Kapag May Katwiran, Ipaglaban Mo: Laws Protecting the Rights of Women in the

Philippines

Gerald S. David
Emmanuel Simon R. Lising

Mother of Good Counsel Seminary

(Senior High School Department)

Abstract
This literature review shows the different laws that protects the rights of women in the
Philippines. The laws are being identified through The 1987 Constitution of the Republic of
the Philippines, as they were sorted to emphasize the laws regarding the rights of women
and also children. The lower representation of women in any sector of government and non-
government presents the level of women in the country at the level of at risk and being ever
powered. The Constitution shows the significant and reliable laws that will encourage
women to know their rights to protect themselves in any harm. The Acts that will be
presented in this study are not all the laws that protects the rights of women, instead, they
are most of the common cases that helps for the rights of women.

Introduction
The Philippines is one of the countries in Southeast Asia that has a strong movement for the
rights of every woman. They advocate the rights of women because of the history during
the time of colonizations of different colonizers. They know how women fought for our
country and they know the hardship that happened to them in the hands of those
colonizers. The legal movement of different groups from numerous organizations and non-
governmental organizations (NGOs) for the rights of women became the start of rising social
issues about women’s right for everything. The gender inequality issues forefront the
movement in the time of the government of the late Former President Ferdinand Marcos
that led to loss of control to the military and followed by the end of his presidency, and that
time the voices of strong women of the Philippines for the democratic rises that made
Corazon Aquino elected as the first woman president of the Philippines, Stiftung (2000).

The World Economic Forum (WEF) released the reports that show the Global Gender Gap
status of the Philippines. It is reported that the Philippines dropped eight-notches in the
latest report, from ranked 8th in the previous report in 2018, in the latest report it landed to
16th place, as released by the WEF on Tuesday, 17 December 2019. The report that was
held by the WEF ranked 153 countries in the world based on the 4 categories: Economic
Participation and Opportunity, Educational Attainment, Health and Survival, and Political
Empowerment. The percentage that was shown in the previous report shows it that the
Philippines closed to 80%, while in the report that shows by the WEF as of 2019 the
percentage closed to 78% in overall gender gap, it is 2 percentage lower than the report
conducted in 2018. The report shows that most of the categories the women outnumbered
the men, it means that women rose in different categories that was checked by the WEF. In
one the category, Political Empowerment, the women decreased its percentage from 25%
from 2017 to 10% from 2019. The political empowerment gap shows that from ranked 13 in
the year 2018 the current status dropped to 29 place as of 2019. The WEF significantly
attributed this to lower representation of women in the current Cabinet of the
Administration, same also in the situation of the political empowerment of the Congress that
leads to 28% low representation of women in the position, Paris (2019).

Gender Issues includes all aspects and concerns related to women’s and men’s lives and
situation in society, to the way they interrelate, their differences in access to and use of
resources, their activities, and how they react to changes, interventions and policies. This
literature shows how gender should become equal in work or position in society. It means
that what others can do, others can do also. According to the United Nations our world
needs to have gender equality as part of human rights of every individual. It is essential to
achieve peaceful societies with human potential and sustainable development. This equality
will help a country to develop its economy and different aspects of government and political
issues or even nation’s issues or problems.

The world is changing, different social issues are rising. One of the social issues that is very
alarming is the Gender Inequality. From the past century until now, gender is the base of
power. Since then, men are known to be more powerful than women because they have the
rights to study, to govern and to control society. It is very important for all to know why
gender inequality exists, gender inequality is making hindrance to men and women. It is on
society on how they will accept that all people are equal and they should not be labeled
women as weaker than men. The researchers are very interested in this topic because they
want to study the unending existence of gender inequality against women in the society and
it is shown that even in the midst of existing laws and organization, gender inequality still
exists.

This paper aims to present the movement of women in the society who fight for their rights
as they voice out for the rights of every woman in call for the attention happening about the
unending gender inequality in the Philippines. This paper aims to show the laws and
organizations that uphold the rights and provisions of women in the Philippines.

