3MCW Ra 9710 Irr
3MCW Ra 9710 Irr
3MCW Ra 9710 Irr
Fourteenth Congress In pursuance of this policy, the State reaffirms the right of
Second Regular Session women in all sectors to participate in policy formulation,
Be it enacted by the Senate and House of planning, organization, implementation, management,
Representatives of the Philippines in Congress monitoring, and evaluation of all programs, projects, and
assembled: services. It shall support policies, researches, technology,
and training programs and other support services such as
CHAPTER 1 financing, production, and marketing to encourage active
GENERAL PROVISIONS participation of women in national development.
SECTION 1. Short Title. - This Act shall be known as “The SEC. 3. Principles of Human Rights of Women. – Human
Magna Carta of Women”. rights are universal and inalienable. All people in the world
are entitled to them. The universality of human rights is
SEC. 2. Declaration of Policy. - Recognizing that the encompassed in the words of Article 1
economic, political, and sociocultural realities affect of the Universal Declaration of Human Rights, which states
women’s current condition, the State affirms the role of that all human beings are free and equal in dignity and
women in nation building and ensures the substantive rights. Human rights are indivisible. Human rights are
equality of women and men. It shall promote empowerment inherent to the dignity of every human being whether they
of women and pursue equal opportunities for women and relate to civil, cultural, economic, political, or social issues.
men and ensure equal access to resources and to
development results and outcome. Further, the State Human rights are interdependent and interrelated. The
realizes that equality of men and women entails the fulfillment of one right often depends, wholly or in part,
abolition of the unequal structures and practices that upon the fulfillment of others. All individuals are equal as
perpetuate discrimination and inequality. To realize this, human beings by virtue of the inherent dignity of each
the State shall endeavor to develop plans, policies, human person. No one, therefore, should suffer
programs, measures, and mechanisms to address discrimination on the basis of ethnicity, gender, age,
discrimination and inequality in the economic, political, language, sexual orientation, race, color, religion, political,
social, and cultural life of women and men. or other opinion, national, social, or geographical origin,
disability, property, birth, or other status as established by
The State condemns discrimination against women in all its human rights standards.
forms and pursues by all appropriate means and without
delay the policy of eliminating discrimination against All people have the rights to participate in and access
women in keeping with the Convention on the information relating to the decision-making processes that
Elimination of All Forms of Discrimination Against affect their lives and well-being. Rights-based approached
Women (CEDAW) and other international instruments require a high degree of participation by communities, civil
consistent with Philippine law. The State shall accord society, minorities, women, young people, indigenous
women the rights, protection, and opportunities available to peoples, and other identified groups. States and other duty-
every member of society. bearers are answerable for the observance of human rights.
They have to comply with the legal norms and standards
The State affirms women’s rights as human rights and shall enshrined in international human rights instruments in
intensify its efforts to fulfill its duties under international accordance with the Philippine Constitution. Where they
and domestic law to recognize, respect, protect, fulfill, and fail to do so, aggrieved rights-holders are entitled to
promote all human rights and fundamental freedoms of institute proceedings for appropriate redress before a
women, especially marginalized women, in the economic, competent court or other adjudicator in accordance with the
social, political, rules and procedures provided by law.
cultural, and other fields without distinction or
discrimination on account of class, age, sex, gender, CHAPTER II: DEFENITION OF TERMS
language, ethnicity, religion, ideology, disability,
education, and status. SEC. 4. Definitions. – For purposes of this Act, the
following terms shall mean:
The State shall provide the necessary mechanisms to (a) “Women Empowerment” refers to the provision,
enforce women’s rights and adopt and undertake all legal availability, and accessibility of opportunities, services, and
measures necessary to foster and promote the equal observance of human rights which enable women to
opportunity for women to participate in and contribute to actively participate and contribute to the political,
1
economic, social, and cultural development of the nation as to, women engaged in fishing in municipal waters,coastal
well as those which shall provide them equal access to and marine areas, women workers in commercial fishing
ownership, management, and control of production, and of and
material and informational resources and benefits in the aquaculture, vendors and processors of fish and coastal
family, community, and society. products, and subsistence producers such as shell-gatherers,
managers, and producers of mangrove resources, and other
(b) “Discrimination Against Women” refers to any gender- related producers;
based distinction, exclusion, or restriction which has the
effect or purpose of impairing or nullifying the recognition, (3) “Urban Poor” refers to those residing in urban and
enjoyment, or exercise by women, irrespective of their urbanizable slum or blighted areas, with or without the
marital status, on a basis of equality of men and women, of benefit of security of abode, where the income of the head
human rights and fundamental freedoms in the political, of the family cannot afford in a sustained manner to
economic, social, cultural, civil, or any other field. It provide for the family’s basic needs of food, health,
includes any act or omission, including by law, policy, education, housing, and other essentials in life;
administrative
measure, or practice, that directly or indirectly excludes or (4) “Workers in the Formal Economy” refers to those who
restricts women in the recognition and promotion of their are employed by any person acting directly or indirectly in
rights and their access to and enjoyment of opportunities, the interest of an employer in relation to an employee and
benefits, or privileges. A measure or practice of general shall include the government and all its branches,
application is discrimination against women if it fails to subdivisions, and instrumentalities, all government-owned
provide for mechanisms to offset or address sex or gender- and controlled corporations and institutions, as well as
based disadvantages or limitations of women, as a result of nonprofit private institutions or organizations;
which women are
denied or restricted in the recognition and protection of (5) “Workers in the Informal Economy” refers to self-
their rights and in their access to and enjoyment of employed,occasionally or personally hired, subcontracted,
opportunities, benefits, or privileges; or women, more than paid and unpaid family workers in household incorporated
men, are shown to have suffered the greater adverse effects and unincorporated enterprises, including home workers,
of those measures or practices. Provided, finally, That micro-entrepreneurs and producers, and operators of sari-
discrimination compounded by or intersecting with other sari stores and all other categories who suffer from
grounds, status, or condition, such as ethnicity, age, violation of workers’ rights;
poverty, or religion shall be considered discrimination
against women under this Act. (6) “Migrant Workers’ refers to Filipinos who are to be
engaged, are engaged, or have been engaged in a
(c) “Marginalization” refers to a condition where a whole remunerated activity in a State of which they are not legal
category of people is excluded from useful and meaningful residents, whether documented or undocumented;
participation in political, economic, social, and cultural life.
(d) “Marginalized” refers to the basic, disadvantaged, or (7) “Indigenous Peoples” refers to a group of people or
vulnerable persons or groups who are mostly living in homogenous societies identified by self-ascription and
poverty and have little or no access to land and other ascription by other, who have continuously lived as
resources, basic social and economic services such organized community on communally bounded and defined
as health care, education, water and sanitation, employment territory, and who have, under claims of ownership since
and livelihood opportunities, housing, social security, time immemorial, occupied, possessed customs, tradition,
physical infrastructure, and the justice and other distinctive cultural traits, or who have, through
system. These include, but are not limited to, women in the resistance to political, social, and cultural inroads of
following sectors and groups: colonization, non-indigenous religions and culture, became
historically differentiated from the majority of Filipinos.
(1) “Small Farmers and Rural Workers” refers to those who They shall likewise include peoples who are regarded as
are engaged directly or indirectly in small farms and forests indigenous on account of their descent from the populations
areas, workers in commercial farms and plantations, which inhabited the country, at the time of conquest or
whether paid or unpaid, regular or seasonbound. These colonization, or at the time of inroads of non-indigenous
shall include, but are not limited to, (a) small farmers who religions and cultures, or the establishment of present state
own or are still amortizing for lands that is not more than boundaries, who retain some or all of their own social,
three (3) hectares, tenants, leaseholders, and stewards; and economic, cultural, and political institutions, but who may
(b) rural workers who are either wage earners, self- have been displaced from their traditional domains as
employed, unpaid family workers directly and personally defined under Section 3(h), Chapter II of Republic Act No.
engaged in agriculture, small-scale mining, handicrafts, and 8371, otherwise known as “The Indigenous Peoples Rights
other related farm and off-farm activities; Act of 1997” (IPRA of 1997);
(2) “Fisherfolk” refers to those directly or indirectly (8) “Moro” refers to native peoples who have historically
engaged in taking, culturing, or processing fishery or inhabited Mindanao, Palawan, and Sulu, and who are
aquatic resources. These include, but are not to be limited largely of the Islamic faith;
2
implementation, monitoring, and evaluation of policies and
(9) “Children” refers to those who are below eighteen (18) programs in all political, economic, and societal spheres so
years of age or over but are unable to fully take care of that women and
themselves or protect themselves from abuse, neglect, men benefit equally and inequality is not perpetuated. It is
cruelty, exploitation, or discrimination because of a the process of assessing the implications for women and
physical or mental disability or condition; men of any planned action, including legislation, policies,
or programs in all areas and at all levels.
(10) “Senior Citizens” refers to those sixty (60) years of
age and above; (j) “Temporary Special Measures” refers to a variety of
legislative, executive, administrative, and regulatory
(11) “Persons with Disabilities” refers to those who are instruments, policies, and practices
suffering from restriction or different abilities, as a result of aimed at accelerating this de facto equality of women in
a mental, physical, or sensory impairment to perform an specific areas. These measures shall not be considered
activity in the manner or within the range considered discriminatory but shall in no way entail as a consequence
normal for a human being; and the maintenance of unequal or separate standards. They
shall be discontinued when their objectives have been
(12) “Solo Parents” refers to those who fall under the achieved.
category of a solo parent defined under Republic Act No.
8972, otherwise known as the “Solo Parents Welfare Act of
2000”. (k) “Violence Against Women” refers to any act of gender-
based violence that results in, or is likely to result in,
(e) “Substantive Equality” refers to the full and equal physical, sexual, or psychological harm or suffering to
enjoyment of rights and freedoms contemplated under this women, including threats of such acts, coercion, or
Act. It encompasses de jure and de facto equality and also arbitrary deprivation of liberty, whether occurring in public
equality in outcomes. or in private life. It shall be understood to encompass, but
not limited to, the following:
(f) “Gender Equality” refers to the principle asserting the
equality of men and women and their right to enjoy equal (1) Physical, sexual, psychological, and economic violence
conditions realizing their full human potentials to occurring in the family, including battering, sexual abuse of
contribute to and benefit from the results of development, female children in the household, dowry-related violence,
and with the State recognizing that all human beings are marital rape, and other traditional practices harmful to
free and equal in dignity and rights. women, non-spousal violence, and violence related to
exploitation;
(g) “Gender Equity” refers to the policies, instruments,
programs, services, and actions that address the (2) Physical, sexual, and psychological violence occurring
disadvantaged position of women in society by providing within the general community, including rape, sexual
preferential treatment and affirmative action. Such abuse, sexual harassment, and intimidation at work, in
temporary special measures aimed at accelerating de facto educational institutions and elsewhere, trafficking in
equality between men and women shall not be considered women, and prostitution; and
discriminatory but shall in no way entail as a consequence
the maintenance of unequal or separate standards. These (3) Physical, sexual, and psychological violence perpetrated
measures shall be discontinued when the objectives of or condoned by the State, wherever it occurs. It also
equality of opportunity and treatment have been achieved. includes acts of violence against women as defined in
Republic Acts
(h) “Gender and Development (GAD)” refers to the No. 9208 and 9262.
development perspective and process that are participatory
and empowering, equitable, sustainable, free from violence, (l) “Women in the Military” refers to women employed in
respectful of human rights, supportive of self-determination the military, both in the major and technical services, who
and actualization of human potentials. It seeks to achieve are performing combat and/or noncombat functions,
gender equality as a fundamental value that should be providing security to the State, and protecting the people
reflected in development choices; seeks to transform from various forms of threat. It also includes women
society’s social, economic, and political structures and trainees in all military training institutions.
questions they validity of the gender roles they ascribed to
women and men; contends that women are active agents of (m) “Social Protection” refers to policies and programs that
development and not just passive recipients of development seek to reduce poverty and vulnerability to risks and
assistance; and stresses the need of women to organize enhance the social status and rights of all women,
themselves and participate in political processes to especially the marginalized by promoting and protecting
strengthen their legal rights. livelihood and employment, protecting against hazards and
sudden
(i) “Gender Mainstreaming” refers to the strategy for loss of income, and improving people’s capacity to manage
making women’s as well as men’s concerns and risk. Its components are labor market programs, social
experiences an integral dimension of the design, insurance, social welfare, and social safety nets.
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RIGHTS AND EMPOWERMENT
SEC. 5. The State as the Primary Duty-Bearer. – The State, (a) Within the next five (5) years, there shall be an
as the primary duty-bearer, shall: incremental increase in the recruitment and training of
women in the police force, forensics and med¬ico-legal,
(a) Refrain from discriminating against women and legal services, and social work services availed of by
violating their rights; women who are victims of gender-related offenses until
fifty percent (50%) of the personnel thereof shall be
(b) Protect women against discrimination and from women.
violation of their rights by private corporations, entities,
and individuals; and (b) Women shall have the right to protection and security in
situations of armed conflict and militarization. Towards this
(c) Promote and fulfill the rights of women in all spheres, end, they shall be protected from all forms of gender-based
including their rights to substantive equality and non- violence, particularly rape and other forms of sexual abuse,
discrimination. and all forms of violence in situations of armed conflict.
The State shall observe international standards for the
The State shall fulfill these duties through law, policy, protection
regulatory instruments, administrative guidelines, and other of civilian population in circumstances of emergency and
appropriate measures, including temporary special armed conflict. It shall not force women, especially
measures. Recognizing the interrelation of the human rights indigenous people, to abandon their lands, territories, and
of women, the State shall take measures and establish means of subsistence, or relocate them in special centers for
mechanisms to promote the coherent and integrated military purposes under any discriminatory condition.
implementation and enforcement of this Act and related
laws, policies, or other measures to effectively stop (c) All government personnel involved in the protection
discrimination against and advance the rights of women. and
The State shall keep abreast with and be guided by defense of women against gender-based violence shall
progressive developments in human rights of women under undergo a mandatory training on human rights and gender
international law and design of policies, laws, and other sensitivity pursuant to this Act.
measures to promote the objectives of this Act.
(d) All local government units shall establish a Violence
SEC. 6. Duties of the State Agencies and Instrumentalities. Against Women’s Desk in every barangay to ensure that
– violence against women cases are fully addressed in a
gender-responsive manner.
These duties of the State shall extend to all state agencies,
offices, and instrumentali¬ties at all levels and government- SEC. 10. Women Affected by Disasters, Calamities, and
owned and controlled corporations, subject to the Other Crisis Situations. – Women have the right to
Constitution and pertinent laws, policies, or administrative protection and security in times of disasters, calamities, and
guidelines that define specific duties of state agencies and other crisis situations especially in all phases of relief,
entities concerned. recovery, rehabilitation, and construction efforts. The State
shall provide for immediate humanitarian assistance,
SEC. 7. Suppletory Effect. – This chapter shall be deemed allocation of resources, and early resettlement, if necessary.
integrated into and be suppletory to other provisions of this It shall also address the particular needs of women from a
Act, particularly those that guarantee specific rights to gender perspective to ensure their full protection from
women and define specific roles and require specific sexual exploitation and other sexual and gender-based
conduct of state organs. violence committed against them. Responses to disaster
situations shall include the provision of services, such as
psychosocial support, livelihood support, education,
CHAPTER IV psychological health, and comprehensive health services,
4
including protection during pregnancy. language shall be used at all times. Capacity-building on
gender and development (GAD), peace and human rights,
SEC. 11. Participation and Representation. – The State education for teachers, and all those involved in the
shall undertake temporary special measures to accelerate education sector shall be pursued toward this end.
the participation and equitable representation of women in Partnerships between and among players of the education
all spheres of society particularly in the decision-making sector, including the private sector, churches, and faith
and policy-making processes in government and private groups shall be encouraged.
entities to fully realize their role as agents and beneficiaries
of development. The State shall institute the following (b) Enrollment of women in nontraditional skills training in
affirmative action mechanisms so that women can vocational and tertiary levels shall be encouraged.
participate meaningfully in the formulation,
implementation, and evaluation of policies, plans, and (c) Expulsion and non-readmission of women faculty due
programs for national, regional, and local development: to pregnancy outside of marriage shall be outlawed. No
school shall turn out or refuse admission to a female
(a) Empowerment within the Civil Service. – Within the student solely on the account of her having contracted
next five (5) years, the number of women in third (3rd) pregnancy outside of marriage during her term in school.
level positions in government shall be incrementally
increased to achieve a fifty-fifty (50-50) gender balance; SEC. 14. Women in Sports. – The State shall develop,
establish, and strengthen programs for the participating of
(b) Development Councils and Planning Bodies. – To women and girl-children in competitive and
ensure the participation of women in all levels of noncompetitive sports as a means to achieve excellence,
development planning and program implementation, at promote physical and social well-being, eliminate gender-
least forty percent (40%) of membership of all development role stereotyping,
councils from the regional, provincial, city, municipal, and and provide equal access to the full benefits of
barangay levels development for all persons regardless of sex, gender
shall be composed of women; identity, and other similar factors. For this purpose, all
sports-related organizations shall create guidelines that will
(c) Other Policy and Decision-Making Bodies. – Women’s establish and integrate affirmative action as a strategy and
groups shall also be represented in international, national, gender equality as a framework in planning and
and local special and decision-making bodies; implementing their policies, budgets, programs, and
activities relating to the participation of women and girls in
(d) International Bodies. – The State shall take all sports.
appropriate measures to ensure the opportunity of women,
on equal terms with men and without any discrimination to The State will also provide material and nonmaterial
represent their government at the international level and to incentives to local government units, media organizations,
participate in the work of international organizations: and the private sector for promoting, training, and
preparing women and girls for participation in competitive
and noncompetitive sports, especially in local and
(e) Integration of Women in Political Parties. – The State international events, including, but not limited to, the
shall provide incentives to political parties with women’s Palarong Pambansa, Southeast Asian Games, Asian Games,
agenda. It shall likewise encourage the integration of and the Olympics. No sports event or tournament will offer
women in their leadership hierarchy internal policy-making or award a different sports prize, with respect to its amount
structures, appointive, and electoral nominating processes; or value, to women and men winners in the same sports
And category:
Provided, That the said tournament, contest, race, match,
(f) Private Sector. – The State shall take measures to event, or game is open to both sexes:
encourage women leadership in the private sector in the Provided, further, That the sports event or tournament is
form of incentives. divided into male or female divisions. The State shall also
ensure the safety and well-being of all women and girls
SEC. 12. Equal Treatment Before the Law. – The State participating in sports, especially, but not limited to,
shall take steps to review and, when necessary, amend trainees, reserve members, members, coaches, and mentors
and/or repeal existing laws that are discriminatory to of national sports teams, whether in studying, training, or
women within three (3) years from the effectivity of this performance phases, by providing them comprehensive
Act. health and medical insurance coverage, as well as
integrated medical, nutritional, and healthcare services.
SEC. 13. Equal Access and Elimination of Discrimination
in Schools, colleges, universities, or any other learning
Education, Schoolarships, and Training. – institution shall take into account its total women student
population in granting athletic scholarship. There shall be a
(a) The State shall ensure that gender stereotypes and pro rata representation of women in the athletic scholarship
images in educational materials and curricula are program based on the percentage of women in the whole
adequately and appropriately revised. Gender-sensitive student population.
