The Magna Carta of Women:: Knowing Your Rights

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TheMagna

Magna
Magna ofCarta
CartaCarta
Women of Women:
(R.A.
of Women: 9710)
Knowing your rights!
Knowing Your Rights

Presented
Presented by:by: JosiePaggao
Josie P. OlivasOlivas
Presented by: Josie P. Olivas
MIRIAM DEFENSOR-SANTIAGO
MELCHORA AQUINO
GABRIELA SILANG
GREGORIA DE JESUS
Magna Carta of Women (R.A. 9710)
 The various existing laws and policies to empower and protect
women, and ensure equal rights and opportunities for men and
women, have been strengthened further with the enactment of
Republic Act No. 9710, otherwise known as The Magna Carta of
Women.

 The Act, which is a consolidation of Senate Bill No. 2396 and


House Bill No. 4273, was finally passed 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.
Salient provisions

Women’s rights are human rights - “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)
EQUAL EMPLOYMENT OPPORTUNITIES

- “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
9A)
- “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.” (Section 10A)
- “All local government units shall establish a Violence
Against Women’s Desk in every barangay to ensure
that violence against women cases are fully addressed
in a gender-responsive manner.” (Section 9C)
WOMEN IN THE MILITARY
- “The State shall pursue appropriate measures to eliminate discrimination of
women in the military, police, and other similar services, including revising or
abolishing 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.”
(Section 15)
Special leave privileges - “A woman employee having rendered
continuous aggregate employment service of at least six (6)
months for the last twelve (12) months shall be entitled to a
special leave benefit of two (2) months with full pay based on
her gross monthly compensation following surgery caused by
gynecological disorders.” (Section 18)
Gender and development (GAD) budget - “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.” (Section
36A)
Other laws protecting women and children
• Women in Development and Nation Building Act (R.A. 7192 Sec.
1)An act promoting the integration of women as full and equal partners
of men in development and nation building and for other purposes.
(Sec. 2) (Declaration of Policy)
To attain the foregoing policy:
    (1) A substantial portion of official development assistance funds
received from foreign governments and multilateral agencies and
organizations shall be set aside and utilized by the agencies concerned to
support programs and activities for women;
   (2) All government departments shall ensure that women
benefit equally and participate directly in the development
programs and projects of said department, specifically those
funded under official foreign development assistance, to ensure
the full participation and involvement of women in the
development process; and
    (3) All government departments and agencies shall review
and revise all their regulations, circulars, issuances and
procedures to remove gender bias therein.
Sec.  3. Responsible Agency. — The National
Economic and Development Authority (NEDA) shall
primarily be responsible for ensuring the participation
of women as recipients in foreign aid, grants and
loans. It shall determine and recommend the amount to
be allocated for the development activity involving
women.
Sec.  4. Mandate. — The NEDA, with the assistance of the National
Commission on the Role of Filipino Women, shall ensure that the
different government departments, including its agencies and
instrumentalities which, directly or indirectly, affect the participation
of women in national development and their integration therein:
    (1) Formulate and prioritize rural or countryside development
programs or projects, provide income and employment opportunities
to women in the rural areas and thus, prevent their heavy migration
from rural to urban or foreign countries;
 (2) Include an assessment of the extent to which their programs
and/or projects integrate women in the development process and of
the impact of said programs or projects on women, including their
implications in enhancing the self-reliance of women in improving
their income;
    (3) Ensure the active participation of women and women’s
organizations in the development programs and/or projects including
their involvement in the planning, design, implementation,
management, monitoring and evaluation thereof;
Sec.  5. Equality in Capacity to Act. — Women of legal age,
regardless of civil status, shall have the capacity to act and enter
into contracts which shall in every respect be equal to that of
men under similar circumstances.
In all contractual situations where married men have the capacity
to act, married women shall have equal rights.
To this end:
    (1) Women shall have the capacity to borrow and obtain loans
and execute security and credit arrangement under the same
conditions as men;
    (2) Women shall have equal access to all government and
private sector programs granting agricultural credit, loans and
non-material resources and shall enjoy equal treatment in agrarian
reform and land resettlement programs;
    (3) Women shall have equal rights to act as incorporators and
enter into insurance contracts; and
   (4) Married women shall have rights equal to those of married
men in applying for passport, secure visas and other travel
documents, without need to secure the consent of their spouses.
In all other similar contractual relations, women shall enjoy equal
rights and shall have the capacity to act which shall in every
respect be equal to those of men under similar circumstances.
Sec.  6. Equal Membership in Clubs
Sec.  7. Admission to Military Schools.
Sec.  8. Voluntary Pag-IBIG, GSIS and SSS Coverage. — Married
persons who devote full time to managing the household and family
affairs shall, upon the working spouse’s consent, be entitled to
voluntary Pag-IBIG (Pagtutulungan — Ikaw, Bangko, Industriya at
Gobyerno), Government Service Insurance System (GSIS) or Social
Security System (SSS) coverage to the extent of one-half (1/2) of the
salary and compensation of the working spouse. The contributions
due thereon shall be deducted from the salary of the working spouse.
Republic Act 7877: Anti-Sexual
Harassment Act of 1995