Body

The Philippines is one of the countries in Southeast Asia that has a strong movement for
supporting the movement for the rights of everyone, especially for the rights of women. The
colonization of Spain, the United States and Japan shows how critical the condition of the
Filipino women is. In the hands of these of those colonizers the Filipino women experience
harassments, sexual slavery, rape and abuses as they look them as their comfort. There
were brought to comfort houses were they experienced repetitive rape by tens of Japanese
soldiers per day. The youngest comfort woman was aged nine years old, Kimura (2003). As
the continuous victimization of women in the country, women are actively participating in
armed resistance against the Japanese. Felipa Culala was the most popular female guerilla,
she was known by her alias, dayang-dayang. Culala is one of the female guerilla
commanders who led the early guerillas forces against the Japanese in 1942, they were part
of the popular armed resistance group named HUKBALAHAP of Hukbong Bayan Laban sa
Hapon (People’s Army Against the Japanese). Culala led the successful ambush of combined
Japanese and Filipino soldiers, (Hega et. al., 2017). The existence of female guerillas, of
rank commander no less, altered the discussion and the gender dynamics of the Huk
rebellion of the Philippines and the other peasant uprising country in Southeast Asia.
Further, the story of women guerillas proved that in times of oppression and deceit, women
could also be fund fighting in the frontlines, Lanzona (2009). This proves that women has
also the abilities and capabilities to do what men can do, this statement of Lanzona should
be a mind-opener to everyone that women can also fight if we give them the chance to
prove their strength that they are also strong human who has the dignity to fight for
everyone and for country.

The development of women’s rights ‘rises in the year of 1905 as Conception Felix de
Calderon founded the first organization that will help the movement of the development
women’s rights, the organization was called itself feminist-the Asociacion Feminista Filipina
(AFF) and was joined by the elite women of the society such as Trinidad Rizal, Librado
Avelino, Maria Paz Guanzon, Maria Francisco, the Almeda sisters and Luisa de Silyar, Estrada
Claudio (2005). The Asociacion Feminista Ilonga founded a year later, headed by Pura
Villanueva-Kalaw an elite woman, who wants to engage the rights of women to vote, and on
April 30, 1937 it was approved in a plebiscite with the record of 90% as affirmative votes,
Quindoza-Santiago (1996). Years later after the foundation of AFF, the different groups and
organizations for women starts to rise as they advocate for the different rights of women. In
this years of colonization, the power of women rises as they voice out for their rights. They
were given the chance to show to the nation that they need equality as they also
contributed during the time of colonization in fighting for the freedom of our country.

Through the thorough review of the related literatures we can see that even before
declaration of the 1987 Constitution of the Republic of the Philippines, the laws and
organizations rose as the call-out for the rights of women in the nation. The 1987
Constitution of the Republic of the Philippines improves and adds some laws and articles
that will uphold the rights of women in the nation. They built some laws that will strengthen
the existing laws in the Revised Penal Code of promoting the Act of VAW. This means that
the government still shows their support and concern for women in the midst of rising cases
of gender inequality that disgrace and degrade the reputation of and rights of women in our
nation. The laws will help the women to look and study their rights that will make them a
knowledgeable citizen of this nation. The 1987 Constitution shows some resorts of laws that
provide and intended for women. The organizations that were built will help the women to
become aware of their needs of gender inequality and the prevention of VAW.

The Laws of the Constitution before and after the 1987 Constitution of the
Republic of the Philippines.

