Reviewer

Module 7
Gender-based Violence: Survivor, Victim, Perpetrator and Human Rights

Definition of Term:
 Gender-based violence – any harmful act that is perpetrated against a persons’ will and that is based
on socially-ascribed (gender) differences between males and females (Inter-agency Standing
Committee Guidelines for Integrating Gender-based Violence in Interventions in Humanitarian
Action 2015).

Gender-based violence is one of the most widespread and human rights abuses, but least recognized in the
world. It refers to any harm perpetrated against a person’s will on the basis of gender, the socially ascribed
differences between males and females.
Gender-based violence has devastating consequences not only for victims, but also for society as a whole.
(Sigal et.al 2013) It results in physical, sexual and psychological harm to both men and women and includes
any form of violence or abuse that targets men or woman on the basis of their sex.
In the Philippines, gender-based violence has clearly been placed in the realm of women’s human rights over
the past decade. Prior to 1993, most governments regarded violence against women largely as a private matter
between individuals. (Loi et.al 1999)
Gender-based violence experienced by women and girls refers to battering and other forms of intimate partner
violence including marital rape, sexual violence, dowry-related violence, female infanticide, sexual abuse of
female children in the household, honor crimes, early marriage, forced marriage, female genital cutting and
other traditional practices commercial sexual exploitation, trafficking of girls and women and violence
perpetrated against domestic workers. (USAID 2009)
Gender-based violence cuts across public and private spheres, including home, school and work and takes
place during peacetime and conflict. It is both a human rights and a development issue, with negative
consequences for both women and men.
CONSEQUENCES OF GENDER-BASED VIOLENCE
These consequences include serious, immediate and long-term impacts on the sexual, physical and
psychological health of survivors.
Health consequences include unwanted pregnancies, complications from unsafe abortions, sexually
transmitted infections including HIV, injuries, mental health and psychosocial effects (depression, anxiety,
post-traumatic stress, suicide and death). Violence also affects children’s survival, development and school
participation.
Social consequences extend to families and communities. Families can also be stigmatized as a consequence
of gender-based violence. For example, when children are born following a rape, or if family members
choose to stand by a survivor, fellow members of their community may avoid them.
Economic consequences include the cost of public health and social welfare systems and reduced ability of
many survivors to participate in social and economic life.
SURVIVOR, VICTIM AND PERPETRATOR
Survivor is the preferred term (not a “victim”) of a person who lived through an incident of gender-based
violence. A perpetrator is a person, group or institution that inflicts, supports or condones violence or other
abuse against a person or group of persons.
Characteristics of perpetrators include:
1. Persons with real or perceived power;
2. Persons in decision-making positions; and
3. Persons in authority.
In all incidents of gender-based violence, there is always a survivor/victim and a perpetrator. Therefore, all
actions in the prevention and responses to gender-based violence need to address both the survivor and the
perpetrator.

Remember: The words we use communicate a message to people who are listening. Survivor is the preferred
term for those who have lived through a gender-based violence incident. A perpetrator is a person who
commits an act of gender-based violence. There might be only one perpetrator or there might be more. In any
act of gender-based violence, there is a survivor and a perpetrator. All actions in prevention must address
potential survivors and potential perpetrators. Also, all actions in response need to address both the survivor
and the perpetrator.
HUMAN RIGHTS
Human rights are universal, inalienable, indivisible, interconnected and interdependent. Everyone is entitled
to all rights and freedoms without distinction of any kind, such as race, color, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status.
Prevention of and response to gender-based violence is directly linked to the protection of human rights. Acts
of gender-based violence a number of human rights principles enshrined in international human rights
instruments and in our Philippine Constitution.
These include the following, amongst others:
 The right to life, liberty and property of persons;
 The right to the highest attainable standard of physical and mental health;
 The right to freedom from torture or cruel, inhuman or degrading treatment or punishment;
 The right to freedom of opinion and expression and education; (UNFPA 2014).

Gender-based violence is a worldwide phenomenon which must be given attention nationally and
internationally. The consequences capture almost all spheres of our lives (family, socially, economically and
health). A main focus of gender-based violence is violence against women (VAW) affecting women and girls
across their lifespan. Violence against women also covers a continuum of violence which appeared to be
unending, with an array of elements of abuse, coercion, or force.
The survivor and perpetrator are important actors in gender-based violence and violence against women
cases. Gender-based violence and violence against women are clear violations of human rights. All these
point to the essence that these acts of violence are a global and national concern.
 Module 8
Gender-based Violence: Power, Use of Force and Consent

POWER
Perpetrators can have “real” or “perceived” power. Some examples of different types of power and powerful
people are the following:
a. Social – peer pressure, bullying, leader, teacher, parents;
b. Economic – the perpetrator controls money or access to
ggods/services/money/favors; sometimes the husband or the fathers;
c. Political – elected leaders, discriminatory laws;
d. Physical – strength, size, use of weapons, controlling access or security; soldiers, police, robbers,
gangs;
e. Gender-based (social) – males are usually in more powerful position than females; and
f. Age-related – often, the young and elderly people have the least power.

Power is directly related to choice. The more power one has, there are more choices available. The less
power one has, fewer choices are available. Unempowered people have fewer choices and are therefore, more
vulnerable to abuse. Gender-based violence involves the abuse of power. Unequal power relationships are
exploited or abused.

USE OF FORCE/VIOLENCE
“Force” might be physical, emotional, social or economic in nature. It may also involve coercion or
pressure. Force also includes intimidation, threats, persecution, or other forms of psychological or social
pressure. The target of such violence is compelled to behave as expected or to do what is being requested, for
fear of real and harmful consequences.
Violence consists of the use of physical force or other means of coercion such as threat, inducement or
promise of a benefit to obtain something from a weaker or more vulnerable person. Using violence involves
forcing someone to do something against her/his will-use of force.

INFORMED CONSENT
Consent means saying “yes”, agreeing to something. Informed consent means making an informed
choice freely and voluntarily by persons in an equal power relationship.
Acts of gender-based violence occur without informed consent. Even if she says “yes”, this is not true
consent because it was said under duress-the perpetrator(s) used some kind of force to get her to say yes.
Children (under age 18) are deemed unable to give informed consent for acts such as female genital cutting
(FGC), marriage, sexual relations, etc.

CYCLE OF VIOLENCE
The cycle of violence refers to repeated acts of violence in a relationship. It starts with minor incidents
and moves on to more serious levels of violence. The cycle of violence may start in a child who is a victim or
witness to violence and may be repeated when the child becomes an adult.
 The impact of being a victim or a witness to violence on a child is traumatic. It can make a child
scared, unhappy, lonely, lose self-confidence, blame themselves, lose sleep and pick up fights with peers.
Children should understand that having conflicts is alright, but resolving conflict through violence is
not right.
When children understand that violence is not acceptable, they will grow up into adults who respect
other people.
Power and abuse of the same are integral components of gender-based violence. These components
also had an effect to the consent to be given by the survivor. Consent may be informed or vitiated, on which
violence is perpetrated. This violence plays along a cycle of being overpowered and giving of consent to the
detriment of women and their children.

