Gender and Society: Eimee D. Potato, LPT, Edd Lanie N. E. Avelino, LPT, Ma

MODULE
GENDER
and SOCIETY
EIMEE D. POTATO, LPT, EdD

LANIE N. E. AVELINO, LPT, MA
GENDER AND SOCIETY

Gender and Society (Module GEE 102) lnea
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MODULE FOUR
PRELIMINARIES
Module Title: Module Four – POLITICAL – LEGAL PERSPECTIVES IN GENDER AND

SEXUALITY
Course Title: Gender and Society
Course Number: GEE 102
Course Description:
This course Gender and Society is an initial attempt to consolidate the body of knowledge on sex,
gender and human sexuality as a social reality. While sex and anything related to it are usually
deemed as a controversial topic to discuss, our experience as helping professionals in various fields
has convinced us that there is a need to engage in discussions and conversations about human
sexuality and how societies view and make sense of it.
In the field of education, a robust understanding of gender issues and concerns provides an anchor in
making the classroom an inclusive one, with due appreciation of the diversity and individual
uniqueness of learners and everyone involved in the educative process. In the field of health, having
a clear gender lens allows us to design gender-responsive interventions that gear towards people’s
well-being. There can never be a genuine well-being if we set aside the gender and sexuality
dimensions of the human person. In the field of law, understanding gender and sexuality as an
essential component of human behavior and motivation helps us advocate for policies and programs
that promote and protect human rights and equity. Surely, a through appreciation of principles,
frameworks, and concepts in gender and sexuality is not limited to the aforementioned fields only,
but to any other fields of inquiry too, as you will see in this module.
Total Learning Time: 20 HOURS
Pre-requisites: N/A
OVERVIEW
This course is divided into five units: (1) Gender and Sexuality as a Social Reality; (2) Biomedical
Perspective; (3) Psychosocial Perspective; (4) Political-Legal Perspective; and (5) Cross-Cutting
Issues. While this approach deserves a whole new tone on its own, in a nutshell, it focuses on the
interrelationship between the human person and the environment (biophysical and sociocultural). in
the context of gender and sexuality, we believe that to have a human ecological view is integral to
appreciate that human sexuality is an interaction among various components: (a) the biomedical
aspect such as anatomy and physiology of the human male and the human female, the process of
reproduction, and all other related topics; (b) the psychosocial aspect, such as the
affective/emotional, cognitive, behavioral experiences and manifestations of our human sexuality,
both as individual and as part of the group (e.g., family, community), and (c) the political-legal aspect
such as how human societies and laws position women, men, and LGBTQ+ in their policies and
programs for governance and nation building.
LEARNING OUTCOMES
This course/module made a concerted effort to achieve the following learning outcomes;
 Understand the definition of gender-based violence, other related terms, its forms and
consequences;
 Understand gender-based violence as a human right issue;
 Determine the relationship between human rights and gender-based violence; and
 Determine perpetrators, survivors, and victims in gender-based violence;

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 Know about the various Philippine Laws affecting women;
 Identify the various rights of women;
 Understand the impact of these laws and rights to the Filipino women and society;
 Discuss the important provisions of VAWC Act or RA 9262;
 Understand the details of its commission and comprehend actual cases involving RA 9262;
 Determine the various Philippine Laws and policies for protection of rights of members of
LGBTQ+;
 Identify the different Anti-Discriminatory Laws and policies;
 Know the acts leading to violations of these laws and policies;
 Understands the issues on human rights violations and discrimination on the basis of SOGIE;
 Understand the impact of human rights violations and discrimination to the Filipinos society;
 Formulate activities and programs to address these human rights violations and discrimination on the
basis of SOGIE;
 Understand fully the various theoretical perspectives on Sexual Harassment;
 Distinguish the various theoretical perspectives on Sexual Harassment from each other;
 Understand the laws of the Philippines on Sexual Harassment in the academe and in the
workplace;
 Understand fully the principle, model, and concept of WID, WAD and GAD and distinguish their
differences;
 Determine the importance of these three principles to national development;
 Understand fully gender and inequality in marriage and criminal laws;
 Determine the status of gender and inequality in selected provisions of these laws;
 Assess provisions on the proposed same sex marriage legislations;
INDICATIVE CONTENT
CHAPTER 4 – POLITICAL-LEGAL PERSPECTIVES IN GENDER AND SEXUALITY
Lesson 1. Gender-Based Violence: Survivor, Victim, Perpetrator and Human Rights

Lesson 2. Gender-Based Violence: Power, Use of Force, and Consent
Lesson 3. Women and the Law
Lesson 4. Violence Against Women and their Children Act or RA No. 9262
Lesson 5. Laws and Policies on Violence and Discrimination of the Members of LGBTQ+
Lesson 6. Discrimination on the Basis of Sexual Orientation Gender Identity and Expression (SOGIE) in the
Philippines
Lesson 7. Understanding Sexual Harassment
Lesson 8. Women’s Issues in Development
Lesson 9. Gender Inequality in Marriage and Criminal Laws
Lesson 10. Critique on the Reasonable Parenthood and Reproductive Health Act of 2012, RA No. 10354, also
known as RH Law
DISSCUSSION
Lesson 1. Gender and Sexuality as a Psychosocial Issue
Definition of Terms
Gender-Based Violence – any harmful act that is perpetuated against a persons’ will and that is based on
socially ascribed (gender) differences between males and females (inter0agency Standing Committee Guidelines
for Integrating Gender-Based Violence in Interventions in Humanitarian Action 2015).
INTRODUCTION
Gender-Based Violence is one of the most widespread and human rights abuses, but least recognized in the
world. It refers to any harm perpetrated against a person’s will on the basis of gender, socially ascribed
differences between males and females.
Gender-Based Violence is devastating consequences not only for victims, but also for society as a whole. It
results in physical, sexual and psychological harm to both men and women and includes any form of violence or
abuse that the targets men or women on the basis of their sex.

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In the Philippines, Gender-Based Violence has clearly been placed in the realm of women’s human rights over the
past decade. Prior to 1993, most governments regarded violence against women largely as a private matter
between individuals. (Loi et.al 1999).
Gender-Based Violence experienced by women and girls refers to battering and other forms of intimate partner
violence including marital rape, sexual violence, dowry-related violence, female infanticide, sexual abuse of
female children in the household, honor crimes, early marriage, forced marriage, female genital cutting and other
traditional practices harmful to women, sexual harassment in the workplace and educational institutions,
commercial sexual exploitation, trafficking of girls and women, and violence perpetrated against domestic
workers.
Gender-Based Violence cuts across public and private spheres, including: home, school and work and tales place
during peacetime and conflict. It is both human rights and a development issue, with negative consequences for
both women and men.
CONSEQUENCES OF GENDER-BASED VIOLENCE
These consequences include serious, immediate and long-term impacts on the sexual, physical and psychological
health of survivors. Health consequences include unwanted pregnancies, complications form unsafe abortions,
sexually transmitted infections including HIV, injuries, mental health, and psychosocial effects (depression,
anxiety, post-traumatic stress, suicide and death). Violence also affects children’s survival, development and
school participation.
Social consequences extend to families and communities. Families can also be stigmatized as a consequence of
gender-based violence. For example, when children are born following a rape, or if family members choose to
stand by a survivor, fellow members of their community may avoid them. Economic consequences include the
cost of public health and social welfare systems and the reduced ability of many survivors to participate in social
and economic life.
SURVIVOR, VICTIM, and PERPETRATOR
Survivor – is the preferred term (not a “victim” of a person who has lived through an incident of gender-based
violence. A perpetrator is a person, group, or institution that inflicts, supports or condones violence or other
abuse against a person or group of persons. Characteristics of perpetrators include:
a. Persons with real or perceived power;
b. Persons in decision-making positions; and
c. Persons in authority.
In all incidents of GBV, there is always a survivor/victim and perpetrator. Therefore, all actions in the prevention
and responses to GBV need to address both the survivor and the perpetrator.
Remember: The words we use to communicate a message to people who are listening. Survivor is the preferred
term for those who have lived through a GBV incident. A perpetrator is a person who commits an act on GBV.
There might be only one perpetrator, or there might be more. In any act GBV, there is survivor and a
perpetrator. All actions in prevention must address potential survivors and potential perpetrators. Also, all actions
in response need to address both the survivor and the perpetrator.
HUMAN RIGHTS
Human Rights are universal, inalienable, indivisible, interconnected and interdependent. Everyone is entitled to
all rights and freedoms without distinction of any kind, such as race, color, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status.
Prevention of and response to gender – based violence is directly linked to the protection of human rights. Acts
of gender-based violence violate a number of human rights principles enshrined in international human rights
instruments and in our Philippine Constitution. These include the following, amongst others:
 The right to life, liberty and property of persons;