5
their religious convictions, and the demands of responsible
SEC. 15. Women in the Military. – The State shall pursue parenthood, and the right of women to protection from
appropriate measures to eliminate discrimination of women hazardous drugs, devices, interventions, and substances.
in the military, police, and other similar services, including Access to the following services shall be ensured:
revising or abolishing policies and practices that restrict
women from availing of both combat and noncombat (1) Maternal care to include pre-and post-natal services to
training that are open to men, or from taking on functions address pregnancy and infant health and nutrition;
other than administrative tasks, such as engaging in (2) Promotion of breastfeeding;
combat, security-related, or field operations. Women in the (3) Responsible, ethical, legal, safe, and effective methods
military shall be accorded the same promotional privileges of family planning;
and opportunities as men, including pay increases, (4) Family and State collaboration in youth sexuality
additional remunerations and benefits, and awards based on education and health services without prejudice to the
their competency and quality of performance. Towards this primary right and duty of parents to educate their children;
end, the State shall ensure that the personal of women shall (5) Prevention and management of reproductive tract
always be respected. Women in the military, police, and infections, including sexually transmitted diseases, HIV,
other similar services shall be provided with the same right and AIDS;
to employment as men one equal conditions. Equally, they (6) Prevention and management of reproductive tract
shall be accorded the same capacity as men to act in and cancers like breast and cervical cancers, and other
enter into contracts, including marriage. gynecological conditions and disorders;
15 14 (7) Prevention of abortion and management of pregnancy-
Further, women in the military, police, and other similar related complications;
services shall be entitled to leave benefits such as maternity (8) In cases of violence against women and children,
leave, as provided for by existing laws. women and children victims and survivors shall be
provided with comprehensive health services that include
SEC. 16. Nondiscriminatory and Nonderogatory Portrayal psychosocial, therapeutic, medical, and legal interventions
of Women in Media and Film. – The State shall formulate and assistance towards healing, recovery, and
policies and programs for the advancement of women in empowerment;
collaboration with government and nongovernment media- (9) Prevention and management of infertility and sexual
related organizations. It shall likewise endeavor to dysfunction pursuant to ethical norms and medicals
raise the consciousness of the general public in recognizing standards;
the dignity of women and the role and contribution of (10) Care of the elderly women beyond their child-bearing
women in the family, community, and the society through years; and
the strategic use of mass media. For this purpose, the State (11) Management, treatment, and intervention of mental
shall ensure allocation of space, airtime, and resources, health problems of woman and girls.
strengthen programming, production, and image-making
that appropriately present women’s needs, issues, and In addition, healthy lifestyle activities are encouraged and
concerns in all forms of media, communication, promoted through programs and projects as strategies in the
information dissemination, and advertising. The State, in prevention of diseases.
cooperation with all schools of journalism, information,
and communication, as well as the national media (b) Comprehensive Health Information and Education. –
federations and associations, shall require all media The State shall provide women in all sectors with
organizations and corporations to integrate into their human appropriate, timely, complete, and accurate information and
resource development components regular training on education of all the above-stated aspects of women’s health
gender equality and gender-based discrimination create and in government education and training programs, with due
use gender equality guidelines in all aspects of regard to the following:
management, training, production, information,
dissemination, communication, and programming; and (1) The natural and primary right and duty of parents in the
convene a gender equality committee that will promote rearing of the youth and the development of moral
gender mainstreaming as a framework and affirmative character and the right of children to be brought up in an
action as a strategy, and monitor and evaluate the atmosphere of morality and rectitude for the enrichment
implementation of gender equality guidelines. and strengthening of character;
6
benefit of two (2) months with full pay based on her gross production and shall ensure its sustainability and
monthly compensation following surgery caused by sufficiency with the active participation of women.
gynecological disorders. Towards this end, the State shall guarantee, at all times, the
availability in the market of safe and health-giving food to
SEC. 19. Equal Rights in All Matters Relating to Marriage satisfy the dietary needs of the population, giving particular
and Family Relations. – The State shall take all appropriate attention to the specific needs of poor girl children and
measures to eliminate discrimination against women in all marginalized women, especially pregnant and lactating
matters relating to marriage and family relations and shall mothers and their young children. To further address this,
ensure: the state shall ensure:
(a) the same rights to enter into and leave marriages or (a) Right to Food. – The State shall guarantee the
common law relationships referred to under the Family availability of food in quantity and quality sufficient to
Code without prejudice to personal or religious beliefs; satisfy the dietary needs of individuals, the physical and
economic accessibility for everyone to adequate food that is
(b) the same rights to choose freely a spouse and to enter culturally acceptable and free from unsafe substances and
into culturally accepted, and the accurate and substantial
marriage only with their free and full consent. The betrothal information to the
and the marriage of a child shall have no legal effect; availability of food, including the right to full, accurate, and
truthful information about safe and health-giving foods and
(c) the joint decision on the number and spacing of their how to produce and have regular easy access to them;
children and to have access to the information, education
and means to enable them to exercise these rights; (b) Right to Resources for Food Production. – The State
(d) the same personal rights between spouses or common shall guarantee women a vital role in food production by
law spouses including the right to choose freely a giving priority to their rights to land, credit, and
profession and an occupation; infrastructure support, technical training, and technological
and marketing assistance. The State shall promote women-
(e) the same rights for both spouses or common law friendly technology as a high priority activity in agriculture
spouses in respect of the ownership, acquisition, and shall promote 19 18 the right to adequate food by
management, administration, enjoyment, and disposition of proactively engaging in activities intended to strengthen
property; access to, utilization of, and receipt of accurate and
substantial information on resources and means to ensure
(f) the same rights to properties and resources, whether women’s livelihood, including food security:
titled or not, and inheritance, whether formal or customary;
and (1) Equal status shall be given to women and men, whether
married or not, in the titling of the land and issuance of
(g) women shall have equal rights with men to acquire stewardship contracts and patents;
change, or retain their nationality. The State shall ensure in (2) Equal treatment shall be given to women and men
particular that neither marriage to an alien nor change of beneficiaries of the agrarian reform program, wherein the
nationality by the husband during marriage shall vested right of a woman agrarian reform beneficiary is
automatically change the nationality of the wife, render her defined by a woman’s relationship to tillage, i.e., her direct
stateless or force upon her the nationality of the husband. and indirect contribution to the development of the land;
Various statutes of other countries concerning dual (3) Customary rights of women to the land, including
citizenship that may be enjoyed equally by women and men access to and control of the fruits and benefits, shall be
shall likewise be considered. Customary laws shall be recognized in circumstances where private ownership is not
respected: Provided, however, That they do not possible, such as ancestral domain claims;
discriminate against, women. (4) Information and assistance in claiming rights to the land
shall be made available to women at all times;
CHAPTER V (5) Equal rights to women to the enjoyment, use, and
RIGHTS AND EMPOWERMENT OF management of land, water, and other natural resources
MARGINALIZED SECTORS within their communities or ancestral domains;
(6) Equal access to the use and management of fisheries
Women in marginalized sectors are hereby guaranteed all and
civil, political, social, and economic rights recognized, aquatic resources, and all the rights and benefits accruing to
promoted, and protected under existing laws including, but stakeholders in the fishing industry;
not limited to, the Indigenous Peoples Rights Act, the (7) Equal status shall be given to woman and men in the
Urban Development and Housing Act, the Comprehensive issuance of stewardship or lease agreements and other
Agrarian Reform Law, the Fisheries Code, the Labor Code, fishery rights that may be granted for the use and
the Migrant Workers Act, the Solo Parents Welfare Act, management of coastal and aquatic resources. In the same
and the Social Reform and Poverty Alleviation Act. manner, women’s organizations shall be given equal
treatment as with other marginalized fishers organizations
SEC. 20. Food Security and Productive Resources. – The in the issuance of stewardship or lease agreements or other
State recognizes the contribution of women to food fishery rights for the use and management of such coastal
7
and aquatic resources which may include providing cultural practices even in the workplace.
supports to women-engaged coastal resources; (c) In recognition of the temporary nature of overseas work,
(8) There shall be no discrimination against women in the the State shall exert all efforts to address the causes of out-
deputization of fish wardens; migration by developing local employment and other
(9) Women-friendly and sustainable agriculture technology economic opportunities for women and by introducing
shall be designed based on accessibility and viability in measures to curb violence and forced and involuntary
consultation with women’s organizations; displacement of local women. The State shall ensure the
(10) Access to small farmer-based and controlled seeds protection and promotion of the rights and welfare of
production and distribution shall be ensured and protected; migrant women regardless of their work status, and protect
(11) Indigenous practices of women in seed storage and them against discrimination in wages, conditions of work,
cultivation shall be recognized, encouraged, and protected; and employment opportunities in host countries.
(12) Equal rights shall be given to women to be members
of SEC. 23. Right to Livelihood, Credit, Capital, and
farmers’ organizations to ensure wider access to and Technology. – The State shall ensure that women are
control of the means of production; provided with the following:
(13) Provide opportunities for empowering women fishers
to be involved in the control and management, not only of (a) Equal access to formal sources of credit and capital;
the catch and production of aquamarine resources but also, (b) Equal share to the produce of farms and aquatic
to engage in entrepreneurial activities which will add value resources; and
to production and marketing ventures; and (c) Employment opportunities for returning women migrant
(14) Provide economic opportunities for the indigenous workers taking into account their skills and qualifications.
women, particularly access to market for their produce. In
the enforcement of the foregoing, the requirements of law Corollarily, the State shall also promote skills and
shall be observed at all times. entrepreneurship development of returning women
migrant workers.
SEC. 21. Right to Housing. – The State shall develop
housing programs for women that are localized, simple, SEC. 24. Right to Education and Training. – The State
accessible, with potable water, and electricity, secure, with shall
viable employment opportunities and affordable ensure the following:
amortization. In this regard, the State consult women and (a) Women migrant workers have the opportunity to
involve them in community planning and development, undergo skills training, if they so desire, before taking on a
especially in matters pertaining to land use, zoning, and foreign job, and possible retraining upon return to the
relocation. country;
(b) Gender-sensitive training and seminars; and
SEC. 22. Right to Decent Work. – The State shall (c) Equal opportunities in scholarships based on merit and
progressively realize and ensure decent work standards for fitness especially to those interested in research and
women that involve the creation of jobs of acceptable development aimed towards women-friendly farm
quality in conditions of freedom, equity, security, and technology.
human dignity.
(a) Decent work involves opportunities for work that are SEC. 25. Right to Representation and Participation. – The
productive and fairly remunerative as family living wage, State shall ensure women’s participation in policy-making
security in the workplace, and social protection for or decision-making bodies in the regional, national, and
families, better prospects for personal development and international levels. It shall also ensure the participation of
social integration, freedom for people to express their grassroots women leaders in decision and policy-making
concerns, organize, participate in the decisions that affect bodies in their respective sectors including, but not limited
their lives, and equality of opportunity and treatment for all to, the Presidential Agrarian Reform Council (PARC) and
women and men. its local counterparts; community-based resource
management bodies or mechanisms on forest management
(b) The State shall further ensure: and stewardship; the National Fisheries and Aquatic
Resources Management Council (NFARMC) and its local
(1) Support services and gears to protect them from counterparts; the National Commission on Indigenous
occupational and health hazards taking into account People; the Presidential Commission for the Urban Poor;
women’s maternal functions; the
(2) Support services that will enable women to balance National Anti-Poverty Commission; and, where applicable,
their family obligations and work responsibilities including, the local housing boards.
but not limited to, the establishment of day care centers and
breast-feeding stations at the workplace, and providing SEC. 26. Right to Information. – Access to information
maternity leave pursuant to the Labor Code and other regarding policies on women, including programs, projects,
pertinent laws; and funding outlays that affect them, shall be ensured.
(3) Membership in unions regardless of status of
employment and place of employment; and SEC. 27. Social Protection. –
(4) Respect for the observance of indigenous peoples’ (a) The Social Security System (SSS) and the Philippine
8
Health Insurance Corporation (PhilHealth) shall support For purposes of this Act, “Women in Especially Difficult
indigenous and communitybased social protection schemes. Circumstances” (WEDC) shall refer to victims and
survivors of sexual and physical abuse, illegal recruitment,
(b) The State shall institute policies and programs that seek prostitution, trafficking, armed conflict, women in
to reduce the poverty and vulnerability to risks and enhance detention, victims and survivors of rape and incest, and
the social status and rights of the marginalized women by such other related circumstances which have incapacitated
promoting and protecting livelihood and employment, them functionally. Local government units are therefore
protecting against hazards and sudden loss of income, and mandated to deliver the necessary services and
improving people’s capacity to manage risks. interventions to WEDC under their respective jurisdictions.
(c) The State shall endeavor to reduce and eventually SEC. 31. Services and Interventions. – WEDC shall be
eliminate transfer costs of remittance from abroad through provided with services and interventions as necessary such
appropriate bilateral and multilateral agreements. It shall as, but not limited to, the following:
likewise provide access to investment opportunities for
remittances in line with national development efforts. (a) Temporary and protective custody;
23 22 (b) Medical and dental services;
(d) The State shall establish a health insurance program for (c) Psychological evaluation;
senior citizens and indigents. (d) Counseling;
(e) Psychiatric evaluation;
(e) The State shall support women with disabilities on a (f) Legal services;
community-based social protection scheme. (g) Productivity skills capability building;
(h) Livelihood assistance;
SEC. 28. Recognition and Preservation of Cultural Identity (i) Job placement;
and Integrity. – The State shall recognize and respect the (j) Financial assistance; and
rights of Moro and indigenous women to practice, promote, (k) Transportation assistance.
protect, and preserve their own culture, traditions, and
institutions and to consider these rights in the formulation SEC. 32. Protection of Girl-Children. –
and implementation of national policies and programs. To
this end, the State shall adopt measures in consultation with (a) The State shall pursue measures to eliminate all forms
the sectors concerned to protect their rights to their of discrimination against girl-children in education, health
indigenous knowledge systems and practices, traditional and nutrition, and skills development.
liveli¬hood, and other manifestations of their cultures and (b) Girl-children shall be protected from all forms of abuse
ways of life: Provided, That these cultural systems and and exploitation.
practices are not discriminatory to women.
(c) Equal access of Moro and indigenous girl-children in
SEC. 29. Peace and Development. – The peace process the
shall be pursued with the following considerations: Madaris, schools of living culture and traditions, and the
regular schools shall be ensured.
(a) Increase the number of women participating in
discussions and decision-making in the peace process, (d) Gender-sensitive curriculum, including legal literacy,
including membership in peace panels recognizing books, and curriculum in the Madaris and schools of living
women’s role in conflict-prevention and peace-making and culture and traditions shall be developed.
in indigenous system of conflict resolution;
(e) Sensitivity of regular schools to particular Moro and
(b) Ensure the development and inclusion of women’s indigenous practices, such as fasting in the month of
welfare and concerns in the peace agenda in the overall Ramadan, choice of clothing (including the wearing of
peace strategy and women’s participation in the planning, hijab, and availability of halal food shall be ensured.)
implementation, monitoring, and evaluation of
rehabilitation and rebuilding of conflict-affected areas;
SEC. 33. Protection of Senior Citizens. – The State shall
(c) The institution of measures to ensure the protection of protect women senior citizens from neglect, abandonment,
civilians in conflict-affected communities with special domestic violence, abuse, exploitation, and discrimination.
consideration for the specific needs of women and girls; Towards this end, the State shall ensure special protective
mechanisms and support services against violence, sexual
(d) Include the peace perspective in the education abuse, exploitation, and discrimination of older women.
curriculum and other educational undertakings; and
(e) The recognition and support for women’s role in SEC. 34. Women are entitled to the recognition and
conflict prevention, management, resolution and protection of their rights defined and guaranteed under this
peacemaking, and in indigenous systems of conflict Act including their right to nondiscrimination.
resolution.
SEC. 35. Discrimination Against Women is Prohibited. –
SEC. 30. Women in Especially Difficult Circumstances. – Public and private entities and individuals found to have
9
committed discrimination against women shall be subject effectiveness of interventions in addressing gender issues
to the sanctions provided in Section 41 hereof. Violations towards the realization of the objectives of the country’s
of other rights of women shall be subject to sanctions under commitments, plans, and policies on women
pertinent laws and regulations. empowerment, gender equality, and GAD. Local
government units are also encouraged to develop and pass a
CHAPTER VI GAD Code based on the gender issues and concerns in their
INSTITUTIONAL MECHANISMS respective localities based on consultation with their
women constituents and the women’s empowerment and
SEC. 36. Gender Mainstreaming as a Strategy for gender equality agenda of the government. The GAD Code
Implementing the Magna Carta of Women. – Within a shall also serve as basis for identifying programs, activities,
period prescribed in the implementing rules and and projects on GAD. Where needed, temporary gender
regulations, the National Commission on the Role of equity measures shall be provided for in the plans of all
Filipino Women (NCRFW) shall assess its gender departments, including their attached agencies, offices,
mainstreaming program for consistency with the standards bureaus, state universities and colleges, government-owned
under this Act. It shall modify the program accordingly to and –controlled corporations, local government units, and
ensure that it will be an effective strategy for implementing other government instrumentalities. To move towards a
this Act and attaining its objectives. All departments, more sustainable, gender-responsive, and performance
including their attached agencies, offices, bureaus, state based planning and budgeting, gender issues and concerns
universities and colleges, government-owned and – shall be integrated in, among others, the following plans:
controlled corporations, local government units, and other
government instrumentalities shall adopt gender (1) Macro socioeconomic plans such as the Medium-Term
mainstreaming as a strategy to promote women’s human Philippine Development Plan and Medium-Term Philippine
rights and eliminate gender discrimination in their systems, Investment Plan;
structures, policies, programs, processes, and procedures (2) Annual plans of all departments, including their
which shall include, but not limited to, the following: attached
agencies, offices, bureaus, state universities and college,
(a) Planning, budgeting, monitoring and evaluation for and government-owned and controlled corporations; and
GAD. GAD programs addressing gender issues and (3) Local plans and agenda such as executive-legislative
concerns shall be designed and implemented based on the agenda, comprehensive development plan (CDP),
mandate of government agencies and local government comprehensive land use plan (CLUP), provincial
units, Republic Act No. 7192, gender equality agenda of development and physical development and physical
the government and other GAD-related legislation, policies, framework plan (PDPFP), and annual investment plan.
and commitments. The development of GAD programs
shall proceed from the conduct of a gender audit of the (b) Creation and/or Strengthening of the GAD Focal Points
agency or the local government unit and a gender analysis (GFP).
of tis policies, programs, services and the situation of its All departments, including their attached agencies, offices,
clientele; bureaus, states
the generation and review of sex-disaggregated data; and universities and colleges, government-owned and –
consultation with gender/women’s rights advocates and controlled corporations, local government units, and other
agency/women clientele. The cost of implementing GAD government instrumentalities shall establish or strengthen
programs shall be the agency’s or the local government their GAD Focal Point System or similar GAD mechanism
unit’s GAD budget which shall be at least five percent (5%) to catalyze and accelerate gender mainstreaming within the
of the agency’s or the local government unit’s total budget agency or local government unit.
appropriations. Pursuant to Republic Act No. 7192,
otherwise known as the Women in Development and The GAD Focal Point System shall be composed of the
Nation Building Act, which allocates five percent (5%) to agency head or local chief executive, an executive
thirty percent (30%) of overseas development assistance to committee with an Undersecretary (or its equivalent), local
GAD, government agencies receiving official development government unit official, or office in a strategic decision-
assistance should ensure the alloca¬tion and proper making position as Chair; and a technical working group or
utilization of such funds to gender-responsive programs secretariat which is composed of representatives from
that complement the government GAD funds and annually various divisions or offices within the agency or local
report accomplishments thereof to the National Economic government unit. The tasks and functions of the members
and Development Authority (NEDA) and the Philippine of the GFP shall form part of their regular key result areas
Commission on Women (PCW). The utilization and and shall be given due consideration in their performance
outcome of the GAD budget shall be annually monitored evaluation.
and evaluated in terms of its success in influencing the
gender-responsive implementation of agency programs (c) Generation and Maintenance of Gad Database. All
funded by the remaining ninety-five percent (95%) budget. departments, including their attached agencies, offices,
bureaus-state universities and colleges, government-owned
The Commission on Audit (COA) shall conduct an annual and –controlled corporations, local government units, and
audit on the use of the GAD budget for the purpose of other government instrumentalities shall develop and
determining its judicious use and the efficiency, and maintain a GAD database containing gender statistics and
10
sex-disaggregated date that have been systematically promotion of the rights of women, especially marginalized
gathered, regularly updated, and subjected to gender women;
analysis for planning, programming, and policy (d) Assist in the filing of cases against individuals,
formulation. agencies,
institutions, or establishments that violate the provisions of
SEC. 37. Gender Focal Point Officer in Philippine this Act; and
Embassies and Consulates. – An officer duly trained on (e) Recommend to the President of the Philippines or the
GAD shall be designated as the gender focal point in the Civil Service Commission any possible administrative
consular section of Philippine embassies or consulates. Said action based on noncompliance or failure to implement the
officer shall be primarily responsible in handling gender provisions of this Act.
concerns of women migrant workers. Attached agencies
shall cooperate in strengthening the Philippine foreign SEC. 40. Monitoring Progress and Implementation and
posts’ programs for the delivery of services to women Impact of this Act. – The PCW, in coordination with other
migrant workers. state agencies and the CHR, shall submit to Congress
regular reports on the progress of the implementation of
SEC. 38. National Commission on the Role of Filipino this Act highlighting the impact thereof on the status and
Women (NCRFW). – The National Commission on the Role human rights of women: Provided, that the second report
of Filipino Women (NCRFW) shall be renamed as the shall include an assessment of the effectiveness of this Act
Philippine Commission on Women (PCW), the primary and recommend amendments to improve its provisions:
policy-making and coordinating body of the women and Provided, finally, That these reports shall be submitted to
gender equality concerns under the Office of the President. Congress every three (3) years or as determined in the
The PCW shall be the overall monitoring body and implementing rules and regulations.
oversight to ensure the implementation of this Act. In doing
so, the PCW may direct any government agency and SEC. 41. Penalties. – Upon finding of the CHR that a
instrumentality, as may be necessary to report on the department, agency, or instrumentality of government,
implementation of this Act and for them to immediately government-owned and –controlled corporation, or local
respond to the problems brought to their attention in government unit has violated any provision of this Act and
relation to this Act. The PCW shall also lead in ensuring its implementing rules and regulations, the sanctions under,
that government agencies are capacitated on the effective administrative law, civil service, or other appropriate laws
implementation of this Act. The chairperson shall likewise shall be recommended to the Civil Service Commission
report to the President in Cabinet meetings on the and/or the Department of the Interior and Local
implementation of this Act. To the extent possible, the Government. The person directly responsible for the
PCW shall influence the systems, processes, and violation as well as the head of the agency or local chief
procedures of the executive legislative, and judicial executive shall be held liable under this Act. If the violation
branches of government is committed by a private entity or individual, the person
vis-à-vis GAD to ensure the implementation of this Act. directly responsible for the violation shall be liable to pay
To effectively and efficiently undertake and accomplish its damages. Filing a complaint under this Act shall not
functions, the PCW shall revise its structure and staffing preclude the offended party from pursuing other remedies
pattern with the assistance of the Department of Budget and available under the law and to invoke any of the provisions
Management. of existing laws especially those recently enacted laws
protecting women and children, including the Women in
SEC. 39. Commission on Human Rights (CHR). – The Development and Nation Building Act (Republic Act No.
