LESSON 3: Philippine Laws on Gender and Society Flashcards
also known as AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES
Republic Act 9262 Anti-Violence Against Women and Their Children Act of 2004
Republic Act 9262 was signed on May 8, 2004 by then[?], with full support of women’s rights and feminist groups.
President Gloria Macapagal-Arroyo
charges tougher penalties for abusive husbands and men and marks the declaration of the State’s valuation to “the dignity of women and children and guarantees full respect for human rights” (Sec. 2).
Anti-Violence Against Women and their Children Act (VAWC) of 2004
was the principal author of Senate Bill 2723 or the Anti- VAWC bill in the Senate
Senator Loi Ejercito
was the principal author of House Bill 5516 at the House of Representatives.
Rep. Bellaflor Angara-Castillo
which is the declaration of policy, avowed 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.”
Republic Act 9262, Section 2
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.
“Violence against women and their children”
refers to acts that include bodily or physical harm
A. “Physical Violence”
refers to an act which is sexual in nature, committed against a woman or her child.
B. “Sexual violence”
Rape, sexual harassment, acts of asciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser
B. “Sexual violence”
Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion
B. “Sexual violence”
Prostituting the woman or child.
B. “Sexual violence”
refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity.
C. “Psychological violence”
It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
C. “Psychological violence”
refers to acts that make or attempt to a woman financially dependent
D. “Economic abuse”
Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code
D. “Economic abuse”
Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common
D. “Economic abuse”
Destroying household property
D. “Economic abuse”
Controlling the victims’ own money or properties or solely controlling the conjugal money or properties.
D. “Economic abuse”
refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.
“Battery”
refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
“Battered Woman Syndrome”
refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.
“Stalking”
refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship.
“Dating relationship”
A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a
“Dating relationship”
refers to a single sexual act which may or may not result in the bearing of a common child.
“Sexual relations”
refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.
“Safe place or shelter”
refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610.
“Children”
As used in this Act, it includes the biological children of the victim and other children under her care.
“Children”
enumerated the following Acts of Violence Against Women and Their Children.
Republic Act 9262, Section 5
Causing physical harm to the woman or her child
Republic Act 9262, Section 5
Threatening to cause the woman or her child physical harm
Republic Act 9262, Section 5
Attempting to cause the woman or her child physical harm
Republic Act 9262, Section 5
Placing the woman or her child in fear of imminent physical harm
Republic Act 9262, Section 5
Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct
Republic Act 9262, Section 5
This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of [?] to her/his family;
(2) Depriving or threatening to deprive the woman or her children of [?] legally due her or her family, or deliberately providing the woman’s children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a [?]; and
(4) Preventing the woman in engaging in any [?] or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or properties.
custody
financial support
legal right
legitimate profession, occupation, business or activity
Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions
Republic Act 9262, Section 5
Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family
Republic Act 9262, Section 5
Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child.
Republic Act 9262, Section 5
Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:
(1) [?] or following the woman or her child in public or private places;
(2) [?] in the window or lingering outside the residence of the woman or her child;
(3) [?] or remaining in the dwelling or on the property of the woman or her child against her/his will;
(4) [?] the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and
(5) [?] in any form of harassment or violence.
Stalking
Peering
Entering
Destroying
Engaging
Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children. (See full text of R.A. 9262, Appendix “”)
Republic Act 9262, Section 5
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.
Republic Act 9262
The law defines violence against women and their children as a public crime. It provides for the security of the woman-complainant and her children through the availment of the barangay, temporary or permanent protection orders. It also identifies the duties of barangay officials, law enforces, prosecutors, court personnel, social welfare and health care providers and the LGUs to provide the necessary protection and support of VAWC victims.
Republic Act 9262
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Republic Act No. 7610
It is the policy of the State to provide special protection to children from all firms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination.
Republic Act No. 7610
The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same.
Republic Act No. 7610
It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control.
Republic Act No. 7610
The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child.
Republic Act No. 7610
Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.
Republic Act No. 7610
refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
“Children”
refers to the maltreatment, whether habitual or not, of the child
“Child abuse”
“Child abuse” refers to the maltreatment, whether habitual or not, of the child which includes any of the following:
(1) [?], neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic [?] of a child as a human being;
(3) [?] of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give [?] to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.
Psychological and physical abuse
worth and dignity
Unreasonable deprivation
medical treatment
What other circumstances would gravely threaten or endanger the survival and normal development of children?
(1) Being in a community where there is [?] or being affected by armed conflict-related activities;
(2) Working under conditions [?] to life, safety and normal which unduly interfere with their normal development;
(3) Living in or fending for themselves in the [?] of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of an [?] and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life;
(5) Being a victim of a [?] or calamity; or
(6) Circumstances analogous to those above stated which endanger the [?] of children.
armed conflict
hazardous
streets
indigenous cultural community
man-made or natural disaster
life, safety or normal development
What does “Comprehensive program against child abuse, exploitation and discrimination” men?
