Subject Instructor

Academic Year 2021-2022

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-
VISION
PLT College of Guinobatan, Inc. envision to become a dynamic
educational institution of excellence, producing innovative,
empowered and technically-oriented workers to address societal
needs and to be a catalyst for regional, national and global
development.

MISSION
To produce highly competent professionals with consciousness for
scientific and technological research; and to generate outreach
programs that would ensure value-based community growth and
transformation.

GENERAL OBJECTIVES
▪ To inspire and instill into the minds and hearts of the students the value of service to God, humanity,
and respect to the duly constituted authorities.
▪ To prepare the students on crime prevention and detection, criminal investigation, law, law
enforcement and other related areas.
▪ To provide the basic knowledge and skills in law, law enforcement, criminal sociology, crime
detection and investigation, forensic sciences and correctional administration that can satisfy both
national and global standards.
▪ Strengthen awareness and realization of ethical standards of leadership, morality, and discipline.
▪ Initiate a research environment wherein students and faculty members produce research papers
that will develop a progressive nation.

VISION
The PLTCGI Department of Criminal Justice is envisioned to be an
academic leader in Criminal Justice Education in Bicol Region.

MISSION
The PLTCGI Department of Criminal Justice is committed to
promote the intellectual development of students who can exhibit
critical thinking and produce highly competent and well-
equipped graduates who can demonstrate first-rate services in the
fields of policing, legal, criminal investigation, criminalistics,

GOALS penology, criminal sociology and industrial security.

▪ To inspire and instill into the heart and mind of the BS Criminology and BS Industrial Security
Management students the higher concepts of service to God, humanity, and country.
▪ To foster the ethical standards of leadership, accountability, responsibility, and integrity.
▪ To provide basic knowledge and skills in Criminal Law and Jurisprudence, Law Enforcement
Administration, Criminalistics, Crime Detection and Investigation, Sociology of Crimes and Ethics
and Industrial Security management.
▪ To prepare the students for careers in law enforcement, crime prevention and investigation,
forensic sciences, correctional administration, and other allied fields characterized by national and
global standards.
▪ To enrich the significance role of Criminal Justice Research in promoting and maintaining public
safety and security.

VALUES
▪ Discipline
▪ Responsibility
▪ Integrity
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▪ Respect
 PLT COLLEGE OF GUINOBATAN, INC.
San Francisco, Guinobatan, Albay
COLLEGE OF CRIMINAL JUSTICE EDUCATION

I. COURSE NAME: Gender Sensitivity in Criminal Justice System

II. COURSE DESCRIPTION:

This course reviews men and women as deviants, criminals, victims, and professionals in
the criminal justice system.

III. NO. OF UNITS: 3 Units – 1 Hour Lecture/Unit

IV. NO. OF HOURS PER WEEK: 3 Hours

V. RATIONALE: The course is designed to meet the needs of Criminology students in studying
gender roles, gender development and gender sensitivity. Furthermore, students would be
able to understand the importance of Gender and Development in the society, school,
and workplace.

VI. OBJECTIVES: At the end of this course, the students are expected to:
At the end of the course, the student is expected to;
1.Conduct Criminological research on nature and scope of Gender Sensitivity.
2.Have a broad understanding about Gender Sensitivity.
3.Identify the roles of men and women in the criminal justice system
4.Evaluate public discourse.
5.Determine policy considerations that ultimately impact all genders in the criminal
justice system.
Analyze and execute the laws applicable to curb sexism and gender inequality

VII. COURSE OUTLINE:

▪ Chapter I (Sex and Gender)
▪ Chapter II (SOGIE Equality Bill)
▪ Chapter III (Domestic Violence and Sexual Harassment)
▪ Chapter IV (The Philippine Criminal Justice System: An Overview)
▪ Chapter V (Gender and Development)

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 CHAPTER 1
SEX and GENDER

A. DEFINITION OF TERMS
a. Sex- refers to the biological and physiological characteristics that define men
and women.
- Permanent and universal
Sex categories: Male and Female

b. Gender- refers to the socially constructed roles, behaviors, activities, and

attributes that a give society considers appropriate for men and women
-is what a person identifies himself or herself as
- varies from one society to another
Gender categories: Masculine and Feminine

-Gender refers to the personal traits and social positions that members of
the society attach to being male and female. Gender is a dimension of social
organization, shaping how we interact with others and how we think about
ourselves. It refers to the meaning a certain culture attaches to being male or
female. (Maciones, 2002)

c. Sensitivity- an awareness and understanding of the feelings of other people

d. Gender Sensitivity
- is the act of being sensitive to the ways people think about gender
- GS tries to ensure that people rely less on assumptions about traditional
and outdated views on the roles of men and women.
- GS is the ability to recognize issues and problems in the way societies look
at gender.

e. Gender Equality
- Means that women and men, girls and boys, enjoy the same rights,
resources, opportunities and protections. It does not require that girls and
boys, or women and men, be the same, or that they be treated exactly
alike. (UNICEF)
- It is the state of equal ease of access to resources and opportunities
regardless of gender, including economic participation and decision-
making; and the state of valuing different behaviors, aspirations and
needs equally, regardless of gender. (wikipedia.org)
- Means that women and men enjoy the same status and conditions and
have equal opportunity to realize their potentials and to contribute to
social, political, economic and cultural development. (GAD)
- It means that there is no sex discrimination in the allocation of resources
and benefits or access to services, and that both men and women have
equal opportunity to realize their potential to contribute and benefit from
development. (GAD)

f. Gender Roles
- A gender role is a set of social and behavioral norms that are generally
considered appropriate for either a man or a woman in a social or
interpersonal relationship.
- GR determine how males and females should think, speak, dress and
interact within the context of society.
- The role or behavior learned by a person as appropriate to their gender,
determined by the prevailing cultural norms.