Commission, acting as the Gender and Development 7192). The Special Protection of Children Against Child
Ombud, consistent with its mandate, shall undertake Abuse, Exploitation and Discrimination Act (Republic Act
measures such as the following: No. 7610), the Anti-Sexual Harassment Act of 1995
(Republic Act No. 7877), the Anti-Rape Law of 1997
(a) Monitor with the PCW and other state agencies, among (Republic Act No. 8353), the Rape Victim Assistance and
others, in developing indicators and guidelines to comply Protection Act of 1998 (Republic Act No. 8505), the Anti-
with their duties related to the human rights of women, Trafficking in Persons Act of 2003 (Republic Act No.
including their right to nondiscrimination guaranteed under 9208) and the Anti-Violence Against Women and Their
this Act; Children Act of 2004 (Republic Act No. 9262). If violence
(b) Designate one (1) commissioner and/or its Women’s has been proven to be perpetrated by agents of the State
Human Rights Center to be primarily responsible for including, but not limited to, extrajudicial killings, enforced
formulating and implementing programs and activities disappearances, torture, and internal displacements, such
related to the promotion and protection of the human rights shall be considered aggravating offenses with
of women, including the investigations and complaints of corresponding penalties depending on the severity of the
discrimination and violations of their rights brought under offenses.
this Act and related laws and regulations;
29 28 SEC. 42. Incentives and Awards. – There shall be
(c) Establish guidelines and mechanisms, among others, established an incentives and awards systems which shall
that will facilitate access of women to legal remedies under be administered by a board under such rules and
this Act and related laws, and enhance the protection and regulations as may be promulgated by the PCW to
11
deserving entities, government agencies, and local PHILIPPINE COMMISSION ON WOMEN
government units for their outstanding performance in (formerly National Commission on the Role of Filipino
upholding the rights of women and effective Women)
implementation of gender-responsive programs. BOARD RESOLUTION NO. 1
Series of 2010
SEC. 43. Funding. – The initial funding requirements for APPROVING AND ADOPTING THE IMPLEMENTING
the RULES AND REGULATIONS OF REPUBLIC ACT NO.
implementation of this Act shall be charged against the 9710 OTHERWISE KNOWN AS THE “MAGNA CARTA
current appropriations of the agencies concerned. OF WOMEN.”
Thereafter, such sums as may be necessary for the
implementation of this Act shall be included in the WHEREAS, the President signed into law on August 14,
agencies’ yearly budgets under the General Appropriations 2009 Republic Act No. 9710, otherwise known as the
Act. The State shall prioritize allocation of all available “Magna Carta of Women,” which is a comprehensive
resources to effectively women's human rights law that seeks to eliminate
fulfill its obligations specified under this Act. The State discrimination against women by recognizing, respecting,
agencies’ GAD budgets, which shall be at least five percent protecting, fulfilling and promoting the rights of Filipino
(5%) of their total budgetary allocation, shall also be women, especially those in the marginalized sectors;
utilized for the programs and activities to implement this
Act. WHEREAS, Section 44 of the aforementioned law
mandates the Philippine Commission on Women (PCW), in
SEC. 44. Implementing Rules and Regulations. – As the coordination with the Commission on Human Rights
lead (CHR) and all concerned government departments and
agency, the PCW shall, in coordination with the agencies including, as observers, both Houses of Congress
Commission on Human Rights and all concerned through the Committee on Youth, Women and Family
government departments and agencies including, as Relations (Senate) and the Committee on Women and
observers, both Houses of Congress through the Committee Gender Equality
on Youth, Women and Family Relations (Senate) and the (House of Representatives) and with the participation of
Committee on Women and Gender Equality (House of representatives from non-government organizations
Representatives) and with the participation of (NGOs) and civil society groups with proven track record
represen¬tatives from nongovernment organizations of involvement and promotion of the rights and welfare of
(NGOs) and civil society groups with proven track record Filipino women and girls identified by the PCW, to
of involvement and promotion of the rights and welfare of formulate the implementing rules and regulations (IRR) of
Filipino women and girls identified by the PCW, formulate this Act within one hundred eighty days (180) days after its
the implementing rules and regulations (IRR) of this Act effectivity;
within one hundred eighty (180) days after its effectivity.
WHEREAS, the draft IRR was formulated by the Technical
SEC. 45. Separability Clause. – If any provision or part Drafting Committee, in coordination and consultation with
hereof is held invalid or unconstitutional, the remainder of other government departments and agencies, non-
the law or the provisions not otherwise affected shall government organizations and other stakeholders;
remain valid and subsisting. 31 30
WHEREAS, the validation of the draft IRR entailed a
SEC. 46. Repealing Clause. – Any law, presidential decree participatory and consultative process, involving
or issuance, executive order, letter of instruction, government and non-government stakeholders from the
administrative order, or regulation contrary to, or National Capital Region, Luzon, Visayas and Mindanao,
inconsistent with, the provisions of this Act is hereby including the Autonomous Region in Muslim Mindanao;
repealed, modified, or amended accordingly. 33 32
WHEREAS, the enhanced draft IRR was presented during
SEC. 47. Effectivity Clause. This Act shall take effect the PCW Special Board Meeting held on March 30, 2010;
fifteen (15) days after its publication in at least two (2)
newspapers of general circulation NOW, THEREFORE, BE IT RESOLVED, AS IT IS
HEREBY RESOLVED, by the Chairperson and the
Approved, Members of the Board of Commissioners of the Philippine
Commission on Women, to approve and adopt the rules and
This Act is a consolidation of Senate Bill No. 2396 and regulations implementing RA 9710, otherwise known
House Bill no. 4273 was finally passed by the Senate and as the “Magna Carta of Women”
the House of Representatives on May 19, 2009 and May
20, 2009, respectively DONE this 30th day of March 2010 at Mabini Hall,
Malacañang, Manila.
Approved: August 14, 2009
Republic of the Philippines HON. MYRNA T. YAO
Office of the President Chairperson, Philippine Commission on Women
35 34
12
opportunities available to every member of society.
THE IMPLEMENTING RULES AND REGULATIONS The State affirms women's rights as human rights and shall
OF REPUBLIC ACT NO. 9710, OTHERWISE intensify its efforts to fulfill its duties under international
KNOWN AS THE “MAGNA CARTA OF WOMEN” and domestic laws to recognize, respect, protect, fulfill, and
promote all fundamental freedoms and human rights,
Pursuant to Section 44 of Republic Act No. 9710, An Act encompassing all civil and political rights, and economic,
Providing for the Magna Carta of Women, the following social and cultural rights of women, especially
Rules and Regulations are hereby promulgated: marginalized women, without distinction or discrimination
on account of class, age, sex, gender, language, ethnicity,
RULE I religion, ideology, disability, education, and status.
GENERAL PROVISION The State shall provide the necessary mechanisms to
enforce women's rights and adopt and undertake all legal
SECTION 1. Title – These Rules and Regulations shall be measures necessary to foster and promote equal
known and cited as The Implementing Rules and opportunity for women to participate and contribute
Regulations of Republic Act No. 9710, otherwise known as politically, economically, socially, and culturally.
the “Magna Carta of Women.” The State, in ensuring the full integration of women's
concerns in the mainstream of development, shall provide
SECTION 2. Purpose – These Rules and Regulations are ample opportunities to enhance and develop their skills,
hereby promulgated to prescribe the procedures and acquire productive employment, and contribute to the
guidelines for the implementation of the “Magna Carta of development and upliftment of their families and
Women” in order to facilitate the compliance therewith and communities to the fullest of their capabilities.
to achieve the objectives thereof.
In pursuance of this policy, the State reaffirms the right of
SECTION 3. Construction – These Rules and Regulations women in all sectors to participate in policy formulation,
shall be liberally construed in favor of women in order to planning, organization, 37 36 1 implementation,
promote the principles and rights of women and to achieve management, monitoring and evaluation of all programs,
the objectives of the “Magna Carta of Women.” projects and services. It shall support policies, researches,
technology, and training programs and other support
SECTION 4. Coverage – Implementation of these Rules services such as financing, production, and marketing to
and Regulations includes all concerned national encourage active participation of women in national
government agencies (NGAs), bodies, instrumentalities, development.
including government-owned and - controlled corporations
(GOCCs), private entities, local government units (LGUs), SECTION 6. Principles of Human Rights of Women –
private and state universities and colleges (SUCs), and Human rights are universal and inalienable. All people in
private and public schools. The equivalent units in the world are entitled to them. The universality of human
autonomous regions rights is encompassed in Article 1 of the Universal
shall likewise be accountable to implement these Rules and Declaration of Human Rights (UDHR) which states that all
Regulations. human beings are free and equal in dignity and rights.
Human rights are indivisible. Human rights are inherent to
SECTION 5. Declaration of Policy – Recognizing that the dignity of every human being whether they relate to
economic, political, and sociocultural realities affect civil, cultural, economic,
women's current condition, the State affirms the role of political, or social issues. Human rights are interdependent
women in nation building and ensures the substantive and interrelated. The fulfillment of one right often depends,
equality of women and men. It shall promote empowerment wholly or in part, upon the fulfillment of others.
of women, pursue equal opportunities for women and men,
and ensure equal access to resources and to development All individuals are equal as human beings by virtue of the
results and outcome. Further, the State realizes that equality inherent dignity of each human person. No one, therefore,
of men and women entails the abolition of the unequal should suffer discrimination on the basis of ethnicity,
structures and practices that perpetuate discrimination and gender, age, language, sexual orientation, race, color,
inequality. religion, political, or other opinion, national, social, or
To realize this, the State shall endeavor to develop plans, geographical origin, disability, property, birth, or other
policies, programs, measures, and mechanisms to address status as established by human rights standards. All people
discrimination and inequality in the economic, political, have the right to participate in and access information
civil, social, and cultural life of women and men. relating to the decision-making processes that affect their
The State condemns discrimination against women in all its lives and well-being. Rights-based approaches require a
forms and pursues by all appropriate means and without high degree of participation of communities, civil society,
delay the policy of eliminating discrimination against minorities, women, young people, indigenous peoples, and
women in keeping with the Convention on the Elimination other identified groups.
of All Forms of Discrimination Against Women (CEDAW)
and other international instruments consistent with States and other duty-bearers are answerable for the
Philippine law. observance of human rights. They have to comply with the
The State shall accord women the rights, protection, and legal norms and standards enshrined in international human
13
rights instruments in accordance with the Philippine F. “Gender and Development (GAD)” refers to the
Constitution. When they fail to do so, aggrieved rights- development perspective and process that is participatory
holders are entitled to institute proceedings for appropriate and empowering, equitable, sustainable, free from violence,
redress before a competent court or other adjudicator in respectful of human rights, and supportive of self-
accordance with the rules and procedures provided by law. determination and actualization of human potentials. It
seeks to achieve gender equality as a fundamental value
RULE II that should be reflected in development choices; seeks to
DEFINITION OF TERMS transform society's social, economic, and political
structures
SECTION 7. Definition of Terms – As used in these Rules and questions the validity of the gender roles they ascribed
and Regulations, the following terms shall mean: to women and men; contends that women are active agents
of development and not just passive recipients of
A. “Affirmative Action” refers to a policy action that favors development assistance; and stresses the need of women to
marginalized groups in society, such as women. While it is organize themselves and participate in political processes to
a strengthen their legal rights;
special measure, it is not considered discriminatory since it
aims to accelerate the attainment of equality of women. G. “Gender Audit” refers to a form of “social audit” or
Affirmative action should not result in unequal or separate “quality audit” which determines whether the
standards and must be discontinued when the objectives of organization’s internal practices and related support
equality of opportunity and treatment have been achieved; systems for gender mainstreaming are effective and are
reinforcing each other and are being followed. This tool or
B. “Audit of GAD Funds” refers to a comprehensive audit process assists organizations in establishing a baseline,
of a government agency’s policies, fund programs, projects identifying critical gaps and challenges, and recommending
and activities focusing on the area of gender and ways of addressing
development to determine economy, efficiency, and them;
effectiveness of interventions in addressing gender issues;
H. “Gender Equality” refers to the principle asserting the
C. “Discrimination Against Women“ refers to any gender- equality of men and women and their right to enjoy equal
based distinction, exclusion, or restriction which has the conditions realizing their full human potentials to
effect or purpose of impairing or nullifying the recognition, contribute to and benefit from the results of development,
enjoyment, or exercise by women, irrespective of their and with the State recognizing that all human beings are
marital status, on a basis of equality of men and women, of free and equal in dignity and rights;
human rights and fundamental freedoms in the
political, economic, social, cultural, civil, or any other field. I. “Gender Equity” refers to the policies, instruments,
It includes any act or omission, including by law, policy, programs, services, and actions that address the
administrative measure, or practice, that directly or disadvantaged position of women in society by providing
indirectly excludes or restricts women in the recognition preferential treatment and affirmative action. Such
and promotion of their rights and their access to and temporary special measures aimed at accelerating de facto
enjoyment of opportunities, benefits, or privileges. A equality between men and women shall not be considered
measure or practice of general application is discrimination discriminatory but shall in no way entail as a consequence
against women if it fails to provide for mechanisms to the maintenance of unequal or separate standards. These
offset or address sex or gender-based disadvantages or measures shall be discontinued when the objectives of
limitations of women, as a result of which women are equality of opportunity and treatment have been achieved;
denied or restricted in the recognition and protection of 39
38 their rights and in their access to and enjoyment of J. “Gender Mainstreaming” refers to the strategy for
opportunities, benefits, or privileges; or women, more than making women's as well as men's concerns and experiences
men, are shown to have suffered the greater adverse effects an integral dimension of the design, implementation,
of those measures or practices. Provided, finally, That monitoring, and evaluation of policies and programs in all
discrimination compounded by or intersecting with other social, political, civil, and economic spheres so that women
grounds, status, or condition, such as ethnicity, age, and men benefit equally and inequality is not perpetuated.
poverty, or religion shall be considered discrimination It is the process of assessing the implications for women
against women under the Act; and men of any planned action, including legislation,
policies,
D. “Employee” refers to any person who performs services or programs in all areas and at all levels;
for another and receives compensation therefor, provided,
an employer-employee relationship exists between them; K. “Violence Against Women (VAW)” refers to any act
. of gender-based violence that results in, or is likely to result
E. “Food Security” refers to a condition where all people in physical, sexual, or psychological harm or suffering to
at all times have physical and economic access to women, including threats of such acts, coercion, or
sufficient, safe and nutritious food that meets their dietary arbitrary deprivation of liberty, whether occurring in public
needs and food preferences for an active and healthy life; or in private life. It shall be understood to encompass, but
not limited to, the following: (1) Physical, sexual,
14
psychological, and economic violence occurring in the homogenous societies identified by self-ascription and
family, including ascription by other, who have continuously lived as
battering, sexual abuse of female children in the household, organized community on communally bounded and defined
dowry-related violence, marital rape, and other traditional territory, and who have, under claims of ownership since
practices harmful to women, non-spousal violence, and time immemorial, occupied, possessed customs, tradition,
violence related to exploitation; (2) Physical, sexual, and and other distinctive cultural traits, or who have, through
psychological violence occurring within the general resistance to political, social, and cultural inroads of
community, including rape, sexual abuse, sexual colonization, non-indigenous religions and culture, became
harassment, and intimidation at work, in educational historically differentiated from the majority of Filipinos.
institutions and elsewhere, trafficking in women, and They shall likewise include peoples who are regarded as
prostitution; and (3) Physical, sexual, and psychological indigenous on account of their descent from the populations
violence perpetrated or condoned by the State, wherever it which inhabited the country, at the time of conquest or
occurs. It also includes acts of violence against women as colonization, or at the time of inroads of non-indigenous
defined 41 40 in Republic Acts No. 9208 and 9262. Under religions and cultures, or the establishment of present state
these Rules and Regulations, this term is used boundaries, who retain some or all of their own social,
interchangeably with gender-based violence; economic, cultural, and political institutions, but who may
have been displaced from their traditional domains or who
L. “Gross monthly compensation” refers to the monthly may have resettled outside their ancestral domains as
basic pay plus mandatory allowances fixed by the regional defined under Section 3 (h), Chapter II of Republic Act No.
wage boards; 8371, otherwise known as the "Indigenous Peoples Rights
Act of 1997" (IPRA of 1997);
M. “Gynecological disorders” refers to disorders that
would require surgical procedures such as, but not limited 4. “Migrant Workers” refers to Filipinos who are to be
to, dilatation and curettage and those involving female engaged, are engaged, or have been engaged in a
reproductive organs such as the vagina, cervix, uterus, remunerated activity in a State of which they are not legal
fallopian tubes, ovaries, breast, adnexa and pelvic floor, as residents, whether documented or undocumented;
certified by a competent physician. For purposes of the Act
and these Rules and Regulations, gynecological surgeries 5. “Moro” refers to native peoples who have historically
shall also include hysterectomy, ovariectomy, and inhabited Mindanao, Palawan, and Sulu, and who are
mastectomy; largely
of the Islamic faith;
N. “Marginalization” refers to a condition where a whole
category of people is excluded from useful and meaningful 6. “Persons with Disabilities” refers to those who are
participation in political, economic, social, and cultural life; suffering from restriction or different abilities, as a result of
a mental, physical, or sensory impairment, to perform an
O. “Marginalized” refers to the basic, disadvantaged, or activity in the manner or within the range considered
vulnerable persons or groups who are mostly living in normal for a human being as 43 42 defined in Republic Act
poverty and have little or no access to land and other No. 7277 as amended by Republic Act No. 9442, otherwise
resources, basic social and economic services such as known as the “Magna Carta for Disabled Persons;”
health care, education, water and sanitation, employment
and livelihood opportunities, housing, social security, 7. “Senior Citizens” refers to those sixty (60) years of age
physical infrastructure, and the justice system. These and above. This term shall be used interchangeably with
include, but are not limited to, women in the following elderly women, older women, or women senior citizens;
sectors and groups:
8. “Small Farmers and Rural Workers” refers to those who
1. “Children” refers to those who are below eighteen (18) are engaged directly or indirectly in small farms and forest
years of age or over but are unable to fully take care of areas, workers in commercial farms and plantations,
themselves or protect themselves from abuse, neglect, whether paid or unpaid, regular or season-bound. These
cruelty, exploitation, or discrimination because of a shall include, but are not limited to: (a) small farmers who
physical or mental disability or condition; own or are still amortizing for lands not more than three (3)
hectares, tenants, leaseholders, and stewards; and (b) rural
2. “Fisherfolk” refers to those directly or indirectly engaged workers who are either wage earners, self-employed,
in taking, culturing, or processing fishery or aquatic unpaid family workers directly and personally engaged in
resources. These include, but are not to be limited to, agriculture, small-scale mining, handicrafts, and other
women engaged in fishing in municipal waters, coastal and related farm and off-farm activities;
marine areas, women workers in commercial fishing and
aquaculture, vendors and processors of fish and coastal 9. “Solo Parents” refers to those who fall under the
products, and subsistence producers such as shell-gatherers, category of a solo parent defined under Republic Act No.
