, and observance of human rights which
enable women to actively participate and contribute to the political, economic,
social, and cultural development of the nation as well as those which shall
provide them equal access to ownership, management, and control of
production, and of material and informational resources and benefits in the
family, community, and society.

(b) “Discrimination Against Women” refers to any gender-based

distinction, exclusion or restriction 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 political, economic, social, cultural, civil, or any
other field.

It includes any act or omission, including by law, policy, administrative measure,

or practice, that directly or indirectly excludes or restricts women in the
recognition and promotion of their rights and their access to and enjoyment of
opportunities, benefits, or privileges.

A measure of practice of general application is discrimination against women if

it fails to provide for mechanisms to offset or address sex or gender-based
disadvantages or limitations of women, as a result which women are denied or
restricted in the recognition and protection of their rights and in their access to
and enjoyment of opportunities, benefits, or privileges; or women, more than
men, are shown to have suffered the greater adverse effects of those measures
or practices.

Provided, finally, that discrimination compounded by or intersecting with other

grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be
considered discrimination against women under this Act.

(c) “Marginalization” refers to a condition where a whole category, of

people is excluded from useful and meaningful participation in political,
economic, social, and cultural life.

(d) “Marginalized” refers to the basic, disadvantaged, or vulnerable

persons or groups who are mostly living in poverty and have little or no access
to land and other resources, basic social and economic services such as health
care, education, water and sanitation, employment and livelihood opportunities,
housing, social security, physical infrastructure, and the justice system. These
include, but are not limited to, women in the following sectors and groups:

(1) “Small Farmers and Rural Workers” refers to those who are
engaged directly or indirectly in small farms and forest areas,
workers and commercial farms and plantations, whether paid or
unpaid, regular or season bound. These shall include, but are
not limited to, (a) small farmers who own or are still amortizing
for land that is not more than three (3) hectares, tenants, lease
holders, and steward; and (b) rural workers who are either wage
earners, self-employed, unpaid family workers directly and
personally engaged in agriculture, small scale mining,
handicrafts, and other related farm and off-farm activities;

(2) “Fisher folk” refers to those directly or indirectly engaged in

taking, culturing, or processing fishery or aquatic resources.
These include, but are not limited to, women engaged in fishing
municipal waters, coastal and marine areas, women workers in
commercial fishing and aquaculture, vendors and processors of
fish and coastal products, and subsistence producers such as
shell gatherers, managers and producers of mangrove resources,
and other related producers;

(3) “Urban Poor” refers to those residing in urban and urbanizable

slam or blighted areas, with or without the benefit of security of
abode, where the income of the head of the family cannot afford
in a sustained manner to provide for the family’s basic needs of
food, health, education, housing, and other essential in life;

(4) “Workers in the formal Economy” refers to those who are

employed by any person acting directly or indirectly in the
interest of an employer in relation to an employee and shall
include the government and all its branches, subdivisions, and
instrumentalities, all government owned and controlled
corporations and institutions, as well as nonprofit private
institutions or organizations;

(5) “Workers in the Formal Economy” refers to self-employed,

occasionally or personally hired, subcontracted, paid, and
unpaid family workers in household incorporated and
unincorporated enterprise, including home workers, micro-
entrepreneurs and producers, and operators of sari-sari stores
and all other categories who suffer from violation of workers’
rights;

(6) “Migrant Workers” refers to Filipinos who are to be engaged, are

engaged, or have been engaged in a remunerated activity in a
 State of which they are not legal residents, whether documented
or undocumented.

(7) “Indigenous Peoples” refers to a group of people or homogenous

societies identified by self-ascription and ascription by other, who
have continuously live as organized community on communally
bounded and defined territory, and who have , under claims of
ownership since time immemorial, occupied, possessed customs,
tradition, and other distinctive cultural traits, or who have,
through resistance to political, social, and cultural inroads of
colonization, non-indigenous religions and culture, became
historically differentiated from the majority of Filipinos. They
shall likewise include peoples who are regarded as indigenous on
account of their decent from the populations which inhabited the
country, at the time of conquest or colonization, or at the time of
inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or
all of their own social, economic, cultural, and political
institutions, but who may have been displaced from their
traditional domains as defined under section 3(h), Chapter ii of
Republic Act No. 8371, otherwise known as “ The Indigenous
Peoples Rights Act of 1997” (IPRA of 1997);

(8) “Moro” refers to native peoples who have historically inhabited

Mindanao, Palawan, and Sulu, and who are largely of the Islamic
Faith;

(9) “Children” refers to those who are below eighteen (18) years age
or over but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation, or
discrimination because of physical or mental disability or
condition;

(10) “Senior Citizens” refers to those sixty (60) years of age and
above;

(11) “Persons with Disabilities” refers to those who are suffering

from restriction or different abilities, as a result of a mental,
physical, or sensory impairment to perform an activity in the
manner or within the range considered normal for a human
being; and

(12) “Solo Parents” refers to those who fall under the category of a
solo parent defined under Republic Act No. 8972, otherwise
known as the “Solo Parent Welfare Act of 2000”.
(e) “Substantive Equality” refers to the full and equal enjoyment of rights
and freedoms contemplated under this Act. It encompasses de jure and
de facto equality and also equality in outcomes.

(f) “Gender Equality” refers to the principle asserting the equality of men
and women and their right to enjoy equal conditions realizing their full
human potentials to contribute to and benefit from the results of
development, and with the State recognizing that all human beings are
free and equal in dignity and rights.

