Safe Spaces Act

Republic Act. No. 11313

An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online,
Workplaces, and Educational- Training Institutions, Providing Protective Measures and
Prescribing Penalties Therefor
April 17, 2019

Safe Spaces Act or the Bawal Bastos Law is a new law that penalizes catcalling,
gender based online sexual harassment and stalking. The law defines catcalling as that
unwanted remarks directed towards a person, commonly done in the form of wolf-
whistling and misogynistic, transphobic, homophobic, and sexist slurs. The law also -
explains that gender- based online sexual harassment refers to an online conduct
targeted at a particular person that causes or likely to cause another mental, emotional
or psychological distress, fear of personal safety and that sexual harassment acts
includes unwanted sexual remarks and comments, threats, uploading or sharing of
one’s photos without consent, video and audio recordings, cyber stalking and online
identity theft. The act also describes that stalking refers to a conduct directed at a
person involving the repeated visual or physical proximity, non-consensual
communication, or combination thereof that cause or will likely cause a person to fear
for one’s safety or safety of others, or to suffer emotional distress.
Section 4 of the law also states that Gender-based streets and public spaces sexual
harassment includes catcalling, wolf-whistling, unwanted invitations, misogynistic,
transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures
on a person’s appearance, relentless requests for personal details, statement of sexual
comments and suggestions, public masturbation or flashing of private parts, groping, or
any advances, whether verbal or physical, that is unwanted and has threatened one’s
sense of personal space and physical safety, and committed in public spaces such as
alleys, roads, sidewalks and parks. Acts constitutive of gender-based streets and public
spaces sexual harassment are those performed in buildings, schools, churches,
restaurants, malls, public washrooms, bars, internet shops, public markets,
transportation terminals or public utility vehicles.

Section 21 of the law also mandates that all schools, whether public or private, shall
designate an officer-in-charge to receive complaints regarding violations of this Act, and
shall, ensure that the victims are provided with a gender-sensitive environment that is
both respectful to the victims’ needs and conducive to truth-telling. Every school must
adopt and publish grievance procedures to facilitate the filing of complaints by students
and faculty members. Even if an individual does not want to file a complaint or does not
request that the school take any action on behalf of a student or faculty member and
school authorities have knowledge or reasonably know about a possible or impending
act of gender-based sexual harassment or sexual violence, the school should promptly
investigate to determine the veracity of such information or knowledge and the
circumstances under which the act of gender-based sexual harassment or sexual
violence were committed, and take appropriate steps to resolve the situation. If a school
knows or reasonably should know about acts of gender-based sexual harassment or
sexual violence being committed that creates a hostile environment, the school must
take immediate action to eliminate the same acts, prevent their recurrence, and address
their effects.

Once a perpetrator is found guilty, the educational institution may reserve the
right to strip the diploma from the perpetrator or issue an expulsion order. The
Committee on Decorum and Investigation (CODI) of all educational institutions shall
address gender-based sexual harassment and online sexual harassment in accordance
with the rules and procedures contained in their CODI manual . Minor students who are
found to have committed acts of gender-based sexual harassment shall only be held
liable for administrative sanctions by the school as stated in their school handbook.

Some of the salient provisions of the Act are the following

Section 26. Confidentiality.— At any stage of the investigation, prosecution and trial of
an offense under this Act, the rights of the victim and the accused who is a minor shall
be recognized.

Section 27. Restraining Order.— Where appropriate, the court, even before rendering a
final decision, may issue an order directing the perpetrator to stay away from the
offended person at a distance specified by the court, or to stay away from the
residence, school, place of employment, or any specified place frequented by the
offended person.

Section 28. Remedies and Psychological Counselling.— A victim of gender-based

street, public spaces or online sexual harassment may avail of appropriate remedies as
provided for under the law as well as psychological counselling services with the aid of
the LGU and the DSWD, in coordination with the DOH and the PCW. Any fees to be
charged in the course of a victim’s availment of such remedies or psychological
counselling services shall be borne by the perpetrator.

