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LAWS AND GRP. #3

GENDER 😊😊😊😊
 MEMBERS

BUENAVENTURA, BUAYA, CHARLES

ABBIG, MATTHEW
CHARISSE M.
MEMBERS
MEMBERS
LAWS AND GRP. #3

GENDER 😊😊😊😊
RA 9710 Magna Carta
of Women

RA 7877 on Anti-Sexual
Harassment Act of 1995
 RA 9262 on Violence Against
Women and Their Children (VAWC

Reproductive Health Law

RA 9710 Magna Carta of Women

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 RA 9710 Magna Carta of Women
What is Magna Carta of Women (Republic Act No. 9710)?

The Magna Carta of Women is comprehensive women’s human rights law that seeks to eliminate discrimination against women by
recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in marginalized sector.
 RA 9710 Magna Carta of Women
Who will be responsible for implementing the Magna Carta of Women?

The State, the private sector, society in general, and all individuals shall contribute to the recognition, respect and promotion of the
rights of women defined and guaranteed in the Magna Carta of Women. The Philippine Government shall be the primary duty-bearer in
implementing the said law. This means that all government offices,
including local government units and government-owned and controlled corporations shall be responsible to implement the provisions
of Magna Carta of Women that falls within their mandate, particularly those that
guarantee rights of women that require specific action from the State. As the primary duty-bearer, the Government is tasked to:

• refrain from discriminating against women and violating their rights;

• protect women against discrimination and from violation of their rights by private corporations, entities, and individuals;
• promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination.

The Government shall fulfill these duties through the development and implementation of laws, policies,regulatory instruments,
administrative guidelines, and other appropriate measures, including temporary special measures. It shall also establish mechanisms to
promote the coherent and integrated implementation of the Magna Carta of Women and other related laws and policies to effectively
stop discrimination against Filipino women.

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 RA 9710 Magna Carta of Women

What are the penalties of violators?

If the violation is committed by a government agency or any government office, including government-owned and
controlled corporations and local government units, the person directly responsible for the violation, as well as the head
of the agency or local chief executive shall be held liable under the Magna Carta of Women. The sanctions under
administrative law, civil service or other appropriate laws shall be recommended by the Commission on Human Rights
to the Civil Service Commission and the Department of the Interior and Local Government.

Further, in cases where violence has been proven to be perpetrated by agents of the State, such shall be considered
aggravating offenses with corresponding penalties depending on the severity of the offenses.

If the violation is committed by a private entity or individual, the person directly responsible for the violation shall be
liable to pay damages. Further, the offended party can also pursue other remedies available under the law and can
invoke any of the other provisions of existing laws, especially those that protect the rights of women.

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 RA 9710 Magna Carta of Women

How will the implementation of the Magna Carta of Women be funded?

The Magna Carta of Women provides that the State agencies should utilize their gender and development budgets for programs and
activities to implement its provisions. Funds necessary for the implementation of the Magna Carta of Women shall be charged against
the current appropriations of the concerned agencies, and shall be included in their annual budgets for the succeeding years.

The Magna Carta of Women also mandates the State to prioritize allocation of all available resources to effectively fulfill its obligations
under the said law.

Who will formulate the Implementing Rules and Regulations?

The Philippine Commission on Women, in coordination with the Commission on Human Rights and all concerned departments and
agencies including, as observers, both Houses of Congress, and with the participation of representatives from non-government
organizations and civil society groups shall formulate the implementing rules and regulations of the Magna Carta of Women.

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RA 7877 on Anti-Sexual Harassment Act of 1995

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 RA 7877 on Anti-Sexual Harassment Act of 1995

WHAT IS SEXUAL HARASSMENT?

It is an act or a series of acts involving any unwelcome sexual advance, 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
education- related environment.

WHAT IS THE POLICY OF THE STATE ON SEXUAL HARASSMENT?

Sexual harassment, which has been declared unlawful in the workplace, training and education environments, will not be
tolerated as it violates the dignity and human rights of a person.

WHAT IS THE PRESENT LAW ON SEXUAL HARASSMENT?

R.A. 7877, an “Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for
other purposes” was approved on February 14, 1995 and became effective on March 5, 1995, fifteen (15) days after its
publication in the Malaya and Times Journal on February 18, 1995. It is known as “The Anti-Sexual Harassment Act of 1995”.

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 RA 7877 on Anti-Sexual Harassment Act of 1995

WHAT IS RA 7877 ON ANTI-SEXUAL HARASSMENTVACT OF 1995?

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. RA 7877 states that “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.

WHAT IS CIVIL SERVICE COMMISSION (CSC) RESOLUTION NO. 01-0940?

It is known as the Administrative Disciplinary Rules on Sexual Harassment Cases.

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 RA 7877 on Anti-Sexual Harassment Act of 1995

How is work-related sexual harassment committed?