(g) “Gender Equity” refers to the policies, instruments, programs, services,

and actions that address the disadvantaged position of women in
society by providing preferential treatment and affirmative action. Such
temporary special measures aimed at accelerating de facto equality
between men and women shall not be considered discriminatory but
shall in no way entail as a consequence the maintenance of unequal or
separate standards. These measures shall be discontinued when the
objectives of equality of opportunity and treatment have been achieved.

(h) ‘Gender and Development (GAD)” refers to the development perspective

and process that are participatory and empowering, equitable,
sustainable, free from violence, respectful of human rights, supportive
of self-determination and actualizations of human potentials. It seeks
to achieve gender equality as a fundamental value that should be
reflected in development choices; seeks to transform society’s social,
economic, and political structures and questions they validity of the
gender roles they ascribed to women and men; contends that women
are active agents of development and not just passive recipients of
development assistance; and stresses the need of women to organize
themselves and participate in political processes to strengthen their
legal rights.

(i) “Gender Mainstreaming” refers to the strategy for making women’s as

well as men’s concerns and experiences an integral dimension of the
design, implementation, monitoring, and evaluation of policies and
programs in all political, economic, and societal spheres so that women
and men benefit equally and inequality is not perpetuated. It is the
process of assessing the implications for women and men of any
planned action, including legislation, policies, or programs in all areas
and at all levels.
(j) “Temporary Special Measures” refers to a variety of legislative,
executive, administrative, and regulatory instruments, policies, and
practices aimed at accelerating this de facto equality of women in
specific areas. These measures shall not be considered discriminatory
but shall in no way entail as a consequence the maintenance of unequal
 or separate standards. They shall be discontinued when their objectives
have been achieved.

(k) “Violence Against Women” refers to any act of gender-based violence

that results in, or is likely to result in, physical, sexual, or psychological
harm or suffering to women, including threats of such acts, or arbitrary
deprivation of liberty, whether occurring in public or in private life. It
shall be understood to encompass, but not limited to, the following:

(1) Physical, sexual, psychological, and economic violence occurring in

the family, including battering, sexual abuse of female children in
the household, dowry-related violence, marital rape, and other
traditional practices harmful to women, non-spousal violence, and
violence related to exploitations;
(2) Physical, sexual, and psychological violence occurring within the
general community, including rape, sexual abuse, sexual
harassment, and intimidation at work, in educational institutions
and elsewhere, trafficking in women, and prostitution; and
(3) Physical, sexual, and psychological violence perpetrated or
condoned by the State, wherever it occurs. It also includes acts of
violence against women as defined in Republic Acts No. 9208 and
9262.

(l) “Women in the Military” refers to women employed in the military, both
in the major and technical services, who are performing combat and/
or noncombat functions, providing security to the State, and protecting
the people from various forms of threat. It also includes women trainees
in all military training institutions.

(m) “ Social Protection” refers to policies and programs that seek to

reduce poverty and vulnerability to risks and enhance the social
status and rights of all women, especially the marginalized by
promoting and protecting livelihood and employment, protecting
against hazards and sudden loss of income, and improving people’s
capacity to manage risk. Its components are labor market programs,
social insurance, social welfare, and social safety nets.

CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN

The State, private sector, society in general, and all individuals shall contribute
to the recognition, respect, and promotion of the rights of women defined and
guaranteed under this Act.

SEC. 5. The State as the Primary Duty-Bearer. – The State, as the primary
duty-bearer, shall:
 (a) Refrain from discriminating against women and violating their
rights;
(b) Protect women against discrimination and from violation of their
rights by private corporations, entities, and individuals; and
(c) Promote and fulfill the rights of women in all spheres, including their
rights to substantive equality and non-discrimination.

The State shall fulfill these duties through law, policy, regulatory instruments,
administrative guidelines, and other appropriate measures, including temporary
special measures.

Recognizing the interrelation of the human rights of women, the State shall take
measures and establish mechanisms to promote the coherent and integrated
implementation and enforcement of this Act and related laws, policies, or other
measures to effectively stop discrimination against and advance the rights of
women.

The State shall keep abreast with and be guided by progressive developments in
human rights of women under international law and design of policies, laws, and
other measures to promote the objectives of this Act.

SEC. 6. Duties of the State Agencies and Instrumentalities. - These duties

of the State shall extend to all agencies, offices, and instrumentalities at all levels
and government-owned and controlled corporations, subject to the Constitution
and pertinent laws, policies, or administrative guidelines that define specific
duties of state agencies and entities concerned.

SEC. 7. Suppletory Effect. – This Chapter shall be deemed integrated into

and be suppletory to other provisions of this Act, particularly those that
guarantee specific rights to women and define specific roles and require specific
conduct of state organs.

CHAPTER IV
RIGHTS EMPOWERMENT

SEC. 8. Human Rights of Women. – All rights in the Constitution and those
rights recognized under international instruments duly signed and ratified by
the Philippines, in consonance with Philippine law, shall be rights of women
under this Act to be enjoyed without discrimination.

SEC. 9. Protection from Violence. – The State shall ensure that all women
shall be protected from all forms of violence as provided for in existing laws.
Agencies of government shall give priority to the defense and protection of women
against gender-based offenses and help women attain justice and healing.

Toward this end, measures to prosecute and reform offenders shall likewise be
pursued.
 (a) Within the next five (5) years, there shall be an incremental increase in
the recruitment and training of women in the police force, forensics and
medico-legal, legal services, and social work services availed by women
who are victims of gender-related offenses until fifty percent (50%) of
the personnel thereof shall be women.

