SOCIAL LEGISLATION

State Solicitor Erika Frances S. Buluran

 WOMEN'S RIGHTS
IN THE PHILIPPINES
Basic Concept of Human Rights
“Human rights are what reason requires and
conscience demands. They are us and we are
them. Human rights are rights that any
person has as a human being. We are all
human beings; we are deserving of human
rights. One cannot be true without the other.”
- Kofi Annan, UN Secretary General
 WOMEN'S RIGHTS
IN THE PHILIPPINES
Universal Declaration
of Human Rights

Article 1. All human beings are born free and

equal in dignity and rights. They are
endowed with reason and conscience and
should act towards one another in a spirit of
brotherhood/sisterhood.
 WOMEN'S RIGHTS
IN THE PHILIPPINES
Universal Declaration
of Human Rights

Article 7. All are equal before the law and

are entitled without any discrimination to
equal protection against any discrimination in
violation of this Declaration and against any
incitement to such discrimination.
 WOMEN'S RIGHTS
IN THE PHILIPPINES
Characteristics of Human Rights
●
Universal – all the people in the world are
entitled to them
●
Inalienable
●
Indivisible
●
Inherent
 WOMEN'S RIGHTS
IN THE PHILIPPINES
3 Tiers of Human Rights
1st Gen – Civil and Political Rights
●

●
2nd Gen – Socio-Economic Rights
●
3rd Gen – Community and Group
Rights
 1 Generation International
st

Women Human Rights

International Covenant on Civil and Political
Rights (Dec. 16, 1966)
Art. 26 – All persons are equal before the law and
are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall
prohibit any discrimination and guarantee to all
persons equal and effective protection against
discrimination on any ground such as race, colour,
sex, language, religion, political or other opinion,
national or social origin, property, birth or other
status.
 2 Generation International
nd

Women Human Rights

International Covenant on Economic, Social
and Cultural Rights (Dec. 16, 1966)
Art. 26 – All persons are equal before the law and
are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall
prohibit any discrimination and guarantee to all
persons equal and effective protection against
discrimination on any ground such as race, colour,
sex, language, religion, political or other opinion,
national or social origin, property, birth or other
status.
 3 Generation International
rd

Women Human Rights

Convention on the Elimination of All

Forms of Discrimination Against
Women (CEDAW)
(Dec. 18, 1979)
 CEDAW
CEDAW seeks to eliminate discrimination
against women in all its forms and
manifestations- often referred to as the
International Bill of Women's Human Rights,
with 186 State Parties, making it as one of the
highly ratified international human rights
treaties.
Adopted – Dec. 18, 1979
Effective – Sept. 3, 1981
 CEDAW

3 Principles of CEDAW
●
Substantive equality
●
Non – discrimination
●
State Obligation
 CEDAW

SUBSTANTIVE EQUALITY –
Interpreted by the CEDAW Committee
as de facto equality (actual equality)
where women are given equal
opportunities, equal access to
opportunities and an enabling
environment to achieve equal results.
 CEDAW
CHALLENGES TO SUBSTANTIVE
EQUALITY
●
Formal equality – men and women are seen
as similar and thus provided with same
treatment
●
Protectionist Approach – assumes that
women are weaker than men and therefore
require protection. Women are restricted and
their rights are ignored to keep them safe
 WOMEN'S RIGHTS
IN THE PHILIPPINES
Discrimination – distinction,
exclusion, or restriction made on the
basis of sex, which has the effect or
purpose of impairing or nullifying the
recognition, enjoyment, or exercise by
women of their human rights (Art, 1,
CEDAW)
 CEDAW
NON-DISCRIMINATION

●
Emphasis on action or omission that is
discriminatory if it has the effect or purpose
of discriminating against women
 CEDAW
DIFF. FORMS OF DISCRIMINATION
PROHIBITED UNDER CEDAW
1. Direct Discrimination – actions or
omission that has the purpose of
discriminating against women like unequal
retirement age, unequal inheritance,
terminating employment on the basis of
marriage, etc.
 CEDAW