Revised Penal Code

The Revised Penal Code places some laws that can be a resort for offenses committed
against them by their husband such as physical injuries or attempted or frustrated parricide.
If their intimate partners committed this, they can only charge them by physical injuries,
attempted or frustrated homicide, or rape. The women could not charge her husband with
rape. The offenses of “battering” falls under the “physical injuries.” The offense of “sexual
harassment” falls under “Acts of Lasciviousness.” The other forms of violence such as
verbal, emotional, psychological or economic abuse (e.g. deprivation of support) were not
punishable according to the Revise Penal Code or any special law before the passing of Anti-
Violence Against Women and Their Children Act of 2004. The battered women have no ways
of divorcing her husband because there is no divorce law in the Philippines. Instead, the
Article 36 of the Family Code of the Philippines will support for “psychological incapacity” as
the only grounds for nullity of marriage. It provides for legal separation on the grounds of
repetitive physical abuse, abusive conduct and abundance for at least one year and attempt
on the life of her spouse. The women shall prove the physical abuse committed at least two
times before she can be granted legal separation that forfeit the share in the conjugal or
community property of the guilty husband that is favorable to the common children,
Guanzon (2008).

The 1987 Constitution of the Republic of the Philippines

Article II

The 1987 Constitution shows some provisions that are not provided in the previous
Constitution and also the United Nation (UN) Conventions became the basis of the providing
laws for the rights of women, Guanzon (2008). The Article II entitled as Declaration of State
Principles and State Policies such as in Section 2 The Philippines renounces war as an
instrument of policy, and adopts the generally accepted principles of international law as
part of the law of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nation. The state also shows their support as they value the
human rights of its citizens. Section 11 The States values the dignity of every human person
and guarantees full respect for human rights. Followed by Section 14, the State recognizes
the role of women in nation building, and shall ensure the fundamental equality before the
laws of women and men.

Article XIII

The 1987 constitution of the Republic of the Philippines— Article XIII. Social Justice and
Social Rights, Section 1 shows that “The Congress shall give highest priority to the
enactment of measures that protect and enhance the right of all the people to human
dignity, reduce social, economic, and political inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the common good.” Section 14 shows that
“The State shall protect working women by providing safe and healthful working conditions,
taking into account their maternal functions, and such facilities and opportunities that will
enhance their welfare and enable them to realize their full potential in the service of the
nation.” This means that the Philippines is advocating for the rights of every citizen in the
nation. If the government should follow these sections of Article XIII of the constitution, the
rise of inequality will be prevented.

The Constitution provided the laws concerning the rights of women in the nation. The
researchers will provide different laws concerning the rights of women.

Anti-Sexual Harassment Act of 1995

The Anti-Sexual Harassment Act of 1995 or the Republic Act No. 7877 (February 14, 1995).
Section 2 provides the Declaration of Policy – The State shall value the dignity of every
individual, enhance the development of its human resources guarantees fell respect for
human rights, and uphold the dignity of work rs, employees, students or those undergoing
training, instruction or education. Towards this end, all form of sexual harassment in the
employment, education or training environment are hereby declared unlawful. This means
that this Anti-Sexual harassment Act of 1995 serves as a grounds for people experiencing
harassment in any forms, they can look for this act as their basis in filling cases such as
sexual harassment that committed. The Section 7 shows the penalties that can be assured
in this Act, Any person who violates the provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less one month nor more than six months, or fine of not
less than Ten thousand pesos nor more than Twenty thousand pesos, or both such fine or
imprisonment as the discretion of the court. This shows that the act of harassment is
punishable by law and can lead to suspension or dismissal in position if they are government
employees or officials.

Anti-Photo and VideoVoyeurism Act of 2009

The Anti-Photo and Video Voyeurism Act of 2009 or the Republic Act No. 9995 (2009).
Section 2 provides an explanation about the declaration of policy of the law, the State values
the dignity and privacy of every human person and guarantees full respect for human rights.
Toward this end, the State shall penalize acts that would destroy the honor, dignity and
integrity of a person. The rules that are prohibited by this act are to take photo or video
coverage of a person or group of persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as the naked or undergarment clad
genitals, public area, buttocks or female breast without the consent of the person/s involved
and under circumstances in which the person/s has/have a reasonable expectation of
privacy; to copy or reproduce, or to cause to be copied or reproduced, such photo or video
or recording of sexual act or any similar activity with or without consideration; to sell or
distribute, or cause to be sold or distributed, such photo or video or recording of sexual act,
whether it be the original copy or reproduction thereof; or to publish or broadcast, or cause
to be published or broadcast, whether in print or broadcast media, or show or exhibit the
photo or video coverage or recordings of such sexual act or any similar activity through
VCD/DVD, internet, cellular phones and other similar means or device. On the said
violations, anyone who violates the law shall be liable under the Anti-Photo or Video
Voyeurism Act. The law suffices the prohibition of taking photos with any affirmation of the
person involve or anyone who are being considered as victim, the law is almost the same
with Anti-Sexual Harassment Act.