(b) Women shall have the right to [protection and security in situations of
armed-conflict and militarization. Towards this end, they shall be
protected from all forms of gender-based violence in situations of armed
conflict. The State shall observe international standards for the
protection of civilian population in circumstances of emergency and
armed conflict. It shall not force women, especially indigenous people,
to abandon their lands, territories, and means of subsistence, or
relocate them in special centers for military purposes under any
discriminatory condition.

(c) All government personnel involved in the protection and defense of

women against gender-based violence shall undergo a mandatory
training on human rights and gender sensitivity pursuant to this Act.

(d) All local government units shall establish a Violence Against Women’s
Desk in every barangay to ensure that violence against women cases
are fully addressed in a gender-responsive manner.

SEC. 10. Women Affected by Disasters, Calamities, and Other Crisis

Situations. - Women have the right to protection and security in times of
disasters, calamities, and other crisis situations especially in all phases of relief,
recovery, rehabilitation, and construction efforts. The State shall provide for
immediate humanitarian assistance, allocation of resources, and early
resettlement, if necessary. It shall also address the particular needs of women
from a gender perspective to ensure their full protection from sexual exploitation
and other sexual and gender-based violence committed against them. Responses
to disaster situations shall include the provision of services, such as
psychosocial support, livelihood support, education, psychological health, and
comprehensive health services, including protection during pregnancy.

SEC. 11. Participating and Representation

-The State shall undertake temporary special measures to accelerate the
participation and equitable representation of women in all spheres of society
particularly in the decision-making and policy-making processes in government
and private entities to fully realize their role as agents and beneficiaries of
development. The State shall institute the following affirmative action
mechanisms so that women can participate meaningfully in the formulation,
implementation, and evaluation of policies, plans, and programs for national,
regional, and local development:

(a) Empowerment within the Civil Service. - Within the next five (5) years,
the number of women in third (3rd) level positions in government shall
 be incrementally increased to achieve a fifty-fifty (50-50) gender
balance;
(b) Development Councils and Planning Bodies. - To insure the
participation of women in all levels of development planning and
program implementation, at least forty percent (40%) of membership
of all development councils from the regional, provincial, city,
municipal, and barangay levels shall be composed of women;
(c) Other Policy and Decision-Making Bodies. – Women’s groups shall also
be represented in international, national, and local special and
decision-making bodies;
(d) International Bodies. – The State shall take all appropriate measures
to ensure the opportunity of women, on equal terms with men and
without any discrimination to represent their government at the
international level and to participate in the work of international
organizations:
(e) Integration of Women in Political Parties. – The State shall provide
incentives to political parties with women’s agenda. It shall likewise
encourage the integration of women in their leadership hierarchy
internal policy-making structures, appointive, and electoral
nominating processes; and
(f) Private Sector. – The State shall take measures to encourage women
leadership in the private sector in the form of incentives.

SEC. 12. Equal Treatment Before the Law. – The State shall take steps to
review and, when necessary, amend and/or repeal existing laws that
discriminatory to women within three (3) years from the effectivity of this Act.

SEC. 13. Equal Access and Elimination of Discrimination in Education,

Scholarship, and Training.

(a) The State shall ensure that gender stereotypes and images in
educational materials and curricula are adequately and appropriately revise.
Gender-sensitive language shall be used at all times. Capacity-building on
gender and development (GAD), peace and human rights, education for teachers,
and all those involve in the education sector shall be pursued toward this end.
Partnership between and among players of the education sector, including the
private sector, churches, and faith groups shall be encourage.

(b) Enrollment of women in nontraditional skills training in vocational

and tertiary levels shall be encouraged.
(c) Expulsion and non-readmission of women faculty due to pregnancy
outside of marriage shall be outlawed. No school shall turn out or refuse
admission to a female student solely on the account of her having contracted
pregnancy outside of marriage during her term in school.

SEC. 14. Women in Sports. – The State shall develop, establish, and
strengthen programs for participating of women and girl-children in competitive
and noncompetitive sports as a means to achieve excellence, promote physical
and social well-being, eliminate gender-role stereotyping, and provide equal
access to the full benefits of development for all persons regardless of sex, gender
identity, and other similar factors.

For this purpose, all sports-related organizations shall create guidelines that will
establish and integrate affirmative action as a strategy and gender equality as a
framework in planning and implementing their policies, budgets, programs, and
activities relating to the participation of women and girls and sports.

The State will also provide material and nonmaterial incentives to local
governments unit, media organizations, and the private sector for promoting,
training, and preparing women and girls for participation in competitive and
noncompetitive sports, especially in local and international events, including,
but not limited to, the Palarong Pambansa, Southeast Asian Games, Asian
Games, and the Olympics.

No sports event or tournament will offer or award a different sports prize, with
respect to its amount or value, to women and men winners in the same sports
category: provided, That the said tournament, contest, race, match, event, or
game is open to both sexes: Provided, further, that the sports event or
tournament is divided into male or female divisions.

The State shall also ensure the safety and well-being of all women and girls
participating in sports, especially, but not limited to, trainees, reserve members,
members, coaches, and mentors of national sports teams, whether in studying,
training, or performance phases, by providing them comprehensive health and
medical insurance coverage, as well as integrated medical, nutritional, and
healthcare services.

Schools, colleges, universities, or any other learning institution shall take

into account its total women student population in granting athletic
scholarship program based on the percentage of women in the whole
student population.

SEC. 15. Women in the Military. – The State shall pursue appropriate
measures to eliminate discrimination of women in the military, police, and other
similar services, including revising or abolishing policies and practices that
restrict women from availing of both combat and noncombat training that are
open to men, or from taking on functions other than administrative tasks, such
as engaging in combat, security-related, or field operations. Women in the
military shall be accorded the same promotional privileges and opportunities
as men, including pay increases, additional remunerations and benefits, and
awards based on their competency and quality of performance. Toward this end,
the State shall ensure that the personal of women shall always be respected.

