Laws on Women-and Children in the philippines

Human Rights Law – Vulnerable Sectors
Public International Law – Philippines is a Signatory to :
• Universal Declaration on Human Rights
• United Nations Convention on the Elimination of all forms of
Discrimination Against Children
• United Nations Convention on Migrant Workers and their
Families
• United Nations Convention on the Rights of the Child
• United Nations Convention against Transnational Organized
Crime including its Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children
WHY DO WE HAVE LAWS PROTECTING WOMEN AND
CHILDREN?

Trafficking in Persons: refers to the recruitment, obtaining,
hiring, providing, offering, transportation, transfer,
maintaining, harbouring, or receipt of persons with or
without the victim’s consent or knowledge, within or across
national borders by means of threat, or use of force, or other
other forms of coercion, abduction, fraud, deception, abuse
abuse of power or of position, taking advantage of the
vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person
having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation
RA 9208 (Anti-Trafficking Act) as amended by RA 10364 (An
Act Expanding RA 9208)

or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or
the removal of organs.
The recruitment, transportation, transfer,
harbouring, adoption or receipt of a child for the purpose
of exploitation or when the adoption is induced by any
form of consideration for the exploitative purposes shall
also be considered as trafficking in persons even if it does
not involve ant of the means set forth in he preceding
paragraph.

What are these acts prohibited?
• PROSTITUTION
• FORCED LABOR
• SLAVERY
• INVOLUNTARY SERVITUDE (added in RA 10364)
• SEX TOURISM
• SEXUAL EXPLOITATION
• DEBT BONDAGE
• PORNOGRAPHY
RA 9208 (Anti-Trafficking Act) as expanded by RA 10364
(An Act Expanding RA 9208)

Role of the Barangay :
They shall monitor cases of trafficking in
persons in their area of jurisdiction. They
shall also undertake an information
campaign against trafficking in
persons…xxx… They shall encourage and
support community-based initiative which
address the trafficking in persons.

Accomplice Liability:
Whoever knowingly aids, abets, cooperates in the execution of
the offense by previous or simultaneous acts .
Accessories:
Whoever has the knowledge of the commission of the crime
and without having participated therein, either principal or as
accomplice, take part in the commission of the crime.
Acts that promote Trafficking

Confidentiality:
At any stage of the investigation, rescue, prosecution and trial
of the offense…xxx…shall protect the right to privacy of the
trafficked persons.
Programs that Address Trafficking in Persons:
LGUs - Shall monitor and document cases of trafficking in
persons in their areas of jurisdiction, effect the cancellation of
licenses of establishments which violates the provision of this
Act and ensure effective prosecution of such cases.

Public Official
If the offender is a public official, he or she
shall be dismissed from service and shall suffer
perpetual absolute disqualification to hold public
office, in addition to any imprisonment or fine
received.

RA 8353 Anti-Rape Law of 1997
Rape as a Crime Against Persons
When and How Rape is committed:
1. By a MAN who shall have carnal knowledge of a
woman under any of the following circumstances:
• Through force, threat or intimidation;
• When the offended party is deprived of reason or
otherwise unconscious;
• By means of fraudulent machination or grave
abuse of authority; and
• When the offended party is under 12 years of age
or is demented, even though none of the
circumstances mentioned above be present.

RA 8353 Anti-Rape Law of 1997
2. By ANY PERSON who, under any 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 genital or anal orifice of
another person.

