Introduction chenes chenes

When PARPO Gay asked me to be the speaker in this year’s

celebration of International Women’s Month, my mind immediately went
back to those forums discussing women’s rights and gender equality
which I have attended in the last three years during my stay in the
department. Maybe you are thinking that because I am a lawyer, the
focus will be on the laws protecting women like the Anti Violence Against
Women, Safe Spaces Act, to mention a few. However, since I previously
attended the said forums, I opt to divert the focus from the laws and try
to share a different and fresher view on gender equality.

My theme for today’s session is Women in Changing Times

This forum is composed of three parts.
I. Brief History of Women’s Movement in the Philippines
II. Updates Jurisprudence Upholding Gender Equality
III. #HeforShe Movement (global solidarity movement for gender equality)

I. The Brief History of women’s movement in the Philippines

Based on the article “Feminism and the Women's Movement in

the Philippines written by Hega, Aporha and Evangelista” the functions
of women in the society varies in every era.

a. During the Pre-colonial times, women function as Babaylan.

 Babaylans are spiritual leaders in a barangay and was mostly

concerned with culture, religion, which were crucial to the
conduct of pre-colonial Philippine society.

 The babaylan was not subservient to the datu, in fact they

worked together on important social activities. Being the
spiritual leader, the babaylan was in charge of rituals,
including those of agricultural significance. She determined
 the right time to clear the land, as well as the planting and
harvest cycle.

 They were also in charge of medicine; acting as a community

doctor or healer.

b. In Hispanic Philippines: Women wear Chains of Chastity.

 With the arrival of the Spaniards, the status of the babaylan

was drastically transformed, as they and their philosophy
were seen as a threat to the colonizers' religious beliefs, the
Christian faith. The Spanish friars demonized them and
claimed that the babaylan were endowed with powers from
the black magic.
 The Friars but also took control of their bodies. Women’s
sexuality was suppressed and controlled through practices
like the confession as the friars had indoctrinated
prohibitions of adultery and labeled other sexual activities as
sinful, unclean and thus, must be confessed to a priest.
 The concept of Maria Clara was born.

c. During the Philippines revolution, women were Sisters in Arms.

They were Revolutionaries, suffragists and guerillas.
 Women collected funds for the war and treated wounded
revolutionary soldiers.

 Aside from this, women also led troops into battles

themselves. Women who actually fought in the battlefield
during the Filipino-American war hailed from various parts of
the country like Aguada Kahabagan of Laguna, Trinidad
Tecson of Bulacan, and Teresa Magbanua of Iloilo. Despite
women’s participation in the revolution, they were still
vulnerable to abuse in a society due to the patriarchal and
feudal mindset.

 1935 Constitution, "The National Assembly shall extend the

right of suffrage to women, if in a plebiscite which shall be
held for that purpose within two years after the adoption of
 this Constitution, not less than three hundred thousand
women possessing the necessary qualifications shall vote
affirmatively on the question. The women's right to suffrage
was approved in a plebiscite on April 30, 1937 with a record
90% in affirmative votes.

 During the Second World War, Filipino women were subjected

to war crimes. A number of them became comfort women and
became victims, not just of rape but of the heavier crime of
sexual slavery.

 (Dayangdayang / Felipa Culala ) She led a successful ambush

of combined Japanese and Filipino forces, killing some 30- 40
Japanese forces and 68 Filipino police, and capturing their
armaments.

d. 1ST EDSA Revolution-

 Corazon “Cory” Aquino became the face of resistance during
the EDSA Revolution

 During President Aquino’s Administration, there was a growing

concern to improve the conditions of women. This resulted in the
enactment of important laws, like the

7192 Women in Development and Nation Building Act provided

the legal basis for equal opportunities for women;

7322 - Act increasing maternity benefits in favor of women

workers in the private sector

7600 - Rooming-in and Breast-Feeding Act that provides

incentives to all government and private health institutions with
rooming-in and breastfeeding practices
 II. Updates Jurisprudence

A. Supreme Court, through Justice Leonen allows legitimate child to

use mother’s surname
MANILA — A legitimate child can now choose to go by the surname of
either parent, the Supreme Court ruled, recognizing “the fundamental
equality of women and men before the law” and invoking the State's duty
to "dismantle" patriarchy. 