Module 9
Women and the Law

THE 1987 CONSTITUTION

The Philippines is known for its very liberal and progressive Constitution that was formulated during
the euphoria of People Power Revolution in 1986. Gender equality is a key element of this Charter and as
enshrined in Article II Section 14 of the 1987 Constitution, “the State recognizes the role of women in
nation-building and shall ensure the fundamental equality before the law of women and men.”
Considering the unequal relations in the country, the Constitution further provided for women
representation (as one of the nine marginalized sectors) in the legislature through the party-list system
(which should cover 20% of the lower house).
Finally, Article 13 Section 14 specifically mentioned that “State shall protect working women by
providing safe and healthful working conditions, taking into account their material 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”.
These specific provisions served as bases to several legislations about women. As a result, laws of
women became aplenty, anchored from the constitutional provisions mentioned. The lack or sufficiency of
these specific provisions depends on the existing and current need of the country.
Various Laws Promoting Gender Equality
The legal framework provided for by the 1987 Constitution resulted to various legislations promoting
gender equality. These legislations include the following:
 Local Government Code of 1991. Provides for the election of sectoral representation, including
women, in local legislative councils.
 Party List Law. Provides for the creation of women-oriented or women-based parties to compete
under the party-list system. Women is one of the nine sectors identified in the law.
 Labor Code (1989). Covers issues, such as night work prohibition, specifies that employers must
provide special facilities for women, prohibition of discrimination against women in respect to terms
and conditions of employment, and prohibition of discrimination by reason of marriage of a woman
 worker.
 Women in Nation Building Law. Republic Act 7192 (1991) is an act promoting the integration of
women as full and equal partners of men in development and nation- building. The law provides that a
substantial portion of government resources be utilized to support programs and activities for women.
The law also encourages the full participation and involvement of women in the development process
and to remove gender bias in all government regulations and procedures.
In relation to gender budgeting, the law specifically mandated all agencies to allocate a minimum of 5%,
increasing to 30% of all official development funds in mainstreaming gender concerns.
 1988 Comprehensive Agrarian Reform Law. Gave Filipino women the right to own land that
previously reverted to sons and other male family members.
 Republic Act 7688 (1994). An act giving representation to women in social security commission.
 Anti-Sexual Harassment Law. RA 7877 (1995). An act declaring sexual harassment to be unlawful
in the employment, education, or training environment.
 Republic Act 7822 (1995). An act providing assistance to women engaging in micro and cottage
business enterprises.
 Republic Act 8353 (1997). An act expanding the definition of the crime of rape, reclassifying
the same as a crime against persons.
These laws not only promote gender equality, but also gives protection to women’s rights and enhances
women empowerment.
The laws listed above should always be remembered since these are the very basic laws on women’s
rights and women empowerment. Women’s rights and women empowerment are very important to the
Philippine society as this ensures inclusive growth and development of our country.
National Programs
Based on the Philippine laws stated, a myriad of projects, initiatives, and processes on the gender challenge
arose. This includes the following:
 Philippine Plan for Gender Responsive Development (1995-2025). The National Plan for Women
that consolidates the action commitments of the Philippines during the Beijing World Conference on
Women. This is the overall frame that is also the point of reference for the discussions and monitoring
of gender mainstreaming.
 Gender and Development Budget (GAD). Integral to the national plan, it is aimed at
“institutionalizing gender concerns in the mainstream development process and agenda and not
just peripheral programs and projects of the government”. Concretely, it prescribes for the
allocation of 5% of the government agency’s/local government unit’s budget on gender-responsive
activities and projects. As a result, implementation of the development programs and policies of
government also means women partaking a role in governance. As primarily stakeholders also development
process, women have the right to maximize their involvement in governance, be it at the local or national level.
Framework Plan for Women (FPW). This is part of the Philippine Plan for Women developed to
focus on three thrusts, namely: promoting women’s economic empowerment; advance and protect
women human rights; and promote gender responsive governance. This plan identifies the
concrete gender issues that will be addressed, pinpoint targets and indicators, name programs,
formulates the implementation plan, and set-up tools for monitoring and evaluation.
Women’s Right to Participate
Women’s right to vote was granted in 1937. The Constitution of 1935 stipulated that the rights of
suffrage would be extended to women, only if 300,000 women voted in its favour during a national plebiscite.
This consolidated the emerging women’s movement and “… brought to the fore the activism of such women
as Concepcion Felix de Calderon who formed the Asociacion Feminista Filipina in June 1905, Rosa Sevilla
de Alvero and a young Trninidad Almeda, Miss Constancia Poblete, founder of Liga Femenina de la Paz,
Pura Villanueva Kalaw and Paz Mendoza Guazon, Pilar Hidalgo Lim, President of the National Federation of
Women’s Clubs and Josefa Llanes Escoda, president of the Girl Scouts of the Philippines” (Ugnayan ng
Kababaihan sa Pulitaka 1998).
The General Council of Women was then established in manila to direct the plebiscite campaign. Its
aim was to draw the support of the broadest number of women. As it turned out, 447, 725 women voted yes
in 1937 plebiscite. Interestingly, 44,307 women voted against the provision. What followed was a colourful
history of women’s foray into the various levels of electoral victories, but generally pushed by familial
affiliation and elite association.
At present, women’s right to vote and participate are maintained and further protected by existing laws
at hand.
Women’s Involvement in Civil Society
Women’s expressions of involvement in civil society could be through organizing along gender-
specific issues and formation of all-women groups within broad coalitions as power- enhancing mechanisms.
Groups such as the PILIPINA feminist movement, the militant GABRIELA women’s group, the Ugnayan ng
Kababaihan sa Pulitika (UKP-Network of Women in Politics), the KILOS KABARO (Act Sisters Colition),
and SIBOL Legislative Network have trail blazed women advocacies both in policies and in legislations.
There also exist a so-called “Philippine NGO Beijing Board” which evolved from the National Steering
Committee (NSC) of NGOs for the United Nations Fourth World Conference on Women, and this lead in the
national monitoring of the government’s implementation of the Beijing Platform for Action.