Anti-Rape Act of 1997

The Anti-Rape Act of 1997 or the Republic Act No. 8353 (September 30, 1997). The Section
2 provides some explanation of Rape as a Crime Against Persons – The crime of rape shall
hereafter be classified as a Crime Against Persons under Title Eight of Act No. 3815, as
amended, otherwise known as Penal Code. Accordingly, there shall be incorporated Title
Eight of the same Code a new chapter to be known as Chapter Three on Rape. This law
amends the provisions on Rape in the Revised Penal Code, Article 266-A, 266-B, 266-C, and
266-D. The women’s human rights advocate and organization must be involved in a
participatory process that will lead to progressive quality of the laws on VAW starting 1997,
and as the basis for the state policies and these laws they used the UN Conventions.
Everyone can be complaints in rape, aside from rape by carnal knowledge of a woman
through forcing, threatening, intimidating, when offended part is deprived from reason or
otherwise unconscious, or by means of fraudulent machination or grave abuse of authority,
and when the offended party is twelve years old or is demented even though none of the
mentioned circumstances above is present, the law must provide for rape by sexual assault,
by inserting penis or any instrument or object into another person’s mouth or genitalia or
anal orifice. The marital rape is also punishable by law, but forgiveness of the wife erases
the liability of the case, Guanzon (2008).

Rape Victim Assistance and Protection Act of 1998

The Rape Victim Assistance and Protection Act of 1998 or Republic Act No. 8505 (February
13, 1998). The Section 2 of the Article explains the Declaration of Policy - It is hereby
declared the policy of the State to provide necessary assistance and protection for rape
victims. Towards this end, the government shall coordinate its various agencies and non-
government organizations to work hand in hand for the establishment and operation of a
rape crisis center in every province and city that shall assist and protect rape victims in the
litigation of their cases and their recovery. The Section 3 of this Act explains what must be
provided by the centers to the rape victims. These centers must provide the needs of those
rape victims, especially the psychological counseling, medical and health services, free legal
assistance, ensuring the privacy of the victim, assisting the rape victim in the investigation,
must provide the a training program for law enforcement officers, public prosecutors,
lawyers, medico-legal officers, social workers, and barangay officials on human rights and
responsibilities; gender sensitivity and legal management of rape cases. The constitution
adheres that the local government must provide the needs of the rape victim and
continuously guide them until justice shall prevail against the offender. This law provides the
action that must be taken during the legal process of the victim against the offender.

An Act Declaring Unlawful the Matching of Filipino Mail Order Brides to

Foreigners

An Act declaring unlawful the matching of Filipino mail order brides to foreigners or Republic
Act No. 6955 (February 13, 1988). This Act shows that there are corresponding penalties in
matching Filipino women for marriage to foreigners by the form of “mail orders.” Their
penalty is imprisonment of not less than six years and one day but no more than eight years
and a fine, and if the offender is a foreigner he shall be deported and forever barred from
entering the country after he serves his or her sentence.

Anti-Violence Against Women and Their Children Act of 2004

Anti-Violence Against Women and Their Children Act of 2004 or Republic Act No. 9262 (took
effect on March 27, 2004). The Section 2 of this Act shows the Declaration of Policy - It is
hereby declared that the State values the dignity of women and children and guarantees full
respect for human rights. The State also recognizes the need to protect the family and its
members, particularly women and children, from violence and threats to their personal
safety and security.