managers, and producers of mangrove resources, and other 8972, otherwise known as the "Solo Parents’ Welfare Act
related producers; of 2000;"
3. “Indigenous Peoples” refers to a group of people or 10. “Urban Poor” refers to those residing in urban and
15
urbanizable slum 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 R. “Sexuality” refers to the expression of a person’s
provide for the family's basic needs of food, health, thoughts, feelings, sexual orientation and relationships, as
education, housing, and other essentials in life; well as the biology of the sexual response system of that
person;
11. “Workers in the Formal Economy” refers to those who
are employed by any person acting directly or indirectly in S. “Social Protection” refers to policies and programs that
the interest of an employer in relation to an employee and seek to reduce poverty and vulnerability to risks and
shall include the government and all its branches, enhance the social status and rights of all women,
subdivisions, and instrumentalities, all GOCCs and especially the marginalized by promoting and protecting
institutions, as well as non-profit private institutions or livelihood and employment, protecting against hazards and
organizations; sudden loss of income, and improving people's capacity to
manage risk. Its components are labor market programs,
12. “Workers in the Informal Economy” refers to self- social insurance, social welfare, and social safety nets;
employed, occasionally or personally hired, subcontracted,
paid and unpaid family workers in household incorporated T. “Special leave benefits for women” refers to a female
and unincorporated enterprises, including home workers, employee’s leave entitlement of two (2) months with full
micro-entrepreneurs and producers, and operators of sari- pay from her employer based on her gross monthly
sari stores and all other categories who suffer from compensation following surgery caused by gynecological
violation of workers' rights; and disorders, provided that she has rendered continuous
aggregate employment service of at least six (6) months for
13. “Youth” refers to those persons whose ages range from the last 12 months;
fifteen (15) to thirty (30) years old as defined in Republic
Act No. 8044, otherwise known as the “Youth in Nation- U. “Substantive Equality” refers to the full and equal
Building Act;” enjoyment of rights and freedoms contemplated under the
Act. It encompasses de jure and de facto equality and also
P. “Medical Ethics” refers to a set of biomedical norms that equality in outcomes;
abide by the principles of autonomy or respect for persons,
justice, beneficence and non-maleficence. In order to affirm V. “Temporary Special Measures” refers to a variety of
autonomy, every effort must be made to discuss treatment legislative, executive, administrative, and regulatory
preferences with patients and to document them in the instruments, policies, and practices aimed at accelerating
patients' charts. The principle of beneficence requires this de facto equality of women in specific areas. These
service providers, other things being equal, to do good or measures shall not be considered discriminatory but shall in
what will further the patient's interest. The principle of non- no way entail as a consequence the maintenance of unequal
maleficence requires service providers, other things being or separate standards. They shall be discontinued when
equal, to avoid harm to the patient, or what would be their
against the patient's interests. Justice is the principle that objectives have been achieved;
requires distribution of goods and services, including
medical goods and services, and considers the following W. “Women in the military, police and other similar
criteria: likelihood to benefit the patient, urgency of need, services” refers to women employed in the military, both in
change in quality of life, and duration of benefit. As used in the major and technical services, who are performing
these Rules and Regulations, the term ethical shall relate to combat and/or non-combat functions, providing security to
the foregoing definition; the State, and protecting the people from various forms of
threat. It also includes women trainees in all military
Q. “Minimum Initial Service Package for Reproductive training institutions. Police and similar services include,
Health (MISP)” refers to a set of priority activities to be among others, the Philippine National Police (PNP),
implemented during the onset of emergencies due to Bureau of Fire Protection (BFP), Bureau of Jail
conflict situations or natural disasters, including when Management and Penology (BJMP), National Bureau of
refugee camps are being established. These priority Investigation (NBI), Philippine Drug Enforcement Agency
activities include the following: (a) provision of (PDEA), other agencies with law enforcement functions
reproductive health services, (b) implementation by and private security agencies;
appropriately trained health
service providers, which include a coordinator for X. “Women’s Empowerment” refers to the provision,
reproductive health, (c) development of guidelines and availability, and accessibility of opportunities, services, and
training materials on the implementation of selected observance of human rights through life-cycle and rights-
interventions, and (d) availability of essential drugs, basic based approach which enable women to actively participate
equipment and supplies based on the recommended and contribute to the political, economic, social, and
standards of the Department of Health (DOH). The aim of cultural development of the nation as well as those which
the MISP is to reduce mortality and morbidity associated shall provide them equal access to ownership, management,
with reproductive health issues during crisis situations, and control of production, and of material and
particularly among women; informational resources and benefits in the family,
16
community, and society.
SECTION 12. Protection from Violence – The State shall
RULE III ensure that all women shall be protected from all forms of
DUTIES RELATED TO THE HUMAN RIGHTS OF violence as provided for in existing laws. Agencies of
WOMEN government shall give priority to the defense and protection
of women against gender-based violence and help women
The State, private sector, society in general, and all attain justice and healing. To attain the foregoing, the
individuals shall contribute to the recognition, respect, and following measures shall be pursued:
promotion of the rights of women as defined and
guaranteed under the Act. A. Within the next five (5) years, there shall be an
incremental increase in the recruitment and training of
SECTION 8. The State as the Primary Duty-Bearer – women in the police force, forensics and medico-legal,
The State, as the primary duty-bearer, shall: legal services, and social work services availed of by
women who are victims of gender related offenses until
A. Refrain from discriminating against women and fifty percent (50%) of the personnel thereof shall be
violating women. To implement this measure, concerned government
their rights; agencies are mandated to undertake the following:
B. Protect women against discrimination and from violation
of their rights by private corporations, entities, and 1. The Civil Service Commission (CSC) shall conduct
individuals; and personnel audit of the bureaucracy and, together with
C. Promote and fulfill the rights of women in all spheres, concerned government agencies and offices, recommend to
including their rights to substantive equality and non- the Department of Budget and Management (DBM)
discrimination. appropriate staffing measures and, when necessary and
The State shall fulfill these duties through law, policy, consistent with the goal of providing assistance to victims
regulatory instruments, administrative guidelines, and other of gender-related offenses, the incremental creation of
appropriate measures, including temporary special plantilla positions to ensure that within the next five (5)
measures. years, there
47 46 would be fifty-fifty (50-50) ratio of men and women
Recognizing the interrelation of the human rights of recruited and trained in the police force, forensics and
women, the State shall take measures and establish medico-legal, legal and judicial services, and social work
mechanisms to promote the coherent and integrated services;
implementation and enforcement of this Act and related
laws, policies, or other measures to effectively stop 2. In services predominantly occupied by women, such as
discrimination against and advance the rights of women. social work and health, this section shall not be construed
The State shall keep abreast with and be guided by to
progressive developments in human rights of women under mean that their number will be reduced to satisfy the ratio
international law and design of policies, laws, and other required in this section;
measures to promote the objectives of the Act.
3. Within six (6) months after the adoption of these Rules
SECTION 9. Duties of the State Agencies and and Regulations, the National Police Commission
Instrumentalities – These duties of the State shall extend to (NAPOLCOM), the National Bureau of Investigation
all state agencies, offices, and instrumentalities at all levels, (NBI), and the Department of Justice (DOJ) shall set
and government-owned and -controlled corporations, policies, rules and regulations for the implementation of the
subject to the Constitution and pertinent laws, policies, or incremental increase on recruitment and training of women
administrative guidelines that define specific duties of state in the police force, forensics and medico-legal, legal
agencies and entities concerned. services, and social work services; and
SECTION 10. Suppletory Effect – This chapter shall be 4. Concerned agencies shall integrate in the code of
deemed integrated into and be suppletory to other conduct for employees the services, procedures and
provisions of the Act, particularly those that guarantee protocols in providing assistance to women victims of
specific rights to women and define specific roles and gender-related offenses.
require specific conduct of State organs.
B. Women shall have the right to protection and security
RULE IV in situations of emergency, armed conflict, and
RIGHTS AND EMPOWERMENT militarization. They shall be protected from all forms of
gender-based violence, particularly 49 48 rape and other
SECTION 11. Human Rights of Women – All rights in the forms of sexual abuse, and all forms of violence in
Constitution and those rights recognized under international situations of armed conflict. The State shall observe
instruments duly signed and ratified by the Philippines, in international standards for the protection of civilian
consonance with Philippine law, shall be rights of women population in circumstances of emergency, armed conflict,
under these Rules and Regulations to be enjoyed without and militarization. It shall not force women, especially
discrimination. indigenous and Moro peoples to abandon their lands,
17
territories, and means of subsistence, or relocate them in Commission on Higher Education (CHED), DepEd and
special centers for military purposes under any CSC shall design the prescribed module for human rights,
discriminatory condition. In situations of emergency, armed gender sensitivity and gender-responsive training. The
conflict and militarization, the following shall be observed: training programs and modules developed shall be
periodically reviewed to ensure effectiveness.
1. In no case shall women be forcibly recruited nor be
required to take part in armed hostilities in situations of D. All barangays shall establish a Violence Against
armed conflict; Women
(VAW) Desk. The punong barangay shall designate a
2. Special efforts shall be made to ensure the full VAW desk person trained in gender-sensitive handling of
participation of women in the planning and management of cases, preferably a woman barangay kagawad or woman
relief operations. The Office of the Presidential Adviser on barangay tanod. Continuity of VAW programs and services
the Peace Process (OPAPP), Department of National shall be ensured at all times. All provincial governors, and
Defense-Armed Forces of the Philippines (DND-AFP), city and municipal mayors shall ensure the establishment of
Department of Social Welfare and Development (DSWD), a VAW Desk in every barangay within their jurisdiction
Department of the Interior and Local Government (DILG), and provide technical and financial assistance.
Department of Education (DepEd), Department of Health
(DOH), National Commission on Indigenous Peoples 1. The VAW Desk shall, among others, perform the
(NCIP), National Commission on Muslim Filipinos following tasks:
(NCMF), local government units (LGUs) and other a. Assist victims of VAW in securing Barangay Protection
concerned government units, shall, in their humanitarian Orders (BPO) and access necessary services;
actions, observe and implement international standards b. Develop the barangay’s gender-responsive plan in
such as the Minimum Initial Service Package (MISP) for addressing gender-based violence, including support
Reproductive Health; services, capacity building and referral system;
c. Respond to gender-based violence cases brought to the
3. In the provision of relief supplies, due consideration barangay;
shall be given to the specific requirements of pregnant d. Record the number of gender-based violence handled
women, lactating mothers, sick people, senior citizens, by the barangay and submit a quarterly report on all cases
persons with disabilities, and children; of VAW to the DILG and the City/Municipal Social
Welfare Development Office (C/MSWDO);
4. Pregnant and lactating women, women and mothers with e. Coordinate with and refer cases to government agencies,
dependent children, women with disabilities who are non-government organizations (NGOs), institutions, and
arrested, detained or interned for reasons related to armed other service providers as necessary;
conflict shall have their cases considered with utmost f. Address other forms of abuse committed against women,
priority and humanitarian consideration; especially senior citizens, women with disabilities, and
other
5. In no case shall civilian casualties be classified as marginalized groups; and
collateral damage; g. Lead advocacies on the elimination of VAW in the
6. The LGUs and DSWD shall provide psychosocial community.
interventions to combatants and non-combatants, especially
children who suffered from armed conflict. LGUs may also The barangays may seek assistance from the PNP, civil
coordinate with private individuals and organizations that society organizations (CSOs), NGOs, and other LGUs in
have the expertise and capacity to assist those affected; the performance of these tasks.
7. The OPAPP, Philippine Commission on Women (PCW), 2. The PCW in coordination with DILG, DSWD, DOH,
DND-AFP, Commission on Human Rights (CHR), and and DepEd shall take the lead role in the formulation of the
other concerned agencies shall formulate plans and standards and guidelines in the establishment of the VAW
guidelines to ensure the implementation of United Nations desk, the design of the prescribed module for capability
Security Council (UNSC) Resolutions on women, peace building, and the development of monitoring and
and security; and evaluation tools.
8. LGUs shall provide temporary shelter to displaced 3. The DILG, C/MSWDO, City/Municipal Health Offices
women and children in situations of armed conflict. (C/MHO), PNP, and representative/s from LGU-accredited
women civil society organizations shall monitor the
C. All government personnel, including appointing establishment and evaluate the functionality of the VAW
authorities, local chief executives (LCEs) of LGUs and desk.
those in executive managerial positions involved in the
protection and defense of women against gender-based SECTION 13. Women Affected by Disasters, Calamities,
violence, shall regularly undergo the mandatory training on and Other Crisis Situations – Women have the right to
gender and human rights, particularly on the cycle and protection and security in times of disasters, calamities and
continuum of violence, counseling and trauma healing. other crisis situations especially in all phases of relief,
PCW in coordination with the CHR, DSWD, DILG, recovery, rehabilitation, and reconstruction efforts. The
18
State shall provide for immediate humanitarian assistance, spheres of society particularly in the decision-making and
allocation of resources, and early resettlements,if policy-making processes in government and private entities
necessary. It shall also address the particular needs of to fully realize their role as agents and beneficiaries of
women from a gender perspective to ensure their full development. The State shall institute the following
protection from sexual exploitation and other gender-based affirmative action mechanisms so that women can
violence committed against them. Responses to disaster participate meaningfully in the formulation,
situations shall include the provision of services, such as implementation and evaluation of policies, plans and
psychosocial support, livelihood support, education, and programs for national, regional and local development:
comprehensive health services, including protection during
pregnancy. A. All agencies shall take proactive steps to capacitate
women employees to strengthen their qualifications and
A. The national, regional and local disaster coordinating performance to compete for third-level positions. Given
councils shall ensure the participation of women in the equal qualifications between men and women, appointing
development of a gender–responsive disaster management, authorities shall appoint women in third level positions.
including preparedness, mitigation, risk reduction and
adaptation. Further:
B. In disasters, calamities and other crises, LGUs and 1. The CSC and the Career Executive Service Board
agencies concerned in all phases of relief, recovery, (CESB) shall establish and maintain a roster of women
rehabilitation and reconstruction efforts shall develop and eligible for managerial executive positions in government,
implement a gender-responsive and rights-based work and indicating the positions they presently occupy whether in
financial plan that include: the private or public sector. The CSC and CESB, taking
into consideration appropriate training, experience and
1. Active participation of established inter-agency and education required or desirable for the position, shall
multi-sectoral humanitarian cluster mechanisms that will furnish these data to the appointing and recommending
help ensure a more coordinated and gender-sensitive authorities, including the Office of the President (OP); and
response in all stages of the emergency;
2. All NGAs, and whenever applicable the LGUs, shall
2. Improved collection and use of age and sex- submit to the CESB, every end of the semester, the list of
disaggregated women who were appointed to third-level positions. The
data and reproductive health indicators in rapid and CESB shall consolidate the list and track the qualification
comprehensive assessments for strategic gender analysis of women to third-level positions and submit to the PCW
and programming of humanitarian response; for inclusion in the report to the Congress on the
implementation of the Magna Carta of Women;
3. Timely, adequate and culturally-appropriate 53 52
provision of relief goods and services such as food, water, B. To ensure increased participation of women in all levels
sanitary packs, psychosocial support, livelihood, education of development planning and program implementation, at
and comprehensive health services including least forty percent (40%) of membership of all development
implementation of the MISP for sexual and reproductive councils from the regional, provincial, city, municipal, and
health at the early stage of the crisis; barangay levels shall be composed of women.
19
national and local bodies shall be ensured by concerned guardianship over the property of unemancipated common
appointing authorities; child; (e) Article 55, No.1: on the requirement for repeated
physical abuse and grossly abusive conduct as a ground for
D. All concerned agencies, especially the Department of legal separation;
Foreign Affairs (DFA), Department of Labor and 2. Revised Penal Code – (a) Articles 333 and 334: on
Employmnet (DOLE), Department of Trade and Industry adultery and concubinage; (b) Article 202: on the definition
(DTI), and DSWD shall ensure that women are given equal of vagrants and prostitution; (c) Article 351: on premature
opportunities to be representatives in different international marriages; and (d) Article 247: on death inflicted under
bodies and positions. For this purpose, policies on exceptional circumstances;
recruitment and selection, qualifying examinations,
assignment of posts and missions shall be reviewed and 3. Labor Code Article 130, on night work prohibition;
amended accordingly. All government missions geared for
bilateral and multilateral negotiations shall consider gender 4. Rules of Court Rule 131 Section 3 (jj), on disputable
concerns in their negotiating positions; presumptions;
E. Upon the adoption of these Rules and Regulations, the 5. Code of Muslim Personal Laws; and
Commission on Elections (COMELEC) shall incorporate in
its guidelines for accreditation of political parties, including 6. RA 8353, on removal of criminal liability of rapist
party-list organizations, specific provisions that promote when victim marries him.
integration of women in the leadership hierarchy, internal
policy-making structures, and appointive and electoral C. Local government units with the participation of
nominating process of said parties. Incentives under this women’s groups shall also review existing ordinances and
Section shall be determined by the incentives and awards policies and repeal or amend them accordingly.
board as provided for in Section 42 of the Act;
D. Nothing in this section shall preclude the
F. Political parties are urged to create programs where their recommendation for the passage of new laws.
members can advocate on matters of policy and women
members can participate meaningfully within the party; and SECTION 16. Equal Access and Elimination of
Discrimination in Education, Scholarships, and Training –
G. Concerned agencies shall take measures to encourage The State shall ensure that gender stereotypes and images
women leadership in the private sector in the form of in existing 57 56 educational materials and curricula are
incentives as determined by the incentives and awards adequately and appropriately revised. Gender-sensitive
board under Section 42 of the Act. language shall be used at all times. Capacity building on
gender and development (GAD), peace and human rights
SECTION 15. Equal Treatment Before the Law – The State education for teachers, and all those involved in the
shall take steps to review and, when necessary, amend education sector shall be pursued toward this end.
and/or repeal existing laws that are discriminatory to Partnerships between and among players of the education
women within three (3) years from the effectivity of the sector, including the private sector, churches, and faith
Act. groups shall be encouraged.
A. The PCW shall initiate, in coordination with concerned A. Within three (3) years from the adoption of these Rules
agencies and women’s groups, the review of existing laws and Regulations, the DepEd, CHED and the Technical
and policies and recommend to Congress and other Education and Skills Development Authority (TESDA)
appropriate bodies the repeal or amendment of shall:
discriminatory laws.