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 g. Feminism
- The advocacy of women’s rights on the basis of the equality of the sexes
- The belief that men and women should have equal rights and
opportunities
- The doctrine advocating social, political, and all other rights of women
equal to those of men

h. Sexism
- A prejudice or discrimination based on a person’s sex or gender
- Sexism may be defined as an ideology based on the belief that one sex
is superior to another. It is discrimination, prejudice, or stereotyping on the
basis of gender, and is most often expressed toward women and girls. It
has been characterized as the “hatred of women” and “entrenched
prejudice against women”. (Wikipedia.org)
- “Sexism is the foundation on which all tyranny is built. Every social form of
hierarchy and abuse is modeled on male-over-female domination.”-
Andrea Dworkin

B. INFLUENCES ON GENDER

Gender influences may be biological, social or cognitive in nature.

1. Biological Influences
Biological influences on gender involves pubertal change, sexuality and an examination
of Freud’s and Erikson’s notions on anatomy and destiny.
a. Pubertal Change and Sexuality
Pubertal change influences gender behavior. Studies show that sexual
behavior is related to hormonal changes in puberty. Robert Udry (1990), an
adolescent sex searcher, reported that boys, increased sexual activity are
related to rising androgen (male hormones), whereas girls’ increased sexual
activity are strongly influenced by their peer groups.
b. Anatomy is Destiny: Freud and Erikson
Sigmund Freud and Erik Erikson’s “anatomy is destiny” Theorizes that gender
behavior is influenced by a person’s sex organ. According to Freud, human
behavior and history are directly related to reproductive processes. Erikson
agreed with Freud and further stressed that anatomical differences affect
psychological differences. He noted that male individuals are aggressive while
females are passive.

2. Social Influences
In the early years of development, parents are the most critical and influential
development agents of socialization. Other social influences are culture, school, peers
and the media.
a. Parental Influences.
By their examples and actions, parents influence their children’s gender
development. Boys are given more independence while girls’ sexual
vulnerability causes parents to monitor them closely. Severe restrictions on
adolescent boys disrupt their development.
Parents exhibit different expectations for their sons and daughters in different
areas.
The social learning theory of gender states that gender development of
children and adolescents occur through observation of gender behavior,
which are appropriate and inappropriate, through the system of rewards and
punishment. Example, a girl is praised for quietly playing her dolls.
Individuals develop gender by imitating role models.

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 According to Bandura, there are four mediational processes that must
occur for imitation of behavior.
1. Attention – The individual must pay attention to the models’ behavior
i.e. Boys must pay attention to male’s behavior and girls must pay
attention to female’s behavior.
2. Retention- The individual must code and store the observed gender-
appropriate behavior in ling term memory.
3. Reproduction- The individual must be capable of imitating the gender-
appropriate behavior
4. Motivation- Individuals must have a good reason for reproducing the
gender appropriate behavior

b. Peers
Peers also play a vital role in modeling and responding to gender behavior. In
adolescence, peer approval or disapproval is a powerful influence on gender
attitudes and behavior.
c. Schools
The pressure to achieve and to excel in academics is more likely to be heaped
on boys than on girls because they will grow up to be the breadwinners.
d. The Media
Social researchers assumed that the mass media carry sexist messages.
Exposure to mass media by the sexes would inculcate stereotyped messages
in them.

3. Cognitive Influences
Cognitive Influences on gender stress that children organize their world on the
basis of gender after identifying themselves as either male or female.

C. GENDER STEREOTYPES, SIMILARITIES AND DIFFERENCES

Gender Stereotypes pertain to images, impression and beliefs about males and
females. These vary in culture and in socioeconomic status. These are largely negative
in nature and may be prejudiced and discriminatory.
An example of a masculine stereotype is growing facial hair while female is
wearing lipstick.

Sexism
Characterized by endorsement of traditional gender roles, differential treatment
for men and women, especially the stereotype that females are less competent than
males.

Gender Similarities and Differences

Female Male
Bear Children Do not
Less active and aggressive More active and aggressive
Use the same facial expressions
Adopt the same language
Describe their emotional experiences similarly
Capable of leaning to cook and sew
Capable of learning to weld metal and fly airplanes

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 David Buss, an evolutionary psychologist stressed that men and women differ
psychologically in domains where they have encountered different problems.

Androgyny

It is the presence of both masculine and feminine traits in a person. An androgynous

person may be an assertive but nurturant male or a dominant but sensitive female.

Androgyny may be expressed with regard to biological sex, gender identity, gender
expression, or sexual identity. The different meanings of androgyny point to the
complex interrelationship between aspects of sex, gender, and sexuality.

When androgyny refers to mixed biological sex characteristics in humans, it often refers
to intersex people.
As a gender identity, androgynous individuals may refer to themselves as non-
binary, genderqueer, or gender neutral.
As a form of gender expression, androgyny can be achieved through personal
grooming or fashion.

Research suggests that men and women tend to have similar emotional experiences.
However, the way they communicate about their emotions is different, with men expressing
all negative emotions as anger—an emotion related to action and agency—and women
more likely to indicate sadness—which is associated with lack of control over the situation

Men who behave modestly in a professional context violate expectations of the

masculine stereotype and are disliked because they are seen as weak and insecure.
Conversely, women who display agentic behavior (by being competent, ambitious, and
competitive) seem insufficiently nice and are disliked and devalued as a result

When women start earning more money than their husbands, they increase (rather than
decrease) the amount of time they invest in household work, presumably to avoid violating
stereotypical expectations of a good wife.

D. GENDER ROLES
Gender roles or sex roles are aspects of gender that refer to a set of expectations how
males o females should act, think and feel (Santrock, 1998). They are the attitudes and
activities that a society links to each gender. In Philippine culture, society defines males as
ambitious and decisive. Females on the other hand, are expected to be emotional or
supportive especially to their husbands. Wives are likewise considered as homemakers while
husband are the family’s breadwinners.