2. Indirect Discrimination – actions or

omission that has the “effect” of
discriminating women even if there was no
intention of doing so. The act or omission
may appear neutral or even beneficial for
women but its effect or impact can be
discriminatory
 CEDAW

3. Multiple Discrimination – in addition to

suffering from discrimination directed against
them as women, they also suffer
discrimination based on additional grounds
like race, ethnic or religious identity,
disability, age, social class, or other factors.
 WOMEN'S RIGHTS
IN THE PHILIPPINES
Women's Rights as part of Human
Rights
MultipleDiscrimination
Expansion of Human Rights
“Women are One Half of the World”
 CEDAW

STATE OBLIGATION – Only the state is

accountable under the CEDAW, although the
responsibility to ensure equality and
eliminate discrimination must be observed by
state and non-state actors.
 CEDAW

STATE OBLIGATION
1. Obligation of Means – the signatory state
undertakes to comply with the specific means
of implementation of CEDAW
2. Obligation of Results – the signatory state
is obligated to ensure that the measures
chosen result in the elimination of
discrimination
 CEDAW
Recommended Means under Art 2, CEDAW
1. Embody principles of equality in national constitutions and laws
2. Prohibit discrimination through legislation and other means
3. Establish legal protection of women
4. Refrain from discrimination
5.Elimination discrimination by any private actors
6.Modify or abolish discriminatory laws, regulations, customs and
practices
 MAGNA CARTA FOR
WOMEN
State Obligations under RA 9710 - Magna
Carta for Women
1. Protection of women against
discrimination
2. Protection of women from violence
3. Providing women with avenues for
participation and representation
 MAGNA CARTA FOR
WOMEN
Sec. 2. Declaration of Policy
The State condemns discrimination against
women in all its forms and pursues by all
appropriate means and without delay the
policy of eliminating discrimination against
women in keeping with the CEDAW and
other international instruments consistent
with Philippine Law (RA 9710 - The Magna
Carta for Women)
 MAGNA CARTA FOR
WOMEN
Sec. 2. Declaration of Policy
The State shall accord women the rights,
protection, and opportunities available to
every member of the society.
The State affirms women's rights as human
rights and shall intensify its efforts to fulfill
its duties under international and domestic
law to recognize, respect, protect, fulfill, and
promote all human rights and fundamental
freedoms of women...
 MAGNA CARTA FOR
WOMEN
Sec. 4. Definition
b. Discrimination Against Women refers to any
gender-based distinction, exclusion, or
restriction which has the effect or purpose of
impairing or nullifying the recognition,
enjoyment, or exercise by women, irrespective
of their marital status on a basis of equality of
men and women, of human rights and
fundamental freedoms in the political,
economic, social, cultural, civil, or any other
field.
 MAGNA CARTA FOR
WOMEN
Sec. 4. Definition
Discrimination Against Women includes any act
or omission, including by law, policy,
administrative measure, or practice that directly
or indirectly excludes or restricts women in the
recognition and promotion of their rights and
their access to and enjoyment of opportunities,
benefits, or privileges.
 MAGNA CARTA FOR
WOMEN
Reiteration of State Obligations Under the
Magna Carta for Women
a. Refrain from discriminating against women and
violating their rights;
b. Protect women against discrimination and from
violation of their rights by private corporations, entities,
and individuals; and
c. Promote and fulfill the rights of women in all spheres,
including their rights to substantive equality and non-
discrimination.
MAGNA CARTA FOR
WOMEN