 The right to the highest attainable standard of physical and mental health;
 The right to freedom from torture or cruel, inhuman, or degrading treatment or punishment;
 The right to freedom of opinion and expression and education;
Lesson 2. Gender-Based Violence: Power, Use of Force, and Consent
POWER

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Perpetrators can have “real” or “perceived” power. Some examples of different types of powerful people are the
following:
a. Social – peer pressure, bullying, leader, teacher, parents;
b. Economic – the perpetrator controls money or access to goods/ services/ money/ favors;
sometimes the husband or the father;
c. Political – elected leaders, discriminatory laws, President of the United States;
d. Physical – strength, size, use of weapons, controlling access or security; soldiers, police, robbers,
gangs;
e. Gender-Based (social) – males are usually in a more powerful position than females; and
f. Age-Related – often, the young and elderly people have the least power.
Power is directly related to choices. The more power one has, there are more choices available. The less power
one has, fewer choices are available. Unempowered people have fewer choices and are therefore, more
vulnerable to abuse. GBV involves the abuse of power. Unequal power relationships are exploited or abused.
USE of FORCE/VIOLENCE
“Force” might be physical, emotional, social, or economic in nature. It may also involve coercion or pressure.
Force also includes intimidation, threats, persecution, or other forms of psychological or social pressure. The
target of such violence is compelled to behave as expected or to do what is being requested, for fear of real and
harmful consequences.
Violence consists of the use of physical force or other means of coercion such as threat, inducement, or promise
of a benefit to obtain something from a weaker or more vulnerable person. Using violence involves forcing
someone to do something against her/his will – use of force.
INFORMED CONSENT
Consent means saying “yes”, agreeing to something. Informed consent means making an informed choice freely
and voluntarily by persons in an equal power relationship. Acts of GBV occur without informed consent. Even if
she says “yes”, this is not true consent because it was said under duress – the perpetrator(s) used some kind of
force to get her to say yes. Children under age 18 are deemed unable to give informed consent for acts such as
female genital cutting FGC, marriage, sexual relation, etc.
CYCLE OF VIOLENCE
The cycle of violence refers to repeated acts of violence in a relationship. It starts with minor incidents and
moves on to more serious levels of violence. The cycle of violence may start in a child who is a victim or witness
to violence and may be repeated when the child becomes an adult. The impact of being a victim or a witness to
violence on a child is traumatic. It can make a child scared, unhappy, lonely, lose self-confidence, blame
themselves, lose sleep and pick up fights with peers. Children should understand that having conflicts is alright,
but resolving conflicts through violence is not right. When children understand that violence is not acceptable,
they will grow up into adult who respect other people.
Lesson 3. Women and the Law
Definition of Terms
The 1987 Constitution – the fundamental law of the country upon which all the laws are anchored or based
on;
Magna Carta of Women – the main law enshrining all the rights of women and their roles in building the
nation; and
Nation Building – collaborative efforts and means to establish and develop the country.
THE 1987 CONSTITUTION
The Philippines is known for its very liberal and progressive Constitution that was formulated during the euphoria
of People Power Revolution in 1986. Gender equality is a key element of this charter and as enshrined in article
II Section 14 of the 1987 Constitution “the state recognizes the role of women in nation-building and shall ensure
the fundamental equality before the law of women and men”.
Considering the unequal gender relations in the country, the Constitution further provided for women
representation (as one of the nine marginalized sectors) in the legislature through the party-list system (which
should cover 20% of the lower house).
Finally, Article 13, Section 14 specifically mentioned that the “State shall protect working women by providing
safe and healthful working conditions, taking into account their maternal functions, and such facilities and

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opportunities that will enhance their welfare and enable them to realize their full potential in the service of the
nation”.
These specific provisions served as bases to several legislations about women. As a result, laws of women
became aplenty, anchored from the constitutional provisions mentioned. The lack or sufficiency of these specific
provisions depends on the existing and current need of the country.
VARIOUS LAWS PROMOTING GENDER EQUALITY
The legal framework provided for by the 1987 Constitution results to various legislations promoting gender
equality. These legislations include the following:
 Local Government Code of 1991. Provides for election of sectoral representation, including women,
in local legislative councils.
 Party List Law. Provides for the creation of women-oriented or women-based parties to compete
under the party-list system. Women is one of the nine sectors identified in the law.
 Labor Code (1989). Covers issues such as night work prohibition, specifies that employers must
provide special facilities for women, prohibition of discrimination against women in respect to terms and
conditions of employment and prohibition of discrimination by reasons of marriage of a woman worker.
 Women in Nation Building Law. Republic Act 7192 (1991) is an act promoting the integration of
women as full and equal partners of men in development and nation building. The low provides that a
substantial portion of government resources be utilized to support programs and activities for women.
The law also encourages the full participation and involvement of women in the development process
and to remove-gender bias in all government regulations and procedures. In relation to gender
budgeting, the law specifically mandated all agencies to allocate a minimum of 5%, increasing to 30%,
of all official development funds in mainstreaming gender concerns.
 1988 Comprehensive Agrarian Reform Law. Gave Filipino women the right to own land that
previously reverted to sons and other family members.
 Republic Act 7688 (1994). An act giving representation to women in social security commission.
 Anti-Sexual Harassment Law. RA 7877 (1995). An act declaring sexual harassment to be unlawful
in the employment, education, or training environment.
 Republic Act 7822 (1995). An act providing assistance to women engaging in micro and cottage
business enterprises.
 Republic Act 8353 (1997). An act expanding the definition of the crime of rape, reclassifying the
same as a crime against persons.
These laws not only promote gender equality, but also gives protection to women’s rights and enhances women
empowerment. The laws listed above should always be remembered since these are the very basic laws on
women’s rights and women empowerment. Women’s rights and women empowerment are very important to the
Philippine society as this ensures inclusive growth and development of our country.
NATIONAL PROGRAMS
Based on the Philippines laws stated, a myriad of projects, initiatives, and processes on the gender challenge
arose. This includes the following:
 Philippine Plan for Gender Responsive Development (1995-2025). The National Plan for
Women that consolidates the action commitments of the Philippines during the Beijing World
Conference on Women. This is the overall frame that is also the point of reference for the discussions
and monitoring if gender mainstreaming.
 Gender and Development Budget (GAD). Integral to the national plan, it is aimed at
“institutionalizing gender concerns in the mainstream development process and agenda and not just
peripheral programs and projects of the government”. Concretely, it prescribes for the allocation of 5%
of the government agency’s/local government unit’s budget on gender-responsive activities and
projects. As a result, implementation of the development programs and policies of government also
means women partaking a role in governance. As primarily stakeholders in the development
process, women have the right to maximize their involvement in governance, be it at the local or
national level.
 Framework Plan for Women (FPW). This is part of the Philippine Plan for Women developed to
focus on three thrusts namely: promoting women’s economic empowerment; advance and protect
women human rights; and promote gender responsive governance. This plan identifies the concrete
gender issues that will be addressed pinpoint targets and indicators, name programs, formulates the
implementation plan, and set-up tools for monitoring and evaluation.
WOMEN’S RIGHT TO PARTICIPATE
Women’s right to vote was granted in 1973. The constitution of 1935 stipulated that the right of suffrage would
be extended to women, only if 300,000 women voted in its favor during a national plebiscite. This consolidated
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the emerging women’s movement and brought to the fore the activism of such women as Concepcion Felix de
Calderon who formed the Association Feminista Filipina in June 1905, Rosa Sevilla de Alvero and a young
Trinidad Almeda, Miss Constancia Poblete, founder of Liga Femenina de la Paz, Pura Villanueva Kalaw and Paz
Mendoza Guazon, Pilar Hidalgo Lim, President of the National Federation of Women’s Clubs and Josefa Llanes
Escoda, President of the Girls Scouts of the Philippines (Ugnayan ng Kababaihan sa Pulitika 1998).
The General Council of Women was then established in Manila to direct the plebiscite campaign. Its aim was to
draw the support of the broadest number of women. As it turned out, 447,725, women voted yes in the 1937
plebiscite. Interestingly, 44,307 women voted against the provision. What followed was a colorful history of
women’s foray into the various levels of electoral victories, but generally pushed by familial affiliation and elite
association. At present women’s right to vote and participate are maintained and further protected by existing
laws at hand.
WOMEN’S INVOLVEMENT IN CIVIL SOCIETY
Women’s Expression of involvement in civil society could be through organizing along gender-specific issues and
formation of all-women groups within broad coalitions as power-enhancing mechanisms. Groups such as the
PILIPINA feminist movement, the militant GABRIELA women’s group, the Ugnayan ng Kababaihan sa Pulitika
(UKP – Network of Women in Politics), the KILOS KABARO (Act Sisters Coalition), and SIBOL Legislative Network
have trail blazed women advocacies both in policies and in legislations.
There also exist a so-called “Philippine NGO Beijing Score Board” which evolved from the National Steering
Committee (NSC) of NGOs for the United Nations Fourth World Conference on Women, and this lead in the
national monitoring of the government’s implementation of the Beijing Platform for Action.
Along with other women groups and gender-oriented institutions, they have succeeded in raising gender-specific
issues such as domestic violence, prostitution, reproductive health, sexual harassment, and rape. Intense
lobbying efforts by the women’s groups resulted in the passage of several landmark laws, among them is the
anti-sexual harassment law in 1995 and the anti-rape act in 1997. The gains of the women’s movement are
basically achieved through various partnerships with the rest of the civil society.
WOMEN AND EDUCATION
The Philippine Educational System is a combination of public and private institutions with the State providing free
education for elementary and secondary levels. The constitution provides that without “limiting the natural rights
of parents to rear their children, elementary education is compulsory for all children of school age” Article IXV,
Section 2.
There is no general discrimination of girls in education, thus, there is no marked differences existing in the
educational status of Filipino women and men. One glaring issue is the gender stereotyping of fields of study and
specialization and its onward translation into the world of work where men generally occupy the highest
occupational ranks and the highest paying positions.
Women’s larger responsibility for the housework and for the family impedes their ability to use their educational
training and skills for remunerative work. The topics previously discussed are always timely, relevant and part
and parcel of the daily lives of the Filipinos. These only show the degree of importance that must be given to
these topics.
Lesson 4. Violence Against Women and their Children Act or RA No. 9262
Definition of Terms
Protection Orders – orders used by the Barangay or the courts distancing the perpetrator from the victim and
vice versa for reasons provided for by the law.
Public Crime – nature of a crime wherein it is considered to be an affront to the society, allowing anyone who
has personal knowledge to file a case for VAWC.
INTRODUCTION
The Republic Act 9262, or the Anti-Violence against Women and their Children (Anti-VAWC) Act of 2004, is a
result of the strong advocacies on women’s human rights in the country. This law was deemed to be a significant
victory for all Filipino women as it was based on the right of women not to suffer abuse, discrimination, and
violence in their respective relationships.