Women
Women were subordinate to men;
Women cannot own their property or keep their salaries if they were married;
They could not draft a will and were barred from filing lawsuits in court including
suits seeking custody of their children;
Women could not study in college and their husbands would beat them up using
a stick no thicker than a thumb, (the origin of the phrase “the rule of thumb”);
Women could not exercise their right to vote;
They were seen as mere decorations in homes and were fitted for household
chores.
In these, modern times, diversity characterizes women’s roles. In the past, the
roles that women played were those that portrayed them to be dependent,
nurturant and incapable of holding power. But today’s women have entered

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 traditionally male domains like the military, the police and other occupations requiring
physical strength and assertiveness.
The women of modern times display a positive and highly secure gender identity.
They feel very comfortable in being feminine while performing their duties and
responsibilities, even those perceived to be dominated by men. Women are no
longer typecast in roles that paint them as soft, submissive, and emotional. They are now
empowered, independent and principled. Women, like men increasingly struggle to
gain influence and change the worlds of business, politics, and relationships with the
opposite sex.

Men
Rather than just being the breadwinner and the disciplinarian in the family,
today’s male has stepped into the role of nurturer to his family. He is now actively
involved in his children’s upbringing, spends quality time with his family and is more
positive and highly secure of his gender identity. He confidently does household works
and other tasks previously relegated to women without feeling ashamed or insecure of
his masculinity.
Men are anchored in occupations outside the home. Almost all the major
institutions of our society, including the armed forces, the media, universities, medical
and business establishment, are controlled by men. Yet, with the power that
accompanies men, comes stress and responsibility. The pressure to succeed and to
remain on top is upon them and this can be intense. Power and privilege do not
guarantee men’s physical or mental wellbeing.

E. GENDER ISSUES

Women’s Issues
1. Sexual Harassment
Sexual harassment occurs when an individual is unable to perform a task due to
unwelcome and unwanted sexual advances by either the same or opposite sex.
Forms of sexual harassment include exist remarks, vulgar sexual language, covert
physical contact (deliberate and improper touching of private and sensitive body
parts, patting) especially in the workplace.
Sexual harassment is also rampant within the academe. Some students are
subjected to sexual harassment from their professor who promises them higher
grades and easier assignments loads.

2. Low Wages
Gender discrimination remains possible for sizeable differences in pay among the
sexes. In a number of workplaces, the principle of “equal pay for equal work” is
continuously being resisted. Reasons for such gender discrimination include
unsubstantial scientific claims like women are weak, women are emotionally
unstable, women give birth frequently and go on leave which adversely affect their
productivity
Greed accounts for the employers’ noncompliance to the equal treatment of
female workers regarding their deserved salaries. Women perform much of the
exploited labor in developing nations. They typically toil for long hours with low wage
rate but contribute significantly to family income compensated through overtime
work.

3. Equal Work Opportunities and Promotions

Women oftentimes encounter attitudinal or organizational biases that prevent
them from reaching their full potentials in the workplace. They are often blocked from
top management positions in businesses and industries.

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4. Sexist Advertising and Music
The media has often been criticized for stereotyping of women and exploiting
them via sexy advertisements (portraying them in skimpy swimsuits almost naked).
They have been portrayed either as sexy vamps cut to seduce the male population
in liquor, cigarette, and personal care product advertisements. They are viewed as
sex objects, satisfying the male’s appetite and libido. They intellectual capabilities
are undermined and not accurately and justifiably portrayed in some
advertisements.
Several popular music of today have lyrics of sexual overtones, most of which
pertain to women. These lyrics in some ways are shaping the minds of the listeners,
particularly the youth in the areas of sex, violence, drugs, and Satanism. MTVs are
inclined to promote sex rather than love, friendship, growing up, having fun and the
like.

5. Domestic Violence
Battering, child abuse, verbal abuse, abuse of the elderly and other forms of
domestic violence are ugly realities of family life in the Philippines. Domestic violence
can begin as early as the dating and courtship stages. Victims are reluctant to share
their unpleasant experiences and typically confide in their peers rather than in their
parents and authorities.
Domestic violence is a global problem and is harsher in societies that devalue
certain family members like children born out of wedlock, stepchildren disabled
children or women in general. The oppressive situation of battered women is so
intolerable that it has been compared to that of prison inmates. Like prisoners, these
battered women are confined to their homes, suffering from progressive loss of elf-
esteem, making them prone to repeated abuse. They are generally cut off from
physical and emotional assistance and moral support.

6. Working Mothers
Gone are the days when a woman’s place is in the house. The Filipina mother has
metamorphosed from a responsible loving homemaker to an empowered career
woman.
Maternal employment is a fact of modernity and a positive response to social
change that meets the needs not met by the ideal of a full-time mother and
homemaker. The needs of a growing child require his/her mother to loosen her hold
on him/her. This would be easier accomplished by a working mother whose career is
an additional source of high self-esteem and a confident gender self-identity.
With the increasing population of Filipino working mothers, simultaneous
improvements in childcare services and leave schemes, flexible working time
arrangements, and access to career training and development must be
implemented.

7. Adolescent Pregnancy
Pregnant adolescents come from different ethnic groups from different places,
but their circumstances have the same stressfulness. They represent a flaw in society’s
fabric. At present, even if society places less stigma associated to an unmarried
mother, the lives of most pregnant adolescents are anything but rosy.
Adolescent pregnancies create health risks for both mother and child. Moreover,
adolescent parents are more likely to have low-paying, low-status jobs or
unemployed than those who delay childbearing. They tend to have less-desirable
child-rearing practices and less realistic expectations for their babies’ development.
A sound sex education, family planning and access to contraceptive methods
alone will not remedy an adolescent’s unwanted pregnancy. Adolescents need to
be motivated to reduce unwanted pregnancy. They have to have opportunities to
improve their academic and career-related skills, job opportunities, lifelong

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 consultations and extensive mental health services. They also need broad
community involvement and support.

