IGNACIO, REGINE NOELLE B. LL B Section I A LAWS FOR WOMEN I. Constitutional Provisions 1.

Article II, Section 14, 1987 Constitution

JULY 1, 2013

The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. 2. Article XIII, Section 14, 1987 Constitution The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. II. Legislative Statutes/ Republic Acts 1. Republic Act 7192: Women in Development and Nation Building Act 2. Republic Act No. 9262: "Anti-Violence Against Women and Their Children Act of 2004 3. Republic Act 10354: The Reproductive Health Act of 2012 Responsible Parenthood and

An Act providing for a National Policy on Responsible Parenthood and Reproductive Health 4. Republic Act 9710: Magna Carta of Women The Magna Carta of Women is a comprehensive women's human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in the marginalized sectors. 5. Republic Act 7160: Local Government Code of 1991 The Local Government Code has been amended to provide representatives for women in all of the 1,600 local legislative assemblies (Sangguniang Panlalawigan, Sangguniang Panlungsod,

Sangguniang Bayan and Sangguniang Barangay) nationwide. This is consistent with the 1987 Constitution recognizing women's vital role in nation-building. 6. Republic Act 10398: An Act Declaring November Twenty-Five Of Every Year As National Consciousness Day For The Elimination Of Violence Against Women And Children" 7. Republic Act 7077: Citizen Armed Forces or Armed Forces of the Philippines Reservist Act In compliance with the constitutional policy of equality before the law of men and women, Article X of this law provides that women shall have the right and duty to serve in the Armed Forces of the Philippines. The standards shall apply to both women and men except for essential adjustments because of physiological differences between them. 8. Republic Act No. 10361: Domestic Workers Act or Batas Kasambahay 9. Republic Act 6955: Anti-Mail Order Bride Law The law declares unlawful the matching of Filipino mail-order brides to foreigners. It penalizes the business of matching Filipino women for marriage to foreign nationals either through personal introduction as well as through advertisement, publication, printing or distribution of brochure and flyers, through membership in clubs created for matching Filipinas to foreign nationals and, through the use of the postal service. 10. Republic Act 7877: Anti-Sexual Harassment Act of 1995 11. Republic Act 8353: Anti-Rape Law of 1997 12. Republic Act 8505: Rape Victims Assistance and Protection Act of 1998 13. Republic Act 3815: Article 245 of the Revised Penal Code The law provides that abuse against chastity is committed by any public officer who shall solicit or make immoral advances to a woman interested in matters pending before such office for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or by any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. A penalty of prison correctional in its

medium and maximum periods and special disqualification shall be imposed on the offender. 14. Republic Act 8171

temporary

This Act provides repatriation to: - Filipino women who have lost their citizenship by marriage to aliens, and
-

Natural-born Filipinos who have lost their citizenship on account of political or economic necessity provided that he/she is not opposed to organized government, not teaching or defending violence, and of good moral and mental standing.

15. Republic Act 7882: Provision of Assistance to Women Engaging in Micro and Cottage Business Enterprises, and for other purposes 16. Republic Act 7875: National Health Insurance Act of 1995 The NHI Law establishes the Philippine Health Insurance Corporation (PhilHealth) and also aims to improve the implementation and coverage of the old Medicare program by including the self-employed and the poor who cannot otherwise avail of health insurance. This law sets priority for the needs of the underprivileged, sick, elderly, disabled, women, and children. 17. Republic Act 7688 This gives representation to women in the Social Security Commission. 18. Republic Act 7655 It increases the minimum wage of domestic househelpers and makes social security available to them. This is beneficial to women because most househelpers are women. Househelpers can now be members of the Social Security System and avail of its benefits. 19. Republic Act 7322: Increasing Maternity Benefits in Favor of Women Workers in the Private Sectors 20. Republic Act 6949: National Women's Day It directs all heads of government agencies and employers in the private sector to encourage and afford sufficient time and opportunities for their employees to engage and participate in any activity to celebrate National Women's Day. 21. Republic Act 6725

It strengthens the prohibition of discrimination against women in employment, promotion and training opportunities. 22. Republic Act 6675: Generics Act of 1988 It protects medicine users, a majority of whom are women, from exorbitant cost of medicines by giving them a choice to choose from different brands of medicine. It also adopts a new population policy that goes beyond fertility reduction to include family formation, women's status, identified campaign against AIDs, including its integration in the school curriculum. III. Executive Orders, Presidential Decrees 1. Executive Order No. 208: Further Defining the Composition, Powers and Functions of the National Commission on the Role of Filipino Women Executive order that strengthens the mandate, and further defines function and composition of the National Commission on the Role of Filipino Women signed by the Former President Fidel V. Ramos on 10 October 1994 2. Executive Order No. 273: Approval and Adoption of Philippine Plan for Gender-Responsive Development, 1995-2025 An executive order on the approval and adoption of the Philippine Plan for Gender-Responsive Development, 1995-2025 signed on 08 September 1995 by the Former President Fidel V. Ramos 3. Executive Order No. 268: Amending Executive Order No. 208 (s.1995) "Further defining the composition, powers and functions of the National Commission on the Role Of Filipino Women An executive order amending Executive Order No. 208 (s. 1995) Entitled Further Defining the Composition, Powers and Functions of the National Commission on the Role of Filipino Women 4. Executive Order No. 348: Approval and Adoption of the Philippine Development Plan for Women for 1989 to 1992 Executive order that approves and adopted the Philippine Development Plan for Women for 1989 to 1992 signed by the Former President Corazon C. Aquino on 17 February 1989. 5. Presidential Decree No. 1043