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Important features of the law include:
1. Four kinds of violence against women and children are defined – the law defined four kinds of
violence – physical, psychological, sexual, and economic – in its effort to encompass all types of abuses
inflicted to women and their children;
2. VAWC is a public crime – the crime is perpetrated not only against a single individual, but against the
entire society, thus, anyone who has personal knowledge of the abuse, violence, or discrimination can
file a complaint;
3. Protection orders can be issued against the perpetrator – upon filling the case, the victim-
survivor or anyone who has personal knowledge can apply for a protection order to enforce distance
between her and the perpetrators; and
4. Stronger community mechanisms to respond to cases – various government agencies are
mandated to aptly respond or formulate mechanism to respond to reported cases of VAWC immediately.
PROTECTION ORDERS
A protection order under the Anti-VAWC Law is defined as: an order issued…for the purpose of preventing
further acts of violence against a woman and her child specified in Section of this Act and granting other
necessary relief. The relief granted under a protection order should serve the purpose of safeguarding the victim,
minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to
independently gain control of her life.
The law enumerates the following reliefs that may be availed of through a protection order:
1. Prohibition of the respondent (perpetrator) from the threatening to commit or committing personally or
through another, any of the acts penalized by the Anti-VAWC law;
2. Prohibition of the respondent from harassing, annoying, telephoning, contacting, or otherwise,
communicating with the petitioner (victim-survivor) directly or indirectly;
3. Removal and exclusion of the respondent from the residence of the petitioner whether temporarily or
permanently;
4. Directing the respondents to stay away from the petitioner and any designated family or household
member at a distance specified by the court;
5. Directing lawful possession and use by the petitioner of an automobile and other personal effect
regardless of ownership;
6. Granting temporary or permanent custody of a child/children to the petitioner;
7. Directing the respondent to provide support to the woman and or/ her child if entitled to legal support;
8. Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order
him to surrender the same, including revocation of license and disqualification to apply for any license
to use or possess a firearm;
9. Restitution for actual damages caused by violence inflicted including property damage, medical
expenses, and loss of income;
10. Directing the Department of Social Welfare and Development (DSWD) or any appropriate agency to
provide temporary shelter and other social services that the petitioner may need; and
11. Provision of the other forms of relief as may be necessary to protect and provide for the safety of the
petitioner.
RIGHTS OF VICTIM-SURVIVORS OF VAWC CASES
RA 1962 specified the following as rights of the victim-survivors:
Section 35. Rights of Victims – In addition to their rights under existing laws, victims of violence against women
and their children shall have the following rights:
a. To be treated with respect and dignity;

b. To avail of legal assistance from the Public Attorney’s Office and the Department of Justice or any public
legal assistance office;
c. To be entitled to support services from the DSWD and the LGUs;
d. To be entitled to all legal remedies and support as provided for under the Family Code; and
e. To be informed of their right to apply for a protection order.
The right of privacy of the victim is also provided in the law, and its violation is punishable by imprisonment and
fine.
DUTIES OF NATIONAL AND LOCAL GOVERNMENT OFFICES
Section 39 of RA 9262 provides for the creation of the Inter-Agency Council on Violence against women and their
children (IAC-VAWC), which shall formulate gender-sensitive programs and projects according to their
perspective agency mandates, including capability building programs for their employees.

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The IAC-VAWC consists of the following agencies: DSWD National Commission on the Role of Filipino Women,
Civil Service Commission, Commission on Human Rights, Council for the Welfare of Children, Department of
Justice, Department of Interior and Local Government, Philippine National Police, Department of Health,
Department of Education, Department of Labor and Employment, and National Bureau of Investigation.
The implementing rules and regulations of the Anti-VAWC Act state the following duties and responsibilities of
LGUs or the Barangay in addressing VAWC Cases, apart from the issuances of Barangay Protection Orders:
Section 47. Duties and Functions of Barangay Officials – In order to eliminate violence against women and their
children, barangay officials shall:
a. Undertake an education program on Republic Act No. 9262 and on violence against women and their
children and why it exists, the rights and remedies of victims-survivors, and the duties of residents and
all barangay officials;
b. Have a family violence prevention program, including peer counseling for men;
c. Support organizing efforts and development programs for women in the community;
d. Prioritize livelihood projects for victim-survivors;
e. Involve women in planning and implementation of all programs and projects in the barangay;
f. Have an anti-VAWC desk officer in the barangay who shall coordinate a one-stop help desk. As much as
possible, this help desk shall be open for 24 hours;
g. Ensure that all barangay officials, barangay health workers, barangay nutrition scholars, other barangay
workers and tanod or barangay security officers undergo gender sensitivity seminars to enable them to
respond to victims of violence;
h. Develop a system to document and report cases of VAWC and assistance program to victims thereof;
and
i. If applicable/necessary, prescribe additional guidelines and standards provided that these are consistent
with the Act.
The roles of the National and Local Government Units are valuable in the implementation of the VAWC Act. You
will realize whether the specific Barangay interviewed was fulfilling its duties in accordance to law.
Lesson 5. Laws and Policies on Violence and Discrimination of the Members of LGBTQ+
Definition of Terms
Equal Protection – requires that all persons or things similarly situated should be treated alike, both as to the
riht conferred and responsibilities imposed.
Due Process – principle that the Government must respect all of a person’s legal rights as this ensures that all
laws and legal proceedings must be fair and equal for all.
THE 1987 CONSTITUTION (EQUAL PROTECTION and DUE PROCESS CLAUSE)
The 1987 Philippine Constitution states that: “The state values the dignity of every human person and
guarantees full respect for human rights”. Apart from this, the 1987 constitution enshrines in its due process and
equal protection clauses that: “No person shall be deprived of life, liberty or property without due process of law,
nor shall any person be denied the equal protection of the laws”. Article 3, Sec 1 of 1987 Philippine Constitution.
As the fundamental law of the land, the guarantees on equality, lawful processes and the paramount
consideration on ensuring human dignity and respect for human rights in these provisions serve as the basis for
the protection of the rights of members of the LGBTQ+. The 2010 Court Decision in the “Ang Ladlad” case (Ang
Ladlad LGBT Party vs Comelec GR 190582 8 April 2010) considered the breadth of the equal protection clause in
the constitution. The court ruled in favor of allowing “Ang Ladlad” to be a party-list reasoning that: “From the
standpoint of the political process, the lesbian, gay, bisexual, and transgender have the same interest in
participating in the party-list system on the same basis as other political parties similarly situated. Hence, laws of
general application should apply with equal force to LGBTs and they deserve to participate in the party-list
system on the same basis as other marginalized and under-represented sectors”.
VIOLENCE AND DISCRIMINATION
Despite widespread anecdotal evidence of crimes perpetrated against the LGBTQ+ community in the Philippines,
most data on these cases have not undergone official verification and collation.
In March 2016, the Trans Murder Monitoring Project listed 41 reported cases of transgender people murdered in
the country since 2008. The case of Jennifer Laude awakened members of the LGBTQ+ of the violence and
discrimination impending against them. This awareness and the opinions culled out must be known to enable
critical thinking and sharing of thoughts and ideas.
Violence and Discrimination Against LGBTQ+ Youth in Education