Women in the military, police, and other similar services shall be provided with
the same right to employment as men one equal conditions. Equally, they shall
be accorded the same capacity as men to act in and enter into contracts,
including marriage.

Further, women in the military, police, and other similar services shall be
entitled to leave benefits such as maternity leave, as provided for by existing
laws.

SEC. 16. Nondiscriminatory and Nonderogatory Portrayal of Women in

Media and Film. - The State shall formulate policies and programs for the
advancement of women in collaboration with government and nongovernment
media-related organizations. It shall likewise endeavor to raise the
consciousness of the general public in recognizing the dignity of women and the
role and contribution of women in the family, community, and the society
through the strategic use of mass media

For this purpose, the State shall ensure allocation of space, airtime, and
resources, strengthen programming, production, and image-making, that
appropriately present women’s needs, issues, and concerns in all forms of media,
communication, information dissemination, and advertising.

The State, in cooperation with all schools of journalism, information, and

communication, as well as the national media federations and associations, shall
require all media organizations and corporations to integrate into their human
resource development components regular training on gender equality and
gender-based discrimination create and use gender equality guidelines in all
aspects of management, training, production, information, dissemination,
communication, and programming; and convene a gender equality committee
that will promote gender mainstreaming as a framework and affirmative action
as a strategy, and monitor and evaluate the implementation of gender equality
guidelines.

SEC. 17. Women’s Right to Health. –

(a) Comprehensive Health Services. – The State shall, at all times,

provide for a comprehensive, culture-sensitive, and gender-responsive
health services and programs covering all stages of a woman’s life cycle and
which addresses the major causes of women’s mortality and morbidity: Provided,
That in the provision for comprehensive health services, due respect shall be
accorded to women’s religious convictions, the rights of the spouses to found in
accordance with their religious convictions, and the demands of responsible
parenthood, and the right of women to protection from hazardous drugs, devices,
interventions, and substances.

Access to the following services shall be ensured:

(1) Maternal care to include pre- and post-natal services to address

pregnancy and infant health and nutrition;
(2) Promotion of breastfeeding;
 (3) Responsible, ethical, legal, safe, and effective methods of family
planning;
(4) Family and State collaboration in youth sexuality education and
health services without prejudice to the primary right and duty of
parents to educate their children;
(5) Prevention and management of reproductive tract infections,
including sexually transmitted diseases, HIV, and AIDS;
(6) Prevention and management of reproductive tract cancers like breast
and cervical cancers, and other gynecological conditions and
disorders;
(7) Prevention of abortion and management of infertility and sexual
dysfunction pursuant to ethical norms and medical standards;
(8) In cases of violence against women and children, women and children
victims and survivors shall be provided with comprehensive health
services that include psychosocial, therapeutic, medical, and legal
interventions and assistance towards healing, recovery, and
empowerment;
(9) Prevention and management of infertility and sexual dysfunction
pursuant to ethical norms and medical standards;
(10) Care of the elderly women beyond their child-bearing years; and
(11) Management, treatment, and intervention of mental health
problems of women and girls.

In addition, healthy lifestyle activities are encouraged and promoted through

programs and project and strategies in the prevention of diseases.

(b) Comprehensive Health Information and Education. – The State shall

provide women in all sectors with appropriate, timely, complete, and accurate
information and education of all the above-stated aspects of women’s health in
government education and training programs, with due regard to the following:

(1) The natural and primary right and duty of parents in the rearing
of youth and the development of moral character end the right of
children to be brought up in an atmosphere of morality and
rectitude for the enrichment and strengthening of character;
(2) The formation of a person’s sexuality that affirms human dignity;
and
(3) Ethical, legal, safe, and effective family planning methods
including fertility awareness.
SEC. 18. Special Leave Benefits for Women. - A women employee having
rendered continuous aggregate employment service of at least six (6) months for
the last twelve (12) months shall be entitled to as special leave benefit of two
months with full pay based on her grossed monthly compensation following
surgery caused by gynecological disorders.

SEC. 19. Equal Rights in All Matters Relating to Marriage and Family
Relations. – The State shall take all appropriate measures to eliminate
discrimination against women in all matters relating to marriage and family
relations and shall ensure:
(a) The same rights to enter into and leave marriages or common law
relationships referred to under the Family Code without prejudice to
personal or religious beliefs;
(b) The same rights to choose freely a spouse and to enter into marriage
only with their free and full consent. The betrothal and the marriage of
a child shall have no legal effect;
(c) The joint decision on the number and spacing of their children and to
have access to the information, education and means to enable them
to exercise these rights;
(d) The same personal rights between spouses or common law spouses
including the right to choose freely a profession and an occupation;
(e) The same rights for both spouses or common law spouses in respect of
the ownership, acquisition, management, administration, enjoyment,
and disposition of property;
(f) The same rights to properties and resources, whether titled or not, and
inheritance, whether formal or customary; and
(g) Women shall have equal rights with men to acquire change, or retain
their nationality. The State shall ensure in particular 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. Various
statutes of other countries concerning dual citizenship that may be
enjoyed equally by women and men shall likewise be considered.

Customary laws shall be respected: Provided, however, that they do not

discriminate against, women.

CHAPTER V
RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS

Women in marginalized sectors are hereby guaranteed all civil, political, social,
and economic rights recognized, promoted, and protected under existing laws
including, but not limited to, the Indigenous People Rights Act, the Urban
Development and Housing Act, the Comprehensive Agrarian Reform Law, the
Fisheries Code, the Labor Code, the Migrant Workers Act, the Solo Parents
Welfare Act, and the Social Reform and Poverty Alleviation Act.