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

In Section 3 explains the definition of terms as follows, the “Violence Against Women and
Their Children (VAWC)” refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship, or with whom he has a common child, or against
her child whether legitimate or illegitimate, within or without the family abode, which result
in or is likely to result in physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the following acts: “Physical Violence”
includes the body and physical harm. “Sexual Violence” includes the following act that shows
sexual abuses against the woman or her child: rape, sexual harassment, acts of
lasciviousness, treating the woman and her child as sex objects, causing or attempting the
woman to be engage with such sexual activity by force, or prostituting the woman or child.
“Psychological Violence” includes the act of causing or omitting the women to cause mental
or emotional suffering that will make the victim traumatized. “Economic Abuse” includes the
deprivation of women in the conjugal or community property of the husband, removing the
access in the financial aid, and preventing victims to engage in legitimate professions.
In the Section 6, shows that the acts falling in Section 5 have their corresponding penalties
that should be acted upon by the court decision. The laws showing that every unlawful act
should be liable in the court as part of the legal process for the rights of women and
children.

The Act also shows the corresponding protection order that can be released once VAWS is
proved by the victim. The Section 8 shows the different kinds of Protection Order - A
protection order is an order issued under this act for the purpose of preventing further acts
of violence against a woman or her child specified in Section 5 of this Act and granting other
necessary relief. The relief granted under a protection order serves the purpose of
safeguarding the victim from further harm, minimizing any disruption in the victim’s daily
life, and facilitating the opportunity and ability of the victim to independently regain control
over her life. The provisions of the protection order shall be enforced by law enforcement
agencies. The protection orders that may be issued under this Act are the barangay
protection order (BPO), temporary protection order (TPO) and permanent protection order
(PPO). This particular Act shows that the legal assistance for the violated woman and her
children must be provided by the LGUs that are concerned of this case.

Republic Act 9262 Section 30 Duties of Barangay Officials and Law Enforcers. – Barangay
officials and law enforcers shall have the following duties: respond immediately to a call for
help or request for assistance or protection of the victim by entering the necessary whether
or not a protection order has been issued and ensure the safety of the victim/s; confiscate
any deadly weapon in the possession of the perpetrator or within plain view; transport or
escort the victim/s to a safe place of their choice or to a clinic or hospital; ensure the
enforcement of the Protection Orders issued by the Punong Barangay or the courts. These
acts must be provided by the barangay or the village as they assist the victim. They need to
follow the rules set by the law to ensure that the process of implementing the Barangay
Protection Order is in the legal process. The Barangay Protection Order is ensuring the
safety of the victim against the offender as the victim approaches the barangay or village
officials.

Section 14 Barangay Protection Orders (BPOs); Who May Issue and How. – Barangay
Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay
ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this
Act. A Punong Barangay who receives applications for a BPO shall issue the protection order
to the applicant on the date of filing after ex parte determination of the basis of the
application. If the Punong Barangay is unavailable to act on the application for a BPO, the
application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by
a Barangay Kagawad the order must be accompanied by an attestation by the Barangay
Kagawad that the Punong Barangay was unavailable at the time for the issuance of the
BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex
parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the
same on the respondent, or direct any barangay official to effect his personal service. In this
section of the law it was given that the Barangay or Village Officials can release a protection
order for fast action that would be given to the victim.

Section 15 Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to

the protection order issued by the court on the date of filing of the application after ex parte
determination that such order should be issued. A court may grant in a TPO any, some or all
of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall
schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the
TPO. The court shall order the immediate personal service of the TPO on the respondent by
the court sheriff who may obtain the assistance of law enforcement agents for the service.
The TPO shall include notice of the date of the hearing on the merits of the issuance of a
PPO. If it was proven under the jurisdiction of the court that the victim is at danger, this
should be followed prior to the protection order given by the barangay, they should file
quickly for the sort of protection order for the victim.