Measures to eliminate discrimination

against Filipino women under the
Magna Carta for Women
 MAGNA CARTA FOR
WOMEN
Sec. 15. Women in the Military
The State shall pursue appropriate measures to eliminate
discrimination of women in the military, police, and other
similar services, including revising or abolishing policies
and practices that restrict women from availing of both
combat and non-combat training that are open to men, or
from taking on functions other than administrative tasks,
such as engaging in combat, security-related or field
operations.
 MAGNA CARTA FOR
WOMEN
Sec. 16. Non-discriminatory and Non-
derogatory Portrayal of Women in Media and
Film.
The State shall formulate policies and programs for the
advancement of women in collaboration with government
and non-government media-related organizations. It shall
likewise endeavor to raise the consciousness of the general
public in recognizing the dignity of women and the role
and contribution of women in the family, community, and
the society through the strategic use of mass media
 MAGNA CARTA FOR
WOMEN
Sec. 19. Equal Rights in All Matters Relating to
Marriage and Family Relations -
The State shall take all appropriate measures to eliminate
discrimination against women in all matters relating to
marriage and family relations and shall ensure:
a. the same rights to enter into and leave marriages or
common law relationships referred to under the Family
Code without prejudice to personal or religious beliefs;
 MAGNA CARTA FOR
WOMEN
b. the same rights to choose freely a spouse and to enter
into marriage only with their free and full consent. The
bethrotal and the marriage of a child shall have no legal
effect.
c. the joint decision on the number and spacing of their
children and to have access to the information, education
and means to enable them to exercise these rights;
d. the same personal rights between spouses or common
law spouses including the right to choose freely a
profession and an occupation.
 MAGNA CARTA FOR
WOMEN
e. the same rights for both spouses or common law
spouses with respect to the ownership, acquisition,
management, administration, enjoyment, and disposition
of property;
f. the same rights to properties and resources, whether
titled or not, and inheritance whether formal or customary;
and
g. women shall have equal rights with men to acquire,
change, or retain their nationality.
 MAGNA CARTA FOR
WOMEN
g. women shall have equal rights with men to
acquire, change, or retain their nationality.
●
The State shall ensure that neither marriage to an
alien nor change of nationality by the husband
during the marriage shall automatically change the
nationality of the wife, render her stateless or force
upon her the nationality of the husband
●
customary laws may be respected, provided they
do not discriminate against women.
 MAGNA CARTA FOR
WOMEN
Specific Positive Obligations to Eliminate
Discrimination
Sec. 12. Equal Rights Treatment Before the Law
-
The State shall take steps to review and, when
necessary, amend and/or repeal laws that are
discriminatory to women within (3) years from the
effectivity of this Act.
 MAGNA CARTA FOR
WOMEN
Sec. 13. Equal Access and Elimination of
Discrimination in Education, Scholarships, and
Training
The State shall ensure that gender stereotypes and
images in educational materials and curricula are
adequately and appropriately revised. Gender-
sensitive language shall be used at all times.
 MAGNA CARTA FOR
WOMEN
Sec. 13. Equal Access and Elimination of
Discrimination in Education, Scholarships, and
Training
b. Enrollment of women in non-traditional skills
training in vocational and tertiary levels shall be
encouraged.
 MAGNA CARTA FOR
WOMEN
Sec. 13. Equal Access and Elimination of
Discrimination in Education, Scholarships, and
Training
NB c. Expulsion and non-readmission of women
faculty due to pregnancy outside of marriage shall be
outlawed. No school shall turn out or refuse admission
to a female student solely on the account of her having
contracted pregnancy outside of marriage during her
term in school.
 MAGNA CARTA FOR
WOMEN
Sec. 14. Women in Sports
The State shall develop, establish and strengthen programs
for the participation of women and girl-children in
competitive and non-competitive sports as a means to
achieve excellence, promote physical and social well-
being, eliminate gender-role stereotyping and provide
equal access tot he full benefits of development for all
persons regardless of sex, gender identity, and other
similar factors.
 MAGNA CARTA FOR
WOMEN
Sec. 14. Women's Right to Health
The State shall, at all times, provide for a
comprehensive, culture-sensitive and gender-
responsive health services and programs covering
all states of a woman's life cycle and which
addresses the major causes of women's mortality
and morbidity.
*without prejudice to the woman's religious convictions, the
right of the spouses to found a family in accordance to their
religious practices and demands of parenthood
 MAGNA CARTA FOR
WOMEN
Sec. 14. Women's Right to Health
Provided further that the women shall be protected
from hazardous drugs, devices, interventions and
substances.
 MAGNA CARTA FOR
WOMEN
Sec. 14. SPECIAL LEAVE BENEFITS FOR
WOMEN
A woman employee having rendered continuous aggregate
employment service of at least six (6) months for the last
twelve (12) months shall be entitled to a special leave
benefit of two (2) months with full pay based on her gross
monthly compensation following surgery caused by
gynecological disorders.
 MAGNA CARTA FOR
WOMEN
GENDER EQUITY - policies, programs and
actions that are designed to address the
disadvantaged position of women in society by
providing preferential treatment and affirmative
action. It is a temporary special measure aimed at
accelerating the the de facto equality between men
and women, but in no way maintain the unequal or
separate standards.
MAGNA CARTA FOR
WOMEN