RA 8505 An Act Providing Assistance
and Protection for Rape Victims,
Establishing for the Purpose a
RAPECRISIS CENTER in every
Province and City, Authorizing the
appropriation of Funds therefor and
for other purposes

RA 9262 Anti-Violence against
Women and their Children Act

RA 9262 Anti-Violence Against Women and Their Children
Reasons why there are women who do not
report cases of violence against them:
 PERSONAL (embarrassment, fear of
retaliation, economic dependency)
 SOCIETAL (imbalanced power relations
for men and women in society, privacy of
the family, victim blaming attitude)
By Commission on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Philippines is a signatory, July 15, 1980 and Ratified on August 5, 1981

WHO ARE PROTECTED?
 WOMAN
• WIFE
• FORMER WIFE
• WITH WHOM THE PERSON HAS OR HAD SEXUAL OR
DATING RELATIONSHIP
• WITH WHOM HE HAS A COMMON CHILD
 CHILDREN OF THE ABUSED WOMEN (AS DEFINED IN RA 7610)
• LEGITIMATE
• ILLEGITIMATE
• CHILDREN UNDER HER CARE/CUSTODY
• CHILDREN WITHIN OR WITHOUT IN THE
FAMILY ABODE.

WHO ARE LIABLE?
 HUSBANDS
 EX/FORMER HUSBANDS
 BOYFRIENDS/EX BOYFRIENDS
 LESBIAN PARTNERS/EX-LESBIAN PARTNERS
 ANY PERSON WITH WHOM THE WOMAN HAS/HAD A:
- DATING RELATIONSHIP
- SEXUAL RELATIONSHIP

ANY ACT OR SERIES OF ACTS BY ANY PERSON
AGAINST A WOMAN COVERED BY THIS ACT WHICH
RESULT IN OR LIKELY TO RESULT IN:
PHYSICAL, SEXUAL, PSYCHOLOGICAL HARM
OR SUFFERING OR ECONOMIC ABUSE .

1. PHYSICAL VIOLENCE
• PHYSICAL INJURIES
• MUTILATION
2. SEXUAL VIOLENCE
ANY ACT WHICH IS SEXUAL IN NATURE COMMITTED AGAINST A
WOMAN OR HER CHILD:
- RAPE, ACTS OF LASCIVIOUSNESS
- TREATING THE WOMAN OR CHILD AS SEX OBJECT
TYPES OF VIOLENCE PUNISHABLE
UNDER THIS LAW

3. ECONOMIC ABUSE
ACTS THAT MAKE OR ATTEMPT TO MAKE A WOMAN
FINANCIALLY DEPENDENT, WHICH INCLUDES:
- WITHDRAWAL OF OR INSUFFICIENT OF FINANCIAL
SUPPORT
- PREVENTING HER FROM ENGAGING IN A
LEGITIMATE PROFESSION, BUSINESS OR ACTIVITY
- DEPRIVATION OR THREAT OF DEPRIVATION OF
FINANCIAL RESOURCES
- DESTROYING HOUSEHOLD PROPERTY
- CONTROLLING VICTIM’S OWN MONEY
OR PROPERTIES.

4. PSYCHOLOGICAL VIOLENCE
ACTS OR OMISSIONS CAUSING OR LIKELY TO
CAUSE MENTAL OR EMOTIONAL SUFFERINGS
WHICH INCLUDES:
- STALKING
- RIDICULE
- REPEATED VERBAL ABUSE
- DEPRIVING THE WOMAN OF
ACCESS TO HER FAMILY
- MARITAL INFIDELITY

• PEERING IN THE WINDOW; LINGERING OUTSIDE
RESIDENCE
• ENTERING OR REMAINING IN THE HOUSE OR IN
THE PROPERTY OF THE WOMAN OR HER CHILD
• DESTROYING PERSONAL BELONGINGS
• CAUSING OR HARM TO ANIMALS, PETS OF THE
WOMAN OR HER CHILD.
• INFLICTING OR THREATENING TO INFLICT PHYSICAL HARM ON
ONESELF FOR THE PURPOSE OF CONTROLLING HER ACTIONS
OR DECISIONS.
• THREATENING THE WOMAN THAT SHE WILL LOST HER CHILD

PROTECTION ORDERS
(BPO/TPO/PPO)
PURPOSES OF THE PO:
•
•

RELIEFS:
•
•
• REGARDLESS
OF OWNERSHIP
•

•
•
•
NOTE: ANY OF THE RELIEFS PROVIDED SHALL BE GRANTED EVEN
IN THE ABSENCE OF LEGAL SEPARATION OR ANNULMENT OR
DECLARATION OF ABSOLUTE NULLITY OF MARRIAGE.
THE ISSUANCE OF A BPO OR THE PENDENCY OF AN
APPLICATION FOR BPO SHALL NOT PRECLUDE A PETITIONER FROM
APPLYING FOR, OR THE COURT FROM GRANTING A TPO OR PPO.