SEC. 20. Food Security and Productive Resources. – The State recognizes
the contribution of women to food production and shall ensure its sustainability
and sufficiency with the active participation of women. Towards this end, the
State shall guarantee, at all times, the availability in the market of save and
health-giving food to satisfy the dietary needs of the population, giving particular
attention to the specific needs or poor girl-children and marginalized women,
especially pregnant and lactating mothers and their young children. To further
address this, the state shall ensure:
(a) Right to Food. – The State shall guarantee the availability of food in
quantity and quality sufficient to satisfy the dietary needs of individuals,
the physical and economic accessibility for everyone to adequate food
that is culturally acceptable and free from unsafe substances and
culturally accepted, and the accurate and substantial information to the
availability of food, including the right to full, accurate, and truthful
information about safe and health-giving foods and how to produce and
have regular easy access to them;

(b) Right to Resources for Food Production. – The State shall guarantee
women a vital role in food production by giving priority to their rights to
land, credit, and infrastructure support, technical training, and
technological and marketing assistance. The State shall promote
women-friendly technology as a high priority activity in agriculture and
shall promote the right to adequate food by proactively engaging in
activities intended to strengthen access to, utilization of, and receipt of
accurate and substantial information and resources and means to
ensure women’s livelihood including food security:

(1) Equal status shall be given to women and men, whether

married or not, in the titling of the land and issuance of
stewardship contracts and patents;
(2) Equal treatment shall be given to women and men
beneficiaries of the agrarian reform program, wherein the
vested right of a woman agrarian reform beneficiary is
defined by a woman’s relationship to tillage, i.e., her direct
and indirect contribution to the development of the land;
(3) Customary rights of women to the land, including access
to and control of the fruits and benefits, shall be recognized
in circumstances where private ownership is not possible,
such as ancestral domain claims;
(4) Information and assistance in claiming rights to the land
shall be made available to women at all times;
(5) Equal rights to women to the enjoyment, use, and
management of land, water, and other natural resources
within their communities or ancestral domain;
(6) Equal access to the use and management of fisheries and
aquatic resources, and all the rights and benefits accruing
to stakeholders in the fishing industry;
(7) Equal status shall be given to woman and men in the
issuance of stewardship or lease agreement and other
fishery rights that may be granted for the use and
management of coastal and aquatic resources. In the same
manner, women’s organizations shall be given equal
treatment as with other marginalized fishers organizations
in the issuance of stewardship or lease agreements or other
fishery rights for the use and management of such coastal
 and aquatic resources which may include providing
supports to women-engaged coastal resources;
(8) There shall be no discrimination against women in the
deputization of fish wardens;
(9) Women-friendly and sustainable agriculture technology
shall be designed based on accessibility and viability in
consultation with women’s organizations;
(10) Access to small farmer-based and controlled seeds
production and distribution shall be ensured and
protected;
(11) Indigenous practices of women in seed storage and
cultivation shall be recognized, encouraged, and protected;
(12) Equal rights shall be given to women to be members of
farmer’s organizations to ensure wider access to and
control of the means of production;
(13) Provide opportunities for empowering women fishers to
be involved in the control and management, not only of the
catch and production of aquamarine resources but also, to
engage in entrepreneurial activities which will add value to
production and marketing ventures; and
(14) Provide economic opportunities for the indigenous
women, particularly access to market for their produce.

In the enforcement of the foregoing, the requirements of law shall be observed at

all times.

SEC. 21. Right to Housing. – The State shall develop housing programs for
women that are localized, simple, accessible, with viable employment
opportunities and affordable amortization. In this regard, the State consult
women and involve them in community planning and development, especially
and matters pertaining to land use, zoning, and relocation.

SEC. 22. Right to Decent Work. – The State shall progressively realize and
ensure decent work standards for women that involve the creation of jobs of
acceptable quality in conditions of freedom, equity, security, and human dignity.

(a) Decent work involves opportunities for work that are productive and
fairly remunerative as family living wage, security in the workplace, and
social protection for families, better prospects for personal
development, especially in matters pertaining to land use, zoning, and
relocation.

(b) The State shall further ensure:

(1) Support services and gears to protect them from occupational and
health hazards taking into account women’s maternal functions;
 (2) Support services that will enable women to balance their family
obligations and work responsibilities including, but not limited to,
the establishment of day care centers and breast-feeding stations at
the workplace, and providing maternity leave pursuant to the Labor
Code and other pertinent laws.

(3) Membership in unions regardless of status of employment and place

of employment; and

(4) Respect for the observance of indigenous peoples’ cultural practices

even in the workplace.

(c) In recognition of the temporary nature of overseas work, the State shall
exert all efforts to address the causes of out-migration by developing
local employment and other economic opportunities for women and by
introducing measures to curb violence and forced and involuntary
displacement of local women. The State shall ensure the protection and
promotion of the rights and welfare of migrant women regardless of
their work status, and protect them against discrimination in wages,
conditions of work, and employment opportunities in host countries.

SEC. 23. Right to Livelihood, Credit, Capital, and Technology. – The State
shall ensure that women are provided with the following:

(a) Equal access to formal sources of credit and capital;

(b) Equal share to the produce of farms and aquatic resources; and

(c) Employment opportunities for returning women migrant workers

taking into account their skills and entrepreneurship development of
returning women migrant workers.