Protection of Women under the

Magna Carta
 MAGNA CARTA FOR
WOMEN
The State shall give priority to the defense and
protection of women against gender-based offenses
and help women attain justice and healing
(Sec. 9)Violence Against Women - any act of
gender-based violence that results in or is likely to
result in physical, sexual, or psychological harm or
suffering to women, including threats of such acts,
coercion, or arbitrary deprivation of liberty, whether
occuring in public or private life.
 MAGNA CARTA FOR
WOMEN
Ways of Committing Violence Against Women:
1. Through Physical, sexual, psychological and
economic violence occurring in the family,
including battering, sexual abuse of female
children in the household, dowry-related violence,
marital rape, and other traditional practices harmful
to women, non-spousal violence, and violence
related to exploitation;
 MAGNA CARTA FOR
WOMEN
Ways of Committing Violence Against Women:
2. Physical, sexual, psychological and economic
violence occurring within the general community,
including rape, sexual abuse, sexual harassment,
and intimidation at work, in educational institutions
and elsewhere, in trafficking of women and
prostitution.
3. Physical, sexual, and psychological violence
perpetrated or condoned by the State (Sec. 4)
 MAGNA CARTA FOR
WOMEN
Ways of Committing Violence Against Women:
2. Physical, sexual, psychological and economic
violence occurring within the general community,
including rape, sexual abuse, sexual harassment,
and intimidation at work, in educational institutions
and elsewhere, in trafficking of women and prostitution
3. Physical, sexual, and psychological violence
4. perpetrated or condoned by the State (Sec. 4)
MAGNA CARTA FOR
WOMEN

Providing Avenues for Participation

and Representation for Women
 MAGNA CARTA FOR
WOMEN
Providing Avenues for Participation and
Representation for Women:
A. Increase in the recruitment and training of
women who can assist victims of gender-based
violence in the following areas of service:
1. Police Force
2. Forensics and medico-legal services
3. Social work services
 MAGNA CARTA FOR
WOMEN
Providing Avenues for Participation and Representation
for Women:
A. Institution of following affirmative action mechanisms
for a more meaningful participation by women in
the formulation, implementation and evaluation of
policies and programs in governance:
1. Empowerment within the Civil Service –
increase in the number of women in 3rd level
positions to 50-50 ratio
 MAGNA CARTA FOR
WOMEN
2. Increase of women membership in Developmental
Councils and Planning Bodies to at least 40%
Inclusion of Women's Group as delegates in special
and decision-making bodies, whether international or
local.
3. Integration of women in political parties, provide
incentive for adoption of women's agenda, and encourage
women integration in leadership hierarchy, internal
policy-making structures, appointive and electoral
nomination process
 MAGNA CARTA FOR
WOMEN
GENDER MAINSTREAMING – Strategy to implement
the Magna Carta, where women's and men's concerns
and experiences are integrated in the design,
implementation, monitoring and evaluation of policies
and programs in all political, economic, and societal
spheres so that women and men benefit equally and
inequality is not perpetuated. It is the process of
assessing the implications for women and men of any
planned action, including legislation, policies, or programs
in all areas and at all levels (Sec. 25)
 MAGNA CARTA FOR
WOMEN
All departments of the National Government, including
their attached agencies, offices, bureaus, state
universities and colleges, GOCC's, local government
units and other government instrumentalities are
mandated to adopt gender mainstreaming as strategies
to promote women's human rights and eliminate gender
discrimination in their systems, structures, policies,
programs, processes and procedures (Sections 4, 36)
 MAGNA CARTA FOR
WOMEN
Gender and Development (GAD)
and GAD Committees -
GAD refers to the development perspective and process that
are participatory and empowering, equitable, sustainable,
free from violence, respectful of human rights, supportive
of self-determination and actualization of human potentials.