Work-related Sexual Harassment is committed when:

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, conditions, promotions, or privileges; or 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. The above acts would impair the employee’s rights or privileges under existing labor laws; or the
above acts would result in an intimidating, hostile or offensive environment for the employee.

How is education or training-related sexual harassment committed?

Education or Training-related Sexual Harassment is committed:

Against one who is under the care, custody or supervision of the offender; against one whose education, training, apprenticeship, or tutorship
is entrusted to the offender; when the sexual favor is made a condition to the giving of a passing grade, or granting of honors and scholarships,
or the payment of a stipend, allowance or other benefits, privileges, or considerations; or when the sexual advances result in an intimidating,
hostile or offensive environment for the student, trainee or apprentice.

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 RA 7877 on Anti-Sexual Harassment Act of 1995
WHAT ARE THE FORMS OF SEXUAL HARASSMENT?

1. Physical
a. Malicious touching
b. Overt sexual advances
c. Gestures with lewd insinuation
2. Verbal, such as but not limited to, requests or demands for sexual favors, and lurid remarks
3. Use of objects, pictures or graphics, letters or written notes with sexual underpinnings
4. Other forms analogous to the foregoing.

AT THE PRE-FILING STAGE, WHAT ASSISTANCE CAN THE AGENCY PROVIDE TO AN ALLEGED VICTIM OF SEXUAL HARASSMENT?

The agency may adopt mechanism to provide assistance to an alleged victim of sexual harassment which may include:

1. counseling;
2. referral to an agency offering professional help; and
3. advice or options available before the filing of the complaint.

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 RA 7877 on Anti-Sexual Harassment Act of 1995

WHAT IS THE CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT?

Sexual Harassment is classified as:

1. Grave Offenses

a. unwanted touching of private parts of the body (genitalia, buttocks, and breast);
b. sexual assault;
c. malicious touching;
d. requesting for sexual favor in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, a passing grade, the
granting of honors or scholarship, or the grant of benefits or payment of a stipend or allowance; and
e. other analogous cases.

2. Less Grave Offenses

a. unwanted touching or brushing against a victim’s body;

b. pinching not falling under grave offenses;
c. derogatory or degrading remarks or innuendoes directed toward the members of one sex or one’s sexual orientation or used to describe a person;
d. verbal abuse or threats with sexual overtones; and
e. other analogous cases.

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 RA 7877 on Anti-Sexual Harassment Act of 1995

3. Light Offenses

a. surreptitiously looking or stealing a look at a person’s private part or worn undergarments;

b. telling sexist/smutty jokes or sending these through text, electronic mail or other similar means, causing embarrassment or offense and carried out after the
offender has been advised that they are offensive or embarrassing or, even without such advise, when they are by their nature clearly embarrassing, offensive or
vulgar;
c. malicious leering or ogling;
d. the display of sexually offensive pictures, materials or graffiti;
e. unwelcome inquiries or comments about a person’s sex life;
f. unwelcome sexual flirtation, advances, propositions;
g. making offensive hand or body gestures at an employee;
h. persistent unwanted attention with sexual overtones;
i. unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver; and
j. other analogous cases.

The head of the agency who fails to act on the complaint within fifteen (15) days from receipt of any complaint for sexual harassment properly filed against any
employee in that office shall be charged with neglect of duty.
Any person found guilty of sexual harassment shall, after the investigation, be meted the penalty corresponding to the gravity of the offense.

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 RA 7877 on Anti-Sexual Harassment Act of 1995

WHAT ARE THE PENALTIES FOR OFFENSES OF SEXUAL HARASSMENT?

1. Grave offenses – Dismissal

2. Less grave offenses

1 st offense – Fine or suspension for thirty (30) days but not exceeding six (6) months

2 nd offense – Dismissal

3. Light offenses

1 st offense – Reprimand

2 nd offense – Fine or suspension not exceeding thirty (30) days

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RA 9262 on Violence Against Women and Their Children (VAWC)

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 RA 9262 on Violence Against Women and Their Children (VAWC)

What is RA9262 or the Anti-Violence Against Women and Their Children Act of 2004?

It is a law the seeks to address the prevalence of violence against women and their children (VAWC) by their intimate partners like their
husband or ex-husband, live-in partner or former live-in partner, boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or former
dating partner.

What is Violence Against Women and Their Children under RA9262?

It refers to any act or a series of acts committed by an intimate partner (husband, ex-husband, live-in partner, boyfriend/girlfriend, fiance, who
the woman had sexual/dating relationship):

> against a woman who is his wife, former wife;

> against a woman with whom the person has or had a sexual or dating relationship,
> against a women with whom he has a common child;
> against her child whether legitimate or illegitimate within or without the family abode,

Of which results 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.

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RA 9262 on Violence Against Women and Their Children (VAWC)

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 RA 9262 on Violence Against Women and Their Children (VAWC)

Who are the persons protected by R.A. 9262?

The law recognizes the unequal relations between a man and a woman in an abusive relationship where the woman is
usually at a disadvantage.