Section 31. Exemptions.— Acts that are legitimate expressions of indigenous culture
and tradition, as well as breastfeeding in public shall not be penalize.

Senator Risa Hontiveros , the principal sponsor and author of the Act said in an
interview that “the Bawal Bastos Law is a game changer”. She said that it will promote
positive policy, behavioural amd cultural changes to end gender-based harassment in
public places. This will push a new and positive culture among Filipinos to replace the
culture of vulgarity and violence on our streets.

R:

https://lawphil.net/statutes/repacts/ra2019/ra_11313_2019.html
https://www.philstar.com/headlines/2019/10/28/1964058/implementing-rules-bawal-bastos-law-
signed

Women in Development and Nation Building Act

RA 7192

Section 2 of the law declares that the State recognizes the role of women in nation
building and shall ensure the fundamental equality before the law of women and men
and that the State shall provide women rights and opportunities equal to men.

The law aims to attain the following policy:

1. A substantial portion of official development assistance funds received from

foreign governments and multilateral agencies and organizations shall be set
aside and utilized by the agencies concerned to support programs and activities
for women;

2. All government departments shall ensure that women benefit equally and
participate directly in the development programs and projects of said department,
specifically those funded under official foreign development assistance, to ensure
the full participation and involvement of women in the development process; and

3. All government departments and agencies shall review and revise all their
regulations, circulars, issuances and procedures to remove gender bias therein.
One of the salient features of the law is found in Section 5, it states that
women of legal age, regardless of civil status, shall have the capacity to act and
enter into contracts which shall in every respect be equal to that of men under
similar circumstances. In all contractual situations where married men have the
capacity to act, married women shall have equal rights.

The National Economic and Development Authority is given primary

responsibility for carrying out the purposes of the Act. The Act grants women,
regardless of their marital status, full legal capacity to act and to enter into
contracts. It grants them equal access to membership in all social, civic and
recreational clubs as well as the right of admission into military schools. Full-time
homemakers shall have the right to participate in government-sponsored social
security schemes.

R;
http://www.ombudsman.gov.ph/UNDP4/wp-content/uploads/2013/01/Republic-Act-7192.pdf

http://www.neda.gov.ph/wp-content/uploads/2020/01/RA-7192-IRR.pdf
Article from: https://www.philstar.com/headlines/2018/04/08/1803848/8-10-children-
philippines-experienced-violence

By : Sheila Crisostomo The Philippine Star

8 in 10 children and young people in the Philippines have experienced

some form of violence in their lifetime that usually begins at home.

This is one of the findings of the Council for the Welfare of Children (CWC)
and the United Nations Children’s Fund (UNICEF) in their “National Baseline
Study on Violence against Children (VAC),” the first ever national study on
violence against children in the Philippines.
The study showed that in the Philippines, “thousands of children are robbed
of their childhood and suffer lifelong developmental challenges as a result of
violence.”

“Impacts include mental and physical health disorders, anxiety,

depression and health-risk behaviors including smoking, alcoholism, drug
abuse and engagement in high risk sexual activity,” the study stated.

A total of of 3,866 children and youth aged 13 to 24 from 172 barangays in

17 regions were randomly selected to participate in the study. A total of
1,979 of them were males while 1,887 were females, with 2,303 of them
belonging to the 13 to 18 age group.

Majority were from the economic middle class while 55.6 percent came from
rural areas and 44.4 percent from urban areas.

According to CWC Planning Officer III Ruth Limsom-Marayag, 60.4 percent of

physical violence “ironically” happened at home, followed by 14.3 percent in
school, 12.5 percent in the community, 7.1 percent in the workplace and 6.2
percent during dating.
Marayag said the physical violence committed at home constitutes various
forms of “corporal punishment” such as “spanking with bare hands, rolled
paper or small stick, pulling of hair and pinching or twisting of ears.”

“What happens is that the parents think that this corporal punishment is a
way to discipline their children which is very wrong. We should not use
violence to discipline children,” she noted when she presented the study.
What is alarming, she noted, is that many children think that there is nothing
wrong with being subjected to violent corporal punishment by their parents.