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A. Anti-Bullying Act of 2013 (Republic Act 10627)
Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based bullying as a prohibited and punishable
act. Gender-based bullying is defined as “any act that humiliates or excludes a person on the basis of perceived
or actual sexual orientation and gender identity (SOGI) (Republic Act No. 10627)
B. Child Protection Policy 2012
In cases where the bullying is committed by a Principal, a teacher, or any other school personnel the law being
violated is Department of Education Order No. 40 on Child Protection Policy. This policy includes the protection of
students from any form of violence regardless of their sexual orientation or gender identity.
C. Special Protection of Children Against Child Abuse, Exploitation, And Discrimination Act
of 1992 (Anti-Child Abuse Act or Republic Act 7610)
Parents of Children who suffer abuse at the hands of teachers or members of the school’s administration violates
RA 7610 of the Anti-Child Act Abuse. Such cases can cover instances of physical, psychological injury, or cruelty
on the basis of the child’s SOGI.
Violence and Discrimination Against LGBTQ+ Youth in the Workplace
A. The Labor Code of the Philippines (PD 442)

The Labor Code is the National Law covering employment for the private sector in the Philippines. With the
exception of prohibitions against discrimination of women, it does not contain any provision that prohibits
discrimination on the basis of gender identity, particularly on the members of the LGBTQ+. Nevertheless, while
the law is quiet on gender identity and expression, it is clear in its Declaration of Policy (Article 3) that the “state
shall afford protection to labor, promote full employment, ensure equal work opportunities”.
Clearly, the mandate for equal opportunity in employment is clear, but the reality shows a different picture since
members of the LGBTQ+ encounter hardship in accessing work opportunities because of discrimination. The
absence of a national law that explicitly prohibits discrimination on the basis of gender identity makes it easier
for employers to hide behind fabricated reasons for not accepting, firing, or depriving members of the LGBTQ+
of their employment benefits. Often, policies on uniform, documents, and use of comfort rooms are used against
members of the LGBTQ+ employees and even applicants.
B. CSC No. 01-0940 - The Civil Service Commission’s Policy on Anti-Sexual Harassment
The Civil Service Commission Administrative Disciplinary Rules on Sexual Harassment Cases includes other less
grave, punishable offenses. These include prohibiting “derogatory and degrading remarks or innuendoes
directed toward the members of one’s sex, or one’s sexual orientation or used to describe a
person”. This rule applies to all government entities that fall under the Civil Service Jurisdiction. The policy is
important because it explicitly covers derogatory remarks regarding sex, sexual orientation, or other remarks that
are used as description of a person with the intention to insult. In addition, this policy for government agencies
does not require that the offender has moral ascendancy over the victim.
The fact that the perpetrator and the victim are of the same level of position will not preclude the victim from
filing a case. While gender identity is not specifically mentioned as a ground, if a LGBTQ+ civil servant is
harassed verbally by co-workers, they would be able to rely on the generic protection from “derogatory and
degrading remarks”.
In the case of Gualberto v CA, in a custody dispute between husband and wife, the supreme Court awarded
custody of a four-year old child to his mother despite the father’s argument of immorality against his wife who
was allegedly in a lesbian relationship. The above decisions will surely have implications to members of the of the
LGBTQ+ community.
Lesson 6. Discrimination on the Basis of Sexual Orientation Gender Identity and Expression
(SOGIE) in the Philippines
Definition of Terms
SOGIE – an acronym for Sexual Orientation, Gender Identity and Expression – aspects of gender of persons
which must be considered and given attention.
Anti-Discriminatory Bill – a proposed legislation before the Philippine Congress intended to prevent various
economic and public accommodation – related acts of discrimination against people based on their SOGIE.
THE UNIVERSAL POLICY
Article 2 (1), 3, and 26 of the Convention provide for the respect, equality and non-discrimination of all
individuals on the grounds of, inter alia, race, color and sex.