BARANGAY PROTECTION ORDER
•
•
•
•

•
•
NOTE : VIOLATION OF THE BPO - SHALL BE
FILED WITH THE MTC, MCTC AND MTCC WHICH
HAS TERRITORIAL JURISDICTION OF THE
BARANGAY WHICH ISSUED THE BPO.

BPO
receiv
e?
Start
Victim
Survivor
petitioner
reports
Incident to
the Barangay
PB interviews
victim; records;
& advises her to
file an
application for
BPO
The PB/Kagawad
conducts ex
parte
proceedings for
the issuance of
BPO
The PB issues
BPO on the same
day of appointment
The
PB/Kagawad
serves BPO to
the respondent
A
Yes
No
B
Respondents
receives BPO
If respondent
is not around,
the PB/
Kagawad will
leave a copy
of the BPO at
Victim/ PB
files
complaint for
BPO violation
with
MTC/CTC/
MCTC
A
B
D
The PB (or
Kagawad)
records all
BPOs issued
PB transmits copy
of issued BPO to
PNP Women &
Children Protection
PB/ &
LSWDO
provides
counseling
assistance to
victim
PB monitors
respondent’s
compliance to
BPO
BPO
violate
d?
C
D
Yes
C
No
END

TEMPORARY PROTECTION ORDER
•
•
•
•

PERMANENT PROTECTION ORDER
•
•

EXEMPTION:
•
THE COURT SHALL ACCEPT THE
APPLICATION WITHOUT PAYMENT OF THE FILING FEE AND
OTHER FEES AND OF TRANSCRIPT OF STENOGRAPHIC
NOTES.

•
•
•
•
•
•
•
•

DUTIES OF BARANGAY OFFICIALS & LAW
ENFORCERS
•
•
•
•
•

(CONT. . ) BARANGAY OFFICIALS/POLICE
•
•
•
•

• NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY:
•
•

PENALTIES FOR FAILURE TO REPORT

CONFIDENTIALITY OF RECORDS
•
•
•

ONE (1) YEAR IMPRISONMENT
PLUS A FINE OF NOT MORE
THAN P500,000.00

“BEHIND THE SUCCESS OF
EVERY MAN IS A
WOMAN”
AND

“BEHIND THE FAILUREOF
EVERY MAN IS THE
OTHERWOMAN”

RA 9710 Magna Carta of Women
RA 6949 Celebrating National Women’s Day
every March 8 of the month
RA 7192 Women in Development and Nation-
Building Act
RA 7192 Party List System Act
RA 7877 Anti Sexual Harassment Act
RA 6955 An Act Penalizing matching of Filipino
MailOrder Brides

RA 9344 (The Juvenile Justice Welfare Act) as
amended by RA 10630 (An Act Strengthening
the Juvenile Justice System in the Philippines
amending for the purpose the Juvenile Justice
Welfare Act of 2006 and appropriating funds
thereof)

WHAT ARE THE RIGHTS OF A CHILD?