Men’s Issues
The early beginnings of men’s movements date back to the 70’s and 80’s. Herbet
Goldberg stressed that men cannot sense and articulate their problems and feelings. His
important message to men is to become more attuned to their inner self and emotions and
work on developing more positive close relationships.
In the 1990’s, Robert Bly, a poet, storyteller, translator, bestselling author and Carl Jung’s
disciple, stated that today’s males are “soft” as a result of absentee fathers and strong
attachment to their mothers.

1. Adolescent Fathers
Adolescent fathers have lower incomes, are less educated and have more
children. If they are out of school, they land low paying jobs. Most young fathers have
little notion of what a father’s role is.
2. Sexual Harassment
Sexual harassment involving male victims is a reality, but very few cases are
reported. Prisons are vulnerable settings for sexual harassments. The absence of
heterosexual partners in prison cells make men turn to the same gender for sexual
favors and release.
In workplaces, men like women are also unwilling and willing victims of sexual
harassment. Men are unwilling victims of sexual advances from either gay bosses or
lady executives proposing sexual favors in exchange for accelerated job promotion in
the corporate ladder. Victims are forced to reciprocate their advances to lessen their
pay or at times, to free them from certain liabilities,
Some men may, however, be willing victims of sexual harassment in the
workplaces. They may even put up or open themselves to gay bosses or lady
executives for sexual advances in exchange for promotion, increased salaries and
lessened workload.

F. DISCRIMINATION AGAINST GAYS and LESBIANS

People harbor many misconceptions against gays and lesbians, otherwise known as the
“third sex”. They not only suffer harassment and discrimination but have minimal rights under
the law. They are discriminated on when seeking employment. They are victims of such
unwarranted emotions as disgust, fear or hatred. Child custody rights and visitation privileges
are issues for a homosexual parent.

Gays and lesbians suffer not only sexual harassment but also verbal harassment. They
are the butt of the jokes in certain segments of society. A number of gays and lesbians
experience assaults and physical violence.

G. AGE DISCRIMINATION
One of the horrors of becoming old is age discrimination. In a lot of businesses, there are
instances when workers are laid off and replaced by younger workers, ignoring the capability
and experience of aged workers, ignoring the capability and experience of aged workers still
able to perform efficiently. Even if some elders are still capable of working, they are no longer
hired in companies.

In the Philippines, we have an age limit for employment. Those in the age bracket of 35-
40 years old have a hard time finding employment. Employers prefer to hire young, new
graduates or those below 35 years old, probably because the risk of accidents, death and
weak physical stamina is generally associated with advancing age.

As women age, the more social inequities they experience through their lifetimes.

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 CHAPTER 2
The SOGIE Equality Bill

SOGIE Equality Bill: Everything You Need To Know—Supporters, Beginnings, And More
by June Moya (June 3, 2021)

Almost anywhere in the world today, there is at least a member of the Lesbian, Gay,
Bisexual, Transgendered, Queer, Intersex, Asexual (LGBTQIA+) community who suffers from
discrimination and violence perpetrated by a society that thrives in ill beliefs and traditions.
For decades, the plight of the LGBTQIA+ community was among the problems hardly
addressed by modern society, evident in the rising number of brutal killings, criticisms, and
misgendering.

In the Philippines, there is a bill seeking to end gender-based discrimination: the Anti-
Discrimination Bill or the Sexual Orientation and Gender Identity Expression (SOGIE) Equality
Bill which was proposed by Congress in 2000. It aims to end gender-based discrimination by
penalizing people involved in such activity.

It was initially filed by the late Miriam Defensor-Santiago and former Akbayan party-list
Representative Etta Rosales. The current version of the bill is being backed by Bataan 1st
district Representative Geraldine Roman and Akbayan Partylist Representative Tom Villarin in
the House and Risa Hontiveros in the Senate.
Despite being around for two decades, the proposed law has yet to hurdle legislation.

How will SOGIE Equality Bill Protect The LGBTQIA+?

The SOGIE Equality Bill recognizes the fundamental rights of every person regardless of
sex, gender, age, class, status, disability, religion, and political beliefs. This means that the law
protects members of the LGBTQIA+ from discrimination and marginalization.
Without marginalization, everyone will have an equal opportunity and access to
healthcare, housing, public services, education, employment and licensure.
Hate crimes and harassment are also covered by the bill. With SOGIE Equality present, those
who commit discrimination against the LGBTQIA+ will be fined PHP100,000 but not more than
PHP500,000, or imprisonment of not less than one year but not more than six years or both,
depending on the decision of the court.

Is This Law Exclusive to The Members Of LGBTQIA+?

No. Everyone has a preferred gender and sexual orientation, this means that people
who identify themselves as heterosexual will be provided with the same rights and
protections under the law.

Is This Law Harmful to The Christian Community?

Contrary to popular belief, none of the bill's provisions are written to attack any church
or religious groups. In fact, there had been cases where religious leaders are quoted backing
SOGIE Equality.
Bishop Solito Toquiero from the National Council of the Churches Philippines said the
institution gives its support to the proposed law despite backlash from some religious groups.
"The LGBTQIA+ have long been discriminated [against], that is why this bill has to be passed.
The bill gives freedom and importance to the community," he said.
Sister Mary John Mananzan from St. Scholastica's College has also expressed her support
saying that the bill would not grant special privileges to the members of the LGBTQIA+. "I
don't see the SOGIE bill giving any special right to the LGBT community. We are just saying
that the rights of everybody should also be applied to them," she said.

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Where is SOGIE Equality Bill Now?
Several government officials still deem SOGIE Equality questionable. In May 2019, it
became the longest-running bill under the Senate interpellation period in the Philippines.
According to its supporters, the prolonged process was intended by dissenters to scrap the
proposed law.
In December 2020, Hontiveros reintroduced the proposed law in the 18th Congress
after it was turned down in previous sessions.
To help pass the bill, we must reach out and engage ourselves in conversations
relevant to the LGBTQIA+ community. The modern age should not be a time where
LGBTQIA+ rights are trampled and ignored. Pride is a protest, and a good ally would echo
the calls of the minority. ##

An Excerpt from the SOGIE Bill….