1. Develop and promote gender-sensitive curriculum:
B. The executive–legislative body shall prioritize bills that a. In coordination with PCW, set minimum standards
will amend or repeal discriminatory provisions of existing on gender sensitivity that will be integrated in the
laws, interalia: subjects/courses/ training curricular, co-curricular and
extra-curricular for students and trainees;
1. Family Code of the Philippines – (a) Article 14: on the b. Integrate the principles of gender equality in curricular
provision on giving preference to the father’s consent to the offerings and pedagogical systems and strategies;
marriage of children between the ages of 18 and 21; (b) c. Ensure that public and private sector professional school
Articles 96 and 124: on the provision on giving preference counseling and career education programs are gende
to the husband’s decision, in case of disagreement with the rresponsive;
wife, on the administration and enjoyment of community d. Adopt comprehensive gender-fair language policy;
and conjugal properties; (c) Article 211: on the provision of and
giving preference to the husband’s decision, in case of e. Enjoin all private and public accrediting institutions/
disagreement with the wife, over the persons of their organizations to include gender-fair curriculum in their
common children; (d) Article 225: on the provision on accreditation criteria.
giving preference to the husband’s decision, in case of
disagreement with the wife, on the exercise of legal 2. Develop gender-fair instructional materials:
20
a. Review, revise and update programs, syllabi, textbooks re-assigned or transferred. They shall have access to work
and other instructional materials to ensure that gender already held with no diminution in rank, pay or status and
biases and discrimination are eliminated; shall be entitled to all benefits accorded by law and by the
b. Develop gender-responsive instruments for the concerned learning institutions;
evaluation
of instructional materials and curricula, including criteria 2. No female student shall be expelled, dismissed,
about gender concepts, values, and gender-fair language; suspended, refused or denied of admission, or forced to
and take a leave of absence in any educational institution solely
c. Ensure that evaluators and personnel in-charge of on grounds of pregnancy outside marriage during her
instructional materials and curricula are knowledgeable on school term. When needed, students who are pregnant shall
gender sensitivity, peace, human rights education, and use be accorded with a special leave of absence from school
of gender-sensitive language. upon advice of the attending physician, and be given an
opportunity to make up for missed classes and
3. Ensure that educational institutions implement a capacity examinations. The same leave benefits shall likewise be
building program on gender, peace and human rights accorded to pregnant faculty members, and school
education for their officials, faculty and non-teaching staff personnel and staff;
and personnel;
3. Pregnant students shall be assisted through available
4. Promote partnerships between and among players of the support services while in school, such as but not limited to
education sector, including the private sector, churches, and counseling to ensure completion of their studies;
faith groups in the pursuit of the objectives of this section;
4. Programs and policies to prevent VAW shall be
5. Encourage advertising industry and other similar developed, including institutional mechanisms for
institutions to provide free use of space and installation of complaints in cases of rape, sexual harassment, and other
displays for schools, colleges and universities for forms of violence and discrimination against women, and
campaigns to end discrimination and violence against provide assistance to students, faculty, or personnel who
women; and have been victims of VAW; and
6. Guarantee that educational institutions provide 5. Coordination with PNP, DOJ, CHR, DSWD, and the
scholarship programs for marginalized women and girls. LGU so that appropriate assistance are given to female
Conditions such as age, pregnancy, motherhood, faculty and
disabilities, or lack of consent of husband shall not be students who are victims of rape, sexual harassment and
grounds for disqualification in the grant of scholarships. other forms of violence against women and discrimination.
B. Enrollment of women in non-traditional skills training SECTION 17. Women in Sports – The State shall develop,
in vocational and tertiary levels shall be encouraged. establish, and strengthen programs for the participation of
women and girl-children in competitive and non-
Further: competitive sports as means to achieve excellence, promote
1. The DepEd, TESDA, and CHED shall develop programs physical and social well-being, eliminate gender-role
aimed at increasing the enrollment of women in stereotyping, and provide equal access to the full benefits
nontraditional skills training in vocational and tertiary of development for all persons regardless of sex, gender,
levels, and mechanisms for assessment and monitoring of and other similar factors. For this purpose:
compliance such as sex-disaggregated list of students,
tracers of graduates and the like; and A. All sports-related organizations accredited by the
Philippine Sports Commission (PSC) shall create
2. Policies shall be developed to ensure that all teachers guidelines that will establish and integrate affirmative
and trainers, regardless of sex, ethnicity, political, social, action as a strategy and gender equality as a framework in
economic and religious status and affiliations have equal planning and implementing their policies, budgets,
access to scholarships. programs, and activities relating to the participation of
women and girls in sports.
C. Expulsion and non-readmission of women faculty due
to pregnancy outside of marriage shall be outlawed. No B. No sports event or tournament will offer or award a
school shall 59 58 turn out or refuse admission to a female different sports prize, with respect to its amount or value, to
student solely on account of her being pregnant outside of women and men winners in the same sports category:
marriage during her term in school. The DepEd, CHED and Provided, That the said tournament, contest, race, match,
TESDA shall monitor and ensure compliance of event, or game is open to both sexes: Provided, further,
educational institutions to the following: That the sports event or tournament is divided into male or
female divisions.
1. Women faculty who become pregnant outside of
marriage C. All sports-related organizations shall also ensure the
shall not be discriminated by reason thereof. They shall not safety and well-being of all women and girls participating
be dismissed, separated from work, forced to go on leave, in sports, especially, but not limited to, trainees, reserve
21
members, members, coaches, and mentors of national women from availing of both combat and non-combat
sports teams, whether in studying, training, or performance training that are open to men, or from taking on functions
phases, by providing them comprehensive health and other than administrative tasks, such as engaging in
medical insurance coverage, as well as integrated medical, combat, security-related, or field operations. Women in the
nutritional, and healthcare services. military shall be accorded the same promotional privileges
and opportunities as men, including pay increases,
D. Schools, colleges, universities, or any other learning additional remunerations and benefits, and awards based on
institution shall take into account its total women student their competency and quality of performance. They shall
population in granting athletic scholarship. There shall be a not be subjected to harassment and violence, including
pro rata representation of women in the athletic scholarship verbal and sexual abuses in all stages of their recruitment,
program based on the percentage of women in the whole training and service. Towards this end, the State shall
student population. ensure that the personal dignity of women shall always be
respected. Women in the military, police, and other similar
E. The PSC and Games and Amusement Board (GAB) services shall be provided with the same right to
shall provide financial and other incentives to local employment as men on equal conditions. Equally, they
government units, media organizations, and the private shall be accorded the same capacity as men to act in and
sector for promoting, training, 61 60 and preparing women enter into contracts, including marriage. Further, women in
and girls for participation in competitive and non- the military, police, and other similar services shall be
competitive sports, especially in local and international entitled to leave benefits such as maternity leave, as
events, including, but not limited to, the Palarong provided for by existing laws.
Pambansa, Southeast Asian Games, Asian Games, and the
Olympics. For this purpose:
F. PSC and GAB in coordination with the DepEd, CHED, A. The DND, DILG, DOJ and LGUs shall:
SUCs, LGUs, and other sports-related organizations shall 1. Grant the same privileges and opportunities to men and
endeavor to: women, including pay increases, additional remunerations
and benefits and awards;
1. Train more female coaches for girls and women’s teams; 63 62
2. Conduct activities such as sports clinics and seminars for 2. Give equal consideration to men and women in the area
potential female leaders, coaches, teachers at least once a or field of assignment such as, but not limited to,
year; operational
3. Provide equal incentives and awards for both men and functions, administrative functions and international
women for any competition; peacekeeping duties where women can exercise and
4. Provide equal opportunities for scholarships and travel develop their full potentials;
grants for women leaders, coaches and athletes with 3. Pursue appropriate measures to eliminate discrimination
adequate support mechanism; of women, including revision or abolition of policies and
5. Provide sufficient funds to support girls and women in practices that restrict women from availing both combat
sports; and noncombatant trainings that are open to men, or from
6. Form more girls’ and women's teams in athletic leagues taking on functions other than administrative tasks;
like the Palarong Pambansa, University Athletic 4. Assure non-discrimination in appointments to any key
Association position as well as designations to boards, tribunals,
of the Philippines, National Collegiate Athletic committees, or any decision-making body. Women shall be
Association, Private Schools Athletic Association, and represented in every committee or board where gender
University Games; issues and concerns are articulated;
7. Collect sex-disaggregated data in sports participation; 5. Ensure that the physical fitness tests administered on
8. Promote partnerships with community-based sports women uniformed personnel in the military, police and
organizations; and similar services, as requirements for entry, promotion or
9. Increase the participation of the elderly women, women schooling shall be based on standards, set by the respective
with disabilities and indigenous women through the agencies taking into consideration women’s physical and
promotion and development of programs for them in biological built. These shall be different from those
coordination with other sport organizations. required of their male counterparts. Moreover, physical
fitness tests for women uniformed personnel in the military,
G. All government agencies and LGUs are enjoined to police and similar services shall be conducted by female
increase women’s participation by forming women’s and doctors, practitioners or tactical officers;
girls’ teams in various sporting events that they organize or 6. Accord women and men the same capacity to act in and
sponsor. enter into contracts, including marriage:
a. Allow women to contract marriage upon entry in military
SECTION 18. Women in the Military, Police and Other service or similar services, except for such positions where
Similar Services – The State shall pursue appropriate a marriage ban for a specific period of time is required for
measures to eliminate discrimination of women in the both men and women; and
military, police, and other similar services, including b. Provide the benefits under existing laws such as, but not
revising or abolishing policies and practices that restrict limited, to maternity leaves, solo parent privileges and
22
leaves due to gynecological disorders; endeavor to raise the consciousness of the general
7. Open all military and similar services, occupations, public in recognizing the dignity of women and the role and
registrations, special enlistments, and trainings to women; contribution of women in the family, community, and
8. Promote the rights of women enlisted personnel in the society through the strategic use of mass media. For this
military, police and similar services. Qualified enlisted purpose, the State shall ensure allocation of space, airtime,
women personnel shall not be denied of promotion to the and resources, strengthen programming, production, and
highest noncommissioned officer position in the military, image-making that appropriately present women's needs,
police and similar services solely on the basis of sex and issues, and concerns in all forms of media, communication,
sexual orientation; information dissemination, and advertising.
9. Ensure the rights of women in the military, police and
similar services to decent facilities and personal protective The State, in cooperation with all schools of journalism,
equipment: information, and communication, as well as the national
a. Provide decent billet facilities and quartering, separate media federations and associations, shall require all media
from the men, in the military police and similar services, organizations and corporations to integrate into their human
regardless of the location or type of assignment; b. resource development components regular training on
Establish a child-care facility, child-minding room or gender equality and gender-based discrimination; create
breastfeeding room for women in the military, police and and use gender equality guidelines in all aspects of
similar services as well as for women civilian employees; management,
and training, production, information, dissemination,
c. Provide women in the military, police and similar communication, and programming; convene a gender
services with well-fitting personal protective equipment equality committee that will promote gender mainstreaming
and other operational equipment that shall ensure their as a framework and affirmative action as a strategy; and
safety while in the performance of their duties; monitor and evaluate the implementation of gender equality
10. Create mechanisms to implement the Act and these guidelines.
Rules and Regulations in the military, police and similar
services. Establish or strengthen the Women’s Desks, and A. The dignity of women and their roles and contributions
Committee on Decorum and Investigation pursuant to the in all spheres of private and public life shall be promoted.
Anti-Sexual Harassment Act of 1995 (Republic Act No. The portrayal of women in a discriminatory, demeaning
7877) or in all military units and training institutions that and/or derogatory manner in advertisements, shows and
shall take charge of cases affecting women in the military, programs is not allowed. It shall not induce, encourage
police and similar services as well as women civilian and/or condone violence against women in any form and/or
employees; and the violation of their human rights. The PCW, in
11. Revise policies on uniforms to allow women in the coordination with concerned agencies and media
military, police, and similar services to wear pants and organizations, shall formulate media guidelines to protect
appropriately low-heeled shoes in the conduct of women against discrimination in media and film.
operational duties and performance of administrative
functions. B. The Office of the Press Secretary (OPS) and its attached
agencies shall ensure the formulation of policies and
B. Increase the quota to twenty percent (20%) for female implementation of programs pursuant to the Act and these
admission into all officer-candidate and non-officer schools Rules and Regulations.
65 64 and institutions in the military, police and similar
services, including but not limited to the Philippine It shall also:
Military Academy (PMA), Officer Candidate School 1. Provide over-all direction, guidance and monitoring as
(OCS), Philippine National Police Academy (PNPA), lead agency of government mass media in the
Philippine Public Safety College (PPSC). implementation of the Act and these Rules and
Regulations;
C. Concerned agencies shall support women in the military 2. Formulate and implement a national communication plan
in training and peacekeeping operations: and advocacy activities on the Act and these Rules and
1. Women shall be provided with trainings necessary for Regulations and relevant gender issues/concerns; and
deployment in peacekeeping forces in compliance to UNSC 3. Create a gender equality committee composed of
Resolutions on women, peace and security; and representatives from the OPS, PCW, various self-regulatory
2. Female officers and enlisted personnel who are qualified bodies and the National Telecommunications Commission
to perform peacekeeping operations, subject to the (NTC), Movie and Television Review and Classification
requirements imposed by the requesting entity or country, Board (MTRCB), Film Academy of the Philippines (FAP),
shall not be denied admission and entitlement to Film Development Council of the Philippines (FDCP),
remunerations and benefits appurtenant thereto. Optical Media Board (OMB), National Commission for
Culture and the Arts (NCCA), representatives of women’s
SECTION 19. Non-discriminatory and Non-derogatory media NGOs to promote gender mainstreaming, formulate
Portrayal of Women in Media and Film – The State shall the gender equality guidelines and Code of Ethics for
formulate policies and programs for the advancement of media, and monitor and evaluate the implementation
women in collaboration with government and non- thereof. 67 66
government media-related organizations. It shall likewise
23
C. The NTC, MTRCB, FAP, FDCP, OMB, NCCA shall post-natal services to address pregnancy and infant health
ensure that the media and film industries comply with the and nutrition;
Act and these Rules and Regulations, including: 2. Promotion of breastfeeding and proper nutrition for
lactating mothers;
1. Formulation of policies and programs to raise 3. Responsible, ethical, legal, safe, and effective methods
consciousness of the general public in recognizing the of family planning;
dignity of women and the role and contribution of women 4. Family and State collaboration in youth sexuality
in all spheres of private and public life; education and health services without prejudice to the
2. Allocation of space, airtime and resources for the airing primary right and duty of parents to educate their children;
of advertisements that promote women’s human rights; 5. Prevention and management of reproductive tract
3. Enhancement of programming, production and image- infections, including Sexually Transmitted Infections
making that present women’s needs, issues and concerns; (STIs), Human Immunodeficiency Virus (HIV) and
4. Ensuring that, in cooperation with all schools of Acquired Immunodeficiency Syndrome (AIDS);
journalism, information and communication, and national 6. Prevention and management of reproductive tract
media federations and associations, regular trainings on cancers such as breast and cervical cancers, and other
gender equality and gender-based discrimination are gynecological
integrated in the human resource development components conditions and disorders;
of media organizations and corporations. 69 68
7. Prevention of abortion and management of pregnancy-
D. Self-regulatory bodies, groups, and associations for related complications;
media, television, cable, film, and advertising shall also 8. In cases of violence against women and children, women
ensure compliance with the Act and these Rules and and children victims and survivors shall be provided with
Regulations. comprehensive health services that include psychosocial,
therapeutic, medical, and legal interventions and assistance
E. Creation of Local Media Board (LMB) in all LGUs to towards healing, recovery, and empowerment;
monitor the implementation of these Rules and Regulations 9. Prevention and management of infertility and sexual
shall also be encouraged. dysfunction pursuant to ethical norms and medical
standards;
SECTION 20. Women's Right to Health – The State shall, 10. Care of elderly women; and
at all times, provide for comprehensive, culture-sensitive, 11. Management, treatment, and intervention of mental
and health problems of women and girls.
gender-responsive health services and programs covering
all stages of a woman's life cycle and which address the B. Role of Agencies – To implement the provisions on
major causes of women's mortality and morbidity: comprehensive health services, government agencies shall
Provided, that in the provision for comprehensive health perform the following roles and functions:
services, due respect shall be accorded to women's religious
convictions, the rights of the spouses to found a family in 1. The DOH shall:
accordance with their religious convictions, the demands of a. Review and revise existing health programs, develop
responsible parenthood, and the right of women to plans, policies, standards and guidelines in the
protection from hazardous drugs, devices, interventions, implementation of said programs for women and girls that
and substances. are gender-responsive, rights-based and culture-sensitive;
b. Formulate standards and develop information, education,
In order to eliminate discrimination against women, the communication and advocacy strategies for the
State shall develop and implement a comprehensive implementation of health programs for girls, female
national strategy consisting of health programs, services adolescents, women and older women;
and information for promoting women’s right to health c. Provide support in the development of innovative
throughout their lifespan. The strategy shall have as a major projects, strategies, and approaches for girls, female
goal the reduction of women’s health risks, particularly adolescents, women and older women;;
those resulting from complications of pregnancy and d. Establish network and coordination mechanisms with
childbirth as well as gender-based violence. It shall remove other stakeholders particularly NGOs, private and
all barriers interfering with women’s access to health commercial sectors;
services and information and protect women from the e. Generate the necessary media participation and social
impact of cultural practices and norms that deny them of marketing in support of women’s health programs;
their full rights to health. It shall include interventions f. Provide technical assistance on the implementation of
aimed at the prevention and treatment of diseases affecting programs for women and girls to the sub-national offices,
women, as well as policies to provide and enable access to LGUs, development partners and other stakeholders;
a full range of high quality and affordable health care g. Develop and institutionalize a sex-disaggregated
services. report/databank on health-related concerns;
h. Monitor and evaluate health and nutrition programs for
A. Comprehensive Health Services - Access to the girls, female adolescents, women and older women; and
following programs and services shall be ensured: i. Coordinate with concerned agencies to review laws,
1. Maternal care to include pre-natal services, delivery and programs, and services for the protection of women to
24
reduce maternal mortality. needs of girls, female adolescents, women and women
senior citizens;
2. The DepEd shall, in coordination with DOH, provide
functional girl-child and adolescent health services in every f. Develop/design an award system to encourage excellent
school. performance in the promotion and implementation of
women’s health programs;
3. The Philippine Health Insurance Corporation
(PhilHealth) shall include maternal care and women’s g. Organize communities with the private sector to
health services in its benefit packages. implement health programs for women and girls; and
4. In appropriate cases, the DOLE shall require workplaces h. Continue dialogues to clarify implementation of laws in
to provide facilities such as breastfeeding areas, toilets and relation to pregnancy that endangers the life of the mother.
dressing room and seats appropriate for women and permit
them to use such seats even when they are working, 7. NGOs are encouraged to:
provided they can perform their duties without a. Strengthen advocacy for the promotion of the right to
compromising their efficiency. health of women;
b. Conduct appropriate research that can inform health
5. All government agencies with health-related programs policies and programs;
and services, including nutrition, mental health, and care c. Participate in the formulation of health policies and
for the elderly shall review and revise existing programs programs which are culture- and gender-sensitive, gender-
and develop plans, policies, standards and guidelines in the responsive,
implementation of said programs for women that are accessible, and affordable by national government
gender-responsive, rights-based and culture-sensitive, to agencies;
ensure women’s access to the programs and services d. Assist local government units in the implementation of
identified in Section 15.A of these Rules and Regulations. health programs;
71 70 e. Prepare culture- and gender-sensitive training modules
and conduct corresponding trainings for LGU officials and
6. The LGUs shall: health personnel; and
f. Assist in the dissemination of the Act and these Rules
a. Promulgate and implement gender-responsive, rights- and Regulations.
based and culture sensitive local ordinances and policies 73 72
that promote the comprehensive health of girls,
adolescents, women and elderly women, such as a GAD C. Comprehensive Health Information and Education
Code and/or Reproductive Health Code; 1. Interpersonal communication is crucial to ensuring the
success of community-based programs and projects and
b. Formulate a health human resource development plan should therefore be utilized to the extent possible.
that will ensure the following:
i. Sufficient number of skilled health professionals to attend 2. Health education shall be provided to women clients.
to all deliveries; and Appropriate educational materials and media shall be used
ii. Availability of qualified and capable health service to reinforce the health messages during the conduct of these
providers, to include coordination with the academe, a activities.