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In the landmark decision of Toonen v Australia in 1994, it is found not only that the reference to “sex” in Articles
2 (1) and 26 must be taken to include sexual orientation, but also that laws which criminalize consensual
homosexual acts expressly violate the privacy protection of the law.
NATIONAL and LOCAL POLICIES
LGUs from different cities all over the Philippines have been proactive in passing and filing city ordinances
banning LGBT discrimination. Presently, the Anti-Discriminatory Bill is still pending before the Congress. This bill
is expected to be signed into law before the end of the Duterte Administration. Prior to these bills, several LGUs
have enacted ordinances and resolutions to address these issues. In Quezon City, anti-discrimination in
employment was enacted in 2004 and LGBT – friendly provisions are supplemented in the Quezon City Gender
and Development Ordinance. Angeles City not only passed anti-discrimination legislation, but created a Gay
Rights Desk as well.
In the house of Representatives, Representative Raymond Palatino of the Kabataan Party list filed House
Resolution No 1333, which seeks to investigate prejudicial, discriminatory, and unjust practices and policies
against LGBT students implemented and tolerated in school, partnering with the DepEd and other government
agencies to explore the inclusion of a Comprehensive Gender Curriculum on basic and secondary education and
in vocational and technical school to incorporate discussion on issues of LGBT persons.
In May of 2012, the DepEd issued DepEd Order No. 40 or “The DepEd Child Protection Policy” to guarantee the
protection of Children in schools from any form of violence, abuse, or exploitation regardless of sexual
orientation and gender identity.
EFFECTS of STATE DUSCRIMINATION in SOCIETY
The State’s treatment of LGBT individuals intensifies discrimination on the basis of SOGIE within Philippines
society and social institutions.
Being young and not conforming to the gender roles assigned to one’s sex increases the risk of discrimination
and abuse for LGBT persons. This victimization is aggravated by the absence of support mechanisms and school
policies addressing this concern, as well as the failure of schools to safeguard students from being abused by
other students, staff, administrators, and teachers. The discrimination LGBT students face in schools not only
violates the right to be free from discrimination but prevents these individuals from the enjoyment of numerous
other rights in the covenant as well.
Homophobia, the stigma and prejudice toward LGBT persons, are very present within Filipino society, creating a
dangerous climate of hostility toward LGBT people. LGBT youth are often targeted by parents who, upon
discovering their child’s sexual orientation and/or gender identity, feel compelled to inflict physical harm on them
out of frustration or in an attempt to prevent their child from expressing their sexuality.
DISCRIMINATION by the CATHOLIC CHURCH
The Catholic Bishops Conference of the Philippines (CBCP) and Episcopal Commission on Family and Life (ECFL)
has been fervently demanding Congress for the removal of “sex, gender, sexual orientation and gender identity”
in the comprehensive anti-discrimination ordinances filed in the Senate and in the House of Representatives,
claiming the its inclusion will only “create problems regarding ethics, marriage, the family and religious freedom”
and reasons that “the difference in sex or gender does not belong to the same level as the difference in race,
color, religion or ethnicity”.
Antagonists of the anti-discrimination bill claim that the passage of an anti-discrimination legislation will open the
door for same sex marriages. A Provision allowing for the same sex marriage was not present in the anti-
discrimination bill at the time of its introduction first filing and has never been added.
Article 25 of the Convention provides for the right of each citizen to participate in Public Affairs to vote, and to
have equal access to public service in the country. These rights are provided free of unreasonable restriction and
free from distinction made on the basis of sex, which as mentioned above, includes sexual orientation.
DISCRIMINATION in the MILITARY
Through their media announcements, it seems on the surface that Philippine military and the police are adhering
to the non-discrimination clause of the Philippine Constitution (Art 2) and the ICCPR by its declaration of
openness to admit gays, lesbians and bisexual persons in military and police service.
Upon close inspection, the additional conditions required from gay, lesbian and bisexual applicants and cadets
demonstrate lingering prejudices and negative stereotypes toward LGBT person. Also, the military’s apparent
strict adherence exclusively towards heterosexist gender binary (masculine and feminine) roles discriminate
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against those that fall short to this standard and are considered as the benchmark of what constitutes being
decent, proper and respectful.
The generalized negative stereotyping of LGBT persons and the misconception that a person’s sexual orientation
defines ones’ gender expression are most evident on the common position of the APF, PNP and PMA towards gay
and effeminate behavior.
The identification of sources of discrimination is vital so that you will know how these acts are committed or
performed by the social institutions, their respective actors. The unified output can result to a class program or
activity addressing this concern
Lesson 7. Understanding Sexual Harassment
Definition of Terms
Sexual Harassment – it is an act or a series of acts involving any unwelcome sexual advances, request or
demand for a sexual favor, or other verbal or physical behavior of a sexual nature, committed by a government
employee or official in a work-related training or educational related environment.
SEXUAL HARASSMENT
Harassment and sexual harassment are zas a form of discrimination on the grounds of sex and, thus, are
contrary to the principal of equal treatment between men and human.
Like many other crimes, sexual harassment is all about power, control, and domination. International labor
Organization (ILO) (2001) defined sexual harassment as a sex-based behavior that is unwelcome and offensive
to the recipient. Thus, sexual harassment is not merely a problem of safety health and unacceptable working
conditions, but it is also a form of violence primarily against women.
In the Philippines, RA No 7877 or the “Anti-Sexual Harassment Act of 1995” defines work-, education-,or training
related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, trainer or any other person who having authority, influence or moral
ascendency 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.
THEORETICAL PERSPECTIVES of SEXUAL HARASSMENT
Sexual harassment cannot be understood from the perspective of a single theory, but it is always a combination
of different predictors. Previous researchers have looked at sexual harassment using a number of frameworks
including organizational approach, feminist theory, role theory, and attributional models of sexual harassment.
However, all these models share common basic assumptions and can be labelled as socio-cultural models of
sexual harassment. However there have been five widely accepted theories of sexual harassment that attempt to
explain the phenomenon from different angels and perspective, to wit:
1. Natural/Biological Theory
According to this model, men have stronger sex derives, and are therefore biologically motivated to engage in
sexual pursuit of women. Thus, the harassing behavior is not meant to be offensive or discriminatory, but is
merely the result of biological urges. It assumptions include a natural, mutual attraction between men and
women, a stronger male sex drive, and men in the role of sexual initiators. A key strength of the
natural/biological perspective is that it acknowledges the innate human instincts potentially driving
sexually aggressive behavior (Tangri et al. 1982).
2. Sex Role Spillover Theory
This theory is based on the proposition of irrelevant gender-based role expectations that individuals bring to the
workplace in guiding their interactions with women. Men hold role perceptions of women based on their
traditional role in our culture. When women take a job outside of these traditional areas to work in the male
dominated workplace, men rely on these gender-based expectations when interacting with women therefore,
perceiving women in their gender roles over and above their work role. Therefore, men are more likely to
sexualize their experiences, including work experiences, and are therefore, more likely to make
sexual remarks or engage in sexualized behavior, thus accounting for the fact that women experience
more sexual harassment than men (Barbara Gutek 1982).
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3. Organizational Theory
Proponents of this theory propose that one of the central concepts that helps to explain sexual harassment is
power (Cleveland and Kurst 1993). This theory proposes that sexual harassment results from the opportunities
presented by power and authority relations which derive from hierarchical structures of organizations. This
perspective emphasizes that the structure of organizational hierarchy invests power in certain individuals over
others, that can lead to abuse. Thus, sexual harassment is all about expression of male power over women
that sustains patriarchal relations.
4. Socio-Cultural Theory
Socio-cultural theories examine the wider social and political context in which sexual harassment is created and
occurs. According to this perspective, sexual harassment is created and occurs. According to this perspective,
sexual harassment is a logical consequence of the gender inequality and sexism that already exist in
society. This theory asserts that women’s lesser status in the larger society is reflected in the workplace
structures and culture – thus, male dominance continues to be the rule. Herein, sexual harassment is only one
manifestation of a much larger patriarchal system in which men are the dominant group reflecting the larger
society’s differential distribution of power and status between sexes. The perpetrator of sexual harassment has
no regard for women as an equal human being. Therefore, molesting women is a part and parcel of male idea of
fun in the society.
5. Feminist Theory
According to the feminist perspective, sexual harassment is linked to the sexist male ideology of male dominance
and male superiority in the society. Therefore, feminists’ theories view sexual harassment as the product of a
gender system maintained by a dominant, normative form of masculinity. Thus, sexual harassment exists
because of the views on women as the inferior sex, but also sexual harassment serves to maintain
the already existing gender stratification by emphasizing sex role expectations (Gutek 1985).
RELEVANCE of SEXUAL HARASSMENT THEORIES
An interpretation of these theoretical perspectives reveals that both biologically, as well as socio-culturally, men
happen to have always occupied a dominant position over women in societies, of which the
workplaces are only a part. Considerable data have been accumulated confirming that harassment is
widespread in both the public and private sectors and it has significant consequences for the employees’ health
and psychological well-being. Therefore, the vulnerability of women as a weaker sex has traveled towards
workplaces and academe, where it is considered natural and normal for men to be responding sexually
towards women as colleagues, subordinates and superior.
PHILIPPINE LAWS on SEXUAL HARASSMENT
Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995 (RA 7877), is the governing law for work,
education or training-related sexual harassment.
Specifically, in 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 of
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.
On the other hand, 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, granting of honors and
scholarships, payment of a stipend, allowance or other benefits, privileges, or consideration; or
4. When the sexual advances result in an intimidating, hostile, or offensive environment for the student,
trainee or apprentice.
SEXUAL HARASSMENT in the CIVIL SERVICE

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Sexual Harassment in the Civil Service is punishable by the Civil Service Commission No. 01-0940, also known as
Administrative Disciplinary Rules on Sexual Harassment Cases. Here, sexual harassment can be committed at the
following places:
1. In the premises of the workplace or office or the school or training institutions;