Along with other women’s groups and gender-oriented institutions, they have succeeded in raising
gender-specific issues such as domestic violence, prostitution, reproductive health, sexual harassment, and
rape. Intense lobbying efforts by the women’s groups resulted in the passage of several landmark laws,
among them is the anti-sexual harassment law in 1995 and the anti-rape act in 1997. The gains of the
women’s movement are basically achieved through various partnerships with the rest of the civil society.
Women and Education
The Philippine educational system is a combination of public and private institutions with the State
providing free education for elementary and secondary levels. The Constitution provides that without “…
limiting the natural rights of parents to rear their children, elementary education is compulsory for all children
of school age… (Article VIX, Section 2).
There is no general discrimination of girls in education, thus, there is no marked differences existing in
the educational status of Filipino women and men. One glaring issue is the gender stereotyping of fields of
study and specialization and its onward translation into the world of work where men generally occupy the
highest occupational ranks and the highest paying positions.
Women’s larger responsibility for housework and for the family impedes their ability to use their
educational training and skills for remunerative work.
The topics previously discussed are always timely, relevant and part and parcel of the daily lives of the
Filipinos. These only show the degree of importance that must be given to these topics.
Laws on Filipino women are aplenty, from the fundamental law of the land up to existing legislations. It can
be projected that more such legislations shall arise in the future. These laws are essential as they can be
springboards of various national programs, women involvement, participation and inclusion-all towards the
highest goal of empowering women.

Module 10
“Violence against Women and their Children Act” or Republic Act No. 9262
Definition of Terms:
Protection Orders – orders issued by the Barangay or the Courts distancing the perpetrator from the
victim and vice versa for reasons provided for by the law.
Public Crime – nature of a crime wherein it is considered to be an affront to the society, allowing
anyone who has personal knowledge to file a case for VAWC.

The Republic Act 9262, or the Anti-Violence against Women and their Children (Anti- VAWC) Act of
2004, is a result of the strong advocacies on women’s human rights in the country. This law was deemed to
be a significant victory for all Filipino women as it was based on the right of women not to suffer abuse,
discrimination and violence in their respective relationship.
Important features of the law include:
1. Four kinds of violence against women and children are defined – the law defied four kinds of
violence-physical, psychological, sexual and economic-in its effort to encompass all types of abuses
inflicted to women and their children;
2. VAWC is a public crime – the crime is perpetrated not only against a single individual, but against
the entire society, thus, anyone who has personal knowledge of the abuse, violence or discrimination
can file a complaint;
3. Protection orders can be issued against the perpetrator – upon filing the case the victim-survivor
or anyone who has personal knowledge can apply for a protection order to enforce distance between
her and the perpetrator; and
4. Stronger community mechanisms to respond to case – various government agencies are mandated
to aptly respond or formulate mechanisms to respond to reported cases of VAWC immediately.

Protection Orders
A protection order under the Anti-VAWC Law is defined as:
“… an order issued … for the purpose of preventing further acts of violence against a woman and her child
specified in Section of this Act and granting other necessary relief. The relief granted under a protection
order should serve the purpose of safeguarding the victim, minimizing any disruption in the victim’s daily
life and facilitating the opportunity and ability of the victim to independently gain control of her life.”
The law enumerates the following reliefs that may be availed of through a protection orders:
1. Prohibition of the respondent (perpetrator) from threatening to commit or committing personally or
through another, any of the acts penalized by the Anti-VAWC law;
2. Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise,
 communicating with the petitioner (victim-survivor) directly or indirectly;
3. Removal and exclusion of the respondent from the residence of the petitioner whether temporarily or
permanently;
4. Directing the respondent to stay away from the petitioner and any designated family or household
member at a distance specified by the court;
5. Directing lawful possession and use by the petitioner of an automobile and other personal effects
regardless of ownership;
6. Granting temporary or permanent custody of a child/children to the petitioner;
7. Directing the respondent to provide support to the woman and/or her child if entitled to legal support;
8. Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order
him to surrender the same, including revocation of license and disqualification to apply for any license
to use or possess a firearm;
9. Restitution for actual damages caused by violence inflicted including property damage, medical
expenses and loss of income;
10. Directing the Department of Social Welfare and Development (DSWD) or any appropriate agency to
provide temporary shelter and other social services that the petitioner may need; and
11. Provision of other forms of relief as may be necessary to protect and provide for the safety of the
petitioner.

Rights of Victim-Survivor of VAWC Cases

Ra 9262 specified the following as rights of the victim-survivors: “Section 35. Rights of Victims – In addition
to their rights under existing laws, victims of violence against women and their children shall have the
following rights:
a) To be treated with respect and dignity;
b) To avail legal assistance from the Public Attorney’s Office and the Department of Justice or any
public legal assistance office;
c) To be entitled to support services from the DSWD and the LGUs (local government units);
d) To be entitled to all legal remedies and support as provided for under the Family Code; and
e) To be informed of their right to apply for a protection order.”
The right to privacy of the victim is also provided in the law and its violation is punishable by imprisonment
and fine.
Duties of National and Local Government Offices.
Section 39 of RA 9262 provides for the creation of the Inter-Agency Council on Violence against Women
and their Children (IAC-VAWC), which shall formulate gender-sensitive programs and projects according to
their respective agency mandates, including capability building programs for their employees.
The IAC-VAWC consists of the following agencies: DSWD National Commission on the Role of
Filipino Women, Civil Service Commission, Commission on Human Rights, Council for the Welfare of
Children, Department of Justice, Department of Interior and Local Government, Philippine National Police,
Department of Health, Department of Education, Department of Labor and Employment and National Bureau
of Investigation.
The implementing rules and regulations of the Anti-VAWC Act state the following duties and
responsibilities of LGUs or the Barangay in addressing VAWC cases, apart from the issuances of Barangay
Protection Orders:
“Section 47. Duties and Functions of Barangay Officials – In order to eliminate violence against women and
 their children, barangay officials shall:
a) Undertake an education program on Republic Act No. 9262 and on violence against women and their
children and why it exists, the rights and remedies of victim-survivors and the duties of residents and
all barangay officials;
b) Have a family violence prevention program, including peer counselling for men;
c) Support organizing efforts and development programs for women in the community;
d) Prioritize livelihood projects for victim-survivors;
e) Involve women in planning and implementation of all programs and projects in the barangay; Have an
Anti-VAWC desk officer in the barangay who shall coordinate a one-stop help desk. As much as
possible, this help desk shall be open for 24 hours.
f) Ensure that all barangay officials, barangay health workers, barangay nutrition scholars, other barangay
workers and tanod or barangay security officers undergo gender sensitivity seminars to enable them to
respond to victims of violence;
g) Develop a system to document and report cases of VAWC and assistance program to victims thereof;
and
h) If applicable/necessary, prescribe additional guidelines and standards provided that these are consistent
with the Act.
The VAWC Act is a landmark legislation championing the cause of women. This specific law pertains to
specific violations captured as four (4) acts of violence defined in the law. Also, VAWC was considered to be
a public crime allowing other persons to file the complaint, not only the victim-survivor. Further, the law
allows protection orders distancing the perpetrator from the victim and vice versa for several purposes as
provided for therein. Importantly, government units are mandated to provide specific and immediate
mechanisms to respondent appropriately to these VAWC cases.