●
GAD Committees – Committees that are created to
conduct planning, budgeting, monitoring and evaluation
of GAD Programs addressing gender issues and concerns
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
Declaration of Policy (Sec. 2)
●
To uphold the dignity of workers, employees, applicants
for employment, students or those undergoing training,
instruction or education. All forms of sexual harassment
in the employment, education or training environment are
hereby declared unlawful.
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
WHO CAN COMMIT SEXUAL
HARASSMENT (Sec. 3)
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.
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
SEXUAL HARASSMENT IN WORK-RELATED
ENVIRONMENT
(1) The sexual favor is made as a [a] condition in the hiring
or in the employment, re-employment or continued
employment of said individual, or in [b]granting said individual
favorable compensation, terms, conditions, promotions, or
privileges; or the [c] 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;
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
SEXUAL HARASSMENT IN WORK-RELATED
ENVIRONMENT

(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.
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
OF SEXUAL HARASSMENT IN WORK-RELATED ENVI

ueezing Domingo's shoulders, running his fingers across her neck

having inappropriate conversations with her, giving her money al
nses with a promise of future privileges, and making statements
exual overtones (Rayala v. Office of the President, et al., G.R. No
008).
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
SEXUAL HARASSMENT IN EDUCATION AND
TRAINING ENVIRONMENT

who is under the care, custody or supervision of the offender;

whose education, training, apprenticeship or tutorship is entrusted

 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
SEXUAL HARASSMENT IN EDUCATION AND
TRAINING ENVIRONMENT
grade, or the granting of honors and scholarships or the payment

ve environment for the student, trainee or apprentice.

 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
OTHER PRINCIPALS IN
SEXUAL HARASSMENT

rects or induces another to commit any act of sexual

or who cooperates in the commission thereof by ano
ould not have been committed, shall also be held liab
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
PRIMARY DUTIES OF EMPLOYER
OR HEAD OF OFFICE

he commission of acts of sexual harassment; and

dures for the resolution, settlement or prosecution of acts of

 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
DUTIES OF EMPLOYER OR HEAD OF OFFICE

designated representatives, prescribing the procedure for the

ns.
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
DUTIES OF EMPLOYER OR HEAD OF OFFICE

mmittee on decorum and investigation (CODI)

exual harassment. The committee shall conduct meetings,
may be, with officers and employees, teachers, instructors, p
nors and students or trainees to increase understanding and
ents of sexual harassment.
onduct the investigation of alleged cases constituting sexual
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
DUTIES OF EMPLOYER OR HEAD OF OFFICE

ployer or head of office, educational or training institution

eminate or post a copy of this Act for the information of all co
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
CODI COMPOSITION

he management,
om the rank and file employees.

om the administration, the trainors, teachers, instructors, pro

 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
LIABILITIES FOR SEXUAL HARASSMENT