The following are the persons who are protected by R.A. 9262:

> Wife
>Former Wife
>A woman with whom the offender has or had sexual relations with
>A woman with whom the offender has a common child with
> the legitimate or illegitimate child of the woman within or without the family abode

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 RA 9262 on Violence Against Women and Their Children (VAWC)

Is VAWC committed by men alone?

Women can also be liable under the law. These are the lesbian partners/girlfriends or former partners of the victim with whom she has or
had a sexual or dating relationship.

What can women and children do under R.A. 9262?

Under the law, the offended party may file a criminal action, or apply for a Protection Order either as an independent action or as an
incident in civil or criminal action and other remedies.

What are the penalties for committing VAWC?

Offenders proven in court to be guilty of the crime shall be penalized with: imprisonment ranging from 1 month and 1 day to 20 years payment
of P100,000 to P300,000 in damages mandatory psychological counseling or psychiatric treatment.

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Reproductive Health Law (RA 10354)

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 Reproductive Health Law (RA 10354)

WHAT IS RH LAW?

Republic Act 10354 or the Responsible Parenthood and Reproductive Health Law of 2012 (RH Law) is a national policy that mandates the
Philippine government to comprehensively address the needs of Filipino citizens when it comes to responsible parenthood and
reproductive health. As such, the RH Law guarantees the following: (1) access to services on Reproductive Health (RH) and Family
Planning (FP), with due regard to the informed choice of individuals and couples who will accept these services, (2) maternal health care
services, including skilled birth attendance and facility-based deliveries, (3) reproductive health and sexuality education for the youth,
and (4) regular funding for the law’s full implementation.

WHAT DOES THE RH LAW UPHOLD?

The RH Law is rooted on the human rights of every individual including their right to equality and nondiscrimination, the right to sustainable
human development, the right to health including RH, and the right to make decisions for themselves in accordance with their religious
convictions, ethics, cultural beliefs, and the demands of responsible parenthood. The RH Law also recognizes the inviolable institution and
foundation of the family and guarantees the promotion of gender equality, gender equity, women empowerment and dignity as a health and
human rights concern and as a social responsibility.

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 Reproductive Health Law (RA 10354)

WHO SHALL BENEFIT FROM THE RH LAW?

Foremost of the beneficiaries of the RH Law are Filipino

women who have for long been deprived of comprehensive
information and services on RH. According to the 2011
Family Health Survey (FHS), unmet need for FP2 among
married women remains high at 19.3% (10.5% for birth
spacing and 8.8% for limiting births). More importantly, total
unmet need for FP is substantially greater among women
considered poor (25.8%) compared to non-poor women
(16.6 %). With the RH Law in place, women, especially the
poor, will now have full access to RH information and avail of
services that they deem necessary to address their RH
concerns. In turn, women will have the power to decide on
matters that concern their own bodies.

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 Reproductive Health Law (RA 10354)
WHAT ACTS ARE PROHIBITED UNDER RA 10354?

RA 10354 lists the following as prohibited acts (Sec. 23, RA 10354):

a. For any health care service provider to knowingly withhold information or restrict the dissemination of, and/or
intentionally provide incorrect information regarding, programs and services on RH including the right to informed choice
and access to a full range of legal, medically-safe, non-abortifacient and effective FP methods;

b. For any health care service provider to refuse to perform legal and medically-safe RH procedures on any person of legal
age on the ground of lack of consent or authorization of spouse, as in the case of married persons, and parents or guardians,
as in the case of minors;

c. For any health care service provider to refuse to extend quality health care services and information on account of the
person’s marital status, gender, age, religious convictions, personal circumstances, or nature of work; the conscientious
objection of a health care service provider based on his/her ethical or religious beliefs shall be respected but the same
should immediately refer the person to another health care service provider within the same facility or one which is
conveniently accessible so long as the person is not in an emergency condition;

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 Reproductive Health Law (RA 10354)

d. For any public officer, elected or appointed, mandated to implement the provisions of RA 10354 to prohibit or restrict the
delivery of legal and medically-safe RH care services, including FP; to force, coerce or induce any person to use such services;
to refuse to allocate, approve or release any budget for RH care services; to do any act that hinders the full implementation
of a reproductive health program; all these, either personally or through a subordinate;

e. For any employer to suggest, require, unduly influence or cause any applicant for employment or an employee to submit
himself/herself to sterilization, use any modern methods of FP, or not use such methods as a condition for employment,
continued employment, promotion or the provision of employment benefits, or consider pregnancy or the number of
children as a ground for non-hiring or termination from employment;

f. For any person to falsify a Certificate of Compliance to acquire a marriage license from the Local Civil Registrar; and

g. For ay pharmaceutical company or its agents or distributors, whether domestic or multinational, to directly or indirectly
collude with government officials, whether appointed or elected, in the distribution, procurement and/or sale by the
national government and LGUs of modern FP supplies, products and devices.

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