Module 11
Laws and Policies on Violence and Discrimination of the Members of LGBTQ+

Definition of Terms:
Equal Protection – requires that all persons or things similarly situated should be treated alike,
both as to the rights conferred and responsibilities imposed.
Due Process – principle that the Government must respect all of a person’s legal rights as this ensures
that all laws and legal proceedings must fair and equal for all.
The 1987 Constitution (Equal Protection and Due Process Clause)
The 1987 Philippine Constitution states that: “The State values the dignity of every human person and
guarantees full respect for human rights.” Apart from this, the 1987 Constitution enshrines in its due
process and equal protection clauses that: “No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the equal protection of the laws.” (Article 3,
Sec I, 1987 Philippine Constitution)
As the fundamental law of the land, the guarantees on equality, lawful processes, and the paramount
consideration on ensuring human dignity and respect for human rights in these provisions serve as the basic for
the protection of the rights of members of the LGBTQ+.
The 2010 Supreme Court Decision in the “Ang Ladlad” case (Ang Ladlad Party vs. Comelec GR 190582 8
April 2010) considered the breadth of the equal protection clause in the Constitution. The court ruled in favour
of allowing “Ang Ladlad” to be a party-list reasoning that:
“From the standpoint of the political process, the lesbian, gay, bisexual, and transgender have the
same interest in participating in the party-list system on the same basis as other political parties
similarly situated. Hence, laws of general application should apply with equal force to LGBTs and
they deserve to participate in the party-list system on the same basis as other marginalized and under-
represented sectors.”
Violence and Discrimination
Despite widespread anecdotal evidence of crimes perpetrated against the LGBTQ+ community in the
Philippines, most data on these cases have not undergone official verification and collation.
In March 2016, the Trans Murder Monitoring Project listed 41 reported cases of transgender people murdered
in the country since 2008.
The case of Jennifer Laude awakened members of the LGBTQ+ of the violence and discrimination impending
against them. This awareness and the opinions culled out must be known to enable critical thinking and
sharing of thoughts and ideas.
Violence and Discrimination against LGBTQ+ Youth in Education
A. Anti-Bullying Act of 2013 (Republic Act 10627)
Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based bullying as a prohibited and
punishable act.
Gender-based bullying is defined as “any act that humiliates or excludes a person on the basis of perceived or
actual sexual orientation and gender identity (SOGI) (Republic Act No. 10627).
B. Child Protection Policy 2012
In cases where bullying is committed by a Principal, teacher or any other school personnel, the law being
violated is Department of Education Order No. 40 on Child Protection Policy. This policy includes the
protection of students from any form of violence regardless of their sexual orientation or gender identity.
C. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act of
1992 (Anti-Child Abuse Act or Republic Act 7610)
Parents of children who suffer abuse at the hands of teachers or members of the school’s administration
violates RA 7610 or the Anti-Child Abuse Act.
Such cases can over instances of physical, psychological injury, or cruelty on the basis of the child’s SOGI.
Violence and Discrimination against LGBTQ+ in the Workplace
a. The Labor Code of the Philippines (PD 442)
The Labor Code is the national law covering employment for the private sector in the Philippines. With the
exception of prohibitions against discrimination of women, it does not contain any provision that prohibits
discrimination on the basis of gender identity, particularly on the members of the LGBTQ+.
Nonetheless, while the law is quiet on gender identity and expression, it is clear in its Declaration of Policy
(Article 3) that the “State shall afford protection to labor, promote full employment, ensure equal work
opportunities.”
Clearly, the mandate for equal opportunity in employment is clear. But, the reality shows a different picture
since members of the LGBTQ+ encounter hardship in accessing work opportunities because of discrimination.
The absence of a national law that explicitly prohibits discrimination on the basis of gender identity makes it
easier for employers to hide behind fabricated reasons for not accepting, firing or depriving members of the
LGBTQ+ of their employment benefits. Often, policies on uniform, documents, and use of comfort rooms are
used against members of the LGBTQ+ employees and even applicants.
a. CSC No. 01-0940-the Civil Service Commission’s Policy on Anti-Sexual Harassment
The Civil Service Commission Administrative Disciplinary Rules on Sexual Harassment Cases includes other
less grave, punishable offenses. These include prohibiting “derogatory and degrading remarks or
innuendoes directed toward the members of one’s sex, or one’s sexual orientation or used to describe a
person”.
This Rule applies to all government entities that fall under the Civil Service jurisdiction.
The policy is important because it explicitly covers derogatory remarks regarding sex, sexual orientation, or
other remarks that are used as description of a person with the intention to insult. In addition, this policy for
government agencies does not require that the offender has moral ascendancy over the victim.
The fact that the perpetrator and the victim are of the same level or position will not prelude the victim from
filing a case. While gender identity is not specifically mentioned as a ground, if a LGBTQ+ civil servant is
harassed verbally by co-workers, they would be able to rely on the generic protection from “derogatory and
degrading remarks”.
The Philippines have various Anti-Discriminatory Policies for members of the LGBTQ+. However, these
policies are not yet sufficient and a national law on anti-discrimination is still wanted. Cases in the SC already
involve topics and issues of LGBTQ+, making this matter of high importance already. Nonetheless, the
rampancy of discrimination of members of LGBTQ+ are prevalent-a huge issue that the Philippines must
address.

Module 12
Discrimination on the Basis of Sexual Orientation, Gender Identity and Expression (SOGIE)
in the Philippines
Definition of Terms:
SOGIE – an acronym for Sexual Orientation, Gender Identity and Expression – aspects of gender of
persons which must be considered and given attention.
Anti-Discrimination Bill – a proposal legislation before the Philippine Congress intended to prevent
various economic and public accommodation-related acts of discrimination against people based on
their SOGIE.

The Universal Policy

Articles 2(1), 3 and 26 of the Convention provide for the respect, equality and non- discrimination of all
individuals on the grounds of, inter, alia, race, color, and sex.
In the landmark decision of Toonen v Australia in 1994, it is found not only that the reference to “sex” in
Articles 2(1) and 26 must be taken to include sexual orientation, but also that laws which criminalize
consensual homosexual acts expressly violate the privacy protections of the law.
National and Local Policies
LGUs from different cities all over the Philippines have been proactive in passing and filing city ordinances
banning LGBT discrimination.
Presently, the Anti-Discriminatory Bill is still pending before the Congress. This bill is expected to be signed
into law before the end of the Duterte Administration. Prior to these bills, several LGUs have enacted
ordinances and resolutions to address these issues.