2. In any place where the parties were found, as a result of work or education or training responsibilities
or relations;
3. At work, education, or training related social functions;
4. While on official business outside the office or school or training institution or during work, school, or
training related travel;
5. At official conferences, fora, symposia or training sessions;
6. By telephone, cellular phone, fax machine, or electronic mail
The following forms of sexual harassment are committed thru: (1) Physical, (a) Malicious touching; (b) Overt
sexual advances; (c) Gestures with lewd insinuation; (2) Verbal, such as but not limited to, (a) request or
demands for sexual favors and (b) lurid remarks; (3) Use of objects, pictures or graphics, letters, or written
notes with sexual underpinnings; (4) Other forms analogous to the foregoing.
Lesson 8. Women’s Issues in Development
Definition of Terms
Development – the process in which someone or something grows or changes and becomes more advanced.
Women in Development – approach of development projects that emerged in the 1960s, calling for treatment
of women’s issue in development projects.
Women and Development – approach comes from the perspective that equality will be essential to improving
women’s positions, but still frames change in terms of providing women access to the productive sector.
Gender and Development – was developed in the 1980s, stepped away from both WID and WAD and was
founded in socialist-feminist ideology (Rathgeber 1990, 493). The GAD approach holds that the oppression of
women stems largely from a neoliberal focus on improving women’s reproductive and productive capacities.
WOMEN in DEVELOPMENT
By the 1970s, it became clear that women were being left out of development. They were not benefiting
significantly from it and in some instances, their existing status and position in society were actually worsened by
development. The Women in Development (WID) approached this issue-the exclusion of women from
development program and approaches. WID saw women as a group that lacks opportunity to participate in
development.
The main task, therefore, was to improve women’s access to resources and their participation in development.
The WID approach emphasized the importance of the integration of women into development programs and
planning. Accordingly, this was the best way to improve women’s position in society. The WID approach,
although it had limitations, increased the visibility of women in development issues. WID was successful in
helping secure a prominent place for women’s issues at the UN and other international development agencies.
The UN declared that the decade of 1975 to 1985 to be the decade for women. One of the major achievements
of the decade was the establishment of women in development structures or machineries. In Zambia, for
instance, it was during this time that the Women’s League of the then ruling political party, United National
Independence Party (UNIP), was formed as the national machinery to address women’s development issues.
WID served as the starting point of making known to the international community that the sector that the sector
of women has to be part of programs for development. Likewise, several remarkable programs, activities, and
initiatives must be noted as these also began the strides for women empowerment.
WOMEN and DEVELOPMENT
As a result of criticisms of the WID approach, the Women and Development (WAD) approach arose in the latter
part of the 1970s. Adopting a Marxist feminist approach, the main argument of WAD was that women had
always been part of the development processes. WAD asserts that women lave always been
important economic actors. The work they do both inside and outside the household is critical to the
maintenance of society. However, this integration has only served to sustain global inequalities. In other words,
the WID approach that placed emphasis on integrating women into development was not correct. The main
focus of WAD is on the interaction between women and development processes rather than purely on strategies
to integrate women into development.
WAD saw both women and men as not benefiting from the global economic structures because of disadvantages
due to class and the way wealth is distributed. WAD argued that the integration of women into development was
to their disadvantage and only made their inequality worse. WAD saw global inequalities as the main problem
facing poor countries and the citizens of those countries.
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On the other hand, WAD has been criticized for assuming that the position of women will improve if and when
international structures become more equitable. It sees women’s positions as primarily within the structure of
international and class inequalities. WAD even underplays the role of patriarchy un undermining women’s
development and does not adequately address the question of social relations between men and women and
their impact on development,
GENDER and DEVELOPMENT (GAD)
In the 1980s, further reflections on the development experiences of women gave rise to Gender and
Development (GAD). It brought together both the lessons learned from, and the limitations of, the WID and
WAD approaches. GAD looks at the impact of development on both women and men. It seeks to ensure that
both women and men participate in and benefit equally from development and so, emphasizes equally of benefit
and control. It recognizes that women may be involved in development, but not necessarily benefit from it.
GAD is not concerned with women exclusively, but with the way in which gender relations allot specific roles,
responsibilities, and expectations between men and women, often to the detriment of women. This approach
also pays particular attention to the oppression of women in the family or the private sphere’ of women’ s lives.
As a result, we have seen projects develop addressing issues such as VAW. GAD focuses on the social or gender
relations (i.e. the division of labor) between men and women in society and seeks to address issues of access
and control over resources and power.
GAD goes further than the other approaches in emphasizing both the reproductive and productive role of women
and argues that it is the state’s responsibility to support the social reproduction role mostly played by women of
caring and nurturing of children. As such, it treats rather than as a state or stage of development.
PRACTICAL APPROACHES to the DEVELOPMENT of WOMEN
 The Welfare Approach

Until the early 1970s, development programs addressed the needs of women almost entirely within the
context of their reproductive roles. The focus was on mother and child health, child-care, and nutrition.
Population control – or family planning as it later came to be known – was a major focus as well due to the link
made between population growth and poverty. The focus was clearly on meeting practical needs. The
assumptions that women’s position would improve together with general improvements in the economy, or with
the economic positions of their husbands, began to be challenged as it became clear that women were in fact
losing out. Women as a result were being increasingly associated with backwardness and the traditional while
men were increasingly identified with modern and progressiveness.
 The Equity Approach

Feminist calls for gender equality were important in bringing about this approach, the main aim of which was to
eliminate discrimination. It emphasized the re-valuing of women’s contribution and share of benefits from
development. The equity approach also dealt with both the productive and reproductive roles as a responsibility
of government. The equity approach in contrast to the welfare approach, saw women as active participants
organizing to bring about necessary changes.
 The Anti-Poverty Approach

This approach focuses on both the productive and reproductive role of women with an emphasis on
satisfaction of basic needs and the productivity of women. A key operational strategy required access to
income generation and waged employment. The tendency with this approach was to reinforce the basic needs
and ignore the strategic needs of women.
 The Efficiency Approach

The efficiency approach aims to have increased production and economic growth with an emphasis on
full use of human resources. Advocates of this approach argue that gender analysis makes good economic
sense. This is because understanding men’s and women’s roles and responsibilities as part of the planning of
development activities helps improve effectiveness and ensures that woman, as well as men, can play their part
in national development. The efficiency approach succeeded in bringing the concerns about women and gender
into the mainstream of development. However, this was done with a focus on what women could do for
development, rather than on what development could do for women.
 The Empowerment Approach

The aim of the empowerment approach is to increase the self-reliance of women and to influence change at the
policy, legislative, societal, economic, and other levels to their advantage. Its main strategy is awareness-
raising and situates women firmly as active participants in ensuring change take place. The
empowerment approach has been instrumental in ensuring that opportunities are opened for women to
determine their own needs. However, empowerment has often been misunderstood to be an end rather than a
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means. This has resulted in poor women becoming very knowledgeable about issues while realizing little change
to their material situation, which is often dire.
Lesson 9. Gender Inequality in Marriage and Criminal Laws
Definition of Terms
Marriage – a special contract of permanent union between a man and a woman entered into in accordance
with law for the establishment of conjugal and family life. It is the foundation of the family and inviolable social
institution.
INTRODUCTION
Marriage laws in the Philippines are only based on sex and not on gender. In the 1987 Philippine Constitution,
marriage is stated as “an inviolable social institution, is the foundation of the family and shall be protected by the
State”. (Article XV, Section 2, 1987 Constitution).
Under the Family Code, marriage is defined as a special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of conjugal and family life. (Article 1, the
Family Code of the Philippines).
The fact that the specific law provides only for a man and woman, causes exclusion of homosexual relationships
as it only accommodates heterosexual ones. This deprives members of LGBTQ+ of this Constitutionally-enshrined
right, afforded supposedly to every Filipino. Flowing from that definition, succeeding provisions of marital laws in
the Philippines are anchored on the above inequality.
Apart from marital laws, various personal laws present this picture of inequality in its provisions. The crime of
adultery presents harsher requisites than the crime of concubinage. Vagrants and prostitutes pertain only to
women. Gender equality issues on night work prohibition, disputable presumptions, and removal of criminal
liability for rapists under RA 8353 should also be visited. Incorporating gender inequality in various laws are vital
to be addressed as otherwise, this ill concept will further be proliferated.
THE PRIMACY of the DEISION of the HUSBAND/FATHER
Under the Article 14 of the Family Code of the Philippines, it is provided that;
Article. 14. In case either or both of the contracting parties, not having been emancipated by a previous
marriage, are between the ages of 18 and 21, shall in addition to the requirements of the preceding articles,
exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving
parent or guardian, or person having legal charge of them, in the order mentioned. Such consent shall
be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or
in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by
the law to administer oaths. The personal, manifestation shall be recorded in both applications for marriage
license, and the affidavit, if one is executed instead, shall be attached to said applications.
On the administration and enjoyment of community property or conjugal or partnership, (Articles 96 and 124 of
the Family Code provide that:
Article 96. The administration and the enjoyment of the community property shall belong to both spouses
jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by
the wife for proper remedy, which must be availed of within five years from the date of the contract
implementing such decision.
Article 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly.
In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by the
wife for proper remedy, which must be availed of within five years from the date of the contract implementing
such decision.
On the exercise of parental authority over the person and legal guardianship over the property of common
children, Articles 211 and 225 of the Family Code state that:
Article 211. The father and the mother shall jointly exercise parental authority over the persons of their
common children. In case of disagreement, the father’s decision shall prevail, unless there is a
judicial order to the contrary.
Article 225. The Father and the mother shall jointly exercise legal guardianship over the property of the un-
emancipated common child without the necessity of a court appointment. In case of disagreement, the
father’s decision shall prevail, unless there is a judicial order to the contrary.
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HIGHER BURDEN on WOMEN/WIVES THAN MEN/HUSBANDS
The crime of adultery and concubinage include the concept of marital infidelity. Adultery involves a wife who
engages into sexual intercourse with a man not her husband. On the other hand, concubinage involves a
husband who has (1) sexual intercourse with a woman not his wife under scandalous circumstances; (2) kept
another woman in the conjugal home; or (3) cohabiting with another woman in another dwelling.
Here, for the crime of adultery to be proven – the mere sexual intercourse with a man not her husband – will
suffice. In contrast, for the crime of adultery – the sexual intercourse must be committed under scandalous
circumstances – not a mere sexual intercourse. The wife in an adultery case incurs a higher penalty than that
for the erring husband in concubinage. A penalty of imprisonment is also imposable on paramour in adultery, but
only the penalty of destierro or banishment falls on the concubine in concubinage.
FORGIVENESS CLAUSE in the CRIME of RAPE (RA 8353 or the ANTI-RAPE LAW)
The Anti-Rape Law (RA 8353) contains a cluster that can easily exonerate the offender and can further endanger
the victim. In the law, it was stated that “subsequent valid marriage between the offender and the offended
party shall extinguish the criminal action or the penalty imposed”. This gives an easy -way out for the offender,
which in effect does not bar him from committing the crime.
Further, it also recognizes that “if the offender is the legal husband, the subsequent forgiveness by the wife who
is the offended party shall extinguish the criminal action or the penalty”. This perpetuates violence under the
shroud of marriage which can perpetuate these kinds of abuses for a long period of time.
EXCLUSIVE DEFNITION of PROSTITUTION
Article 202 of the Revised Penal Code, amended by Republic Act No. 10158, retained the decades-old definition
of prostitutes as “women who for money or profit, habitually engage in sexual intercourse or lascivious conduct”.
Following this definition, a man who peddles sexual acts for profit, is in effect, invisible in the eyes of law, thus
making the actor thereof immune to imprisonment.
Lesson 10. Critique on the Reasonable Parenthood and Reproductive Health Act of 2012, RA No.
10354, also known as RH Law
INTRODUCTION
As you will notice, it is quite common for your grandparents have7 or 8 siblings. Some even have more. This is
not the commonplace nowadays, as most couples settle for two (2) or three (3) kids, that is why most of you
have few siblings unlike previous times. This phenomenon is very simple – rearing children became costly in
terms of time and resources. The items mentioned are the essentials that babies must use during their early
months. Knowing the costs of these items will enable you to assess whether you are prepared to become parent
or not.
RATIONALE of the RH LAW
The “responsible Parenthood and Reproductive Health Act of 2012” or RA 10354, also known as the “RH Law”
was primarily enacted on a vision that the poor will have access to Reproductive Health (RH) goods and services
which they cannot afford. With this law, the poor will likely have sufficient access to information about the proper
use and effectiveness of these RH products.
Apparently, the failure of the market of RH goods and services to reach marginalized women compelled the
Philippines Government to step in and initiate measures to address this occurrence. However, RH Law was
depicted by painting of promoting abortion and abortifacient products – truths, sinful and frowned upon by the
Catholic Church.
ELEMENTS of RH LAW
The Elements of the recently enacted RH law are as follows:
1. Family Planning information and services;