It refers to the coordinated program of services and facilities to protected children against:
(1) [?] and other sexual abuse;
(2) [?];
(3) [?] and indecent shows;
(4) Other acts of [?]; and
(5) Circumstances which threaten or endanger the [?]
Child Prostitution
Child trafficking
Obscene publications
abuses
survival and normal development of children.
Can children be employed? Yes, when a child’s employment or participation in [?] through cinema, theater, radio or television is essential: Provided, that employment contract is concluded by the [?], with the express agreement of the child concerned, if possible, and the approval of the [?]
public entertainment or information
child’s parent or guardian
Department of Labor and Employment
Can children be employed?
Provided, further that the following requirements in all instances are strictly complied with:
(a) The employer shall ensure the [?] of the child;
(b) The employer shall institute measures to prevent the child’s [?] taking into account the system and level of remuneration, and the duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a [?] for training and skills acquisition of the child.
protection, health, safety, morals and normal development
exploitation or discrimination
continuing program
What should the law provide for Children of Indigenous Cultural Communities? These children in addition to the rights guaranteed to children under this Act:
1. They shall be entitled to [?] consistent with the customs and traditions of their respective communities.
2. The Department of Education, Culture and Sports shall develop and institute an alternative system of education for children of [?] which is culture-specific and relevant to the needs and the existing situation in their communities.
3. The Department of Education, Culture and Sports shall also accredit and support nonformal but functional [?] conducted by non-governmental organizations in said communities.
4. The delivery of [?] in health and nutrition to children of indigenous cultural communities shall be given priority by all government agencies concerned and n the provisions of health and nutrition services to children of indigenous cultural communities, indigenous health practices shall be respected and recognized.
5. These children of indigenous cultural communities shall not be subjected to any and all forms of [?].
protection, survival and development
indigenous cultural communities
indigenous educational programs
basic social services
discrimination
Children in Situations of Armed Conflict are declared as Zones of Peace. It shall be the responsibility of the State and all sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace and in order to obtain this objective, the following policies shall be observed:
(a) Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of [?] or other cruel, inhumane or degradingtreatment;
(b) Children shall not be recruited to become members of the [?] or its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as [?] shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in [?] from both government and non-government institutions shall be ensured. They shall not be subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as [?] shall not be utilized for military purposes such as command posts, barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to [?].
threat, assault, torture
Armed Forces of the Philippines
education, primary health and emergency relief services
fact-finding missions
schools, hospitals and rural health units
armed conflict
Who may file the case for Violation of this law? Complaints on cases of unlawful acts committed against children may be filed by the following:
(a) [?];
(b) [?] or guardians;
(c) [?] within the third degree of consanguinity;
(d) [?] of a licensed child-caring institution;
(e) Officer of social worker of the [?];
(f) [?]; or
(g) At least three (3) [?] where the violation occurred.
Offended party
Parents
Ascendant or collateral relative
Officer, social worker or representative
Department of Social Welfare and Development
Barangay chairman
concerned responsible citizens
- Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Relations Courts. (See full text of R.A. 7610 as Appendix “”)
Special Court Proceedings.
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES
REPUBLIC ACT 8353
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES
ACT NO. 3815
Rape Is Committed – By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through [?];
b) When the offended party is deprived of reason or otherwise [?];
c) By means of [?] or grave abuse of authority; and
d) When the offended party is [?] or is demented, even though none of the circumstances mentioned above be present.
N.B. The above cited acts shall be punished by reclusion perpetua (imprisonment of at least [?], after which the convicted would be eligible for parole)
force, threat, or intimidation
unconscious
fraudulent machination
under twelve (12) years of age
20 years and one day to a maximum of 40 years
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be
reclusion perpetua to death
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion perpetua to death.
reclusion perpetua to death
When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.
reclusion perpetua to death
When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death.
reclusion perpetua to death
When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim
death penalty
When the victim is under the custody of the police or military authorities or any law enforcement or penal institution
death penalty
When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity
death penalty
When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime
death penalty
When the victim is a child below seven (7) years old
death penalty
When the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually-transmissible disease and the virus or disease is transmitted to the victim
death penalty
When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime
death penalty
When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability
death penalty
When the offender knew of the pregnancy of the offended party at the time of the commission of the crime
death penalty
When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.
death penalty
Through force, threat, or intimidation
reclusion perpetua
When the offended party is deprived of reason or otherwise unconscious
reclusion perpetua
By means of fraudulent machination or grave abuse of authority
reclusion perpetua
When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
reclusion perpetua
imprisonment of at least 20 years and one day to a maximum of 40 years, after which the convicted would be eligible for parole
reclusion perpetua
imprisonment for 6 years and one day to 12 years
prision mayor
imprisonment of 12 years and one day to 20 years
reclusion temporal
inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person
sexual assault
Rape is committed by any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person
prision mayor
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be
prision mayor to reclusion temporal.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be
reclusion temporal.