“They think it is normal if their parents hit them because they are only being
disciplined and being loved. They are becoming used to violence,” Marayag
added.

Violent discipline is driven by social norms around the use and effectiveness
of discipline, authoritarian parenting and parents’ levels of education.

The study showed that parental histories of physical abuse when children
were growing up combined with financial stress and substance misuse create
a “toxic trio” of risk factors for physical violence in the home.

On the other hand, majority of sexual violence takes place during dating at
14.1 percent; next is at home with 13.7 percent; in the community with 7.8
percent; workplace with 7.1 percent and in school with 5.3 percent.

The study showed any form of violence could result in trauma and a vicious
cycle due to the mentality that using physical force is normal.

“Experiencing childhood or familial sexual violence and experiencing or

being exposed to violence in the home increases the risk that children will
use or experience violence against partners, peers and family members,” it
stated.

Special Protection of Children Against Abuse, Exploitation and

Discrimination Act

RA No. 7610

In its Declaration of Policy the law mandates that 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. 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.

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. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.

Child abuse refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or

(4) Failure to immediately give medical treatment to an injured child resulting in

serious impairment of his growth and development or in his permanent incapacity
or death.

The law decrees that comprehensive program against child abuse, exploitation and
discrimination refers to the coordinated program of services and facilities to protected
children against, child prostitution and other sexual abuse, child trafficking, obscene
publication and indecent shows, other acts of abuses and circumstances which threaten
or endanger the survival and normal development of children.

The following are the salient provisions of the law:

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.

Section 7. Child Trafficking. – Any person who shall engage in trading and dealing
with children including, but not limited to, the act of buying and selling of a child for
money, or for any other consideration, or barter, shall suffer the penalty of reclusion
temporal to reclusion perpetua. The penalty shall be imposed in its maximum period
when the victim is under twelve (12) years of age.

Section 20. Discrimination. – Children of indigenous cultural communities shall not be

subjected to any and all forms of discrimination.

Any person who discriminate against children of indigenous cultural communities shall
suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five
thousand pesos (P5,000) more than Ten thousand pesos (P10,000).

Section 21. Participation. – Indigenous cultural communities, through their duly-

designated or appointed representatives shall be involved in planning, decision-making
implementation, and evaluation of all government programs affecting children of
indigenous cultural communities. Indigenous institution shall also be recognized and
respected.

Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of
Peace. It shall be the responsibility of the State and all other sectors concerned to
resolve armed conflicts in order to promote the goal of children as zones of peace.

Section 28. Protective Custody of the Child. – The offended party shall be
immediately placed under the protective custody of the Department of Social Welfare
and Development pursuant to Executive Order No. 56, series of 1986.

Case: Ricardo Dela Cerna v. People of the Philippines

Gr. No. 210810 , December 07,2016

Facts of the Case:

The victim, VVV was given by her biological mother to the Ricardo Dela Cerna
(petitioner) when she was 7 years old and the latter then acted as her guardian. On
September 10, 2005, when VVV was 9 years old, petitioner ordered her to attend to
petitioner's photocopying business. While attending the business, VVV fell asleep.
When petitioner saw VVV asleep, the former became furious and laid VVV on top of an
ironing board and placed a heated flat iron on her. When VVV tried to evade the heat
emanating from the flat iron, her forehead, right elbow, left cheek, left buttock and back
got burned. Thereafter, petitioner got her down from the ironing board and ordered her
to sleep. The following morning, petitioner's wife saw the burns on VVV and told
petitioner not to do it again. Later on, VVV went to her Lola Ma. Luisa to watch TV and
the latter, and several other people, saw the burns prompting Lola Ma. Luisa to bring
VVV to the Barangay Hall where the incident was put on blotter. Thereafter, VVV was
brought to the hospital and then to the police station. Hence, an Information was filed
against the petitioner.
 Petitioner, on the other hand, claimed that the incident happened accidentally.
According to him, on that particular day, he just came from work when he saw VVV
playing under a table and to teach her a lesson, he tried to scare her with a hot flat iron.
Petitioner was then not aware that VVV was hurt as there were no marks on her. The
marks only became evident the following morning. Petitioner claimed that he applied
medication on VVV's burns.