Declaration of Policy. (Sec. 2)

The State recognizes the fundamental rights of every person, regardless of sex, age, class,
statue, ethnicity, color, disability, religious and political beliefs, sexual orientation, or gender identity,
to be free from any form of discrimination. It shall therefore intensify its efforts to fulfill its duties under
international and domestic laws to respect, protect and fulfill the rights and dignity of every individual.
Towards this end, the State shall exert efforts to address all forms of discrimination and violence
on the basis of sexual orientation or gender identity and to promote human dignity as enshrined in the
United Nations Declaration on Human Rights, (…) and all other relevant and universally accepted
human rights instruments and other international conventions to which the Philippine is a signatory.

Definition of Terms. (Sec. 3)

a. Discrimination- refers to any distinction, exclusion, restriction, or preference based on the
grounds of sex, sexual orientation, gender identity or expression, hereinafter referred to as
“SOGIE”, and has the purpose or effect of nullifying or impairing the recognition, access to,
enjoyment, or exercise by all persons on an equal footing of all rights and freedoms. For
purposes of this provision, the actual sex, sexual orientation, or gender identity of the person
subjected to discrimination shall not be relevant for the purpose of determining whether an
act of discrimination has been committed.
b. Gender Expression-refers to the outward manifestations of the cultural traits that enable a
person to identify as male or female according to patterns that, a particular moment in history,
a given society defines as gender appropriate.
c. Gender Identity- refers to the personal sense of identity as characterized, among others, by
manner of clothing, inclinations, and behavior in relation to masculine or feminine
conventions. A person may have a male or female identity with the physiological
characteristics of the opposite sex.
d. Profiling- refers to subjecting a person or group of persons to investigatory activities, which
include unnecessary, unjustified, illegal, and degrading searches, or other investigatory
activities, in determining whether an individual is engaged in an activity presumed to be
unlawful, immoral, or socially unacceptable.
e. Sexual Orientation- refers to the direction of emotional sexual attraction or conduct. This can
be towards of the same sex (homosexual orientation) or towards people of both sexes
(bisexual orientation) or people of the opposite sex (heterosexual orientation).
f. Stigma- refers to the dynamic devaluation and dehumanization of an individual in the eyes
of others which may be based on attributes that are arbitrarily defined by others as
discreditable or unworthy and which result in discrimination when acted upon.

Communities Vulnerable to Discrimination and Abuse on the Basis of SOGIE.

This (…) seeks to protect individuals and communities that experience human rights violations
on the basis of SOGIE, including but not limited to, individuals and communities of diverse sexual
orientation or gender identity or expression who are children, young, poor, differently abled, of different
ethnic background or cultural background, and of various religious belief.

Discriminatory Practices (Sec. 5)

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a. Promote and encourage stigma on the basis of SOGIE in the media, in educational textbooks,
and other medium. Inciting violence and sexual abuse against any person or group on the basis
of SOGIE is likewise prohibited.
b. Include SOGIE, as well as the disclosure of sexual orientation, in the criteria for hiring, promotion,
transfer, designation, work assignment, re-assignment, dismissal of workers, and other human
resource movement and action, performance review and in the determination of employee
compensation, career development opportunities, training, and other learning development
interventions, incentives, privileges, benefits or allowances, and other terms and conditions of
employment. Provided, That this provision shall apply to employment in both the private sector
and public service, including military, police and other similar services; Provide, further, That this
prohibition shall likewise apply to the contracting and engaging of the services of associations
or organizations with lesbians, gays, bisexuals, transgenders, intersex, or queers (LGBTQIs)
members or of associations or organizations advocating LGBTQIs rights.
c. Refuse admission or expel a person from any educational or training institution on the basis of
SOGIE: Provided, however, That the right of educational and training institutions to determine
the academic qualifications of heir students or trainees shall be duly upheld.
d. Impose disciplinary sanctions, penalties harsher than customary or similar punishments,
requirements, restrictions, or prohibitions that infringe on the rights of the students on the basis
of SOGIE, including discriminating against a student or trainee due to the SOGIE of the student’s
parents or legal guardian.
e. Refuse or revoke the accreditation, formal recognition, registration or plan to organize of any
organization, group, political party, institution, or establishment, in educational institutions,
workplaces, communities, and other settings, solely on the basis of the SOGIE of their members
or of their target constituencies.
f. Deny a person access to public or private medical and other health services open to the general
public, as well as access to public and private health insurance, including HMOs, on the basis
of SOGIE.
g. Deny an application for or revoke, on the basis of SOGIE, any government license, authority,
clearance, permit, certification, or other similar documents necessary to exercise a profession,
business, or any other legitimate calling.
h. Deny a person, access to or he use of establishments, facilities, utilities or service, including
housing, open to the general public on the basis of SOGIE: Provided , That the act of giving
inferior accommodations or services shall be considered a denial of access or use of such facility
or service; Provided, further, That this prohibition covers acts of discrimination against judicial
persons solely on the basis of SOGIE of their members or of their target constituencies.
i. Subject or force any person to undertake any medical or psychological examination to determine
or alter the person’s SOGIE without the expressed approval of the person involved, except in
cases where the person involved is a minor and below the age of discernment in which case
prior approval of the appropriate Family Court shall be required. In the latter case, the child shall
be represented in the proceedings by the Solicitor General or the latter’s authorized
representative.
j. Subject any person, natural or juridical, to profiling, detention, or verbal or physical harassment
on the basis of SOGIE. Profiling, detention, or verbal, or physical harassment on the basis of
SOGIE by members of law enforcement agencies, including the military, police, immigration, is
likewise prohibited. Physical or verbal harassment based on SOGIE of persons in custody or
detention of the police, including subjecting them to extortion, is also prohibited.
k. Subject a person to any other analogous acts that shall have the effect or purpose of impairing
or nullifying the enjoyment, recognition, and exercise of a person’s human rights and
fundamental freedoms.