In a decision dated November 11, 2020 but released only recently, the
Supreme Court Third Division granted Anacleto Ballaho Alanis III’s plea
to use his mother’s surname, Ballaho, and change his first name to
“Abdulhamid” to avoid confusion.

In 2008, RTC Zamboanga denied his petition, saying the use of a

different name is not a valid ground for change of name. It also ruled
that under the Family and Civil codes, legitimate children shall
principally use their fathers’ surnames.

After going through a series of procedural missteps, the case reached the
Supreme Court, which liberally applied procedural rules to grant
Ballaho’s petition.

The Court, speaking through Associate Justice Marvic Leonen, said the
trial court was wrong in interpreting Art. 364 of the Civil Code, which
states that “legitimate and legitimated children shall principally use the
surname of the father,” to mean that only the father’s surname can be
used.

“Indeed, the provision states that legitimate children shall ‘principally’

use the surname of the father, but ‘principally’ does not mean
‘exclusively.’ This gives ample room to incorporate into Art. 364 the State
policy of ensuring the fundamental equality of women and men before
the law, and no discernible reason to give it,” it said.

The Court cited Article II, section 14 of the Constitution on equality of

women and men as well as the country’s signing of the Convention on
the Elimination of All Forms of Discrimination Against Women in 1980
and the passage into law of Republic Act No. 7192 or the Women in
Development and Nation Building Act to highlight the Philippines’
commitment to ensure gender equality.
“Article II, Section 14 implies the State’s positive duty to actively
dismantle the existing patriarchy by addressing the culture that supports
it,” it said.

This is not the first time the Supreme Court interpreted Art. 364 of the
Civil Code in this manner, citing as basis the 1980 case of Alfon v.
Republic. 

But in that case, the high court allowed petitioner to use the surname of
her uncle who raised her in order to avoid confusion since she had been
using it in school.

The rules on change of names have changed since then but avoiding
confusion remains one of the grounds.

The high court used this rule to also allow Ballaho to change his first
name to Abdulhamid, the name known to his family and friends and
which he had used from grade school until finishing his law degree.

Enumerating some of its previous rulings, the Supreme Court rejected

the trial court’s reasoning that changing Ballaho’s name would only
create more confusion as it could supposedly trigger inquiries on his
parentage and/or paternity.

“This Court fails to see how the change of name would create more
confusion. Whether people inquire deeper into petitioner's parentage or
paternity because of a name is inconsequential here, and seems to be
more a matter of intrigue and gossip than an issue for courts to
consider,” it said, saying his father’s identity still appears in his birth
certificate.

The Supreme Court said the trial court’s reasoning was unduly
restrictive, highly speculative and contrary to the spirit and mandate of
the Constitution, the Convention and the law previously cited.

IN the Philippines, divorce is not recognized

B. Filipina married to a foreigner can now file for divorce under the
foreign law

Read original art 26

Paragraph 2 of Article 26 confers jurisdiction on Philippine courts

to extend the effect of a foreign divorce decree to a Filipino spouse
 without undergoing trial to determine the validity of the dissolution
of the marriage.20 It authorizes our courts to adopt the effects of a
foreign divorce decree precisely because the Philippines does not
allow divorce.

Republic of the Philippines vs Manalo

The respondent was married to a Japanese national. The couple

filed for divorce in Japan. The respondent then petitioned to cancel
the entry of marriage in the Civil Registry of San Juan, Metro
Manila, as she was no longer married to her Japanese husband.
The Regional Trial Court denied the petition ruling that the divorce
obtained by the respondent in Japan cannot be recognized, due to
Article 15 of the New Civil Code, which “does not afford Filipinos
the right to file for a divorce, whether they are in the country or
living abroad if they are married to Filipinos or to foreigners, or if
they celebrated their marriage in the Philippines or in another
country.” In addition, unless Filipinos are naturalized citizens of
another country, Philippines law controls matters of family rights
and duties, including marriages. The Court of Appeals overturned
the Regional Trial Court decision, holding that Article 26 of the
Family Code of the Philippines is applicable, even if it was the
respondent who filed for divorce. Because the Japanese husband is
now no longer married to the respondent, it would be unjust to still
consider the respondent to be married to him. The Supreme Court
partially affirmed the Court of Appeals decision. The Court noted
that the burden was on the respondent to prove the divorce was
validated by Japanese law as well as her former husband’s capacity
to legally remarry. Thus, the case was remanded to the court of
origin for further proceedings and for consideration of evidence
presented regarding Japanese law on divorce.