R HEAD OF OFFICE, EDUCATIONAL OR TRAINING INSTITUT

e for damages arising from the acts of sexual harassment co
ment, education or training environment if the employer or he
r training institution is informed of such acts by the offended
on is taken thereon. (Sec. 5)
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)
LIABILITIES FOR SEXUAL HARASSMENT

hing in this Act shall preclude the victim of work, education or training-
nd independent action for damages and other affirmative relief.
n one (1) month nor more than six (6) months,
10,000) nor more than Twenty thousand pesos (P20,000), or both fine
 RA 7877 (ANTI-SEXUAL
HARASSMENT LAW)

sanctions shall not be a bar to

n the proper courts for unlawful acts of sexual harass
 RA 9262 (VAWC LAW)

Violence against women and their children" refers to any act or a

series of actscommitted 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 (Sec. 3).
 RA 9262 (VAWC LAW)

WHO CAN BE HELD LIABLE

FOR VIOLATION OF RA 9262

1. Spouse, whether legal or common-law;

2. Any person who has or had a dating/sexual
relationship with the offended woman
3. Former spouse
4 Man with whom the offended woman has a common
child (Sec. 3[a]).
And in addition,
5. Parents-in-law (Tan v. Go-Tan, et al., G.R. No. 168852,
6. Sept. 30, 2008)
 RA 9262 (VAWC LAW)
I. "Physical violence" - acts that include bodily or
harm.

"Battery" refers to an act of inflicting physical harm upon

the woman or her child resulting to physical and psychological
or emotional distress.

"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. (Sec. 3[a]), correlate with (Sec. 3[4] [b])
*People v. Genosa, GR No. 13581, Jan. 15, 2004
 RA 9262 (VAWC LAW)
II. "Sexual violence" - acts that are sexual in nature

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;
 RA 9262 (VAWC LAW)
II. "Sexual violence" - acts that sexual in nature

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 her child.

 RA 9262 (VAWC LAW)
III. "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 [a.] intimidation, harassment,
stalking, damage to property, public ridicule or humiliation,
repeated verbal abuse and marital infidelity. It includes
causing or allowing the victim to[b.] witness the physical,
sexual or psychological abuse of a member of the family
to which the victim belongs, or to [c.] witness porno-
graphy in any form orto [d.] witness abusive injury to
pets or to [e.] unlawful or unwanted deprivation
of the right to custody and/or visitation of common
children.
 RA 9262 (VAWC LAW)

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 victim's own money or properties or

solely controlling the conjugal money or properties.
 RA 9262 (VAWC LAW)

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;
 RA 9262 (VAWC LAW)

(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 to 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.
 RA 9262 (VAWC LAW)

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.
(b) If these acts resulted in mutilation, it shall be
punishable in accordance with the Revised Penal Code;
 RA 9262 (VAWC LAW)

SECTION 8. Protection Orders. —

A protection order is an order issued under this Act for
the purpose of preventing further acts of violence against
a woman or her child specifiedin Section 5 of this Act
and granting other necessary relief.
The relief granted under a protection order should serve
the purpose of safeguarding the victim from further harm,
minimizing any disruptionin the victim's daily life, and
facilitating the opportunity and ability of the victim
to independently regain control over her life.
 RA 9262 (VAWC LAW)

KINDS OF PROTECTION ORDERS

1. barangay protection order (BPO);

2. temporary protection order (TPO); and
3. permanent protection order (PPO).

NB: The issuance of a BPO or the pendency of an

application for BPO shall not preclude a petitioner
from applying for, or the court from granting a TPO
or PPO.
- See reliefs under Sec. 8, pars. A-h, note well pars. C, D, and E
 RA 11313

SAFE SPACES ACT

Declaration of Policy
- It is the policy of the State to value the dignity of every human
person and guarantee full respect for human rights.