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 CHAPTER 3
DOMESTIC VIOLENCE and SEXUAL HARASSMENT

Domestic Violence refers to violent acts committed by a family or household member

against the other, such as child abuse or the mistreatment of one’s spouse. DV can refer to
physical harm inflicted on a member of a household or family, by another member of the
same household or family. The catch-all term domestic violence can generally apply to any
partners– married or unmarried, straight or gay, living together or simply dating.

TYPES OF DOMESTIC VIOLENCE

1. Physical Abuse is the most recognizable form of violence. It includes any form of
physical contact that is intended to cause physical injury-even a very minor injury.

Examples: slapping, kicking, biting, stabbing, hair-pulling, battering, grabbing,

shooting, punching, burning choking, hitting, pinching, shaking, forced drug/alcohol
consumption, restraining or assault with a weapon.

2. Emotional Abuse- involves the destruction of the victim’s self-worth, and is brought
about by persistent insult, humiliation or criticism.

Examples: constant insults, repeated criticism, name-calling, giving the “silent

treatment”, mocking, damaging victim’s relationship with children, frequent
humiliation, belittling, inducing guilt, making and breaking promises, treating the victim
like servant
3. Sexual Abuse- includes any form of unwanted sexual contact or sexual conduct.

Examples: marital and acquaintance rape, sexual assault, fondling, forced prostitution,
sexual harassment, physical violence to sexual organs, forced sex with others, forced
use or disuse of contraception, forced abortion, sexual humiliation, accusations of
infidelity.

4. Financial Abuse- deals with abusive handling of money issues.

Examples: preventing the victim from getting an education or working outside the
home, forcing the victim to work, controlling the couple’s bank account, withholding
money, controlling spending or justification for purchases

5. Psychological Abuse- consists of any ongoing actions meant to instill fear, control, or
intimidation.

Examples:
-Controlling when the victim can leave the house and who the victim can see
-Requiring permission to talk to others
-Destruction of the victim’s property
-Abuse of the victim’s pets
-threatening to harm the children or take them away
-“mind games”
-Stalking
-Forced accompaniment
-Frequently checking up on the victim
-Taking the car keys
-Taking away access to the phone
-Blackmail
-Threatening harm to self or others

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 6. Digital Abuse- use of technologies such as texting, and social networking to harass,
stalk or intimidate a partner.

Examples:
-Pressures you to send explicit videos
-Steals or insists on being given your passwords
-Constantly texts you and makes you feel like you can’t be separated from your
phone for fear that you will be punished
-Looks through your phone frequently, checks up on your pictures, texts and outgoing
calls
-Tags you unkindly pictures on Instagram, Tumblr, and the like
- Uses any kind of technology to monitor you

LAWS RELATED
A. Republic Act 8353
B. Republic Act 7877
C. Republic Act 9262

Republic Act No. 8353

AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME
AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as "The Anti-Rape Law of 1997."

Section 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as a Crime Against
Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there
shall be incorporated into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as
follows:

"Chapter Three
"Rape

"Article 266-A. Rape: When And How Committed. - Rape is committed:

"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

"a) Through force, threat, or intimidation;

"b) When the offended party is deprived of reason or otherwise unconscious;

"c) By means of fraudulent machination or grave abuse of authority; and

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

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

"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion
perpetua.

"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.

"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become
reclusion perpetua to death.

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"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall
be reclusion perpetua to death.

"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.

"The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:

"l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent
of the victim;

"2) When the victim is under the custody of the police or military authorities or any law enforcement or penal
institution;

"3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the
third civil degree of consanguinity;

"4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be
such by the offender before or at the time of the commission of the crime;

"5) When the victim is a child below seven (7) years old;

"6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to
the victim;

"7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the
Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage
of his position to facilitate the commission of the crime;

"8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or
disability;

"9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime;
and

"10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended
party at the time of the commission of the crime.

"Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.

"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be
prision mayor to reclusion temporal.

"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion
temporal.

"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall
be reclusion temporal to reclusion perpetua.

"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.

"Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying
circumstances mentioned in this article.

"Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the
criminal action or the penalty imposed.

"In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party
shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the
penalty shall not be abated if the marriage is void ab initio.

"Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any
degree from the offended party, or where the offended party is so situated as to render her/him incapable of
giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A."

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Section 3. Separability Clause. - If any part, Sec., or provision of this Act is declared invalid or unconstitutional, the other
parts thereof not affected thereby shall remain valid.

Section 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws, acts, presidential decrees,
executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are
deemed amended, modified or repealed accordingly.

Section 5. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in two (2)
newspapers of general circulation.

Approved: September 30, 1997.

------------------------------------------------------------------------------------------------------------------------------------------

REPUBLIC ACT NO. 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING

ENVIRONMENT, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as the “Anti-Sexual Harassment Act of 1995.”

SEC. 2. Declaration of Policy. – The State shall value the dignity of every individual, enhance the development of its
human resources guarantee fell respect for human rights, and uphold the dignity of work rs, employees, applicants for
employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual
harassment in the employment, education or training environment are hereby declared unlawful.

SEC. 3. Work, Education or Training-related Sexual Harassment Defined. – Work, education or training-related sexual
harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a
work or training or education environment, demands, requests or otherwise requires any sexual favor from the other,
regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.

(a) In a work-related or employment environment, sexual

harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment
of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the
refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would
discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or
apprentice.

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates
in the commission thereof by another without which it would not have been committed, shall also be held liable under this
Act.

SEC. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. – It shall be the
duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter
the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution
of acts of sexual harassment. Towards this end, the employer or head of office shall:

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(a) Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or
trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual
harassment cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper
decorum in the workplace and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct
meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors and
students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the
investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from
the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1) representative
from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case
may be.