SEC. 24. Right to Education and training. – The State shall ensure the
Following:

(a) Women migrant workers have the opportunity to undergo skills

training, if they so desire, before taking on foreign job, and possible
retraining upon return to the country;

(b) Gender-sensitive training and seminars; and

(c) Equal opportunities in scholarships based on merit and fairness

especially to those interested in research and development aimed
towards women-friendly farm technology.

SEC. 25. Right to Representation and Participation. – The State shall

ensure women’s participation in policy-making or decision-making bodies in the
regional, national, and international levels. It shall also ensure the participation
of grassroots women leaders and decision and policy-making bodies in their
respective sectors including, but not limited to, the Presidential Agrarian Reform
Council (PARC) and its local counterparts; community-based resource
management bodies or mechanisms on forest management and stewardship; the
National Fisheries and Aquatic Resource Management Council (NFARMC) and
its local counterparts; the National Commission on Indigenous People; the
Presidential Commission for the Urban Poor; the National Anti-Poverty
Commission; and, where applicable, the local housing boards.

SEC. 26. Right to Information. – Access to information regarding policies

on women, including programs, projects, and founding outlays that affect them,
shall be ensured.

SEC. 27. Social Protection. -

(a) The Social Security System (SSS) and the Philippine Health
Insurance Corporation (Phil health) shall support indigenous and
community-based social protection schemes.
(b) The State shall institute policies and programs that seek to reduce
the poverty and vulnerability to risks and enhance the social
status and rights of the marginalized women by promoting and
protecting livelihood and employment, protecting against hazards
and sudden loss of income, and improving people’s capacity to
manage risks.
(c) The State shall endeavor to reduce and eventually eliminate
transfer costs of remittance from abroad through appropriate
bilateral and multilateral agreements. It shall likewise provide
access to investment opportunities for remittances in line national
development efforts.
(d) The State shall establish a health insurance program for senior
citizens and indigents.
(e) The State shall support women with disabilities on a community-
based social protection scheme.

SEC. 28. Recognition and Preservation of Cultural Identity and Integrity. –

The State shall recognize and respect the rights of Moro and indigenous women
to practice, promote, protect, and preserve their own culture, traditions, and
institutions and to consider these rights in the formulation and implementation
of national policies and programs. To this end, the State shall adopt measures
in consultation with the sectors concerned to protect their rights to their
indigenous knowledge systems and practices, traditional livelihood, and other
manifestations of their cultures and ways of life: Provided, That this culture
systems and practices are not discriminatory to women.

SEC. 29. Peace and Development. – The peace process shall be pursued
with the following considerations:
(a) Increase the number of women participating in discussion and
decision-making in the peace process, including membership in
 peace panels recognizing women’s role in conflict-prevention and
peace-making and in indigenous system of conflict resolutions;
(b) Ensure the development and inclusion’s of women’s welfare and
concerns in the peace agenda in the overall peace strategy and
women’s participation in the planning, implementation,
monitoring, and evaluation of rehabilitation and rebuilding of
conflict-affected areas;
(c) The institutions of measures to ensure the protection of civilians
in conflict-affected communities with special consideration for
the specific needs of women and girls;
(d) Include the peace perspective in the education curriculum and
other educational understanding; and
(e) The recognition and support for women’s role in conflict-
prevention, management, resolution and peacemaking, and in
indigenous systems of conflict resolution.

SEC. 30. Women in Especially Difficult Circumstances. – For purposes of

this Act, “Women in Especially Difficult Circumstances” (WEDC) shall refer to
victims and survivors of sexual and physical abuse, illegal recruitment,
prostitution, trafficking, armed conflict, women in detention, victims and
survivors of rape and incest, and such other related circumstances which have
incapacitated them functionally. Local Government units are therefore mandated
to deliver the necessary services and intervention to WEDC under their
respective jurisdictions.

SEC. 31. Services and Interventions. – WEDC shall be provided with

series and interventions as necessary such as, but not limited, the following:
(a) Temporary and protective custody;
(b) Medical and dental services;
(c) Psychological evaluation;
(d) Counselling;
(e) Psychiatric evaluation;
(f) Legal services;
(g) Productivity skills capability building;
(h) Livelihood assistance;
(i) Job placement;
(j) Financial assistance; and
(k) Transportation

SEC. 32. Protection of Girl-Children.-

(a) The State shall pursue measures that eliminate all forms of
discrimination against girl-children in education, health and
nutrition, and skills development.

(b) Girl-children shall be protected from all forms of abuse and

exploitation.
 (c) Equal access of Moro and indigenous girl-children in the
Madaris, schools of living culture and traditions, and the regular
schools shall be ensured.

(d) Gender-sensitive curriculum, including legal literacy, books, and

curriculum in the Madaris and schools of living culture and
traditions shall be developed.

(e) Sensitivity of regular schools to particular Moro and indigenous

practices, such as fasting in the month of Ramadan, choice of
clothing (including wearing of hijab), and availability of halal food
shall be ensured.

SEC. 33. Protection of Senior Citizens. – The State shall protect women
Senior citizens from neglect, abandonment, domestic violence, abuse,
exploitation, and discrimination. Towards this end, the State shall ensure special
protective mechanisms and support services against violence, sexual abuse,
exploitation, and discrimination of older women.

SEC. 34. Women are entitled to the recognition and protection of their
rights defined and guaranteed under this Act including their right to
nondiscrimination.

SEC. 35. Discrimination Against Women is Prohibited. – Public and private

entities and individuals found to have committed discrimination against women
shall be subject to the sanctions provided in section 41 hereof. Violations of other
human rights of women shall be subject to sanctions under pertinent laws and
regulations.