2. Maternal, infant, and child health and nutrition, including breast feeding;
3. Prevention of abortion and management of post-abortion complications;
4. Adolescent and youth reproductive health guidance and counselling;
5. Prevention and management of reproductive health guidance and counselling;
6. Elimination of VAWC and other forms of sexual and GBV;
7. Education and counselling on sexuality and reproductive health;
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8. Treatment of breast and reproductive tract cancers and other gynecologic conditions and disorders;
9. Male Responsibility and involvement and men’s RH
10. Prevention, treatment and management of infertility and sexual dysfunction;
11. RH education for the adolescents; and
12. Mental Health aspect of Reproductive Health Care.
SALIENT PROVISIONS
 Midwives for Skilled Birth Attendance: The law mandates every city and municipality to employ an
adequate number of midwives and other skilled attendants.
 Emergency Obstetric Care: Each province and city shall ensure the establishment and operation of
hospitals with adequate facilities and qualified personnel that provide emergency obstetric care.
 Hospital- Based Family Planning: The law requires family planning services like ligation, vasectomy
and intrauterine device (IUD) placement to be available in all government hospitals.
 Contraceptives as Essential Medicines: Reproductive health products shall be considered essential

medicines and supplies and shall form part of the National Drug Formulary.
 Reproductive Health Education: RH education shall be taught by adequately trained teachers in an

age-appropriate manner.
 Employers’ Responsibilities: Employers shall respect the reproductive health rights pf all their
workers. Women shall not be discriminated against in the matter of hiring, regularization of employment
status, or selection for retrenchment. Employers shall provide free reproductive health services and
education to workers.
 Capability Building of Community-Based Volunteer Workers: Community-based workers shall

undergo additional and update training on the delivery of reproductive health care services and shall
receive not less than 10% increase in honoraria upon successful completion of training.
PROHIBITED ACTS
The law also provides for penalties for persons who perform certain prohibited acts such as the following:
Knowingly (with malicious intent) withholding or impeding the dissemination of information about the
programs and services provided for in this Act or Intentionally giving out incorrect information;
Refusing to perform voluntary ligation and vasectomy and other legal and medically-safe reproductive
health care services on any person of legal age on the ground of lack spousal consent or authorization;
Refusing to provide reproductive health care services to an abused minor and/or an abused pregnant
minor, whose condition is certified to by an authorized DSWD official or personnel, even without
parental consent particularly when the parent concerned is the perpetrator;
Refusing to extend reproductive health care services and information on account of the patient’s civil
status, gender or sexual orientation, age, religion, personal circumstances, and nature of work:
Provided that all conscientious objections of health care services providers based on religious grounds
shall be respected: Provided further, that the conscientious objector shall immediately refer the person
seeking such care and services to another health care service provider within the same facility or one
who is conveniently accessible: Provided, finally that the patient is not in an emergency or serious case,
as defined in RA 8344, penalizing the refusal of hospitals and medical clinics to administer appropriate
initial medical treatment and support in emergency and serious cases; and
Requiring a female applicant or employee, as a condition for employment or continued employment, to
involuntarily undergo sterilization, tubal ligation, or any other form of contraceptive method.
LEGISLATING RH
The road to the enactment of the RH Law was a painstaking path. The Main blockade was the constitutional
provision, particularly that provided in the Article II, Section 12 of the 1987 Constitution which mandates that:
“The state recognizes the sanctity of life… it shall equally protect the life of the mother and the life of the unborn
from conception”.
In this regard, the 1987 Constitution itself mandates that the Philippine Government must recognize the
importance of life and protect the life of the mother and unborn. Inasmuch as artificial family planning methods
are labeled as anti-life and against conception, these are interpreted to be against the sanctity of life-making
them contrary to the sad fundamental law of the land. In addition, these “pro-life” groups strongly advocate the
use of natural methods (abstinence, calendar methods).

2021 | 18
On the other hand, advocates of the RH Law counter this concept of proliferating abortion or abortifacient
products by scientific findings which claimed otherwise. What these debates are missing out is clearly the spirit of
the law – to allow women to choose freely whatever method of family planning is fit and appropriate to them.
Claiming that one is better as compared to the other delimits these supposedly “free choice” that women truly
deserve.
THE LONG POLITICAL BATTLE
Talks about a unified reproductive health policy had been roaming the spheres of the Philippine Government way
back the 1960s with the creation of a Population Commission as a measure of population control to manage high
fertility rates and alleviate poverty. Henceforth, the backlash of the CBCP was unrelenting.
The RH Law, which was finally enacted in 2021, was a product of a 14-year struggle. After its enactment,
lobbyist of this law thought that victory was already achieved. However, in March 2013, the law as challenged
before the SC of the Philippines, delaying its full implementation. A year after, the law was held to be valid,
except for clauses therein, that allowed minors to access reproductive health services without the written
consent of a guardian and penal measures for government officials who did not implement the law.
In 2015, a further temporary restraining order (TRO) issued again by the nation’s SC prevented the Food and
Drug Administration (FDA) of the Philippines from procuring, distributing, or issuing new certificates of product
registration on more than 50 different contraceptives, allowing many licenses to eventually expire.
The TRO was launched after the FDA registered a contraceptive implant called Implanon, which accordingly,
could be used to induce abortion. Two (2) years after the said TRO, the FDA then certified that Implanon and
Impanon NXT are not abortifacients. With the TRO finally lifted, the Department of Health mow freely distributes
contraceptives to their regional offices and to various NGOs.
ACTIVITY
Activity 1.
A. Reflect on the use of the word SURVIVOR or VICTIM.
SURVIVOR VICTIM
How does a survivor or victim look
like?
What are the similarities?
What are the differences?
Who can be a survivor or a
Make your Generalization based from your statements above:
B. Read the case and reflect on the succeeding questions:
Case: In a very traditional and patriarchal family, the father of a 19 years old girl tells her that he has arranged
for her to marry a certain man. The girl does not know the man very well. The man is much older than she is,
but she agrees to the marriage.
1. Do you think this kind of situation could happen? Support your answer:
2. Did she give her informed consent to this marriage?
3. Was there any force used in this marriage arrangement? Who is more powerful in this example? Is it
the father or a daughter?
4. What kind of power does the father have?
5. What kind power does the daughter have?
6. How does power relate to the choice in this case example?
Activity 2.
A. Choose a law been mentioned in “Women and the Law”.