The employer or head of office, educational or training institution shall disseminate or post . copy of this Act for the
information of all concerned.

SEC. 5. Liability of the Employer, Head of Office, Educational or Training Institution. – The employer or head of office,
educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment
committed in the employment, education or training environment if the employer or head of office, educational or training
institution is informed of such acts by the offended party and no immediate action is taken thereon.

SEC. 6. Independent Action for Damages. – Nothing in this Act shall preclude the victim of work, education or training-
related sexual harassment from instituting a separate and independent action for damages and other affirmative relief.

SEC 7. Penalties. – Any person who violates the provisions of this Act shall, upon conviction, be penalized by
imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos
(P 10,000) nor more than Twenty thousand pesos (P 20,000), or both such fine and imprisonment at the discretion of the
court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

SEC. 8. Separability Clause. – If any portion or provision of this Act is declared void or unconstitutional, the remaining
portions or provisions hereof shall not be affected by such declaration.

SEC. 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other issuances, or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete publication in at least two (2)
national newspapers of general circulation.

Approved: FEB 14 1995

----------------------------------------------------------------------------------------------------------------------------- ----------------
Excerpt from RA 9262

Republic Act No. 9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and
guarantees full respect for human rights. The State also recognizes the need to protect the family and its members
particularly women and children, from violence and threats to their personal safety and security.

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Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with
the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human
Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the
Child and other international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate,
within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It
includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the
victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat
of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing
the victim to witness the physical, sexual or psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or
properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and
psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two individuals in a business or social context is not a
dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.

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 (g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for
the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the
victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the
victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence
against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their
children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child
has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat
of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or
her family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or
properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or
her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to,
the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or
her child; and

(5) Engaging in any form of harassment or violence;

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of
access to the woman's child/children.

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SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be
punished according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or
homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those
constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious
physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be
punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than
arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred
thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo
mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

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 CHAPTER 4
The Philippine Criminal Justice System: An Overview

Meaning of Philippine Criminal Justice System.

It is the process of linking the five pillars of criminal Justice System, the Police, the Prosecution,
the Court, the Correction, and the Community together so as to achieve an interrelated scheme of
reciprocal responsibility in the approach to community development.

Philippine criminal Justice System is the sum total of instrumentation which a society uses in the
prevention and control of the commission of a crime and juvenile delinquency.

It is the machinery used by a Democratic Government to protect the society against crime
and other peace and order problems.

The Criminal Justice System has Five Pillars; namely:

1. Law Enforcement;
2. Prosecution;
3. Court;
4. Correction; and
5. Community

1. The law enforcement pillar refers to the entire organizations of law enforcement. This pillar stands
as the forefront of the Criminal Justice System. Law enforcement is a deterrent and preventive
activity. It consists of patrolling to supervise conduct, investigating to identify offenders and to
recover stolen or missing property, warning or arresting those who are probably guilty of criminal
behavior, and assisting in the prosecution and trial of offenders. Its goals are aimed towards the
prevention of crime and disorder, preservation of peace, and the protection of life, properties and
individual freedom.

2. Prosecution is the process or method whereby accusations are brought before a court of justice
to determine the innocence or guilt of the accused. The prosecutor is not just an ordinary official
of the government; he is, as well an officer of the court whose criminal responsibility under the law
is to carry out the administration of the criminal justice system through an adequate examination
of the offense charged and to decide whether or not to prosecute the individual offender, without
sacrificing fairness and justice.

3. Court. It is a governmental body officially assembled under authority of law at the appropriate
time and place for the administration of justice through which the state enforces its sovereignty
rights and powers.
It is a board or tribunal which decides a litigation or contest.
It is an entity or body in which judicial power is vested.
It is a tribunal vested with apart of judicial power to hear and determine legal controversies.

Court and Judge distinguished.

A court is an incorporeal entity composed of one or more judges. It has a personality
separate and distinct from the men who compose it. A judge alone does not necessarily
constitute a court for while he is indispensable part, he is only a part of the court.

4. Correction. In the Philippines, if a convicted offender is sentenced to a term of imprisonment, the

Bureau of Corrections assumes responsibility for his or her supervision. The offender’s file that
contains details from the crime, court case and sentence, victim impact statement,
recommendations for treatment and services during the period of incarceration and personal
information, is utilized as a basis for offender classification
The purpose of classification is to place the offender in the most incarceration setting (minimum,
medium, maximum or super maximum facility). The BuCor houses the offender for his or her period
of incarceration; implements and monitors work, educational and treatment activities available
to inmates; and coordinates any release into the community with paroling authorities.
-The weakest pillar

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5. Community. The last pillar of the Philippine CJS; it is where a person (prisoner), after service of his or
her sentence is released into. Community is a place where a ell developed person after having
ben enlightened in prison starts a new life.

The first four pillars constitute the Formal part of the Criminal Justice System, being officially part
of the duly constituted government. The fifth or Community pillar is the informal part of the CJS, as it is
not part of the official government. All the pillars and both the Formal and the Informal parts play a
very important and crucial roles in making the Criminal Justice System work effectively in combating
and reducing crime.

Definition of Justice
According to Ginsberg, justice in the broadest sense consists the ordering of human relations in
accordance with general principles impartially applied. It is the observance of one’s right.
Rosset and Cressey say justice is accomplished by criminal justice agents who are flexible.
Therefore, not everyone is treated alike, and what is just depends upon the circumstances of an act.
A just punishment for a crime depends upon variables associated with the act, not only with the crime
itself.
Justice according to its legal definition is a standard of action on the part of public officials in
accordance with the entire body of law.

The Criminal and Criminal Law.

Notably, the principal character of the Criminal Justice System is the offender or criminal. Who
is a criminal? According to Shonle Cavan, he defines criminal as a person who confessed too or
been convicted by trial court of violation of criminal law.
Criminal law is that branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.