This Act amends Section I of RA 3835 by providing that unless the female officers or enlisted woman has completed at least three years of service with the Armed Forces of the Philippines, she can still be automatically separated from service. The above provision would still have to be tested against specific constitutional policies and the provisions of RA 6725. 6. Presidential Decree No. 1906 This presidential decree amends the charter of the Philippine veterans Bank and renames it the Philippine Military and Veterans Bank. It defines the following terms: "veteran or veterans", "military personnel" and "retirees and prisoners". This has relation to Filipino women because widows and orphans or compulsory heirs will benefit from the shares of stock of the veterans. 7. Presidential Decree No. 633: Creating the National Commission on the Role of Filipino Women Presidential Decree that creates the National Commission on the Role of Filipino Women as an advisory body to the President in formulating policies on increased contribution by women in national development, review and evaluate extent of women's integration in all sectors of economic life and make recommendations which would guarantee the enjoyment by women and men of full equality. Signed on 07 January 1975 IV. Circulars and Ordinances, Proclamations

1. Memorandum Circular No. 48, s. 2013 - directing all concerned government agencies to adopt the gender equality guidelines in the development of their respective media policies and implementing programs in order to promote gender mainstreaming, in pursuant of Sections 14 and 24, Article II, of the 1987 Philippine Constitution 2. DILG Memorandum Circular 2012-61 Guidelines in the establishment and management of a referral system on Violence Against Women (VAW) at the local government unit level. DILG issuance recommending the adoption/ implementation of the Guidelines in the establishment and management of a referral system on Violence Against Women (VAW) at the local government unit level. 3. CHED Memorandum s.2011

Memorandum from the CHED Chairperson directing all heads of all public and private higher education institutions, CHED commissioners, the CHED Executive Director and the CHED Central and Regional Office Directors to submit reports on compliances to Republic Act No. 7877 otherwise known as the "Anti-Sexual Harassment Act of 1995 4. Proclamation No. 1172: 18 Day Campaign to End Violence against Women Declaring November 25 to December 12 of every year as the "18 Day Campaign to End Violence against Women 5. Proclamation No. 1105: National Rural Womens day Declaring October 15, 1997, and of every year thereafter, as National Rural Women's Day 6. CSC Memorandum Circular No. 30, s. 1994 Policy on sexual harassment in the workplace 7. Proclamation No. 227 Providing for the observance of the month of March as "Women's Role in History Month" 8. Proclamation No. 224 Declaring the first week of March of every year as "Women's Week" and March 8, 1988 and every year thereafter as "Women's rights and International Peace Day" To what extent are these laws practiced or implemented here in the Philippines? Although numerous laws were enacted primarily for upholding the right of Philippine women especially against violence, quoting senator reelect, Loren Legarda, it is still one of the gender-related challenges Philippine society faces. Women empowerment has been the call of leaders and various womens rights groups in almost every part of the world. The Philippine Senate has crafted many gender-sensitive laws as well as measures that uphold the rights of women, said Legarda in a statement. She further contends that the presence of female legislators in the Philippines has been helpful in creating more gender-sensitive legislations.

This, however, is just one phase in the States efforts in upholding Filipinas rights. More compelling is the need of our laws to be strictly and faithfully implemented. In a case study regarding violence against women in the Philippines, existing data indicate that violence against women (VAW) is a pervasive social problem. Due to the sensitivity of the issues and its impact on women and their families, many cases of violence against women often go unreported. Initiatives and programs have been made by the government to eliminate the concurrence of such violence, but key challenges are still to be addressed. Some of these include, the passage of critical legislation regarding the issue, strict monitoring and implementation of existing laws, gender-sensitizing trainings for the law enforcers, and the cooperation of the civilians in the governments war against violence. Sample Case The Anti-Violence Against Women Act or R.A. 9262 is challenged by the Rosalie Garcia case, which is a petition filed by a husband in the Supreme Court attacking the constitutionality of the Anti-Violence Against Women and Their Children Act of 2004 on the grounds that a) it violates the Equal Protection Clause because it protects the rights of women only, b) it violates his right to due process of law because he is deprived of his property (he can be removed from the house and a vehicle may be given to the woman regardless of ownership) through an ex parte TPO, and c) it is an undue delegation of judicial power to the barangay (village) officials who have the power to issue the Barangay Protection Order. It is hoped that the ruling of the Supreme Court in this case would lay to rest the issues that continue to be used to erode the effectiveness of the law, and will give us the jurisprudence that women need as a weapon for ending gender inequality and eliminating violence against women.
Sources: "Philippine Commission on Women." Laws, Issuances and Other Legislation on Women. N.p., n.d. Web. 29 June 2013. <http://pcw.gov.ph/laws>. "National Statistics Office." Q & A: Constitutional and Legislative Provisions on Violence Against Women. N.p., n.d. Web. 29 June 2013. <http://www.census.gov.ph/content/q-constitutional-and-legislative-provisionsviolence-against-women>. "Violence Against Women(VAW): The Philippine Case." N.p., 15 December 2005. Web. 29 June 2013. PDF File. Pangilinan, Rei. "Women in PH Still Face Serious Challenges." ABS-CBNnews.com. N.p., 6 June 2013. Web. 29 June 2013. <http://www.abscbnnews.com/nation/06/05/13/women-ph-still-face-serious-challenges>. Guanzon, Rowena. "Laws on Violence against Women in the Philippines." N.p., n.d. Web. 29 June 2013. <http://www.un.org/womenwatch/...legislation.. /EGMGPLVAW%20Paper%20(...)>