Section 16 Permanent Protection Orders. – Permanent Protection Order (PPO) refers to a

protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on
the merits of the issuance of a PPO. If the respondents appears without counsel on the date
of the hearing on the PPO, the court shall appoint a lawyer for the respondent and
immediately proceed with the hearing. In case the respondent fails to appear despite proper
notice, the court shall allow ex parte presentation of the evidence by the applicant and
render judgment on the basis of the evidence presented. The court shall allow the
introduction of any history of abusive conduct of a respondent even if the same was not
directed against the applicant or the person for whom the applicant is made. If it was
proven by the court that the woman or the child is in danger, the court shall issue a
permanent protection order after the hearing or notice. The court shall give an extent
possible, if the hearing did not end in one (1) day and it is the last day of the temporary
protection order (a day before the expiration), the court may renew the temporary
protection and it is given another thirty (30) days for the protection of the victim. This
shows that the law supervises the victims protection against the offender.

Protection Orders.- A protection order is an order issued under this act for the purpose of
preventing further acts of violence against a woman or her child specified in Section 5 of this
Act and granting other necessary relief. The relief granted under a protection order serves
the purpose of safeguarding the victim from further harm, minimizing any disruption in the
victim’s daily life, and facilitating the opportunity and ability of the victim to independently
regain control over her life. The provisions of the protection order shall be enforced by law
enforcement agencies. The protection orders that may be issued under this Act are the
barangay protection order (BPO), temporary protection order (TPO) and permanent
protection order (PPO). The protection orders that may be issued under this Act shall include
any, some or all of the following reliefs: Prohibition of the respondent from threatening to
commit or committing, personally or through another, any of the acts mentioned in Section
5 of this Act; Prohibition of the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the petitioner, directly or indirectly; Removal
and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner,
or permanently where no property rights are violated, and if respondent must remove
personal effects from the residence, the court shall direct a law enforcement agent to
accompany the respondent has gathered his things and escort respondent from the
residence; Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from the
residence, school, place of employment, or any specified place frequented by the petitioner
and any designated family or household member; Directing lawful possession and use by
petitioner of an automobile and other essential personal effects, regardless of ownership,
and directing the appropriate law enforcement officer to accompany the petitioner to the
residence of the parties to ensure that the petitioner is safely restored to the possession of
the automobile and other essential personal effects, or to supervise the petitioner’s or
respondent’s removal of personal belongings; Granting a temporary or permanent custody
of a child/children to the petitioner; Directing the respondent to provide support to the
woman and/or her child if entitled to legal support. Notwithstanding other laws to the
contrary, the court shall order an appropriate percentage of the income or salary of the
respondent to be withheld regularly by the respondent’s employer for the same to be
automatically remitted directly to the woman. Failure to remit and/or withhold or any delay
in the remittance of support to the woman and/or her child without justifiable cause shall
render the respondent or his employer liable for indirect contempt of court; Prohibition of
the respondent from any use or possession of any firearm or deadly weapon and order him
to surrender the same to the court for appropriate disposition by the court, including
revocation of license and disqualification to apply for any license to use or possess a firearm.
If the offender is a law enforcement agent, the court shall order the offender to surrender
his firearm and shall direct the appropriate authority to investigate on the offender and take
appropriate action on matter; Restitution for actual damages caused by the violence
inflicted, including, but not limited to, property damage, medical expenses, childcare
expenses and loss of income; directing the DSWD or any appropriate agency to provide
petitioner may need; and provision of such other forms of relief as the court deems
necessary to protect and provide for the safety of the petitioner and any designated family
or household member, provided petitioner and any designated family or household member
consents to such relief. This is the content of a protection order that was released by the
judge during the time of process.