PROFILE OF FILIPINO CICL :
•
•
•
•
•
•
•

IN RESPONSE:
RA : 9344 [JUVENILE JUSTICE &
WELFARE ACT OF 2006
(20 MAY 2006 )
[IRR: 19 SEPTEMBER 2006]
RESTORATIVE
JUSTICE

VICTIM [V], OFFENDER [O],
COMMUNITY [C]
•
•
•
•

WHO IS CHILD / CICL?
• “CHILD”
• “CHILD IN CONFLICT WITH THE
LAW”

15 YEARS OF AGE OR YOUNGER
ABOVE 15 [ 15+1 DAY

INITIAL CONTACT WITH THE CICL
•
•
•
•
•
•
•

• WHERE THE CASE SHALL BE REFERRED?
• AFTER INITIAL INVESTIGATION:
• INTERVENTION:
• LSWDO – IF FIFTEEN YEARS OLD OR BELOW, OR ABOVE FIFTEEN
YEARS BUT BELOW 18 YEARS OF AGE AND ACTED WITHOUT
DISCERNMENT
• DIVERSION:
• LAW ENFORCEMENT OFFICER - IF THE CHILD IS ABOVE 15,
BUT BELOW YEARS ACTED WITH DISCERNMENT AND COMMITTED AN
OFFENSE WITH AN IMPOSABLE PENALTY OF NOT MORE THAN SIX
YEARS OF IMPRISONMENT.
• DIVERSION:
• PROSECUTOR OR JUDGE – IF THE CHILD IS ABOVE 15 BUT
BELOW 18 YEARS OF AGE, ACTED WITH DISCERNMENT AND
ALLEGEDLY COMMITTED AN OFFENSE WITH AN IMPOSABLE PENALTY
OF MORE THAN SIX YEARS OF IMPRISONMENT.

DIVERSION IS AVAILABLE
AT LEVEL OF:

KINDS OF INTERVENTION PROGRAMS
(BY THE LSWDO)
•
•
•
•
•

DIVERSION AT THE KATARUNGANG
PAMBARANGAY (LUPONG TAGAPAMAYAPA)
•
•
MECHANISM/FORMS ARE:

PROCEDURE DURING THE
DIVERSION..
•
•
•
•
•

LENGTH OF PROCEEDINGS
•
•
•
•
•
•

ACCEPTANCE OF CONTRACT, FORM AND
CONTENT
•
•
•
•
•
•

WHEN THERE IS NO DIVERSION
PUNONG BARANGAY
LAW ENFORCEMENT OFFICER
PROSECUTOR OR COURT
‘CHILD’

DIVERSION PROGRAMS:
BARANGAY LEVEL (LUPON)
•
•
•
•
•
•

CONFIDENTIALITY OF RECORDS
•
•
•
•
•
•
•
•

LOCAL COUNCIL FOR THE
PROTECTION OF CHILDREN
1)
2)
3)
4)

RESPONSIBILITY OF BCPC
•
•

RA 7610 Special Protection
of Children against Child
abuse, Exploitation and
Discrimination and for other
purposes

What are these acts prohibited?
• Child Prostitution and other Sexual Abuse
• Attempt to Commit Child Prostitution
• Child Trafficking
• Attempt to Commit Child Trafficking
• Obscene Publication and Indecent Shows
• Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child
Development
• Employment of Children below 15 years old
RA 7610 Special Protection Against Child Abuse,
Exploitation and Discrimination and For Other Purposes

Article IX
Children of Indigenous Cultural Communities shall
be entitled to Protection, survival and development
consistent with the customs and traditions.
They shall have access to education (ALS), health
and Nutrition and Participation in planning, decision-
making and evaluation of all government programs.
They shall not be subject to discrimination.

Article X
Children are declared as ZONES OF
PEACE
• Evacuation of Children During Armed
Conflict
• Family Life and Temporary Shelter
• Rights of the Child arrested for Reasons
to Armed Conflict

Who may file?
• Offended Party
• Parents or Guardian
• Ascendant or collateral relative within the third degree of
consanguinity
• Officer, social worker or representative of a licensed child-
caring institution
• Officer or social worker of the DSWD
• BARANGAY CHAIRMAN
• At least 3 concerned responsible citizens where the violation
occurred.

Laws on Women-and Children in the philippines

Laws on Women-and Children in the philippines

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