- The State also recognizes that both men and women must have
equality, security and safety not only in private, but also on the
streets, public spaces, online, workplaces and educational and
training institutions.
 SAFE SPACES ACT

IMPORTANT TERMS

Catcalling refers to unwanted remarks directed towards a

person, commonly done in the form of wolf-whistling and
misogynistic, transphobic, homophobic, and sexist slurs;

Employer refers to a person who exercises control over an

employee: Provided, That for the purpose of this Act, the status
or conditions of the latter’s employment or engagement shall be
disregarded;
 SAFE SPACES ACT
Gender refers to a set of socially ascribed characteristics,
norms, roles, attitudes, values and expectations identifying
the social behavior of men and women, and the relations
between them;

Gender-based online sexual harassment refers to an online

conduct targeted at a particular person that causes or likely
to cause another mental, emotional or psychological distress,
and fear of personal safety, sexual harassment acts including
unwanted sexual remarks and comments, threats, uploading
or sharing of one’s photos without consent, video and audio
recordings, cyberstalking and online identity theft;
 SAFE SPACES ACT
Gender identity and/or expression 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.

TRANSGENDER - A person may have a male or female identity with

physiological characteristics of the opposite sex.

Public spaces refer to streets and alleys, public parks, schools,

buildings, malls, bars, restaurants, transportation terminals, public
markets, spaces used as evacuation centers, government offices,
public utility vehicles as well as private vehicles covered by app-
based transport network services and other recreational spaces
such as, but not limited to, cinema halls, theaters and spas
 SAFE SPACES ACT
Stalking refers to conduct directed at a person involving the
repeated visual or physical proximity, non-consensual com-
munication, or a combination thereof that cause or will likely
cause a person to fear for one’s own safety or the safety of others,
or to suffer emotional distress.
 SAFE SPACES ACT
GENDER-BASED ACTS PUNISHED UNDER THE LAW

1. Sexual harassment in streets and public spaces

2. Sexual harassment in malls, restaurants, cafes, bars,
and other recreational establishments
3. Sexual harassment in public utility vehicles
4. Sexual harassment in streets and public spaces
Committed by minors (treated as children in conflict
With the law)
5. Online Sexual Harassment
6. Stalking
7. Sexual Harassment in the Workplace
 SAFE SPACES ACT
SPECIFIC ACTS PUNISHED UNDER THE LAW
1. cursing, wolf-whistling, catcalling, leering and intrusive gazing,
taunting, pursing, unwanted invitations, misogynistic, transphobic,
homophobic, and sexist slurs, persistent unwanted comments on
one’s appearance, relentless requests for one’s personal details
such as name, contact and social media details or destination,
the use of words, gestures or actions that ridicule on the basis of
sex, gender or sexual orientation, identity and/or expression
including sexist, homophobic, and transphobic statements and
slurs, the persistent telling of sexual jokes, use of sexual names,
comments and demands, and any statement that has made an
invasion on a person’s personal space or threatens the person’s
sense of personal safety
 SAFE SPACES ACT
PENALTY FOR MALICIOUS/SEXIST ACTS
1. First offense - fine of ₱1,000.00 and community service of 12 hours
inclusive of attendance to a Gender Sensitivity Seminar to be conducted
by the PNP in coordination with the LGU and the PCW;

2. Second offense – imprisonment of arresto menor (6 to 10 days) or

fine of Three thousand pesos (₱3,000.00);

3. Third offense - arresto menor (11 to 30 days) and

fine of Ten thousand pesos (₱10,000.00).
 SAFE SPACES ACT
LECHEROUS ACTS
Making offensive body gestures at someone, and exposing private parts for
the sexual gratification of the perpetrator with the effect of demeaning,
harassing, threatening or intimidating the offended party including flashing of
private parts, public masturbation, groping, and similar lewd sexual actions –
 SAFE SPACES ACT
PENALTY FOR LECHEROUS ACTS
1. First offense - fine of ₱10,000.00 and community service of 12 hours
inclusive of attendance to a Gender Sensitivity Seminar to be conducted
by the PNP in coordination with the LGU and the PCW;

2. Second offense – imprisonment of arresto menor (11 to 30 days) or

fine of Fifteen thousand pesos (₱15,000.00);