CHAPTER VI
INSTITUTIONAL MECHANISMS

SEC. 36. Gender Mainstreaming as a Strategy for implementing the Magna

Carta of Women. - Within period prescribed in the implementing rules and
regulations, the National Commission on the Role of Filipino Women (NCRFW)
shall assess its gender mainstreaming program for consistency with the
standard under this Act. It shall modify the program accordingly to ensure that
it will be an effective strategy for implementing this Act and attaining its
objectives.

All departments, including their attached agencies, offices, bureaus, state

universities and colleges, government owned and -controlled corporations, local
government units, and other government instrumentalities shall adopt gender
mainstreaming as a strategy to promote women’s human rights and eliminate
gender discrimination in their systems, structures, policies, programs,
processes, and procedures which shall include, but not limited to, the following:

(a) Planning, budgeting, monitoring and evaluation for GAD. Gad

programs addressing gender issues and concerns shall be designed and
implemented based on the mandate of government agencies and local
government units, Republic Act No. 7192, gender equality agenda of the
government and other GAD-related legislation, policies, and commitments. The
development of GAD programs shall proceed from the conduct of a gender audit
of the agency or the local government unit and a gender analysis of its policies,
programs, services and the situation of its clientele; the generation and review of
sex-disaggregated data; and consultation with gender/women’s rights advocates
and agency/ women clientele. The cost of implementing GAD programs shall be
the agency’s or the local government unit’s GAD budget which shall be at least
five percent (5%) of the agency’s or the local government unit’s total budget
appropriations.

Pursuant to Republic Act No. 7192, otherwise known as the Women in

Development and Nation Building Act, which allocates five percent (5%) to thirty
percent (30%) of overseas development assistance to GAD, government agencies
receiving official development assistance should ensure the allocation and
proper utilizations of such funds to gender-responsive programs that
complement the government GAD funds and annually report accomplishments
thereof to the National Economic and Development Authority (NEDA) and the
Philippine Commission on Women (PCW). The utilization and outcome of the
GAD budget shall be annually monitored and evaluated in terms of its success
in influencing the gender-responsive implementation of agency programs funded
by the remaining ninety-five percent (95%) budget.

The Commission on Audit (COA) shall conduct an annual audit on the use of the
GAD budget for the purpose of determining its judicious use and the efficiency,
and effectiveness of interventions in addressing gender issues towards the
realization of the objectives of the country’s commitments, plans, and policies on
women empowerment, gender equality, and GAD. Local government units are
also encouraged to develop and pass a GAD Code based on their gender issues
and concerns in their respective localities based on consultation with their
women constituents and the women’s empowerment and gender equality agenda
of the government. The GAD Code shall also serve as basis for identifying
programs, activities, and projects on GAD.

Where needed, temporary gender equity measures shall be provided for in the
plans of all departments, including their attached agencies, offices, bureaus,
state universities and colleges, government-owned and –controlled corporations,
local government units, and other government instrumentalities. To move
towards a more sustainable, gender-responsive, and performance- based
planning and budgeting, gender issues and concerns shall be integrated in
among others, the following plans:

(1) Macro socioeconomic plans such as the Medium-Term Philippine

Development Plan and Medium-Term Philippine Investment Plan;
 (2) Annual plans of all departments, including their attached
agencies, offices, bureaus, state universities and college, and
government-owned and controlled corporations; and

(3) Local plans and agenda such as executive-legislative agenda,

comprehensive development plan (CDP), comprehensive land use
plan (CLUP), provincial development and physical development and
physical framework plan (PDPFP), and annual investment plan.

(b) Creation and/or Strengthening of the GAD Focal Points (GFP). All
departments , including their attached agencies , offices, bureau’s, state
universities and colleges, government-owned and –controlled corporations, local
government units, and other government instrumentalities shall establish or
strengthen their GAD Focal Point System or similar GAD mechanism to catalyze
and accelerate gender mainstreaming within the agency or local government
unit.

The GAD Focal POINT System shall be composed of the agency head or local
chief executive, an executive committee with an undersecretary (or its
equivalent), local government unit official, or office in a strategic decision-making
position as Chair; and a technical working group or a secretariat which is
composed of a representatives from various divisions or offices within the agency
or local government unit.

The tasks and functions of the members of the GFP shall form part of their
regular key result areas and shall be given due consideration in their
performance evaluation.

(c) Generation and Maintenance of GAD Database. All departments,

including their attached agencies, offices, bureaus-state universities and
colleges, government-owned and –controlled corporations, local government
units, and other government instrumentalities shall develop and maintain a GAD
database containing gender statistics and sex-disaggregated date that have been
systematically gathered, regularly updated, and subjected to gender analysis for
planning, programming, and policy formulation.

SEC. 37. Gender Focal Point Officer in the Philippine Embassies and
Consulates. – An officer duly trained on GAD shall be designated as the gender
focal point in the consular section of Philippine embassies or consulates. Said
officer shall be primarily responsible in handling gender concerns of women
migrant workers. Attached agencies shall cooperate in strengthening the
Philippine foreign posts’ programs for delivery of services to women migrant
workers.

SEC. 38. National Commission on the Role of Filipino Women (NCRFW). –

The National Commission on the Role of Filipino Women (NCRFW) shall be
renamed as the Philippine Commission on Women (PCW), the primary policy-
making and coordinating body of the women and gender equality concerns under
the Office of the President. The PCW shall be the overall monitoring body and
oversight to ensure the implementation of this Act. In doing so, the PCW may
direct any government agency and instrumentality, as may be necessary to
report on the implementation of this Act and for them to immediately respond to
the problems brought to their attention in relation to this Act. The PCW shall
also lead in ensuring that government agencies are capacitated on the effective
implementation of this Act. The chairperson shall likewise report to the president
in cabinet meetings in the implementation of this Act.