human resource deployment program to meet LGU needs;
3. Health education programs shall include:
c. Develop health programs that: a. Age appropriate adolescent health and sexuality
i. Encourage constituents to access and demand services for education taught by trained educators in both public and
women and girls; private schools. The lessons shall emphasize responsibility
ii. Involve women and girls in planning health programs and respect for others as overarching principles in sexual
and in decision-making; behavior, without prejudice to the primary right of parents
iii. Allocate budget or resources for implementing to educate their children;
programs for women and girls in the local level; b. Sexuality education for parents for them to be co-
iv. Monitor progress of programs for women and girls operators in adolescent health education and to enhance
through implementation review and research; and communication with their children;
v. Enhance parent effectiveness services and programs to c. Programs for the elderly in every barangay to promote
include continuing education on gender-based violence and maintain their well-being and social functioning;
such as domestic violence, rape, incest, prostitution, d. Trainings for health service providers/educators towards
trafficking and other forms of violence against women and gender-responsiveness, culture-sensitivity, non-
girls in every barangay; discrimination and non-judgmental behaviors and attitudes;
and
d. coordinate with DOH in the organization of inter-local e. Teen centers that will provide health and sexuality
health zones for the purpose of ensuring the provision of education and counseling.
health services for neighboring communities; 4. To promote health education, concerned agencies shall
e. Strengthen the local health board to respond to the health perform the following:
25
(POPCOM) shall set standards and develop gender-fair
a. The DepEd shall: modules on marriage, family relations, parent effectiveness,
i. Formulate standards and develop information, education, shared parenting and household responsibilities, and non-
communication, and advocacy strategies for the integration sexist child rearing.
of health and nutrition concepts for women and girls in all
levels/categories of schools; and B. The LGUs shall:
ii. Provide support in the development of innovative 1. Provide trainings and seminars on the popularization of
project, strategies and approaches for women and girls in rights and obligations of spouses towards each other,
learning institutions; management of household and parental authority to impede
the stereotyping of roles, multiple burden, marginalization
b. The CHED shall: and subordination of women;
i. Ensure that state colleges, universities, and private 2. Through the local health office, local social welfare and
institutions will integrate in their curriculum and in development office, or population office, ensure gender-
CHED’s sensitive conduct of pre-marriage counseling program to
accreditation system, health education that is gender- promote family planning, responsible parenthood, equal
responsive, rights-based and culture-sensitive; relations and shared responsibility between spouses in
ii. Encourage state colleges, universities and private parenting and household management;
institutions to conduct capacity building sessions, such as 3. Advocate that spouses have the moral obligation and
gender-sensitivity and health and sexuality education for responsibility in assuring the rights and well-being of their
school personnel (faculty and non-teaching staff) and children, regardless of sex;
students to promote women’s health; 4. Ensure that couples and individuals shall be given the
iii. Expand health services and guidance counseling on full range of information and services for them to exercise
youth sexuality in state colleges, universities, and private rights to decide over the number and spacing of children;
institutions; and and
iv. Promote and provide funds for and disseminate research 5. Include in the trainings and seminars in barangays the
on gender issues and concerns. education and popularization of the Act and the Family
5. Government agencies with health-related programs and Code, especially on the obligations and responsibilities of
services, including nutrition, mental health and care for the spouses to eliminate gender bias.
elderly are mandated to provide the necessary education
and information relevant to their functions. C. The Supreme Court (SC), DOJ, Integrated Bar of the
Philippines (IBP) and lawyers associations shall ensure that
SECTION 21. Special Leave Benefits for Women gender equality and women’s empowerment agenda are
A. Any female employee in the public and private sector mainstreamed and integrated in the regular Mandatory
regardless of age and civil status shall be entitled to a Continuing Legal Education (MCLE) courses conducted
special leave of two (2) months with full pay based on her for legal practitioners in the Philippines.
gross monthly compensation subject to existing laws, rules
and regulations due to surgery caused by gynecological RULE V
disorders under such terms and conditions: RIGHTS AND EMPOWERMENT OF
75 74 MARGINALIZED SECTORS
1. She has rendered at least six (6) months continuous
aggregate employment service for the last twelve (12) SECTION 23. Food Security and Productive Resources
months prior to surgery; – The State recognizes the contribution of women to food
2. In the event that an extended leave is necessary, the production and shall ensure its sustainability and
female employee may use her earned leave credits; and sufficiency, including in the context of climate change,
3. This special leave shall be non-cumulative and non- with the active participation of women. Towards this end,
convertible to cash. the State shall guarantee, at all times, the availability in the
market of safe and health-giving food to satisfy the dietary
B. The CSC, in the case of the public sector including needs of the population, giving particular attention to the
LGUs and other State agencies, and the DOLE, in the case specific needs of poor girl-children and marginalized
of the women, especially pregnant and lactating mothers and their
private sector, shall issue further guidelines and appropriate young children.
memorandum circulars within sixty (60) days from the 77 76
adoption of these Rules and Regulations to operationalize The Department of Agriculture (DA), in coordination with
said policy, and monitor its implementation and act on any other concerned departments, LGUs, and stakeholders
violations thereof. shall: (a) undertake programs and projects on food security
that are gender- responsive; (b) recognize women as
SECTION 22. Equal Rights in All Matters Relating to farmers and fisherfolk and give them equal opportunities to
Marriage and Family Relations participate in programs and projects; (c) ensure the active
To implement this section, concerned agencies or entities and direct participation of rural women’s groups, other than
shall perform the following: Rural Improvement Clubs, in policy and program
formulation, planning and designing, implementation,
A. The DSWD, DOH, and the Commission on Population monitoring and evaluation of DA programs at the local
26
levels including, but not limited to, the rice master plan; (d) names;
ensure that girl-children and women benefit from all DA
programs; (e) ensure food safety by strengthening food b. DAR shall screen bonafide agrarian reform beneficiaries
management, control and regulatory systems, including (ARBs). As such, either spouse or party in a relationship
provision of necessary facilities; and (f) promote who individually possess qualifications shall have the right
community-based seed banking initiated and operated by to identification, screening and selection of ARBs;
women and barangay level sustainable resource
management. c. In no case shall a woman be excluded either in the titling
of the land or issuance of stewardship contracts and patents
LGUs shall formulate and implement a community-based 79 78 on the account of sex, being married, or being in a
food security plan that shall respect religious and cultural union without marriage to an agrarian reform beneficiary;
practices. The plan shall be integrated into the development
plans of the LGUs to ensure that it is funded and d. The Department of Environment and Natural Resources
implemented. Women’s groups shall actively participate in (DENR) shall issue Certificate of Stewardships in the name
planning and designing, implementing, monitoring and of both spouses who shall then be co-stewards of the land;
evaluating the plan.
e. The DENR shall ensure that women, regardless of civil
A. Right to Food status, shall enjoy equal rights as men in the filing,
acceptance, processing, and approval of public land
1. The DA shall: applications;
a. In coordination with other agencies, involve women in
food production, processing, and marketing programs; f. All concerned agencies shall review and revise their
b. In coordination with Department of Science and judicial and administrative forms, harmonize their database,
Technology (DOST) – Industrial Technology Development and generate sex-disaggregated information; and
Institute (ITDI), provide updated, useful information and
gender-sensitive technologies for production, processing, g. The Land Registration Authority (LRA) shall comply
and marketing of food products; with the provisions of the Act and these Rules and
c. In coordination with the LGUs, strengthen capacities of Regulations.
women by designing and implementing appropriate training
programs for food security; 2. Equal treatment shall be given to women and men
d. Involve women in food security program development, beneficiaries of the agrarian reform program, wherein the
implementation, monitoring and evaluation; and vested right of a woman agrarian reform beneficiary is
e. Promote the use of organic fertilizer in food production. defined by a woman's relationship to tillage, i.e., her direct
and indirect contribution to the development of the land.
2. The DTI and Food and Drug Administration (FDA), in
coordination with other concerned agencies, shall provide Further:
timely and accurate information on food safety such as, but a. The DAR, in coordination with other concerned
not limited to, labeling and traceability. agencies, shall develop guidelines that will recognize
women’s paid
3. The DOST, Department of Energy (DOE), DA and other and unpaid work as bases for her direct and indirect
concerned agencies shall encourage the use of alternative or contribution in the development of the land; and
renewable energy in food production.
b. Both spouses and parties shall be accorded equal rights
B. Right to Resources for Food Production and access in availing of support services as provided for in
agrarian reform laws, without discrimination of sex. It shall
1. Equal status shall be given to women and men, whether be the joint and mutual obligation and responsibility of
married or not, in the titling of the land and issuance of both spouses and parties that the support services extended
stewardship contracts and patents. to them by DAR, DA, and other concerned agencies be
fully and exclusively utilized for the intended purpose.
Further:
3. Customary rights of women to the land, including access
a. The Department of Agrarian Reform (DAR) shall issue to and control of the fruits and benefits, shall be recognized
the Emancipation Patent (EP) and Certificate of Land in circumstances where private ownership is not possible,
Ownership Award (CLOA), to all qualified beneficiaries such as ancestral domain claims. Further:
regardless of sex, civil status, or physical condition. In a. Property rights under customary laws shall be respected
order to protect the rights of legally married spouses where as long as they are not discriminatory to women;
properties form part of the conjugal partnership of gains or b. The management and utilization of forest resources shall
absolute community property, the names of both shall provide equal opportunities for men and women to
appear in the EP and CLOA preceded by the word participate and share in attendant responsibilities and
“spouses.” In unions where parties are not legally married, benefits;
the names of both parties shall likewise appear in EP and c. In developing Comprehensive Development and
CLOA with the conjunctive word “and” between their Management Plans (CDMP), Industrial Forest Management
27
Agreement (IFMA) holders shall integrate gender concerns to women- engaged coastal resources.
including the equitable participation of women in
implementing the CDMP and enjoying the fruits thereof; The LGUs and BFAR shall ensure the full participation of
and women in the planning and designing, implementation,
d. The DA, in coordination with NCIP and other concerned monitoring and evaluation of coastal resource management
agencies, shall promote the application of indigenous programs; and designate coastal areas to be managed by
knowledge and practices on food production and women.
preservation.
4. Information and assistance in claiming rights to the land 8. There shall be no discrimination against women in the
shall be made available to women at all times. All deputization of fish wardens. Towards this end, the LGUs
concerned shall:
agencies with land management programs shall develop
programs to provide information, education and a. Deputize women who are already functioning as fish
communication, and assistance in claiming rights. wardens within six (6) months upon adoption of these
5. Equal rights of women to the enjoyment, use, and Rules and Regulations;
management of land, water, and other natural resources b. Provide venues where women’s roles as effective fish
within their communities or ancestral domains shall be wardens will be recognized;
guaranteed. c. Provide capacity development training for women fish
Further: wardens; and
a. Women shall participate in the management of protected d. Provide social and legal protection for all deputized fish
areas; wardens.
b. The Department of Tourism (DOT) shall promote
community-managed, eco-tourism projects participated by 9. Women-friendly and sustainable agriculture technology
women stakeholders from the community; and shall be designed based on accessibility and viability in
c. Government agencies in-charge of irrigation and consultation with women’s organizations.
watershed management shall provide access to small
irrigation and rainwater harvesting facilities as well as Further:
programs on rehabilitation of watershed areas to small a. All concerned agencies involved in research and
women farmers. development, including SUCs and higher education
81 80 institutions (HEIs), shall allocate budget for basic and
6. Equal access to the use and management of fisheries and applied research to develop and promote women-friendly
aquatic resources, and all the rights and benefits accruing technologies;
to stakeholders in the fishing industry shall be guaranteed.
b. The DA-Bureau of Post-Harvest Research and Extension
Further: (BPRE) shall design and promote the commercial use of
a. The DA, through the Bureau of Fisheries and Aquatic improved post-harvest processing facilities and equipment
Resources (BFAR), in coordination with National Fisheries of selected commercial crops among women and men,
and Aquatic Resources Management Council (NFARMC), farmer-groups, processors and small-holder entrepreneurs
shall assist the LGUs in developing a standard registration to reduce post-harvest losses and increase income derived
form for municipal fisherfolk, fishing vessels and gears as from value-added processing operations;
stated in Section 19 of the Philippine Fisheries Code of
1998. The Registry of Municipal Fisherfolk shall serve as c. The BFAR and Philippine Fisheries Development
basis for the identification of priority municipal fisherfolk Authority (PFDA) shall design and promote the use of
who shall be allowed to fish within the municipal waters; women-friendly fishing gears and post-harvest facilities
and equipment;
b. LGUs shall maintain an updated database of women
fisherfolk that may be accessed by BFAR, PCW and other d. The National Dairy Authority (NDA) shall design and
interested institutions for program development and policy- promote women-friendly dairy technologies;
making; and e. The DOST shall promote appropriate women-friendly
c. Women fisherfolk shall be entitled to benefits and technologies and support women inventors and scientists;
privileges accorded to other workers under the Labor Code, 83 82
Social Security System (SSS) and other laws.
f. The DA-Agricultural Training Institute (ATI) shall
7. Equal status shall be given to women and men in the include sustainable agriculture practices and technologies,
issuance of stewardship or lease agreements and other including varietal selection and community seedbanking in
fishery rights that may be granted for the use and its training programs; and
management of coastal and aquatic resources. In the same
manner, women's organizations shall be given equal g. DA and LGUs shall ensure participation of rural women
treatment as with other marginalized fishers organizations by tapping existing peoples’ organizations, NGOs and rural
in the issuance of stewardship or lease agreements or other women groups in their training on food production with
fishery rights for the use and management of such coastal emphasis on sustainable agriculture and fisheries such as
and aquatic resources which may include providing support but not limited to production of organic inputs and
28
fertilizers, natural farming and vermi-composting, and 14. Provide economic opportunities for the indigenous and
other technologies. rural women particularly access to market for their
produce. In the enforcement of the foregoing, the
10. Access to small farmer-based and controlled seeds requirements of law, such as free and prior informed
production and distribution shall be ensured and protected. consent, shall be observed at all times.
c. Open special credit windows in existing government 4. Formulate policies and programs to ensure that housing
financing institutions for women fisherfolk. programs and services are provided for women belonging
to
29
the marginalized sectors; used in the workplace.
5. Ensure that forms and documents are genderresponsive c. The DOLE, through its concerned agencies, shall make
especially those involved in transactions of (a) married available occupational safety and health (OSH)-related
couples, (b) persons in unions without marriage, and (c) programs and services to women workers in the formal and
single individuals. Within one (1) year from the effectivity informal sectors. These include, but are not limited to, the
of these Rules and Regulations, key shelter agencies shall conduct of OSH orientations and trainings, medical
also conduct a review of their agency guidelines to ensure surveillance and research, screening tests for reproductive
that the guidelines are gender responsive. Thereafter, a tract diseases, provisions for technical support/advice, and
periodic review shall be conducted; development of information, education and communication
materials.
6. Monitor and evaluate gender design features in housing
and urban development and all other kinds of infrastructure 3. Work closely with both the employers and unions or
plans and strategies to ensure that all housing projects, worker representatives, in the private sector in promoting a
whether undertaken by the government agencies or the safe and healthy workplace.
private sector, are able to secure the privacy and safety of
women and children; Further:
a. Employers both in the public and private sectors shall
7. Undertake a massive information dissemination provide services in support to balancing family obligations
campaign to increase the awareness of women on their and work responsibilities. These include family health
property and services but not limited to: day care and child minding
housing rights, including the right of women to information centers, breastfeeding or lactation stations with appropriate
and to transact business with shelter agencies; and facilities and corresponding nursing/lactation breaks, health
education, counseling on breastfeeding, seminars on
8. Ensure women’s participation in the development responsible parenthood and family planning, non-sexist
of land use plans and implementation of zoning ordinances. child-rearing, shared parenting and family responsibility,
annual family day, flexible work arrangements, and anti-
SECTION 25. Right to Decent Work – The State shall sexual harassment initiatives. Compliance by government
progressively realize and ensure decent work standards for agencies and private employers shall be monitored by the
women that involve the creation of jobs of acceptable CSC and DOLE, respectively. In establishing facilities as
quality in conditions of freedom, equity, security, and required by law, the LGUs shall make compliance thereof a
human dignity. prerequisite in the grant of any form of building and
business permit.
A. The DOLE in the case of private sector and the CSC
in the case of public sector shall: b. In the exercise of their labor rights, women workers are
1. Advance women’s right to decent work by promoting free to exercise their right to self-organization and are
women’s rights at work, creating opportunities for women encouraged to form unions and join associations. The
employment, enhancing social protection coverage, and DOLE and CSC shall ensure that such rights are respected
strengthening tripartism and social dialogue. To achieve regardless of the workers’ status and place of employment.
this, the DOLE and CSC 87 86 shall facilitate adequate DOLE and CSC shall also support programs that will
consultative mechanisms with workers and employers encourage women to develop their leadership skills to
groups, government and non-government organizations; accelerate their qualifications in positions of leadership.
2. Together with other concerned agencies ensure the c. Employees who are members of indigenous communities
provision of support services and gears to protect women shall be allowed to observe their cultural practices in the
from occupational and health hazards taking into account workplace provided that the employer is notified by the
women’s maternal functions. applicant or employee about the cultural practice/s that she
needs to observe and the cultural practice/s will neither
Further: hamper work efficiency of the employee nor be prejudicial
a. Women workers shall be protected against safety and to the operation of the workplace.
health hazards, including, but not limited to, exposure to
hazardous chemicals, infections, conditions leading to B. In recognition of the temporary nature of overseas work
musculoskeletal disorders, work environment leading to and the need to exert all efforts to address the causes of
noise-induces hearing loss, and exposure to radiation and outmigration, the National Anti-Poverty Commission
psychological stressors. (NAPC), in the exercise of its oversight functions in the
implementation of the Social Reform Agenda, shall ensure
b. By reason of the hazardous nature of work that may that policies and programs in addressing poverty reduction
cause injury or impairment in the function of any part of as well as initiatives taken by civil society and the basic
the body, every employer shall provide their women sectors shall include local employment and other economic
employees with appropriate personal protective equipment opportunities for women.
(PPE) to prevent injury or impairment in any part of their
bodies as well as ensure proper maintenance of the PPE C. DTI, DOLE, other concerned government agencies, and
30
the LGUs shall initiate investment friendly policies, 3. Affordable and transparent benefits and payments; and
systems, programs and procedures as well as provide flexible payment schedules; and
technical assistance and supporting financial arrangements 4. Promotion of organized groups for easy access to credit
to returning women migrant workersto help them establish and capital.
local business. E. DA, DAR, DENR, NCIP, and DOLE shall develop
89 88 guidelines to ensure that:
D. The DFA, DOLE, Philippine Overseas Employment 1. Women shall not be discriminated upon in their share of
Administration (POEA), and Overseas Workers' Welfare the produce of farms and aquatic resources, furthermore, to
Administration (OWWA) shall be responsible in protecting consider their reproductive and domestic functions thus
the rights and promoting the welfare of women migrant equal returns of the value of work shall be recognized; and
workers especially those classified under the vulnerable 2. Women entitlements to agriculture and other forms of
skills categories. These agencies shall review and forge assets shall be ensured and recognized based on their rights
bilateral and multilateral labor agreements to ensure safe and contribution to its total value.
migration, better work conditions that will curb violence
against women migrant workers; conduct professional and F. DOLE and its attached agencies shall ensure the
personal development among women migrant workers integration of returning women migrant workers into the
through livelihood and skills development trainings, labor force through the provision of incentives to
seminars, and scholarship grants; and mainstream companies who will provide employment to returning
entrepreneurship and GAD in skills training, counseling Overseas Filipino Workers (OFWs), the elimination of any
and other support services for the families of the migrant barriers to employment qualifications of migrant women
workers. workers, and the establishment of benchmark on the
number of training hours to enhance knowledge and skills
SECTION 26. Right to Livelihood, Credit, Capital, and of OFWs.