An act declaring sexual harassment


unlawful in the employment, education or
training environment, and for other
purposes.
SECTION 2. Declaration of Policy. – The State shall value
the dignity of every individual, enhance the development
of its human resources, guarantee full respect for human
rights, and uphold the dignity of workers, employees,
applicants for employment, students or those undergoing
training, instruction or education. Towards this end, all
forms of sexual harassment in the employment, education
or training environment are hereby declared unlawful.
 (a) In a 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;
SECTION 3. Work, Education or Training -Related, Sexual
Harassment Defined. – Work, education or  training-related
sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other  person
who, having authority, influence or moral ascendancy  over
another in a work or training or education environment,
demands, requests or otherwise requires any sexual favor 
from the other, regardless of whether the demand, request or 
requirement for submission is accepted by the object of said
Act.
(3) When the sexual favor is made a condition to the giving  of a
passing grade, or the granting of honors and scholarships,  or the
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.
     
Any person who directs or induces another to commit any  act of
sexual harassment as herein defined, or who cooperates  in the
commission thereof by another without which it would  not have been
committed, shall also be held liable under this  Act.
SECTION 4. Duty of the Employer or Head of Office 
in a Work-related, Education or Training Environment.
– It shall be the duty of the employer or the head of the 
work-related, educational or training environment or
institution, to prevent or deter the commission of acts of
sexual  harassment and to provide the procedures for the
resolution,  settlement or prosecution of acts of sexual
harassment.
SECTION 5. Liability of the Employer, Head of  Office,
Educational or Training Institution. – The employer or
head of office, educational or training institution 
shall be solidarily liable for damages arising from the
acts of   sexual harassment committed in the
employment, education or training environment if the
employer or head of office,  educational or training
institution is informed of such acts by  the offended
party and no immediate action is taken.
SECTION 6. Independent Action for Damages. –  Nothing in this
Act shall preclude the victim of work, education or training-
related sexual harassment from instituting a  separate and
independent action for damages and other affirmative relief.

SECTION 7. Penalties. – Any person who violates the  


provisions of this Act shall, upon conviction, be penalized by  
imprisonment of not less than one (1) month nor more than six
(6) months, or a fine of not less than Ten thousand pesos 
(P10,000) nor more than Twenty thousand pesos (P20,000), or 
both such fine and imprisonment at the discretion of the court.
Thank you for listening! God
bless!
References:

Magna Carta of Women (R.A. 9710) (csc.gov.ph)


Republic Act 7192: Women in Development and Natio
n Building Act | Philippine Commission on Women (pc
w.gov.ph)
Republic Act 7877: Anti-Sexual Harassment Act of 199
5 | Philippine Commission on Women (pcw.gov.ph)

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