 Paragraph 2 of Article 26 violates one of the essential requisites of

the equal protection clause. Particularly, the limitation of the
provision only to a foreign divorce decree initiated by the alien
spouse is unreasonable as it is based on superficial, arbitrary, and
whimsical classification. On the contrary, there is no real and
substantial difference between a Filipino who initiated a foreign
divorce proceedings to a Filipino who obtained a divorce decree upon
the instance of his or her alien spouse.
  The idea of the amendment is to avoid the absurd situation of
a Filipino as still being married to his or her alien spouse, although
the latter is no longer married to the former because he or she had
obtained a divorce abroad that is recognized by his or national law. 

 The aim was that it would solved the problem of many Filipino
women who, under the New Civil Code, are still considered married
to their alien husbands even after the latter have already validly
divorced them under their (the husbands') national laws and
perhaps have already married again.

Laws

 Anti-Sexual Harassment Act of 1995 (RA No. 7877)

-The proponent of the sexual harassment shall be with authority,
influence and moral ascendancy over the victim
- must be done in W E T environment (Work, Education, Training)
-in order to apply, there must be a request for sexual favor
-does not include cyber space
 Safe Spaces Act (RA No. 11313)
-an inferior may be a proponent of the act; any one can be an
offender. Need not to be done in a W E T environment.
-includes sexist, homophobic and transphobic remarks so long as
they are uninvited remarks; cat calling
-include cyber space
 Anti-Violence against Women and their Children Act (RA No. 9262)

- (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

 105-Day Expanded Maternity Leave Law (R.A. 11210)

 This law covers female workers in the public and private
sectors, including those in the informal economy, and entitles
them to 105 days of maternity leave paid at 100 percent of their
average daily salary credit . The law also provides for an
additional 15 days of paid leave if the female worker qualifies as
a solo parent under the  Solo Parent Welfare Act of 2000 ,
(total 120) with an option to extend for an additional 30 days
without pay.

 The law increases the daily maternity leave benefit from the
initial 60 days for normal delivery, or 72 days for caesarian
delivery, to 105 days, regardless of the type of delivery.

 In case of a miscarriage or an emergency termination of

pregnancy, the entitlement is 60 days of paid maternity leave.
The law further expands maternity leave to every instance of
pregnancy, miscarriage, or emergency termination, regardless of
frequency, from the previous limit of the first four deliveries or
miscarriages.

 Moreover, a female worker entitled to maternity leave may, at

her option, allocate up to seven days of the paid leave to the
child’s father, in addition to the benefits granted to him under
the Paternity Leave Act of 1996  (if applicable), whether or not
he is married to the female worker . In case of death, absence,
 or incapacity of the father, the benefit may be allocated to an
alternate caregiver, who may be a relative within the fourth civil
degree of consanguinity or the current partner of the female
worker sharing the same household.

 To be entitled to the above maternity leave benefits, a pregnant

female worker in the private sector must have (i) paid at least 3
months’ contributions in the 12-month period immediately
preceding the semester of her childbirth, miscarriage, or
emergency termination of pregnancy ; and (ii) notified her
employer of her pregnancy and the probable date of her
childbirth.

 Employers that fail to comply with the provisions of the law are
subject to a fine of not less than 20,000 pesos (PHP) nor more
than PHP 200,000 and/or imprisonment for not less than 6
years and 1 day nor more than 12 years, as well as the non-
renewal of business permits.

Let me end this part by saying that we are lucky, as

Filipinos, in terms of our country’s way of addressing the problem
of gender equality. According to Asia Foundation, the Philippines
is a bright spot in Asia with regard to the status of women.
According to the Global Gender Gap Report of 2014, the Philippines
is ranked ninth in the world in terms of gender parity and was the
only Asian country (except for New Zealand and Australia) in the
global top 50. It was also the top-ranked country in the world in
terms of educational attainment, as well as in health and survival
of women. Women are also more heavily represented in business in
the Philippines than in neighbouring countries.