Technology – All possible assistance shall be provided to 91 90
women including returning women migrants in their pursuit
of owning, operating and managing business enterprises SECTION 27. Right to Education and Training
towards the promotion of their economic rights and A. Access to Skills Training and Retraining – Women shall
independence. Assistance shall focus on the availability of be given the opportunity to benefit from skills training if
the following: credit, training and technology, information, they so desire before taking on job overseas, and possible
packaging and marketing, and social protection. retraining upon return to the country. Towards this end, the
DOLE, through its attached agencies, and other concerned
A. Department of Finance (DOF), DTI, Bangko Sentral ng offices, apart from predeparture orientation seminars for
Pilipinas (BSP), People's Credit and Finance Corporation overseas bound workers, shall ensure the provision of the
(PCFC), Government Financial Institutions (GFIs), and following:
Microfinance Institutions (MFIs) shall formulate and
implement policies, plans and programs to give women 1. Training institutions in all levels shall be made
easy and preferential access to capital and credit for accessible to migrant women irrespective of their age,
business enterprises. ethnicity, religion, class and marital status;
2. Extensive dissemination of available training and
B. DOLE, TESDA, NAPC, DOST, DTI, DSWD, DA, scholarship programs for women migrant workers to
DOF, BSP, Technology Resource Center (TRC), and other facilitate access to such opportunities that will widen their
Business Support Organizations (BSOs) shall ensure career options;
availability of skills trainings, business-related training, and 3. Language skills training and culture familiarization on
livelihood capability programs for women potential the country of destination as requirements for departure,
entrepreneurs and women entrepreneurs. including the dissemination of information on available
training providers;
C. DTI, DOST, TRC, and BSOs shall provide trainings 4. Database on returning migrant workers who would want
focused on packaging, marketing, product development, to avail of skills development and training; and
upscaling enterprises and venturing into exports, and shall 5. Measures to prioritize returning women migrant workers
ensure availability and access of women to business guides, in the various skills training programs of government,
business matching, business templates for start-ups, as well subject to qualification requirements.
as business counseling.
B. Gender Sensitivity Trainings and Seminars – All
D. Government Service Insurance System (GSIS), SSS, government and private training and learning providers
PCFC, DOF, DTI, and BSP shall enhance access of women shall develop and implement gender sensitivity training
entrepreneurs/potential entrepreneurs to credit and capital program. In the conduct of said training program, the
through: adoption of flexible training hours, and gender sensitive
1. Simplified insurance instrument through contract training facilities to include child-care services to
standardization; accommodate women workers with work responsibilities
2. Lowered transaction costs through cost-minimizing and family obligations shall be strictly observed.
monitoring systems and efficient incentive schemes;
31
C. Equal Opportunities in Scholarships – All concerned A. The SSS and the PhilHealth shall support indigenous
agencies and organizations shall strictly observe criteria on and community-based social protection schemes. Said
merit and fitness in the grant of scholarships for technical agencies shall consult with NCIP and other concerned
skills training and development especially in the field of agencies and ensure that marginalized women not covered
research and development aimed towards women-friendly by the SSS and PhilHealth shall be able to access special
farm technology, whether in the field of agriculture, packages developed for their benefit. They shall conduct
horticulture, aquaculture or other similar areas. regular review and consultations among stakeholders to
ensure that the benefit packages are responsive and the
SECTION 28. Right to Representation and Participation premiums are affordable to the marginalized sectors.
– The State shall ensure women’s participation in policy-
making or decision-making bodies in the national, regional B. The State shall institute policies and programs that seek
and local levels. All national government agencies shall to reduce the poverty and vulnerability to risks and enhance
ensure that their existing participatory mechanisms shall the social status and rights of the marginalized women by
include adequate representation of women. promoting and protecting livelihood and employment,
protecting against hazards andsudden loss of income, and
A. Concerned agencies, in cooperation with women’s improving people's capacity to manage risks. It shall
organizations, shall implement capability-building and likewise use the list of poor households generated by the
leadership formation programs as well as undertake National Household Targeting System (NHTS) as reference
affirmative action measures to enable grassroots women in identifying priority beneficiaries of the social protection
leaders to effectively participate in the decision and policy- programs of government. In this regard:
making bodies in their respective sectors, including
but not limited to the following bodies: 1. DOLE shall provide learning sessions on women
workers’ safety and health through existing structures
1. Presidential Agrarian Reform Council (PARC) and its within the LGUs or by creating new mechanisms;
local counterparts like the Provincial Agrarian Reform 2. DA shall ensure that the Agricultural Competitiveness
Coordinating Committee (PARCCOM) and Barangay Enhancement Fund created by Republic Act No. 8178,
Agrarian Reform Committee (BARC); otherwise known as the “Agricultural Tariffication Act,” is
availed of by women farmers and fisherfolk;
2. Community-based resource management bodies or 3. NAPC and disaster coordinating councils, together with
mechanisms on forest management and stewardship; LGUs, shall mainstream all programs and services on
poverty reduction and include OSH, disaster risk reduction
3. National Agricultural and Fishery Council (NAFC) and and management at the local levels; and
its regional and local counterparts; 4. DOLE, DTI and their attached agencies, DSWD, LGUs,
4. National Fisheries and Aquatic Resources Management as well as other similar agencies shall sustain labor market
Council (NFARMC) and its regional and local programs to create employment and alternative livelihood
counterparts; following decent work standards as provided in these Rules
5. National Commission on Indigenous Peoples (NCIP); and Regulations with adequate resources to prevent or
6. Presidential Commission for the Urban Poor (PCUP) for mitigate the effects of sudden loss of income such as
membership in its Board of Commissioners; emergency employment.
7. Local Housing Boards (LHBs), whenever applicable;
and C. The State shall endeavor to reduce and eventually
8. National Anti-Poverty Commission (NAPC) Basic eliminate transfer costs of remittances from abroad through
Sectoral Councils. appropriate bilateral and multilateral agreements. It shall
likewise provide access to investment opportunities for
B. The NAPC shall ensure that its sectoral councils shall remittances in line with national development efforts.
have at least thirty percent (30%) women membership and Towards this end:
shall have gender equality concerns incorporated in their 1. DFA shall review existing agreements or enter into new
sectoral agenda. At the start of the term of the successor agreements with receiving countries of women migrant
councils, the NAPC through the women’s sectoral council workers that will cover conditions on remittances, when
shall conduct orientation on gender and development for all such agreements do not include them; coordinate with BSP
members of these councils. to encourage all banks and non-bank money transfer
agencies to reduce costs of 95 94 remittances and
SECTION 29. Right to Information – All government encourage the private sector to introduce incentive
agencies, instrumentalities, and LGUs shall develop and schemes; and involve women migrant workers and NGOs
make available information, education and communication working with migrant groups in the review of existing
(IEC) materials on their specific programs, services and agreements and new agreements; and
funding outlays on women’s empowerment and gender
equality. These information shall be translated in major 2. DOLE, its attached agencies POEA and OWWA, and
Filipino dialects and disseminated to the public, especially other concerned offices shall develop and implement
in remote or rural areas. programs for returning women migrant workers and their
families that will include employment opportunities that
SECTION 30. Social Protection will match their skills and qualifications, skills and
32
entrepreneurship development, financial literacy, and
access to credit, capital and markets. L. Develop appropriate programs and projects to respond
to gender issues and concerns.
D. The State, through the PhilHealth and LGUs, shall
establish a health insurance program for senior citizens and SECTION 32. Peace and Development – The peace
indigents. process shall be pursued with the following considerations:
E. The State shall support a community-based social A. Increase the number of women participating in
protection scheme and develop social protection programs discussions and decision-making in the peace process,
for women with disabilities through the National Council including their membership in peace panels, that recognize
on Disability Affairs (NCDA) in coordination with women's role in conflict prevention and peace-making, and
PhilHealth, SSS, GSIS, and LGUs. in indigenous system of conflict resolution. Towards this
end:
SECTION 31. Recognition and Preservation of Cultural
Identity and Integrity – The NCCA and NCIP in 1. OPAPP, PCW, AFP and CHR shall ensure the
coordination with NCMF, Regional Commission on implementation of this provision especially the full
Bangsamoro Women (RCBW)– Autonomous Region in participation of grassroots women organizations. They shall
Muslim Mindanao (ARMM), and other concerned agencies also ensure the implementation of UNSC resolutions on
shall ensure that women are consulted and shall participate women, peace and security; and
in the development and implementation of policies and
programs that aim to preserve their own cultures and 2. LGUs shall ensure women’s participation in local peace
traditions. These agencies among others shall: councils tasked to recommend policies and programs on
peace issues in the community.
A. Protect the role of women as repository of indigenous
knowledge and system on education and health; B. Ensure the development and inclusion of women's
welfare and concerns in the peace agenda in the over-all
B. Conduct studies and researches on the roles and peace strategy and women's participation in the planning,
contributions of women in the different ethnic and implementation, monitoring and evaluation of rehabilitation
indigenous cultures; and rebuilding of conflict affected areas. Towards this end:
C. Develop materials produced in indigenous languages 1. OPAPP in coordination with RCBW shall support
containing information on the rights, programs, and inter-faith dialogues on peace and development with
services available to the indigenous women; women, especially in Mindanao.
2. LGUs involving people’s organizations, particularly
D. Provide appropriate support for women’s groups and women’s organizations, shall ensure the development and
organizations to conduct research and document women inclusion of women’s issues and concerns in the peace
Indigenous Peoples’ (IP) traditional roles in marriage, agenda.
family, community, political, and economic life to
determine gender issues and concerns among indigenous C. Inclusion of the peace perspective in the education
cultural communities/IPs; curriculum and other educational undertakings by DepEd,
CHED, SUCs, TESDA, Bureau of Cultural Heritage
E. Remove stereotypes and discriminatory characterization (BCH)-ARMM and DSWD. DepEd shall likewise pursue
of IPs and Moro women in educational materials; continuous education of internally displaced children.
F. Collaborate with CHED and DepEd to integrate in the D. The recognition and support for women's role in conflict
educational curriculum the preservation and respect of prevention, management, resolution and peacemaking, and
indigenous rights, cultures and traditions, provided that in indigenous systems of conflict resolution. For this
they are not discriminatory to women; purpose:
G. Coordinate with CHED and DepEd to ensure functional 1. LGUs shall institutionalize community-based conflict
literacy and numeracy programs for indigenous resolution structures where women play critical roles;
communities; 2. OPAPP, in coordination with LGUs, shall institutionalize
the provision of incentives and awards in recognition of
H. Provide protection to women in the pursuit of their grassroots women of their exemplary achievements in
traditional livelihood and occupations; peace building, and in coordination with PCW and peace
NGOs, shall publish women’s stories on peace and
I. Ensure that indigenous and Moro women have access development; and
to information of all services in their own languages; 3. NCIP shall support tribal women arbiters, whenever
existing, in conflict prevention management, resolutions
J. Allow women’s manner of dressing in accordance with and
their cultural belief; peacemaking, and in indigenous systems of conflict
K. Support women involved in “halal” industry; and resolution.
33
anti-VAW mechanisms, and the pillars of the justice
E. The AFP in coordination with LGUs, PNP, DOH, and system shall formulate guidelines and protocols to ensure
DSWD shall institute measures for the protection of protection of women against gender-based violence.
civilians in conflict affected communities with special
consideration of the specific needs of women and girls. SECTION 35. Protection of Girl-Children
These measures shall include, but are not limited to, the A. Government agencies, LGUs and other concerned
provision of the minimum initial service including adequate institutions shall pursue measures to eliminate all forms of
breastfeeding facilities, water and sanitation facilities, discrimination against girl-children in education, heath and
services addressing special needs of adolescents, and nutrition, and skills development. To implement this
family planning. provision, the following agencies shall perform the
following roles and functions:
SECTION 33. Women in Especially Difficult
Circumstances – For purposes of the Act and these Rules 1. The Council for the Welfare of Children (CWC), Early
and Regulations, Women in Especially Difficult Childhood Care and Development (ECCD) Council, and
Circumstances (WEDC) shall refer to victims and survivors DepEd shall:
of sexual and physical abuse such as rape and incest, illegal a. In coordination with PCW, NCIP, NCMF, and other
recruitment, prostitution, trafficking, armed conflict, concerned agencies, review and enhance existing policies
women in detention, and other related circumstances which and frameworks, including curriculum development, and
have incapacitated them functionally. LGUs are therefore ensure proper coordination and dissemination, for possible
mandated to deliver the necessary services and replication;
interventions to WEDC under b. Establish and maintain age- and sex-disaggregation of
their respective jurisdictions. children’s data for use in planning;
c. Ensure that school policies uphold the dignity, practices,
SECTION 34. Services and Interventions for WEDC A. traditions, culture, and religious beliefs of students and
WEDC and their families shall be provided with services indigenous children, provided they are not discriminatory
and interventions as necessary such as, but not limited to, to women;
the following: d. Guarantee that all girl-children who are of preschool
(a) temporary and protective custody, and school-age have access to quality education, good
(b) medical and dental services, health, proper nutrition, and skills development, regardless
(c) psychological and psychiatric evaluation, of ethnicity, socioeconomic conditions, religious affiliation,
(d) counseling and Critical Incident Stress Debriefing and physical and mental abilities;
(CISD), e. Ensure that girls and boys have equal treatment and
(e) legal services, opportunities for academic honors, leadership in
(f) productivity skills, capability building, and/or livelihood school/class organizations, leadership in school activities,
assistance, journalistic endeavors, and the like;
(g) education, f. Promote among public and private schools the sensitivity
(h) job placement, to particular Moro and indigenous practices such as fasting
(i) financial assistance, and in the month of Ramadan, choice of clothing (including
(j) transportation assistance. wearing of hijab), and availability of halal food; and
All service providers shall undergo capacity building to g. In coordination with CHED and TESDA, closely
ensure gender-responsive, rights-based and culture- monitor their regional operations so that programs in every
sensitive provision of services. region are equitably distributed, properly implemented, and
all are given the opportunity to avail of the services.
B. DSWD, DOLE, TESDA, DOH, DOJ, LGUs, and all 2. NCIP, NCMF, RCBW, and LGUs to conduct community
other concerned agencies shall ensure that gender- consultations on the effect of child marriages on the health,
responsive, rights based and culture-sensitive services and education, and over-all situation of a girl-child.
interventions for WEDC and their families shall be
provided. B. Girl-children shall be protected from all forms of abuse
and exploitation.
C. PNP, BJMP, Bureau of Corrections (BuCor), NBI,
Bureau of Immigration (BI), LGUs, and other concerned Further:
agencies shall ensure that detention areas and prisons have 1. LGUs shall organize and make functional Local
segregated facilities, health and sanitation services for Councils for the Protection of Children (LCPCs). DILG
women in their custody, including clean and sanitary shall monitor
toilets. the compliance thereof; and
2. DILG shall institute measures for LGUs to comply with
D. The Parole and Probation Board (PPB) shall ensure organization and functionality of the LCPCs at all levels.
the annual review of cases that merits Presidential pardon,
with special priority for the elderly and sick women. C. LGUs shall ensure the organization and functionality of
the LCPCs that shall adopt existing indigenous mechanisms
E. DSWD in coordination with CHR, existing inter-agency in the protection of children; pursue measures to eliminate
34
all forms of discrimination against girl-children in the adoption of gender mainstreaming as a strategy to
education, health, nutrition, and skills development; and promote and fulfill women's human rights and eliminate
protect girl-children from all forms of abuse and gender discrimination in their systems, structures, policies,
exploitation. programs, processes, and procedures such as the following:
D. DepEd, CHED, NCIP, NCMF, and BCH-ARMM shall: A. Planning, Budgeting, Monitoring and Evaluation for
1. Provide equal access of Muslim and indigenous GAD
girl-children in the Madaris, schools of living culture and
traditions, and regular schools; 1. Development of and Budgeting for GAD Plans and
2. Develop gender-sensitive, rights-based and culture- Programs – All agencies, offices, bureaus, SUCs, GOCCs,
sensitive curriculum, including legal literacy and books, in LGUs, and other government instrumentalities shall
the Madaris and schools of living culture and traditions; formulate their annual GAD Plans, Programs and Budgets
3. Ensure sensitivity of regular schools to particular Moro within the context of their mandates.
and indigenous practices, such as fasting in the month of
Ramadan, choice of clothing (including the wearing of Further:
hijab) and availability of halal food.
a. Following the conduct of a gender audit, gender analysis,
SECTION 36. Protection of Senior Citizens and/or review of sex-disaggregated data, each agency or
A. Senior citizens, especially those who actively contribute LGU shall develop its GAD Plans, Programs, and Budget
to productive and reproductive work, shall have continuous in response to the gender gaps or issues faced by their
access to support services. women and men employees, as well as their clients and
constituencies. Along with the Act and these Rules and
B. All programs and services for senior citizens shall be Regulations, the Philippine Plan for Gender-Responsive
gender-responsive, rights-based and culture-sensitive. In so Development (PPGD), the Beijing Platform for Action
doing, concerned agencies and LGUs shall ensure that (BPfA), and the CEDAW, among others, shall serve as key
specific needs and concerns of women senior citizens are documents to guide the identification of gender issues and
identified and addressed. the formulation of GAD Plans, Programs and Budget;
C. DOH and other concerned agencies shall provide
capability building on the prevention, detection and b. Where needed, temporary special measures shall be
management of psycho-social problems and other geriatric included in their plans. The agency or LGU is encouraged
concerns of women senior citizens among healthcare to
professionals, specifically on the handling of older person consult with their employees and clients to ensure the
abuse. relevance of their GAD Plans and Programs;
D. LGUs shall develop and utilize supportive community
resources that provide in-home services, respite care, and c. At least five percent (5%) of the total agency or LGU
stress reduction with high-risk families; in addition, explore budget appropriations shall correspond to activities
the possibilities of subsidies and support for family and supporting GAD Plans and Programs. The agency GAD
caregivers to promote quality homecare for senior citizens. Budget may be allocated using any or a combination of the
E. The Office for Senior Citizens Affairs (OSCA) shall following:
include services addressing gender-based violence. i. As a separate GAD fund to support GAD-focused
F. All suspected cases of abuse and/or neglect of women programs, projects, and activities;
senior citizens must be reported in accordance with existing ii. As fund to support integrating gender-perspectives in
laws. regular/flagship programs and projects;
The DOH and DSWD shall require physicians, caregivers iii. As counterpart fund to support gender-responsive
or social workers who suspect ill-treatment on women Official Development Assistance (ODA) - funded projects;
senior citizens to discuss the concern with the head of the
nursing home or family. In case the ill-treatment is d. The head of agency or LCE shall ensure that GAD
confirmed, or in the event of suspicious death, the same Plans, Programs, and activities are provided with adequate
should be reported to appropriate authorities. resources;
35
submission to the DBM. The agencies shall submit to the performance based planning and budgeting, all agencies
DBM their PCW-endorsed GAD Plans, Programs, and shall adhere to existing national guidelines in
Budgets along with the annual agency budget proposals; mainstreaming a gender perspective in the agency and local
plans. Further:
g. The DILG shall review the GAD Plans, Programs, and
Budgets for gender-responsiveness, accompanied by GAD a. The DBM shall ensure that the Major Final Outputs,
Accomplishment Reports submitted annually. The DILG Indicators, as well as Targets under the Organizational
shall then return the GAD Plans, Programs, and Budget to Performance Indicator Framework (OPIF) of all NGAs are
the concerned LGUs along with its endorsement to the gender responsive. This shall likewise apply to LGUs once
DBM; OPIF is cascaded to them;
h. Provinces, Highly Urbanized Cities and Independent b. The NEDA shall ensure that the Medium-Term
Component Cities shall submit to the DBM their DILG- Philippine Development Plan (MTPDP) and Medium-Term
endorsed GAD Plans, Programs, and Budget along with Public Investment Program (MTPIP) are gender-
their budget proposals in accordance with the budget call. responsive;
c. Likewise, all NGAs and other government
2. Gender-Responsiveness of ODA-funded Projects instrumentalities shall ensure that their agency annual
(included and not included in the annual General operations plan and budget are gender-responsive; and
Appropriations Act) – NGAs and LGUs and other d. All LGUs shall ensure that Executive-Legislative
government instrumentalities shall ensure that five to thirty Agenda (ELA), Comprehensive Development Plan (CDP),
percent (5-30%) of funds received from foreign Comprehensive Land Use Plan (CLUP), Provincial
governments and multilateral agencies are in support of Development and Physical Framework Plan (PDPFP), and
gender responsive programs and projects. Further: Annual Investment Plan (AIP) are gender-responsive.
a. The National Economic and Development Authority 5. Monitoring and Evaluation of the Implementation
(NEDA) shall institute measures to ensure that said of and Budget Utilization for GAD Plans and Programs
allocation is achieved and sustained to enable concerned a. The PCW, in consultation with DBM, COA,DILG,
agencies and LGUs to respond to gender issues; and NEDA, and other concerned agencies, shall ensure that an
effective system to monitor and evaluate the effectiveness
b. To ensure that agencies and LGUs comply with this of the GAD budget utilization of the agencies and LGUs is
requirement, they shall undergo capacity-building activities in place. b. The COA shall conduct an annual audit of GAD
on, among others, gender sensitivity, gender analysis, and funds of all government agencies, offices, bureaus, SUCs,
of tools such as the Harmonized Gender and Development GOCCs, LGUs, and other government instrumentalities.