In Quezon City, anti-discrimination in employment was enacted in 2004 and LGBT-friendly provisions are
supplemental in the Quezon City Gender and Development Ordinance. Albay Province and Bacolod City
passed an anti-discrimination ordinance. Angeles City not only passed anti-discrimination legislation, but
created a Gay Rights Desk as well.
In the House of Representative, Representative Raymond Palatino of the Kabataan Partylist filed House
Resolution No. 1333, which seeks to investigate prejudicial, discriminatory, an unjust practices and policies
against LGBT students implemented and tolerated in schools, partnering with the DepEd and other
government agencies to explore the inclusion of a Comprehensive Gender Curriculum on basic and secondary
education and in vocational and technical school to incorporate discussion on issues of LGBT persons.
In May of 2012, the DepEd issued DepEd Order No. 40 or, “The DepEd Child Protection Policy” to guarantee
the protection of children in schools from any form of violence, abuse, or exploitation regardless of sexual
orientation and gender identity.
Effect of State Discrimination in Society
The State’s treatment of LGBT individuals intensifies discrimination on the basis of SOGIE within Philippines
society and social institutions.
Being young and not conforming to the gender roles assigned to one’s sex increases the risk of discrimination
and abuse for LGBT persons. This victimization is aggravated by the absence of support mechanisms and
school policies addressing this concern, as well as the failure of schools to safeguard students from being
abused by other students, staff, administrators and teachers. The discrimination LGBT students face in schools
not only violates the right to be free from discrimination but prevents these individuals from the enjoyment of
numerous other rights in the Covenant as well.
Homophobia, the stigma and prejudice toward LGBT persons, are very present within Filipino society,
creating a dangerous climate of hostility toward LGBT people.
LGBT youth are often targeted by parents who, upon discovering their child’s sexual orientation and/or gender
identity, feel compelled to inflict physical harm on them out of frustration or in an attempt to prevent their
child from expressing their sexuality.
Discrimination by the Catholic Church
The Catholic Bishops Conference of the Philippines (CBCP) and Episcopal Commission on Family and Life
(ECFL) has been fervently demanding Congress for the removal of “sex, gender, sexual orientation and gender
identity” in the comprehensive anti-discrimination ordinances filed in the Senate and in the House of
Representatives, claiming that its inclusion will only “create problems regarding ethics, marriage, the family
and religious freedom” and reasons that “the difference in sex or gender does not belong to the same level as
the difference in race, color, religion or ethnicity”.
Antagonists of the anti-discrimination bill claim that the passage of an anti-discrimination legislation will
open the door for same-sex marriages. A provision allowing for same-sex
marriage was not present in the anti-discrimination bill at the time of its introduction first filing and has never
been added.
Participation of the members of LGBTQ+ in Public Life
Article 25 of the Convention provides for the right of each citizen to participate in public affairs, to vote and to
have equal access to public service in the country. These rights are provided free of unreasonable restriction
and free from distinctions made on the basis of sex, which as mentioned above, includes sexual orientation.
Discrimination in Military
Through their media announcements, it seems on the surface that the Philippine military and the police are
adhering to the non-discrimination clause of the Philippine Constitution (Art 2) and the ICCPR by its
declaration of openness to admit gays, lesbians, and bisexual persons in military and police service.
Upon closer inspection, the additional conditions required from gay, lesbian, and bisexual applicants and
cadets demonstrate lingering prejudices and negative stereotypes toward LGBT person. Also, the military’s
apparent strict adherence exclusively towards heterosexist gender binary (masculine and feminine) roles
discrimination against those that fall short to this standard and are considered as the benchmark of what
constitutes being decent, proper and respectful.
The generalized negative stereotyping of LGBT persons and the misconception that a person’s sexual
orientation defines one’s gender expression are most evident on the common position of the AFP, PNP and
PMA towards gay and effeminate behaviour.
The identification of sources of discrimination is vital so that you will know how these acts are committed or
performed by the social institutions, their respective actors. The unified output can result to class program or
activity addressing this concern.
Discrimination of people based on SOGIE is widespread in the Philippines. International and local policies are
in place to address this prevailing issue, yet some institutions still spread this ill issue. What is clear is that
everyone, including students, must act to resolve this issue.