B. Write at least three of what you think should be indicated in the specific law aside from the provisions
included therein.
C. Read in full the law chosen and if you were given a chance to change some provisions in such law, what are
those particular provisions and why?
2021 | 19
Activity 3.
A. Look for TV or newspaper articles which you think are promoting Women and Education. Print or paste this
advertisement in a piece of paper and write down an essay about the chosen advertisement.
B. Look for pictures that shows women involvement in the civil society’s activities. Make a collage as creative as
you are out of those pictures collected with proper captions.
Activity 4.
Search the Internet for a copy of RA 9262. Examine its provisions and answer the following:
A. Provide the instances of physical, psychological, sexual, and economic abuses as provided by the law.
KIND OF VIOLENCE INSTANCES
Physical
Psychological
Sexual
Economic
B. Name the protection orders, period of the protection orders, and the issuing authority.
Protection Orders Issuing Authority Period
C. Look for a YouTube clips (just indicate the link for me to view) that depicts how discrimination takes
place in different settings of SOGIE. Write a reflection paper expressing your feelings, thoughts and
opinions about the video.
Activity 5.
A. Look for pictures or any evidence that shows LGBTQ+ members involvement in the public life activities. Make
a collage out of those evidences collected with a short essay about it.
B. Provide the necessary information from your Province, City, Municipality, or Barangay if;
a. Aware of the international and local gender and development (GAD) policies? Provide evidence.
b. There is proposed/enacted any local ordinance or resolution addressing issues on GAD? If yes, provide
the ordinance or resolution and its basic content.
c. There is any program or activity conducted addressing or related to GAD issues? If yes, present pictures
of the activity on conduct.
d. There is or familiar with any cases of discrimination of persons on the basis of SOGIE? If yes, being a
student, what did you do or what will you do?
Activity 6.
A. Write an article/essay on what you think and how you understand Sexual Harassment.
B. Write a brief discussion on the similarities and differences of the five theoretical perspective of Sexual
Harassment.
C. Search for scenarios wherein the theories are being applied.
Theories Scenario
Natural/Biological Theory
Sex Role Spillover Theory
Organizational Theory
Socio-Cultural Theory
Feminist Theory
Activity 7.
A. Consider yourself as a woman leader in your community, then supply the following questions with necessary
answers:
1. What are your possible contributions in the society being a female leader?
2021 | 20
2. What is good becoming a female leader?
3. What possible approaches will you utilize for the development of women?
4. What needs to be done further to address women’s concerns?
B. Are you in favor of Same Sex Marriage in the Philippines? Put your answers in writing and support with visual
representations and illustrations.
Activity 8.
Do the activity and reflect on the question posed to you.
1. How much is your weekly allowance? _________.

2. What are your personal expenses that you spend with your allowance? (please include the price)
3. Complete the table by: going out, search and ask for the costs of the following products in a certain grocery
store.
Item Quantity (grams, ml,packs) Brand Amount Name of the Store

Infant Formula 0-6 mos.
Diapers
Baby Shampoo
Baby Lotion
Baby Oil
Alcohol
Feeding Bottle
Crib
Stroller
How much would be a minimum cost of Raising a baby?
Share your insights and realization from this activity.
EVALUATION/ASSESSMENT
Answer Comprehensively:
1. What is gender-based violence? How it will be addressed?

2. What are the National Programs for women? Were these programs helpful? Effective?
3. Do the number of laws, programs, and rights of women being discussed indicates that Filipino women are
already empowered?
4. Equipped now with the knowledge about the laws protecting women, what else can you do to uplift women
empowerment in the Philippines?
5. What do you think are the provisions of Anti-VAWC Act will be useful to you, to your family, and to the
community?
6. Why do we need to protect and promote the rights of the members of the LGBTQ+ community?
7. What can you do to further protect the members of LGBTQ+ community at home, in school and in your
community?
8. What knowledge about WID, WAD, GAD and approaches on women’s studies can be utilized by you for your
family and community?
9. What is good to know about Gender Inequality in Marriage and Criminal Laws?
10. What is marriage? Is it really important? Support your answer.
11. What is RH Law and how it is importance in performing Responsible Parenthood?
12. Why Legislating RH Law became a long political battle?
ADDITIONAL READINGS
* Understanding Gender and Intimate Partner Abuse;

* Male Roles and Masculinities: A Culture of Peace Perspective;
* Women, Violence and Social Control;
* The 1987 Constitution of the Republic of the Philippine;
2021 | 21
* National Commission on the Role of Filipino Women;
* Transgenderism: the Philippine Experience;
* Legal Gender Recognition: A Multi-Country Legal and Policy Review in Asia;
* No Discrimination vs Aspiring Soldiers;
* Sex, Power and Dominance;
* Sexual Harassment and Perceptions of Power;
* A very Straight Gay: Masculinity, Homosexual Experience and the Dynamics of Gender
REFERENCES
Gender and Society: A human Ecological Approach

Atty. Eric Paul D. Peralta
Nephtali Joel B. Botor
Dr. Teri Marie P. Laude

2021 | 22

Gender and Society: Eimee D. Potato, LPT, Edd Lanie N. E. Avelino, LPT, Ma

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MODULE

EIMEE D. POTATO, LPT, EdD

GENDER AND SOCIETY

Module Title: Module Four – POLITICAL – LEGAL PERSPECTIVES IN GENDER AND

Course Title: Gender and Society

Course Number: GEE 102

Total Learning Time: 20 HOURS

Gender and Society (Module GEE 102) lnea

CHAPTER 4 – POLITICAL-LEGAL PERSPECTIVES IN GENDER AND SEXUALITY

Lesson 1. Gender-Based Violence: Survivor, Victim, Perpetrator and Human Rights

Gender and Society (Module GEE 102) lnea

CONSEQUENCES OF GENDER-BASED VIOLENCE

SURVIVOR, VICTIM, and PERPETRATOR

 The right to life, liberty and property of persons;

Lesson 2. Gender-Based Violence: Power, Use of Force, and Consent

Gender and Society (Module GEE 102) lnea

Lesson 3. Women and the Law

THE 1987 CONSTITUTION

Gender and Society (Module GEE 102) lnea

VARIOUS LAWS PROMOTING GENDER EQUALITY

WOMEN’S RIGHT TO PARTICIPATE

WOMEN’S INVOLVEMENT IN CIVIL SOCIETY

WOMEN AND EDUCATION

Gender and Society (Module GEE 102) lnea

RIGHTS OF VICTIM-SURVIVORS OF VAWC CASES

RA 1962 specified the following as rights of the victim-survivors:

a. To be treated with respect and dignity;

DUTIES OF NATIONAL AND LOCAL GOVERNMENT OFFICES

Gender and Society (Module GEE 102) lnea

THE 1987 CONSTITUTION (EQUAL PROTECTION and DUE PROCESS CLAUSE)

VIOLENCE AND DISCRIMINATION

Violence and Discrimination Against LGBTQ+ Youth in Education

Gender and Society (Module GEE 102) lnea

Violence and Discrimination Against LGBTQ+ Youth in the Workplace

A. The Labor Code of the Philippines (PD 442)

THE UNIVERSAL POLICY

Gender and Society (Module GEE 102) lnea

NATIONAL and LOCAL POLICIES

EFFECTS of STATE DUSCRIMINATION in SOCIETY

DISCRIMINATION by the CATHOLIC CHURCH

DISCRIMINATION in the MILITARY

Lesson 7. Understanding Sexual Harassment

THEORETICAL PERSPECTIVES of SEXUAL HARASSMENT

2. Sex Role Spillover Theory

RELEVANCE of SEXUAL HARASSMENT THEORIES

PHILIPPINE LAWS on SEXUAL HARASSMENT

Specifically, in work-related or employment environment, sexual harassment is committed when:

On the other hand, in an education or training environment, sexual harassment is committed:

SEXUAL HARASSMENT in the CIVIL SERVICE

Gender and Society (Module GEE 102) lnea

1. In the premises of the workplace or office or the school or training institutions;

Lesson 8. Women’s Issues in Development

WOMEN and DEVELOPMENT

GENDER and DEVELOPMENT (GAD)

PRACTICAL APPROACHES to the DEVELOPMENT of WOMEN

 The Welfare Approach

 The Equity Approach

 The Anti-Poverty Approach

 The Efficiency Approach

 The Empowerment Approach

Lesson 9. Gender Inequality in Marriage and Criminal Laws

THE PRIMACY of the DEISION of the HUSBAND/FATHER