3. Third offense - arresto mayor (1 month and 1 day to 6 months) and

fine of Twenty thousand pesos (₱20,000.00).
 SAFE SPACES ACT
ONLINE SEXUAL HARASSMENT
Using information and communications technology in terrorizing and
intimidating victims through physical, psychological, and emotional threats,
unwanted sexual misogynistic, transphobic, homophobic and sexist remarks
and comments online whether publicly or through direct and private messages,
invasion of victim’s privacy through cyberstalking and incessant messaging,
uploading and sharing without the consent of the victim, any form of media that
contains photos, voice, or video with sexual content, any unauthorized recording
and sharing of any of the victim’s photos, videos, or any information online,
impersonating identities of victims online or posting lies about victims to harm
their reputation, or filing, false abuse reports to online platforms to silence victims.
 SAFE SPACES ACT
PENALTY FOR ONLINE SEXUAL HARASSMENT
1. Prision correccional medium period OR fine not less than
Php100,000.00 but not more than Php500,000.00
2 years, 4 months and 1 day to 4 years, 2 months

2. Juridical persons – revocation of license or franchise to operate + personal

criminal liability of its officers, editor, reporter, station manager, or
broadcaster

3. Where offender is a foreigner – deportation after serving prison sentence

and payment of fine
 SAFE SPACES ACT
QUALIFYING CIRCUMSTANCES
(a) If the act takes place in a common carrier or PUV, including, but not limited
to, jeepneys, taxis, tricycles, or app-based transport network vehicle services,
where the perpetrator is the driver of the vehicle and the offended party is a
passenger;

(b) If the offended party is a minor, a senior citizen, or a PWD, or a breastfeeding

mother nursing her child;

(c) If the offended party is diagnosed with a mental problem tending to impair consent;

(d) If the perpetrator is a member of the uniformed services, such as the PNP
and the Armed Forces of the Philippines (AFP), and the act was perpetrated
while the perpetrator was in uniform; and

(e) If the act takes place in the premises of a government agency offering
frontline services to the public and the perpetrator is a government employee.

A
 SAFE SPACES ACT
PENALTY FOR QUALIFIED GENDER-BASED
PUBLIC OR ONLINE SEXUAL HARASSMENT

Prision Correccional Maximum Period

4 years, 2 months, 1 day to 6 years

 SAFE SPACES ACT
SEXUAL HARRASMENT IN THE WORKPLACE
(a) An act or series of acts involving any unwelcome sexual advances, requests
or demand for sexual favors or any act of sexual nature, whether done verbally,
physically or through the use of technology such as text messaging or electronic
mail or through any other forms of information and communication systems, that
has or could have a detrimental effect on the conditions of an individual’s
employment or education, job performance or opportunities;

(b) A conduct of sexual nature and other conduct-based on sex affecting the
dignity of a person, which is unwelcome, unreasonable, and offensive to the
recipient, whether done verbally, physically or through the use of technology
such as text messaging or electronic mail or through any other forms of information
and communication systems;
 SAFE SPACES ACT
SEXUAL HARRASMENT IN THE WORKPLACE
(c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile
or humiliating environment for the recipient: Provided, That the crime of gender-
based sexual harassment may also be committed between peers and those
committed to a superior officer by a subordinate, or to a teacher by a student,
or to a trainer by a trainee; and

NOTE:
• Old concept of sexual harassment
• Information and communication system refers to a system for generating,
sending, receiving, storing or otherwise processing electronic data messages or
electronic documents and includes the computer system or other similar devices
by or in which data are recorded or stored and any procedure related to the
recording or storage of electronic data messages or electronic documents.
 SAFE SPACES ACT
DUTIES OF EMPLOYERS AND EMPLOYEES

EMPLOYER – prevent, deter, punish commission of gender-based sexual

Harassment in the workplace by: posting a copy of the law, conduct anti-
Sexual harassment seminars in the office, create a CODI, and provide a code
Of conduct in the workplace

EMPLOYER – 1. Refrain from committing gender-based sexual harassment;

2. Discourage gender-based sexual harassment; 3. Provide emotion or social
Support to fellow employees; and REPORT acts of gender-based sexual
Harassment witnessed in the workplace