Summarily therefore, a person can be branded a criminal under the following circumstances:
1. He must have committed the crime.
2. He must have been apprehended and investigated by the police.
3. By virtue of sufficient physical evidence and testimonies of witnesses, he must have been
arrested.
4. Due to presence of prima facie evidence, the case was remanded to the court by the
prosecutor for trial.
5. There was an arraignment.
6. There was a trial.
7. The offender was found guilty.
8. A sentence was rendered by the court.
9. The convict was confined in prison.
10. The convict has fully served his sentence in prison.

Crime
It is the core wherein the components of the system evolve. It is the substance of the system
which determines the nature and degree of involvement of the different components. Without
crime the quest for justice lacks substance.
When the term crime is mentioned, a vast array of concepts presents itself to the mind of the
individual, including law enforcement, punishment, rehabilitation, probation, parole, and in general,
a whole range of subjects, including the detection of crime, apprehension of the criminal, the
conviction of the criminal and the punishment and possible rehabilitation of the criminal.
Crime as to its legal concept are acts that are in violation of criminal law; acts or omission
punishable by law as enumerated in the Revised Penal Code otherwise known as the code of crime.

Crime is an act committed or omitted in violation of public law forbidding or commanding it.

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 The process of criminal justice system.
1. The Police are responsible of gathering evidence and arresting the law offender.
2. The Prosecutor is responsible for evaluating evidence, which the police gathered, and deciding
whether it is sufficient to the warrant filing charges against the allege accused.
3. The Defense lawyer, whether privately retained or provided by the government, are responsible for
defending the accused.
4. The Judge, during trial, is an arbitrator in court who ensures that defenses evidence, examining and
cross-examining witnesses.
5. The Judge at the end of the trial renders the decision.
*6. The Probation officer conducts pre-sentence investigation, which Judges will make use of in the
determination of sentence; also supervise convicted offender placed on probation.
*7. The Offender, if convicted and sentence, the prison system received and keeps them until the
parole board grants them parole or they have completed their sentence.
*8. Finally, the Parole department assists released prisoners in their returns to the community.

CHAPTER 5
Gender and Development

GENDER ROLE DEVELOPMENT

In the Philippines, human source is considered one of the most important assets of an
organization. Both males and females constitute the workforce. Whatever are their statuses and roles
in life and in the workplace, both men and women affect the organization either positively or
negatively. To achieve excellence and high productivity, an organization has to exert effort in
empowering its workforce.

GENDER EMPOWERMENT

Republic Act 7192 which was approved on November 18, 1992 is an act promoting the role of
women in national development. Women are regarded as full and equal partners of men in
development, hence the law mandates that all government agencies in the national level- state
colleges included- must allot 5% of their budget to Gender and Development (GAD) which refers to
the activities or programs designed to empower the human resource including women. These
activities and programs should be consolidated in a GAD plan for empowerment. Empowerment
means training the workers to improve their quality of life, their performance at work and their
adaptability to cope with any situation, eventually making them competent and productive in their
fields of endeavor.

Gender and Development (GAD)

This approach focuses on the socially constructed basis of differences between men and
women and emphasizes the need to challenge existing gender roles and relations.

GAD in the Household

• CHILD REARING
• Manipulation- Handling boys and girls differently even as infants
i.e pink for baby girl; blue for baby boy
• Canalization- people direct children’s attention to gender-appropriate objects
i.e cooking toys for girls; toy guns for boys
dolls for girls; toy cars for boys
We are teaching children their prescribed roles in life will be, and familiarizing them with the
“appropriate” tools of the trade.

SELF-DETERMINATION- you, yourself, should be the one who will determine what/who you are;
not the society

• VERBAL APPELLATION- consists telling children what they are.

i.e. Boys do not cry.
Girls should act modest.

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 • ACTIVITY EXPOSURE- familiarization with gender appropriate tasks
i.e Girls are encouraged to help their mothers in doing households

These gender stereotypes create conflict in the home.

GAD in the Community and Wider Society

-“BLAMING THE VICTIM” syndrome

(Society teaches don’t get rape rather than don’t rape)

-MASS MEDIA
Consistently portrays women as housewives or worse emotionally dependent martyrs, victims or
scheming villainesses.

-Advertising uses images to convey or reinforce gender stereotypes.

-In selling products, they are not only asking people to buy the product, but also to buy into the
imagery.
-For instance, females are shown as wives, daughters or mothers, whose joy is to feed their
families, keep their houses clean, and see sons and husbands off to work.
-Women are dehumanized, portrayed as commodities and sexual objects to be used and
discarded, while men are shown “pursuing” women in a variety of profession or sports.

GAD in Religion
Gender process occurs through
• Doctrines
• Structure or Hierarchy
• Symbolism
And sometimes through unofficial religious interpretation

GAD in the Curriculum

• Differences in disciplining boys and girls
• Differences in terms of the subject offered, such as electives or practical arts (i.e. home
economics, cooking and sewing for girls; carpentry or automotive repairs for boys)
• Images in text books and visual aids (i.e. men are pictured with neckties, as engineers, lawyers
or sports enthusiasts; while women are pictured as housewives who cook, clean, and raise
children)

GAD in the Workplace

• HR policies and practices – recruitment, implementation of existing laws (sexual harassment,
Magna Carta, breastfeeding, solo parents, etc)
• Assignment of work roles and positions held
• Disparity in salaries
• In/consideration of womne’s condition (marital status, number of children)
• Double standards (wearing of heeled-shoes, short skirts)

Chapter 6
GAD Implementation

Gender and Development Implementation in Philippine CJS

Law Enforcement Pillar
Prosecution Pillar
Court Pillar
Correction Pillar

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Reference:

Gender and the Criminal Justice System by Ayesha King

Gender Sensitivity Training (live stream) by UP Open University
Emma Watson speech on Gender Equality
Philippine Criminal Justice System Notes Compiled by Sammy S. Estoque
General Sociology Book

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