Issue: Whether or not Dela Cerna is guilty of child abuse as defined in RA No. 7610?

Held: Yes, the court held that Dela Cerna is guilty of child abuse.

The Supreme Court agrees with the trial court when it ruled that the prosecution have
established the elements of child abuse in this case, to wit: (a) the victim's minority; (b)
the acts constituting physical and psychological abuse when accused employed the use
of a heated flat iron; and (c) said excessive acts of rebuke and chastening are clearly
punishable under RA No. 7610. This is clearly shown in the evidence it presented
during trial particularly the testimonies of its witnesses and that of the minor victim, VVV,
who gave a clear, consistent, and credible account of the events on September 10,
2010, in a straightforward and candid manner.

In the case at bar the court also discussed the nature of the crime of child abuse as
defined in R.A. No. 7610, thus:

Republic Act No. 7610 is a measure geared towards the implementation of a

national comprehensive program for the survival of the most vulnerable members of the
population, the Filipino children, in keeping with the Constitutional mandate under
Article XV, Section 3, paragraph 2, that The State shall defend the right of the
children to assistance, including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development. This piece of legislation supplies the inadequacies of
existing laws treating crimes committed against children, namely, the Revised Penal
Code and Presidential Decree No. 603 or the Child and Youth Welfare Code. As a
statute that provides for a mechanism for strong deterrence against the commission of
child abuse and exploitation, the law has stiffer penalties for their commission, and a
means by which child traffickers could easily be prosecuted and penalized. Also, the
definition of child abuse is expanded to encompass not only those specific acts of child
abuse under existing laws but includes also other acts of neglect, abuse, cruelty or
exploitation and other conditions prejudicial to the child's development.
R:
https://lawphil.net/statutes/repacts/ra1992/ra_7610_1992.html

https://lawlibrary.chanrobles.com/index.php?
option=com_content&view=article&id=86130:62541&catid=1616&Itemid=566
Article 1 : https://www.untvweb.com/news/victims-of-human-trafficking-in-ph-spike-to-
over-700000-global-slavery-index/

The 2018 Global Slavery Index report shows a significant rise in the number of victims
of human trafficking in the Philippines.

Most notable was the incident of 13 minors, including a two-month-old baby, who were
trafficked by their own relatives and were rescued in March last year by operatives of
the National Bureau of Investigation (NBI) with the help of personnel from the U.S.
Homeland Security Investigators and Immigration and the Customs Enforcement team.

Specifically, the minors were used to promote child pornography.

“Masakit, kasi ang mga perpetrators ay mga magulang at mga relatives. So, sino pa
ang pagkakatiwalaan ng mga kabataan natin ngayon kung even ang magulang nila ay
kinakalakal sila?” said Atty Janet Francisco, chief of the NBI Anti-Human Trafficking
Division.

Their case is just one of the more than 700,000 victims of human trafficking based on
the report.

This puts the Philippines in the 12th rank among countries with the highest incidence of
modern-day slavery in the entire Asia Pacific.
The report notes that among the 44 million people trafficked across the globe, 73%
were victims of forced sexual exploitation; 68% were victims of forced labor; 64% were
victims of labor exploitation; while 42% were led to forced marriages.

Article 2:

https://news.abs-cbn.com/news/06/21/19/ph-fully-meets-standards-in-measures-vs-
human-trafficking-us-report
The Philippines has retained the highest status in its compliance with measures against
human trafficking, the US State Department said in its just released annual report.

Manila remains under Tier 1 status in the US Department of State’s 2019 Trafficking in
Persons (TIP) report released on Thursday. Ivanka Trump, advisor to the US President,
joined Secretary of State Michael Pompeo at the launch ceremony in Washington.

The country has been in the top tier category since 2016 despite being tagged as a top
destination of illicit funding for human trafficking, among other crimes, by the Anti-
Money Laundering Council.