Module 13
Understanding Sexual Harassment
Definition of Terms:
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 behaviour of a sexual nature,
committed by a government employee or official in a work-related, training or education-related
environment.
Sexual Harassment
Harassment and sexual harassment are recognized as a form of discrimination on the grounds of sex and,
thus, are contrary to the principle of equal treatment between men and women (Numhuser-Henning and
Laulom 2012).
Like many other crimes, sexual harassment is all about power, control, and domination. International Labor
Organization (ILO) (2001) defined sexual harassment as a sex-based behaviour that is unwelcome and
offensive to the recipient. Thus, sexual harassment is not merely a problem of safety and health and
unacceptable working conditions, but is also a form of violence primarily against women (ILO 1992).
In the Philippines, Republic Act No. 7877 or the “Anti-Sexual Harassment Act of 1995” defines 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 favour from the other, regardless of whether the demand,
request, or requirement for submission is accepted by the object of said Act.
Theoretical Perspectives of Sexual Harassment
Sexual harassment cannot be understood from the perspective of a single theory, but it is always a
combination of different predictors. Previous researchers have looked at sexual harassment using a number of
frameworks including organizational approach, feminist theory, role theory, and attributional models of
sexual harassment. However, all these models share common basic assumptions and can be labelled as socio-
cultural models of sexual harassment (Sheets and Braver 1999).
However, there have been five widely accepted theories of sexual harassment that attempt to explain the
phenomenon from different angles and perspective, to wit:
1. Natural/Biological Theory
According to this model, men have stronger sex derives, and are therefore, biologically motivated to
engage in sexual pursuit of women. Thus, the harassment behaviour is not meant to be offensive or
discriminatory, but is merely the result of biological urges. Its assumptions include a natural, mutual
attraction between men and women, a stronger male sex drive, and men in the role of sexual initiators. A
key strength of the natural/biological perspective is that it acknowledges the innate human instincts
potentially driving sexually aggressive behaviour (Tangri et al. 1982).
2. Sex Role Spillover Theory
This theory is based on the proposition of irrelevant gender-based role expectations that individuals bring
to the workplace in guiding their interactions with women. Men hold role perceptions of women based on
their traditional role in our culture.
When women take jobs outside of these traditional areas to work in the male dominated workplace, men
rely on these gender-based expectations when interacting with women therefore, perceiving women in
their gender role over and above their work role. Therefore, men are more likely to sexualize their
experiences, including work experiences, and are therefore, more likely to make sexual remarks or
engage in sexualized behaviour, thus accounting for the fact that women experience more sexual
harassment than men (Barbara Gutek 1982).
3. Organizational Theory
Proponents of this propose that one of the central concepts that helps to explain sexual harassment is
power (Cleveland and Kurst 1993). This theory proposes that sexual harassment results from the
opportunities presented by power and authority relations which derive from hierarchical structures
of organizations (Gruber 1992).
This perspective emphasizes that the structure of organizational hierarchy invests power in certain
 individuals over others that can lead to abuse. Thus, sexual harassment is all about expression of male
power over women that sustains patriarchal relations.
4. Socio-cultural Theory
Socio-Cultural theories examine the wider social and political context in which sexual harassment is
created and occurs. According to this perspective, sexual harassment is a logical consequence of the
gender inequality and sexism that already exists in society (Gutek 1985; Thomas and Kitzinger
1997).
This theory asserts that women’s lesser status in the larger society is reflected at the workplace structures
and culture-thus, male dominance continues to be the rule.
Herein, sexual harassment is only one manifestation of a much larger patriarchal system in which men are
the dominant group reflecting the larger society’s differential distribution of power and status between the
sexes. The perpetrators of sexual harassment have no regard for women as an equal human being.
Therefore, molesting women is a part and parcel of male idea of fun in the society.
5. Feminist Theory
According to the feminist perspective, sexual harassment is linked to the sexist male ideology of male
dominance and male superiority in the society. Therefore, feminists’ theories view sexual harassment as
the product of a gender system maintained by a dominant, normative form of masculinity. Thus, sexual
harassment exists because of the views on women as the inferior sex, but also sexual harassment
serves to maintain the already existing gender stratification by emphasizing sex role expectations
(Gutek 1985).
Relevance of Sexual Harassment Theories
An interpretation of these theoretical perspectives reveals that both biologically; as well as socio-culturally,
men happen to have always occupied a dominant position over women in societies, of which the
workplaces are only a part.
Considerable data have been accumulated conforming that harassment is widespread in both the public
(Culbertson et al. 1992; Fitzgerald el at. 1997) and the private sectors and it has significant consequences for
the employees’ health and psychological well-being (Fitzgerald 1993; Schneider et al. 1997).
Therefore, the vulnerability of women as a weaker sex has traveled towards workplaces and academe, where
it is considered natural and normal for men to be responding sexually towards women as colleagues,
subordinates, and superiors.
Philippine Laws on Sexual Harassment
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.
Specifically, in work-related or employment environment, sexual harassment is committed when:
(1) The sexual favour 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 fovorable compensation,
terms of conditions, promotions, or privileges; or the refusal to grant the sexual favour 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;
(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile or offensive environment for the employee.
On the other hand, in an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody, or supervision of the offender;
(2) Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender;
(3) When the sexual favour is made a condition to the giving of a passing grade, granting of honors
and scholarship, 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.
Sexual Harassment in the Civil Service
Sexual Harassment in the Civil Service is punishable by Civil Service Commission No. 01- 0940, also known
as Administrative Disciplinary Rules on Sexual Harassment Cases.
Here, sexual harassment can be committed at the following places:
1) In the premises of the workplace or office or of the school or training institution;
2) In any place where the parties were found, as a result of work or education or training
responsibilities or relations;
3) At work-, education-, or training-related social functions;
4) While on official business outside the office or school or training institution or during work-,
school-, or training-related travel;
5) At official conferences, for a, symposia, or training sessions; or
6) By telephone, cellular phone, fax machine, or electronic mail.
The following forms of sexual harassment are committed thru: (1) Physical, (a) Malicious touching; (b) Overt
sexual advances; (c) Gestures with lewd insinuation; (2) Verbal, such as but not limited to, (a) requests or
demands for sexual favors and (b) lurid remarks; (3) Use of objects, pictures or graphics, letters or written
notes with sexual underpinnings; (4) Other forms analogous to the foregoing.
Sexual harassment constitutes an extremely important kind of violence which has been existing and rampant
in the Philippines and worldwide. This complex concept consists of several theories and are punished by
Philippine laws.
The Philippine laws on sexual harassment punishes work-related, training, and education environment sexual
harassment. It can happen everywhere. The acts of sexual harassment are also punishable by law.

Module 14
Women’s Issues in Development
Definition of Terms:
Development – the process in which someone or something grows or changes and becomes more
advanced.
Women in Development - approach of development projects that emerged in the 1960s, calling for
treatment of women’s issues in development projects.
Women and Development – approach comes from the perspective that equality will be essential to
improving women’s positions, but still frames change in terms of providing women access to the
productive sector.
 Gender and Development – was developed in the 1980s, stepped away from both WID and WAD
and was founded in socialist-feminist ideology (Rathgeber 1990, 493). The GAD approach holds that
the oppression of women stems largely from a neoliberal focus on improving women’s reproductive
and productive capacities.
Women in Development (WID)
By the 1970s, it became clear that women were being left out of development. They were not benefiting from
it and in some instances, their existing status and position in society were actually worsened by development.
The Women in Development (WID) approached this issue-the exclusion of women from development
program and approaches. WID saw women as a group that lacks opportunity to participate in development.
The main task, therefore was to improve women’s access to resources and their participation in development.
The WID approach emphasized the importance of the integration of women into development programs and
planning. Accordingly, this was the best way to improve women’s position in society.
The WID approach although it had limitations, increased the visibility of women in development issues. WID
was successful in helping secure a prominent place for women’s issues at the United Nations (UN) and other
international development agencies. The UN declared that the decade of 1975 to 1985 to be the decade for
women. One of the major
achievement of the decade was the establishment of women in development structures or machineries.
In Zambia, for instance, it was during this time that the Women’s League of the then ruling political party,
United National Independence Party (UNIP), was formed as the national machinery to address women’s
development issues.
WID served as the starting point of making known to the international community that the sector of women
has to be part of programs, activities, and initiatives must be noted as these also began the strides for women
employment.
Women and Development
As a result of criticisms of the WID approach, the Women and Development (WAD) approach arose in the
latter part of the 1970s. Adopting a Marxist feminist approach, the main argument of WAD was that women
had always been part of the development processes. WAD asserts that women have always been
important economic actors.
The work they do both inside and outside the household is critical to the maintenance of society. However, this
integration has only served to sustain global inequalities. In other word, the WID approach that placed
emphasis on integrating women into development was not correct.
The main focus of WAD is on the interaction between women and development processes rather than purely
on strategies to integrate women into development.
WAD saw both women and men as not benefiting from the global economic structures because of
disadvantages due to class and the way wealth is distributed. WAD argued that the integration of women into
development was to their disadvantage and only made their inequality worse. WAD saw global inequalities as
the main problem facing poor countries and the citizens of those countries.
On the other hand, WAD has been criticized for assuming that the position of women will improve if and
when international structures become more equitable. It sees women’s positions as primarily within the
structure of international and class inequalities.
WAD even underplays the role of patriarchy in undermining women’s development and does not adequately
address the question of social relations between men and women and their impact on development.
Gender and Development (GAD)
In the 1980s, further reflections on the development experiences of women gave rise to Gender and
Development (GAD). It brought together both the lessons learned from, and the limitations of, the WID and
WAD approaches.
GAD looks at the impact of development on both women and men. It seeks to ensure that both women and
men participate in and benefit equally from development and so, emphasizes
equality of benefit and control. It recognizes that women may be involved in development, but not necessarily
benefit from it.
GAD is not concerned with women exclusively, but with the way in which gender relations allot specific roles,
responsibilities, and expectations between men and women, often to the detriment of women.
This approach also pays particular attention to the oppression of women in the family or the ‘private sphere’ of
women’s lives. As a result, we have seen projects develop addressing issues such as VAW. GAD focuses on
the social or gender relations (i.e. the division of labor) between men and women in society and seeks to
address issues of access and control over resources and power.
GAD goes further than the other approaches in emphasizing both the reproductive and productive role of
women and argues that it is the state’s responsibility to support the social reproduction role mostly played by
women of caring and nurturing of children. As such, it treats development as a complex process that is
influenced by political, social and economic factors rather than as a state or stage of development.
Practical Approaches to the Development of Women The Welfare
Approach
Until the early 1970s, development programs addressed the needs of women almost entirely within the
context of their reproductive roles. The focus was on mother and child health, child-care, and nutrition.
Population control,-or family planning as it later came to be known- was a major focus as well due to the link
made between population growth and poverty. The focus was clearly on meeting practical needs.
The assumptions that women’s position would improve together with general improvements in the economy,
or with the economic positions of their husbands, began to be challenged as it became clear that women were
in fact losing out.
Women, as a result, were being increasingly associated with backwardness and the traditional while men were
increasingly identified with modern and progressiveness.
The Equality Approach
Feminist calls for gender equality were important in bringing about this approach, the main aim of which was
to eliminate discrimination. It emphasized the re-valuing of women’s contribution and share of benefits from
development. The equity approach also dealt with both the productive and reproductive roles as a
responsibility of government.
The equity approach, in contrast to the welfare approach, saw women as active participants organizing to
bring about necessary changes.
The Efficiency Approach
The efficiency approach aims to have increased production and economic growth with an emphasis on
full use of human resources. Advocates of this approach argue that gender analysis makes good economic
sense. This is because understanding men’s and women’s roles and responsibilities as part of the planning of
 development activities helps improve effectiveness and ensures that women, as well as men, can play their
part in national development.
The empowerment approach has been instrumental in ensuring that opportunities are opened for women to
determine their own needs. However, empowerment has often been misunderstood to be an end rather than a
means. This has resulted in poor women becoming very knowledgeable about issues while realizing little
change to their material situation, which is often dire.
WID, WAD, and GAD evolved towards achieving women empowerment since the mid-19th century and up to
present. Aside from that, several practical approaches had been utilized to underscore the role of women in
nation-building and vice versa. The evolution of these theories and approaches only state that women
empowerment is a developing principle, alongside development of the country.