Guidelines (HGG). c. At the end of the fiscal period, all government agencies
shall submit to PCW their GAD Accomplishment Reports
3. Enhancement of Existing Implementing Tools/ including the utilization of the GAD Budget. The LGUs
Mechanisms shall submit the same to the DILG which in turn shall
a. The PCW, DBM, NEDA, and DILG shall enhance and consolidate and submit to the PCW.
update existing guidelines and tools on the development,
implementation, and monitoring of GAD Plans and B. Gender and Development (GAD) Code
Programs and utilization of the GAD Budget by NGAs, 1. To ensure sustainable gender-responsive local
LGUs, and other government instrumentalities; governance, all LGUs shall develop and pass a GAD Code
to support their efforts in recognizing, respecting,
b. DBM shall take the lead in ensuring that protecting, fulfilling and promoting women’s human rights
genderresponsive towards the attainment of women’s empower ment and
performance-based budgeting is adopted by all agencies gender equality in their locality, following the 107 106
and LGUs; guidelines issued by the PCW. The GAD Code shall also
serve as basis for identifying programs, activities, and
c. The PCW and NEDA shall take the lead in advocating projects on GAD.
the use of the HGG for project development,
implementation, monitoring and evaluation; 2. The DILG, in close coordination with PCW, shall assist
LGUs in the development and passage of their GAD Codes
d. The PCW in coordination with concerned agencies as well as monitor their implementation.
shall develop or enhance gender audit tools and any other
tools necessary for gender mainstreaming; and C. Creation and/or Strengthening of the GAD Focal Points
(GFPs) – All government departments including their
e. The PCW in partnership with DBM, NEDA, DILG, attached agencies, offices, bureaus, SUCs, GOCCs, LGUs,
academe, and civil society groups shall provide technical and other government instrumentalities shall establish or
assistance to agencies and LGUs. strengthen their GFP System or a similar GAD mechanism
to catalyze and accelerate gender mainstreaming within the
4. Mainstreaming Gender Perspective in National and agency or LGU. The head of agencies or LCEs shall sign
Local Plans – To move towards a more sustainable appropriate issuances to institutionalize the creation of the
36
GFP in their respective agencies or LGUs. The tasks and
functions of the members of the GFP shall form part of c. Lead in setting up appropriate systems and mechanisms
their regular key result areas and shall be given due to ensure the generation, processing, review, and updating
consideration in their performance evaluation. of sex-disaggregated data or GAD database to serve as
basis in performance-based gender-responsive planning;
1. Composition of the GFP System – To ensure
sustainability of initiatives in the NGAs, LGUs, and other d. Coordinate efforts of different divisions/offices/ units of
government instrumentalities, the GFP shall be established the agency or LGU and advocate for the integration of
composed of the agency head or LCE, an executive GAD
committee, and a technical working group (TWG) or perspectives in all their systems and processes;
secretariat. For NGAs and other government
instrumentalities, the GFP executive committee shall be e. Spearhead the preparation of the agency or LGU annual
chaired by an Undersecretary or its equivalent, with the performance-based GAD Plans, Programs, and Budget in
bureau and service directors or their equivalent as response to the women and gender issues of their
members. employees/ 109 108 constituencies, following the format
In cases where the agency head is not of Cabinet Secretary and procedure prescribed by the PCW;
rank, the next highest official shall be designated as Chair
of the GFP executive committee. The GFP TWG or f. Lead in monitoring the effective implementation of the
secretariat shall be composed of, but not limited to, the key GAD Code and any other GAD-related policies, and the
staff from the following offices: planning, finance, budget, annual GAD Plans, Programs, and Budget;
senior technical officer from each major bureau/
division/office, and where feasible, the statistics and g. Lead the preparation of the annual agency/LGU GAD
management information office. Accomplishment Report and other GAD reports that may
be
For LGUs, the GFP executive committee shall be chaired required under the Act;
by the LCE with the department heads and Chairs of the
Sanggunian Committees on Women, Children and Family, h. Promote the participation of women and gender
and Appropriations, and representatives from the PNP’s advocates, other civil society groups and private
Women’s Desk, Indigenous Peoples (IPs), and Persons organizations in the
with Disabilities, private sectors, and other nongovernment various stages of development planning cycle; and
organizations as members. The GFP TWG or secretariat
shall be composed of, but not limited to, technical staff i. Ensure that all personnel of the agency/LGU including
from the various departments and concerned Sanggunian the auditors are capacitated on GAD. The PCW shall issue
committees. The GFP TWG Chair shall be elected from guidelines to further assist the agencies, LGUs, and other
among the GFP TWG members. The secretariat shall be government instrumentalities in creating and strengthening
designated by the GFP TWG Chair. The agency/LGU shall their GFP System.
ensure that all members of the GFP undergo capacity
building programs on gender and development which shall D. GAD Database – All departments, including their
include but not be limited to: gender sensitivity training attached agencies, offices, bureaus, SUCs, GOCCs, LGUs,
(GST), gender analysis, GAD planning and budgeting, and and other government instrumentalities shall develop and
gender audit. maintain a GAD database containing GAD information to
include gender statistics and age- and sex-disaggregated
2. General Functions of the GAD Focal Point – TheGFP data that have been systematically produced/gathered,
shall ensure and sustain the agency’s or LGU’s critical regularly updated to serve as inputs or bases for planning,
consciousness and support on women and gender issues. programing, and policy formulation. The National
The GFP shall take a lead role in direction-setting, Statistical
advocacy, planning, monitoring and evaluation, and Coordination Board (NSCB), upon the recommendation of
technical advisory on mainstreaming GAD perspectivs in the Inter-Agency Committee on Gender Statistics (IACGS),
the agency/LGU programs, projects, activities, and shall issue statistical policies on the generation of data
processes. support on gender issues and improve the system of
collection and dissemination of gender statistics at the
In doing so, the GFP shall: national and local levels.
a. Lead the assessment of the gender-responsiveness of SECTION 38. Gender Focal Point Officer in Philippine
policies, strategies, programs, activities, and projects of the Embassies and Consulates – All Philippine Embassies and
agency/ LGU based on the priority needs and concerns of Consulates shall have at least one (1) duly appointed and
its constituency, and the formulation of recommendations trained Gender Focal Point Officer (GFPO) within three (3)
and ensure their implementation; years. However, in countries where there is large
population of women migrant workers, the GFPO shall be
b. Assist in the formulation of new policies such as the in place by end of December 2010. Embassies and
GAD Code in advancing women’s status in the case of Consulates shall ensure that there is always one duly-
LGUs; trained GFPO in the
37
embassy/consulate at any given time. As such, there shall OP;
be an Alternate GFPO also appointed to take over the tasks
and functions of the GFPO when the latter is absent. 2. Serve as the over-all monitoring body and oversight to
ensure the implementation of the Act and these Rules and
A. The qualifications of the GFPO include the following: Regulations. In doing so, the PCW may direct government
1. Preferably with at least five (5) years experience in agencies and instrumentalities, as may be necessary, to
working with gender-related matters including assistance to report on the implementation of the Act and these Rules
nationals (ATN) matters; and Regulations and for them to immediately respond to
the problems brought to their attention;
2. Has attended intensive training on GAD and GAD-
related areas (e.g. VAW, HIV-AIDS, Migration); 3. Lead in ensuring that government agencies are
3. Preferably with graduate course in women studies; capacitated on the effective implementation of the Act and
and these Rules and Regulations;
4. Preferably a woman especially in areas with large
population of women migrant workers. 4. Report to the President in Cabinet meetings the status of
the implementation of the Act and these Rules and
B. The GFPO or Alternate GFPO shall be duly appointed Regulations;
by the Secretary of Foreign Affairs upon the
recommendation of the GFP of the DFA. The appointee 5. Endeavor to influence the systems, processes and
shall be subject to the administrative provisions of Foreign procedures of the executive, legislative, and judicial
Service personnel under Republic Act No. 7157 or the branches of government vis-à-vis GAD to ensure the
“Foreign Service Act of 1992.” DFA will include in the implementation of the Act and these Rules and
assignment orders “GFPO” designations of officers/staff. Regulations.
C. The Foreign Service Institute (FSI) and the PCW shall B. To effectively and efficiently undertake and accomplish
establish the minimum basic training requirements of its functions, the PCW, within one (1) year from the
GFPO. The PCW shall prepare an exhaustive listing of adoption of these Rules and Regulations shall revise its
gender sensitivity and other related trainings and their point structure and staffing patterns with the assistance of the
equivalents for purposes of determining training DBM.
requirement equivalencies. All foreign service officers as
well as officers of other service agencies (e.g., DOLE, SECTION 40. Commission on Human Rights –
DSWD, OWWA, DTI, DOT, DND/AFP, DA) due for Consistent with its mandate, the CHR, as the Gender and
posting overseas shall undergo minimum basic training Development Ombud (Gender Ombud), shall advocate for
requirements on gender sensitivity as a requirement prior to the promotion and protection of women’s human rights,
departure. strengthen its Human Rights Education program,
investigate violations including those committed by private
D. The GAD Secretariat in the DFA shall establish institutions or by private individuals, monitor compliance,
communication and information technology linkages and recommend appropriate measures to the CSC or to the
among the focal point officer network in the Foreign concerned department of the government for its effective
Service. implementation.
E. DFA shall set up the GFPO system not later than 30 A. The CHR shall:
December 2010 and shall be responsible in the information 1. Monitor with the PCW and other concerned agencies,
dissemination of the existence of GFPO. It shall also compliance with the Act. In developing indicators and
prepare a long term GAD Plan which shall be the basis of issuance of guidelines for its implementation by concerned
the GFPO in preparing the annual work and budget plan. agencies, CHR shall ensure that the human rights of
women, including their right to non-discrimination are
F. DOLE must ensure that all information as to who are guaranteed.
the GFPO in all embassies and consulates, including
contact numbers, addresses and email address, are included 2. Establish guidelines and mechanisms that will facilitate
in the Pre-Departure Orientation Seminar (PDOS) of access of women to legal remedies under the Act and
departing overseas workers/ professionals. related laws, and enhance the protection and promotion of
the rights of women, especially marginalized women.
SECTION 39. Philippine Commission on Women 3. Assist in the filing of cases against individuals, agencies,
institutions, or establishments that violate the provisions of
A. As the oversight body on women’s concerns, the PCW the Act.
shall act as catalyst for gender mainstreaming, authority on
women’s concerns, and lead advocate of women’s For this purpose, the CHR shall:
empowerment, gender equity, and gender equality.
The PCW shall: a. Provide legal assistance such as preparation of
1. Act as the primary policy-making and coordinating necessary pleadings, referral letters, and counseling;
body on women and gender equality concerns under the
38
b. Forge Memoranda of Agreement with Bar
Associations, NGOs, law firms, and organizations B. As the law is a comprehensive compilation of the duties
providing legal aid to ensure adequate and competent legal of the State to the women of the country, all agencies and
representation for complainants; LGUs shall conduct their own monitoring of the
effectiveness of their programs. NGAs and other
c. Accredit lawyers who will accept pro bono cases government instrumentalities shall submit to the PCW their
under the Act; and d. Create an efficient system of case progress report on the implementation of the Act within
referrals to appropriate government departments or January of every year. Likewise, the LGUs shall submit to
agencies. Victims of violations of the Magna Carta of DILG a progress report on the implementation of the Act
Women shall be considered victims of human rights within January of every year. The DILG shall consolidate
violations, and shall be entitled to other forms of assistance and submit the LGU reports to PCW within March of every
available in the CHR. year. The agencies and LGUs are encouraged to gather
reports on the implementation of the Act from CSOs and
4. Regularly submit to Congress, copy furnished PCW an the private sector.
assessment report of compliance of the Act with its
recommendations, which shall include any possible C. The PCW, in coordination with other state agencies and
administrative action. Acting on CHR’s recommendations, the CHR, shall consolidate all annual reports and prepare
the OP, the CSC, or the concerned agency may, if an
necessary, issue any of the following: (a) administrative assessment report for submission to the the Committee on
and/or executive orders, (b) memorandum circulars, (c) Oversight of the Congress every three (3) years. The
proclamations, (d) resolutions, and other issuances. assessment report shall highlight the results/outcome of the
law’s implementation and its impact on the status and
B. The CHR en banc shall designate one (1) Commissioner, human rights of women. The PCW shall take note 115 114
who together with the Women’s Human Rights Center of agencies’ non-compliance and shall make
(WHRC), shall be primarily responsible, for the recommendations for the Committee’s appropriate action.
formulation of policies, development, and implementation
of program and activities related to the promotion and D. At the regional and local levels, the PCW shall engage
protection of human rights of women. The Regional existing mechanisms like the regional/local development
Offices of the Commission shall discharge the functions of councils for the implementation and monitoring of the Act.
the Gender
Ombud within their respective jurisdictions and shall SECTION 42. Penalties – The CHR shall recommend to
implement these program undertake investigations of the CSC, DILG, Sandiganbayan, Office of the
complaints of discrimination and violations or rights under Ombudsman, and
the Act. The Barangay Human Rights Action Center other pertinent offices or bodies sanctions either
(BHRAC) shall be the support arm of these Regional administrative or disciplinary for individuals who fail to
Offices. comply with and implement the Act, including non-
compliance to the GAD Budget policy. The CSC shall act
Within one (1) year from the adoption of these Rules and on CHR’s recommendations sixty (60) days upon receipt
Regulations, the CHR with the assistance of the DBM shall thereof. In the case of LGUs, the DILG shall conduct the
revise the structure and staffing pattern of the WHRC to appropriate response to CHR’s recommendation also within
effectively and efficiently execute its functions. The sixty (60) days from the date of receipt. Both agencies are
designated Focal Commissioner shall directly supervise the required to furnish CHR with the actions taken. CHR shall
WHRC in the performance of its functions under the Act. establish the guidelines for the processing and handling of
violations committed by private entities or individuals. If
SECTION 41. Monitoring Progress and Implementation the violation is committed by a private entity or individual,
and Impact of the Act – The PCW in coordination with the CHR shall forward its recommendation to the
other agencies and the CHR shall develop an effective and appropriate agency of the government. In violations which
efficient system to monitor and evaluate the are considered civil cases, appropriate damages shall be
implementation of the Act. determined by the proper court. As for those offenses
which are criminal in nature, CHR shall assist the victim or
A. To establish a baseline data, the agencies/LGUs shall complainant in the filing of cases and develop guidelines
submit within one hundred eighty days (180) days from the and mechanisms for such purpose. If the violation is
adoption of these Rules and Regulations a report on the committed by the AFP as an institution, or by any of its
women’s current status in their respective sectors/localities. officers, the recommendation shall be forwarded to the
The NGAs, offices, bureaus, and all other government DND. The filing of complaint under the Act shall not
instrumentalities shall submit their baseline reports to the preclude the offended party from pursuing other remedies
PCW. The LGUs shall submit their reports to the DILG for available under the law and to invoke any of the provisions
consolidation and submission to PCW. The PCW and of existing laws especially those recently enacted laws
CHR, in coordination with the DILG, shall circulate to all protecting women and children, including the Women in
government agencies and LGUs the suggested format and Development and Nation Building Act (Republic Act No.
content of the baseline and progress report ninety (90) days 7192), the
upon adoption of these Rules and Regulations. Special Protection of Children Against Child Abuse,
39
Exploitation and Discrimination Act (Republic Act No. CLOA Certificate of Land Ownership Award
7610), the Anti-Sexual Harassment Act of 1995 (Republic CSC Civil Service Commission
Act No. 7877), the Anti-Rape Law of 1997 (Republic Act CSO Civil Society Organization
No. 8353), the Rape Victim Assistance and Protection Act DA Department of Agriculture
of 1998 (Republic Act No. 8505), the Anti- Trafficking in DAR Department of Agrarian Reform
Persons Act of 2003 (Republic Act No. 9208), and the DBM Department of Budget and Management
Anti- Violence Against Women and Their Children Act of DENR Department of Environment and Natural Resources
2004 (Republic Act No. 9262). If violence has been proven DepEd Department of Education
to be perpetrated by agents of the State including, but not DFA Department of Foreign Affairs
limited to, extrajudicial killings, enforced disappearances, DILG Department of the Interior and Local Government
torture, and internal displacements, such shall be DND Department of National Defense
considered aggravating offenses with corresponding DOF Department of Finance
penalties DOH Department of Health
depending on the severity of the offenses. DOJ Department of Justice
DOLE Department of Labor and Employment
SECTION 43. Incentives and Awards – There shall be DOST Department of Science and Technology
established an incentives and awards system which shall be DOT Department of Tourism
administered by a board under such Rules and Regulations DSWD Department of Social Welfare and Development
and standards as may be promulgated by the PCW. DTI Department of Trade and Industry
Provided, that equivalent awards shall be given by the EP Emancipation Patent
PCW to deserving entities, government agencies, and local FAP Film Academy of the Philippines
government units for their outstanding achievement and/or FDCP Film Development Council of the Philippines
performance in upholding the rights of women and GAB Games and Amusement Board
effective GAD Gender and Development
implementation of gender-responsive programs. GFP GAD Focal Point
GFPO Gender Focal Point Officer
RULE VII GOCC Government-Owned and -Controlled Corporation
FINAL PROVISIONS GSIS Government Service Insurance System
HEI Higher Education Institution
SECTION 44. Separability Clause – If for any reason, HGG Harmonized Gender and Development Guidelines
any part or provisions of these Rules and Regulations shall HIV Human Immunodeficiency Virus
be held unconstitutional or invalid, other sections or HUDCC Housing and Urban Development Council
provisions hereof which are not affected thereby shall IP Indigenous Peoples
continue to be in full force and effect. LCE Local Chief Executive
LCPC Local Councils for the Protection of Children
SECTION 45. Effectivity – These Rules and Regulations LGU Local Government Unit
shall take effect fifteen (15) days after complete publication MISP Minimum Initial Service Package
in two (2) newspapers of general circulation. MTRCB Movie and Television Review and Classification
Board
NAPC National Anti-Poverty Commission
APPENDIX NAPOLCOM National Police Commission
List of Acronyms NBI National Bureau of Investigation
NCCA National Commission for Culture and the Arts
List of Acronyms NCIP National Commission on Indigenous Peoples
AFP Armed Forces of the Philippines NCMF National Commission on Muslim Filipinos
AIDS Acquired Immunodeficiency Syndrome (formerly Office on Muslim Affairs)
ARB Agrarian Reform Beneficiary NEDA National Economic and Development Authority
ARMM Autonomous Region in Muslim Mindanao NFARMC National Fisheries and Aquatic Resources
BCH Bureau of Cultural Heritage Management Council
BFAR Bureau of Fisheries and Aquatic Resources NGA National Government Agency
BSO Business Support Organization NGO Non-Government Organization
BSP Bangko Sentral ng Pilipinas NTC National Telecommunications Commission
C/MSWDO City/Municipal Social Welfare and ODA Official Development Assistance
Development Office OFW Overseas Filipino Worker
CEDAW Convention on the Elimination of All Forms of OMB Optical Media Board
Discrimination OPAPP Office of the Presidential Adviser on the Peace
Against Women Process
CHED Commission on Higher Education OP Office of the President
CHR Commission on Human Rights OPS Office of the Press Secretary
CDMP Comprehensive Development and Management OSH Occupational Safety and Health
Plan OWWA Overseas Workers’ Welfare Administration
CESB Career Executive Service Board PCFC People’s Credit and Finance Corporation
40
PCUP Presidential Commission for the Urban Poor
PCW Philippine Commission on Women
PhilHealth Philippine Health Insurance Corporation
PNP Philippine National Police
POEA Philippine Overseas Employment Administration
PPE Personal Protective Equipment
PSC Philippine Sports Commission
RCBW Regional Commission on Bangsamoro Women
SSS Social Security System
SUCs State Universities and Colleges
TESDA Technical Education and Skills Development
Authority
TRC Technology Resource Center
TWG Technical Working Group
UNSC United Nations Security Council
VAW Violence Against Women
WEDC Women in Especially Difficult Circumstances
WHRC Women’s Human Rights Center
41