Section 31 Healthcare Provider Response to Abuse – Any healthcare provider, including, but
not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or
counselor who suspects abuse or has been informed by the victim of violence shall: properly
document any of the victim’s physical, emotional or psychological injuries; properly record
any of victim’s suspicions, observations and circumstances of the examination or visit;
automatically provide the victim free of charge a medical certificate concerning the
examination or visit; safeguard the records and make them available to the victim upon
request at actual cost; and provide the victim immediate and adequate notice of rights and
remedies provided under this Act, and services available to them. Under this section after it
was filed the case against the offender, the Local Government Units (LGUs) that focus for
the rights of women and children shall immediately provide healthcare for the victim and
also for the offender.
Section 32 Duties of Other Government Agencies and LGUs – Other government agencies
and LGUs shall establish programs such as, but not limited to, education and information
campaigns and seminars or symposia on the nature, causes, incidence and consequences of
such violence particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGUs to ensure the
sustained education and training of their officers and personnel on the prevention of
violence against women and their children under the Act. Other agencies of the LGUs shall
provide the needs of the victim as per order by the law and court to give such information
to the victim about their rights under VAWC and the law of the constitution.

Section 9 Who may file Petition for Protection Orders. – A petition for protection order may
be filed by any of the following: the offended party; parents or guardians of the offended
party; ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity; officers or social workers of the DSWD or social workers of local
government units (LGUs); police officers, preferably those in charge of women and
children’s desks; Punong Barangay or Barangay Kagawad; lawyer, counselor, therapist or
healthcare provider of the petitioner; At least two (2) concerned responsible citizens of the
city or municipality where the violence against women and their children occurred and who
has personal knowledge of the offense committed. This shows anyone who is concerned
with the victim can report the violence happening.

The law regarding the rights of women and children is being discussed and we can see that
the law shows the summary of the Republic Act 9262 or the Anti-Violence Against Women
and Their Children Act of 2004. The law promotes the rights of women to be ensured for
their protection against the offender who wants to abuse them. The promotes that the
government should have a legal process in handling such cases to protect and respect the
humanity and dignity of the women in our society.

The Magna Carta for Women

The Magna Carta of Women or Republic Act No. 9710 is a law that is exclusive for women’s
human rights. This law seeks to decrease and eliminate discrimination against women. This
law is being shown by recognizing, respecting, protecting, fulfilling and promoting the rights
of Filipino women, especially those in the marginalized sectors.

This Act, which is a unified law from Senate Bill No. 2396 and House Bill No. 4273. It was
approved by the Senate and the House of Representatives on May 19, 2009 and May 20,
2009, respectively. It was signed into law by President Gloria Macapagal-Arroyo on August
14, 2009.

The most noticeable and important provisions in Magna Carta are the following:

Women’s rights are human rights (Section 8)- “All rights in the Constitution and those rights
recognized under international instruments duly signed and ratified by the Philippines, in
consonance with Philippine law, shall be rights of women under this Act to be enjoyed
without discrimination.” (Section 8). In this Section it solidifies The Magna Carta of Women
which states that it is a law and it should be implemented and not taken for granted. It must
be women and men are equal and no discrimination at all

Equal employment opportunities (Section 9A)- “Within the next (5) years, there shall be an
incremental increase in the recruitment and training of women in the police force, forensics
and medico-legal, legal services, and social work services availed of by women who are
victims of gender-related offenses until fifty percent (50%) of the personnel thereof shall be
women.” (Section 10A) - “Within the next five (5) years, the number of women in third (3rd)
level positions in government shall be incrementally increased to achieve a fifty-fifty (50-50)
gender balance.” The section 9A and 10A states that there must be balance count of men
and women in work that can be availed by both sex for the first five years of the
implementation. For the next five years of the implementation there must be a balanced
number of women and men in the Government Agency to fulfil the said Law.

Women in the military (Section 15) - “The State shall pursue appropriate measures to
eliminate discrimination of women in the military, police, and other similar services,
including revising or abolishing practices that restrict women from availing of both combat
and noncombat training that are open to men, or from taking on functions other than
administrative tasks, such as engaging in combat, security-related, or field operations.
Women in the military shall be accorded the same promotional privileges and opportunities
as men, including pay increases, additional remunerations, and benefits and awards based
on their competency and quality of performance… Further, women in the military, police and
other similar services shall be entitled to leave benefits such as maternity leave, as provided
for by existing laws.” This section only state that women should be allowed in the military
and do what men can do without discrimination. Hence, they will not be involved in combat
nor they will not be in the fields. Women in the military will also have promotions and the
benefits of men can also be attained by women in the military.