Module 15
Gender Inequality in Marriage and Criminal Laws
Definition of Terms:
Marriage – a special contract of permanent union between a man and woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the
family and an inviolable social.
Marriage laws in the Philippines are only based on sex and not on gender. In the 1987 Constitution, marriage
is stated as “an inviolable social institution, is the foundation of the family and shall be protected by the State”.
(Art. XV, Section 2, 1987 Constitution)
Under the Family Code, marriage is defined as “a special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of conjugal and family life (Article I, The
Family Code of the Philippines).
The fact that the specific law provides marriage only for a man and a woman, causes exclusion of homosexual
relationships as it only accommodates heterosexual ones. This deprives members of the LGBTQ+ of this
Constitutionally-enshrined right, afforded supposedly to every Filipino. Flowing from that definition,
succeeding provisions of marital laws in the Philippines are anchored on the above inequality.
Apart from marital laws, various personal laws present this picture of inequality in its provisions. The crime of
adultery presents harsher requisites than the crime of concubinage (Article 333 and 334 of the Revised Penal
Code). Vagrants and prostitutes pertain only to women (Article 202 of the Revised Penal Code). Gender
equality issues on night work prohibition (Article 130 of the Labor Code), disputable presumptions (Rule 131,
Section 3 jj of the Rules of Court) and removal of criminal liability for rapists under RA 8353 should also be
visited.
The Primacy of the Decision of the Husband/Father
Under the Article 14 of the Family Code of the Philippines, it is provided that:
“Art. 14. In case either or both the contracting parties, not having been emancipated by a previous
marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements
of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their
father, mother, surviving parent or guardian, or persons having legal charge of them, in the
order mentioned. Such consent shall be manifested in writing by the interested party, who personally
appears before the proper local civil registrar, or in the form of an affidavit made in the presence of
 two witnesses and attested before any official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is
executed instead, shall be attached to said applications.” (Emphasis supplied)
On the administration and enjoyment of community property or conjugal partnership, Articles 96 and 124 of
the Family Code provide that:
“Art. 96. The administration and enjoyment of community property shall belong to both spouses
jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the
court by the wife for proper remedy, which must be availed of within five years from the date of the
contract implementation such decision x x x”
“Art. 124. The administration and enjoyment of the conjugal partnership shall belong no both spouses
jointly. In case of disagreement, the husband’s decision shall prevail, subject to resource to the
court by the wife for proper remedy, which must be availed of within five years from the date of the
contract implementing such decision x x x”
On the exercise of parental authority over the person and legal guardianship over the property of common
children, Article 211 and 225 of the Family Code state that:
“Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their
common children. In case of disagreement, the father’s decision shall prevail, unless there is a
judicial order to the contrary x x x” (Emphasis supplied)
“Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the
un-emancipated common child without the necessity of a court appointment. In case of
disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary.
x x x” (Emphasis supplied)
Higher Burden on Women/Wives than Men/Husbands
The crimes of adultery and concubinage include the concept of marital infidelity. Adultery involves a wife
who engages into sexual intercourse with a man not her husband. On the other hand, concubinage involves a
husband who has: (1) sexual intercourse with a woman not his wife under scandalous circumstances; (2) kept
another woman in the conjugal home; or (3) cohabiting with another woman in another dwelling.
Here, for the crime of adultery to be proven – the mere sexual intercourse with a man not her husband – will
suffice. In contrast, for the crime of adultery – the sexual intercourse must be committed under scandalous
circumstances – not a mere sexual intercourse.
Forgiveness Clause in the Crime of Rape (RA 8353 or The Anti-Rape Law)
The Anti-Rape Law (RA 8353) contains a clause that can easily exonerate the offender and can further
endanger the victim.
In the law, it was stated that: “subsequent valid marriage between the offender and the offended party
shall extinguish the criminal action or the penalty imposed.”
This gives an easy-way out for the offender is the legal husband x x x the subsequent forgiveness by the
wife who is the offended party x x x shall extinguish the criminal action or the penalty.”
This perpetuates violence under the shroud of marriage which can perpetuate these kinds of abuses for a long
period of time.
Exclusive Definition of Prostitution
Article 202 of the Revised Penal Code, amended by Republic Act No. 10158, retained the decades-old
definition of prostitutes as “women who, for money or profit, habitually engage in sexual intercourse or
lascivious conduct x x x”.
Following this definition, a man who peddles sexual acts for profit, is in effect, invisible in the eyes of laws,
thus, making the actor thereof immune to imprisonment.
The Family Code, which contains marital laws and provisions, include provisions which depict gender
inequality. Legislations on “Same-Sex Marriage” are good initiatives to address this issue on gender inequality
in marital laws. Criminal laws are not that different as clearly, some provisions therein, favour the male sex
over the female sex. Worse, this pertains to crimes, involving penalties for imprisonment.