“ When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be
reclusion temporal to reclusion perpetua.”
“When by reason or on the occasion of the rape, homicide is committed, the penalty shall be
reclusion perpetua.”
What happens to the case if the victim and perpetrator will subsequently marry?
Answer: The subsequent valid marriage between the offender and the offended party shall extinguishthe criminal action or the penalty imposed. (?)
N.B. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio (not valid from the beginning) (See full text of R.A. No. 8353 as Appendix “”)
Art. 266-A of R.A. 8353
What are the specific constitutional and legislative provisions regarding Violence Against Women (VAW)?
- The 1987 Philippine Constitution
- Anti-Mail Order Bride Law (Republic Act 6955)
- Anti-Sexual Harassment Act of 1995 (Republic Act 7877)
- Rape Victims Assistance and Protection Act of 1998 (Republic Act 8505)
- Anti-Trafficking in Persons Act of 2003 (Republic Act 9208)
- Article 245 of the Revised Penal Code (Republic Act 3815)
- The Magna Carta of Women (Republic Act 9710)
- The protection of the human rights of all Filipinos is contained in the Philippine Constitution.
The 1987 Philippine Constitution
Among its salient provisions is Article II, Section 14 which provides that “the state recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men.”
The 1987 Philippine Constitution
– The law declares unlawful the matching of Filipino mail-order brides to foreigners.
Anti-Mail Order Bride Law (Republic Act 6955)
It penalizes the business of matching Filipino women for marriage to foreign nationals either through personal introduction as well as through advertisement, publication, printing or distribution of brochure and flyers, through membership in clubs created for matching Filipinas to foreign nationals and, through the use of the postal service.
Anti-Mail Order Bride Law (Republic Act 6955)
– The law makes incidents involving unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of sexual nature, made directly or indirectly in the employment, education or training environment unlawful.
Anti-Sexual Harassment Act of 1995 (Republic Act 7877)
Sexual harassment is about abusing power relations – using one’s power to extract sexual favors.
Anti-Sexual Harassment Act of 1995 (Republic Act 7877)
The law provides assistance and protection to rape victims, establishes for the purpose a rape crisis center in every province and city and authorizes the appropriation of funds for the establishment and operation of the rape crisis center.
Rape Victims Assistance and Protection Act of 1998 (Republic Act 8505)
Aside from the provision of services, capacity building/training is also mandated for the law enforcement officers, public prosecutors, lawyers, medico-legal officers, social workers and barangay officials on human rights and their responsibilities, gender sensitivity and legal management of rape cases.
Rape Victims Assistance and Protection Act of 1998 (Republic Act 8505)
– The law defines trafficking in person in terms of the acts, means and purposes of trafficking.
Anti-Trafficking in Persons Act of 2003 (Republic Act 9208)
The trafficked person is considered as a victim thus, she/he should be provided protection and support services by the State.
Anti-Trafficking in Persons Act of 2003 (Republic Act 9208)
Government agencies are mandated to provide services to the trafficked persons at the international, national and local levels for his/her early recovery and reintegration.
Anti-Trafficking in Persons Act of 2003 (Republic Act 9208)
– The law provides that abuse against chastity is committed by any public officer who shall solicit or make immoral advances to a woman interested in matters pending before such office for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or by any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody.
Article 245 of the Revised Penal Code (Republic Act 3815)
A penalty of prison correctional in its medium and maximum periods and temporary special disqualification shall be imposed on the offender. (NSO, 2009)
Article 245 of the Revised Penal Code (Republic Act 3815)
Is a 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.
The Magna Carta of Women (Republic Act 9710)
All rights in the Philippine Constitution and those rights recognized under international instruments duly signed and ratified by the Philippines, in consonance with Philippine laws shall be rights of women under the Magna Carta of Women.
The Magna Carta of Women (Republic Act 9710)
These rights shall be enjoyed without discrimination since the law prohibits discrimination against women, whether done by public and private entities or individuals.
The Magna Carta of Women (Republic Act 9710)
(Republic Act 6955)
- Anti-Mail Order Bride Law
(Republic Act 7877)
- Anti-Sexual Harassment Act of 1995
(Republic Act 8505)
- Rape Victims Assistance and Protection Act of 1998
(Republic Act 9208)
- Anti-Trafficking in Persons Act of 2003
(Republic Act 3815)
- Article 245 of the Revised Penal Code
(Republic Act 9710)
- The Magna Carta of Women