Special leave privileges (Section 18)- “A woman employee having rendered continuous
aggregate employment service of at least six (6) months for the last twelve (12) months
shall be entitled to a special leave benefit of two (2) months with full pay based on her
gross monthly compensation following surgery caused by gynaecological disorders.” This
section states that a woman must have a benefit after leaving a work when they are
pregnant but they must be working for almost 6 months and above to attain the two
months full pay for its operation.

Gender and development (GAD) budget (Section 36A) - “The cost of implementing GAD
programs shall be the agency’s or the local government unit’s GAD budget which shall be at
least five percent (5%) of the agency’s or the local government unit’s total budget
appropriations.” In this section it states that there must be a financial budget for women at
least five percent from the LGU’s budget.

The Magna Carta was implemented in 2009 but there are some cases in our country that are
against Women’s right and against Magna Carta. This law ensures that men and women are
equal but until now there are some instances where men and women are not equal in many
aspects.

Synthesis
The women are the vulnerable ones in our society. Laws were made to protect them against
those offenders, but why are these laws not enough to protect them from those who want
to abuse them? Who has the problem? Is it the women of our society or the people who
tend to abuse them? We do need to know the roots of these problems to come up with
solutions that can resolve it. Inequality still rises at this moment even those leaders who
should be turned to be the model for having equality start to show inequality. When will
these things end? If we do not know how to voice out for their rights, who will do it for
them? The young of the generation are the hope of the motherland, as said by Dr. Jose
Rizal. We are the ones who have the power to unite and fight for the right rights. We should
be educated about what happened before with our ancestors and now of our dear
kababayan. We should not stop engaging for the rights of everyone, because we know what
is right for them and we know who will fight for them. Laws are not enough if we do not
speak about them, many do not know their rights that is why they were being abused. If
they know their rights no one will be left behind. Rights are still rights, no one can break
them if we join force and hold each other to fly for their betterment. Not only women need
equal treatment, everyone. If we know how to give respect and dignity, no one will abuse
and no one will degrade people. Education and Right Conduct are the foundation of every
good person, if you have this everyone will respect you. The youth of today are encouraged
to know their rights as young as they are. The Women’s group is being built to empower
and establish protection for them. To call for protection is the right way to remove violence
in our society. As the hope of our society, we need to know that we have these rights that
will mold everyone to become an advocate for the rights of everyone. The laws are capable
of showing protection for every woman in the country. The implementation of these laws
are not well performed as it is shown by the organizations that promote rights for women.
There was still violence that rose as being observed through the surveys of different
organizations of the Philippines. According to the 2017 National Demographic and Health
Survey conducted by the Philippine Statistics Authority, one in four Filipino women age 15-
49 has experienced physical, emotional or sexual violence by their husband or partner. It is
indeed alarming that despite efforts to address the concern, VAW persists.

Conclusion
The Laws presented in this paper talks about the importance of knowledge of everyone with
the rights that they need to hold for themselves. Rights are needed for reasons of our
protection. The laws will guide us to know what we need to do and what we don’t need to
do. The study shows that everyone has the right to protect themselves under the law of the
constitution. The paper wanted to specify important laws regarding the protection of every
woman in the Philippines.

Recommendation
The researchers recommend to the future endeavors of this study to follow up some
organizations that help women to protect their rights. The objectives of these organizations
in promoting anti-violence campaigns to protect not only the rights of women but also their
children that will be affected during the due process of the cases. Organizations will help the
government to promote, advocate and teach women about their rights against violence that
gives them threat. The different organizations that support women’s rights became few
because of lack of support from their fellowships.

References

Laws on Women | Philippine Commission on Women

- https://pcw.gov.ph/laws-issuances-and-other-legislation-on-women/
Republic Act No. 9710: GOVPH
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List of laws protecting women in PH
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NAMIBIA, IRENE GAROËS.
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