Module 16
Critique on the Responsible Parenthood and Reproductive Health Act of 2012, Republic Act
No. 10354 also known as RH Law
Rationale of the RH Law
The “Responsible Parenthood and Reproductive Health Act of 2012” or RA 10354, also known as the “RH
Law” was primarily enacted on a vision that the poor will have access to Reproductive Health (RH) goods and
services which they cannot afford. With this law, the poor will likely have sufficient access to information
about the proper use and effectiveness of these RH products.
Apparently, the failure of the marker of RH goods and services to reach marginalized women compelled the
Philippine Government to step in and initiate measures to address this occurrence.
However, RH Law was depicted by paintings of promoting abortion and abortifacient products – thus, sinful
and frowned upon by the Catholic Church.
Elements of RH Law.
The elements of the recently enacted RH Law are as follows:
(1) Family planning information and services;
(2) Maternal, infant, and child health and nutrition, including breast feeding;
(3) Prevention of abortion and management of post-abortion complications;
(4) Adolescent and youth reproductive health guidance and counselling;
(5) Prevention and management of reproductive tract infections (RTIs), HIV/AIDS, and STIs;
(6) Elimination of VAWC and other forms of sexual and GBV;
(7) Education and counselling on sexuality and reproductive health;
(8) Treatment of breast and reproductive tract cancers and other gynecologic conditions and
disorders;
(9) Male responsibility and involvement and men’s RH;
(10) Prevention, treatment, and management of infertility and sexual dysfunctions;
(11) RH education for the adolescents; and
(12) Mental health aspect of reproductive health care.
Salient provisions
Midwives for skilled birth attendance: The law mandates every city and municipality to employ an
adequate number of midwives and other skilled attendants.
Emergency obstetric care: Each province and city shall ensure the establishment and operation of hospitals
with adequate facilities and qualified personnel that provide emergency obstetric care.
Hospital-based family planning: The law requires family planning services like ligation, vasectomy, and
intrauterine device (IUD) placement to be available in all government hospitals.
Contraceptives as essential medicines: Reproductive health products shall be considered essential
medicines and supplies and shall form part of the National Drug Formulary.
Reproductive health education: RH education shall be taught by adequately trained teachers in an age-
appropriate manner.
Employer’s responsibilities: Employers shall respect the reproductive health rights of all their workers.
Women shall not be discriminated against in the matter of hiring, regularization of employment status, or
selection for retrenchment. Employers shall provide free reproductive health services and education to
workers.
Capability building of community-based volunteer workers: Community-based workers shall undergo
additional and updated training on the delivery of reproductive health care services and shall receive not less
than 10% increase in honoraria upon successful completion of training.
Prohibited Acts
The law also provides for penalties for persons who perform certain prohibited acts such as the following:
 Knowingly (with malicious intent) withholding or impeding the dissemination of information about
the programs and services provided for in this Act or intentionally giving out incorrect information;
 Refusing to perform voluntary ligation and vasectomy and other legal and medically- safe
reproductive health care services on any person of legal age on the ground of lack of spousal consent
or authorization;
 Refusing to provide reproductive health care services to an abused minor and/or an abused pregnant
minor, whose condition is certified to by an authorized DSWD official or personnel, even without
parental consent particularly when the parent concerned is the perpetrator.
 Refusing to extend reproductive health care services and information on account of the patient’s civil
status, gender or sexual orientation, age religion, personal circumstances, and nature of work.
Provided that all conscientious objections of health care service providers based on religious grounds
shall be respected: Provided, further, that the conscientious objector shall immediately refer the person
seeking such care and services to another health care service provider within the same facility or one
who is conveniently accessible: Provided, finally, that the patient is not in an emergency or serious
case, as defined in RA 8344, penalizing the refusal of hospitals and medical clinics to administer
appropriate initial medical treatment and support in emergency and serious cases; and
 Requiring a female applicant or employee, as a condition for employment or continued employment, to
involuntarily undergo sterilization, tubal ligation, or any other form of contraceptive method.
Legislating RH
The road to the enactment of the RH Law was a painstaking. The main blockade was the constitutional
provision, particularly that provided in Article II, Section 12 of the 1987 Constitution which mandates that:
“The State recognizes the sanctity of life … It shall equally protect the life of the mother and the life of
the unborn from conception.”
In this regard, the 1987 Constitution itself mandates that the Philippine Government must recognize the
importance of life and protect the life of the mother and unborn.
Inasmuch as artificial family planning methods (i.e., IUDs, condoms) are labelled as “anti- life” and against
conception, these are interpreted to be against the sanctity of life – making them contrary to the said
fundamental law of the land. In addition, these “pro-life” groups strongly advocate the use of natural methods
(i.e., abstinence, calendar methods).
On the other hand, advocates of the RH Law counter this concept of proliferating abortion or abortifacient
products by scientific findings which claimed otherwise.
The long political battle
Talks about a unified reproductive health policy had been roaming the spheres of the Philippine Government
way back the 1960s with the creation of a Population Commission as a measure of population control to
manage high fertility rates and alleviate poverty. Henceforth, the backlash of the CBCP was unrelenting.
The RH Law, which was finally enacted in 2012, was a product of a 14-year struggle. After its enactment,
lobbyists of this law thought that victory was already achieved. However, in
March 2013, the law was challenged before the SC of the Philippines, delaying its full implementation. A year
after, the law was held to be valid, except for clauses therein, that allowed minors to access reproductive health
services without the written consent of a guardian and penal measures for government officials who did not
implement the law.
In 2015, a further temporary restraining order (RTO) issued again by the nation’s SC prevented the Food and
Drug Administration (FDA) of the Philippines from procuring, distributing, or issuing new certificates of
product registration on more than 50 different contraceptives, allowing many licenses to eventually expire.
The TRO was launched after the FDA registered a contraceptive implant called Implanon, which accordingly,
could be used to induce abortion. Two (2) years after the said TRO, the FDA then certified that Implanon and
Implanon NXT are not abortifacients.
With the TRO finally lifted, the Department of Health now freely distributes contraceptives to their regional
offices and to various NGOs.
The “Responsible Parenthood and Reproductive Health Act of 2012”, or RA 10354 was truly a landmark
legislation which has the noblest intention of allowing women, especially those who are poor, to have a choice
on their family planning methods.
It is a given that the Catholic Church will vehemently oppose this move and will keep doing so because of
what they believe in and what they fight for. This exercise of arguments only strengthens our democratic
institutions and citizenry as more people become aware of what the law is all about and what it provides.
No matter the debates and the long winding journey, the RH Law is now implemented and it is expected that
all actors must comply to the same. As can be seen, the RH Law is replete with substantial provisions
envisioning an empowered Filipino woman with choices in her life.