To the extent possible, the PCW shall influence the systems, processes, and
procedures of the executive legislative, and judicial branches of government vis-
à-vis GAD to ensure the implementation of this Act.

To effectively and efficiently undertake and accomplish its functions, the PCW
shall revise its structure and staffing pattern with the assistance of Department
of Budget and Management.

SEC. 39. Commission on Human Rights (CHR). – The Commission, acting

as the gender and Development Ombud, consistent with its mandate, shall
undertake measures such as the following:

(a) Monitor with the PCW and other state agencies, among others, in
developing indicators and guidelines to comply with their duties related
to the human rights of women, including their right to
nondiscrimination guaranteed under this Act.

(b) Designated one (1) commissioner and/or its women’s Human Rights
Center to be primarily responsible for formulating and implementing
programs and activities related to the promotion and protection of the
human rights of women, including the investigations and complaints of
discrimination and violations of their rights brought under this Act and
related laws and regulations;

(c) Establish guidelines and mechanisms, among others, that will facilitate
access of women to legal remedies under this Act and related laws, and
enhance the protection and promotion of human rights of women,
especially marginalized women;

(d) Assist in the filing of cases against individuals, agencies, institutions,

or establishments that violate the provisions of this Act; and

(e) Recommend to the President of the Philippines or the Civil Service

Commission any possible administrative action based on
noncompliance or failure to implement the provision of this Act.
 SEC. 40. Monitoring Progress and Implementation and Impact of this Act.
– The PCW, in coordination with other state agencies and the CHR, shall submit
to Congress regular reports on the progress of the implementation of this Act
highlighting the impact thereof on the status and human rights of women:
Provided that the second report shall include an assessment of the effectiveness
of this Act and recommend amendments to improve its provisions: provided,
finally, that these reports shall be submitted to Congress every three (3) years or
as determined in the implementing rules and regulations.

SEC. 41. Penalties. – Upon finding of the CHR that a department,

agency, or instrumentality of government, government-owned or -controlled
corporation, or local government unit has violated any provision of this Act and
its implementing rules and regulations, the sanctions under, administrative law,
civil service, or other appropriate laws shall be recommended to the Civil Service
Commission and/or the Department of the Interior and Local Government. The
person directly responsible for the violation as well as the head of the agency or
local chief executive shall be held liable under this Act.

If the violation is committed by a private entity or individual, the person directly

responsible for the violation shall be liable to pay damages.

Filing a complaint under this Act shall not preclude the offended party from
pursuing other remedies available under the law and to invoke any of the
provisions of existing laws especially those recently enacted laws protecting
women and children, including the Women in Development and Nation Building
Act (Republic Act No. 7192). The Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act (Republic Act No. 7610), the Anti-
Sexual Harassment Act of 1995 (Republic Act No. 7877) the Anti-Rape Law of
1997 (Republic Act No. 8353), the Anti-Trafficking in Persons Act of 2003
(Republic Act No. 9208), and the Anti-Violence Against Women and Children Act
of 2004 (Republic Act No. 9262). If violence has been proven to be perpetrated
by agents of the State including, but not limited to, extrajudicial killings,
enforced disappearance, torture, and internal displacements, such shall be
considered aggravating offenses with corresponding penalties depending on the
severity of the offenses.

SEC. 42. Incentives and Awards. – There shall be an established

incentives and awards systems which shall be administered by a board under
such rules and regulations as may be promulgated by the PCW to deserving
entities, government agencies, and local government units for their outstanding
performance in upholding the rights of women and effective implementation of
gender-responsive programs.

SEC. 43. Funding. – The initial funding requirements for the

implementation of this Act shall be charged against the current appropriations
of the agencies concerned. Thereafter, such sums as may be necessary for the
implementation of this Act shall be included in the agencies’ yearly budgets
under the General Appropriations Act.
The State shall prioritize allocation of all available resources to effectively fulfill
its obligations specified under this Act. The State agencies’ GAD budgets, which
shall be at least five percent (5%) of their total budgetary allocation, shall also be
utilized for the programs and activities to implement this Act.

SEC. 44. Implementing Rules and Regulations. – As the lead agency,

the PCW shall, in coordination with the Commission on Human Rights and all
concerned government departments and agencies including, as observers, both
Houses of Congress through the Committee on Youth, Women and Family
Relations (Senate) and the Committee on Women and Gender Equality (House of
Representatives) and with the participation of representatives from
nongovernment organizations (NGOs) and civil society groups with proven track
record of involvement and promotion of the rights and welfare of Filipino women
and girls identified by the PCW, formulate the implementing rules and
regulations (IRR) of this Act within one hundred eighty (180) days after its
effectivity.

SEC. 45. Separability Clause. – If any provision or part hereof is held

invalid or unconstitutional, the remainder of the law or the provisions not
otherwise affected shall remain valid and subsisting.

SEC. 46. Repealing Clause. – Any law, presidential decree or

issuance, executive order, or regulation contrary to, or inconsistent with, the
provisions of this Act is hereby repealed, modified, or amended accordingly.

SEC 47. Effectivity Clause. This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation

Approved,

(SGD.) PROSPRO C. NOGRALES JUAN PONCE ENRILE

Secretary General President of the Senate
House of Representatives

This Act is a consolidation of senate Bill No. 2396 and House Bill No. 4273 was
finally passed by the Senate and the House of representatives

Approved: August 14, 2009

(SGD.) GLORIA MACAPAGAL-ARROYO

President of the Philippines