According to a 2019 report by Unicef, which analysed which

of the world’s richest countries are most family friendly, at the
bottom of the table was the United States – which, with a grand
total of zero weeks, was the only country in the analysis that
offered absolutely no national maternity, paternity or parental
leave.
 Watch the video gender inequality mela and Jacob and the killer
bride

What did you learn from the videos?

III. #HeforShe Movement-

Although there are laws protecting women, the same is usually

not being exercised as women are silenced by societal norms.

So what are these norms?

In the video shown, the societal norm is that women are in

charge of maintaining the household and caring for their young.
Men, on the other hand, are responsible for bringing an income into
the family.

However, these social norms may be harmful and may lead to

domestic violence. This is so because men perceive themselves as
strong and privileged as compared to women because they bring food
to the table. Hence, men feel that they are entitled to whatever, like
demanding sexual contact with their wives/partners at any time, or
physically hurting her and then blame her afterwards saying that it
is her fault. Because she is not good enough.

The efforts of the women in maintaining the household, having

no economic value (because unpaid / labor of love) are often
neglected and unappeciated. (trabaho mo man talaga yan, ano ta
mapasalamat ako)

Domestic violence, is fueled by inequality, ego, and power

caused by these norms.

However, at present, the same is not anymore true. We now

have house husbands. They care for the family while the wife or
female partner earns a living or in gainfully employed.

I remember when I was in high school, I often saw this father

and daughter during lunchbreak where the father would always
braid the hair of her daughter and change her sweaty clothes in
preparation for the afternoon classes. And I remember observing
other parents/ yayas casting their disapproving and insulting stares
to the father as if saying that, that is not your job, it is the job of the
mother/ woman.

Minsan mahiringhingan pa “ano yan bakla?”

Later, I learned that his wife was an OFW and he was left to
take care of their child.

In that situation, where the societal norms are being violated by

reason of gender role reversion, the people can be unaccepting and
judgmental. While in fact, we should start normalizing the fact that
the roles of men and women are not exclusive. We should accept that
women may and can earn a higher income than their husbands, and
that is alright. If it means that it will keep the family financially
afloat then what is wrong with that?

Sometimes, these societal norms cause families to break when

the expectations set by the society are not being met. For example,
the man’s ego will be hurt because his wife is earning more than him
then he would label his wife as bossy and aggressive but in reality,
the wife is just trying to help provide for the family. Then they will
have fights about it then when they are tired of each other, they will
decide to part ways. However, such should not be the case. Men and
women shall perceive each other as equals. No gender is more
entitled than the other. Therefore, they must respect each other
instead of being proud and feeling entitled. After all, in these trying
times, survival is far more important than pride or ego.

The reverse is also true, a woman can be quite an incessant

nagger when the husband fails to remit his income. Although she did
not earn it, since she is maintaining the household, she will demand
a huge chunk of her husband’s money.

Although if the husband voluntarily remits to the wife his

earning, well we will have no problem. May consent!

So what can we do to address these harmful norms?

#Heforshe movement - Def. global solidarity movement for gender
equality. When we look back in time, we often correlate gender equality
and women empowerment with man hating or the struggle to be
recognize as the better specie. (arin mas matibay, lalaki- babae) Well this
must stop.

We all should put an end to all the hate between men and women.
Instead, the two genders shall unite for the purpose of achieving gender
equality. This time, both sexes, men and women shall be involved.

We should educate and raise a generation wherein women are

not ranked based on their looks and men are not ranked based on
how much money they make or how strong they are. All should be
ranked based on their essential contributions to the society and their
efforts in maintaining the household and caring for the family
regardless of their gender. Parents shall teach their sons that it is
okay to express their feelings, to be sensitive, to not like sports and
sometimes to observe things along the sidelines. Whereas daughters
shall be taught that it is okay if they are aggressive,
strong/masculine (hydilyn diaz), opinionated and take the lead. As
these things will not make them any less of a woman or a man. Allow
the kids to be human and to be true to themselves and not just to fit
into the mold the society has created.

If present and future parents will raise a generation of equals,

then the society will thrive and domestic violence will be lessened.

Before I end, let me borrow the words of Ms. Emma Watson in

her UN speech for the #HeforShe movement. If not me, WHO? If not
now, WHEN?

Let us spread and apply the word. Thank you.