“The Government of the Philippines fully meets the minimum standards for the
elimination of trafficking. The government continued to demonstrate serious and
sustained efforts during the reporting period, therefore the Philippines remained on Tier
1,” read the 2019 TIP report.

It recognized the government’s efforts, including the implementation of prosecution

procedures “that reduce the potential for further harm to child sex trafficking victims;
convicting and punishing traffickers; and robust efforts to prevent trafficking of Filipino
migrant workers and to assist those who become victims of trafficking overseas.”

The report cited efforts of the Department of Foreign Affairs, Department of Social
Welfare and Development, and Department of Labor and Employment in assisting
2,591 potential Filipino trafficking victims in the Middle East, Asia, and Europe in 2018.
Some 1,476 potential victims were rescued in the preceding reporting period.

The report also recognized the response of the Commission of Filipinos Overseas’ to
3,853 calls and assistance to 9 possible victims.

The TIP report noted that the National Bureau of Investigation and the Philippine
Overseas Employment Administration investigated 278 cases of alleged illegal
recruitment and recommended 123 cases for filing in the courts. There were 309
reported investigations in 2017.

The Philippine government also reported 11 convictions of those involved in trafficking,

compared to 8 in 2017.

US NOTES PH LAPSES

The report also pointed out some lapses in the Philippine government’s efforts,
including failing to prosecute trafficking suspects vigorously.

“[I]t did not vigorously investigate and prosecute officials allegedly involved in trafficking
crimes, consistently criminally prosecute labor traffickers, or increase the availability of
specialized protection and assistance services for child victims of sex trafficking or
services for male victims. Access to mental health services, employment training, and
job placement for survivors also remained inadequate,” it stated.
Philippine Ambassador to the US Jose Manuel Romualdez said the report shows
Manila’s “resolute” efforts against trafficking.

“The Philippine Embassy in Washington, D.C. sustains its cooperation and engagement
with US stakeholders in order to communicate our priorities, including the importance
with which we consider the role of labor-receiving countries in the fight against human
trafficking,” he said in a statement.

The report, released annually by the US Department of State since 2001, is mandated by the US Congress
under the Victims of Trafficking and Violence Protection Act (TVPA) of 2000.

The TVPA identifies minimum standards for the elimination of trafficking applicable to the government
of a country of origin, transit, or destination for victims of severe forms of trafficking.

There are four tier categories representing level of compliance with TVPA standards, namely: Tier 1 (full
compliance), Tier 2 (no full compliance but making significant efforts to comply with standards); Tier 2
Watchlist (no full compliance and absolute number of victims increasing), and Tier 3 (no full compliance,
no significant efforts to comply).

Anti- Trafficking in Persons Act of 2003

Republic Act. No. 9208

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS

ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND
FOR OTHER

The law declares in that pursuit of this policy, the State shall give highest priority to
the enactment of measures and development of programs that will promote human
dignity, protect the people from any threat of violence and exploitation, eliminate
trafficking in persons, and mitigate pressures for involuntary migration and servitude of
persons, not only to support trafficked persons but more importantly, to ensure their
recovery, rehabilitation and reintegration into the mainstream of society.

The law states in Section 4 the Acts of Trafficking in Persons. – Thus, it shall be
unlawful for any person, natural or juridical, to commit any of the following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any

means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
 (b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to engage in prostitution, pornography,
sexual exploitation, forced labor or slavery, involuntary servitude or debt
bondage;

(d) To undertake or organize tours and travel plans consisting of tourism

packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or

use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the

Philippines or abroad

Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be

recognized as victims of the act or acts of trafficking and as such shall not be penalized
for crimes directly related to the acts of trafficking enumerated in this Act or in
obedience to the order made by the trafficker in relation thereto. In this regard, the
consent of a trafficked person to the intended exploitation set forth in this Act shall be
irrelevant.

Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery,

rehabilitation and reintegration into the mainstream of society, concerned government
agencies shall make available the following services to trafficked persons:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services which shall include information about the victims' rights
and the procedure for filing complaints, claiming compensation and such other
 legal remedies available to them, in a language understood by the trafficked
person;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the progress of
recovery, rehabilitation and reintegration of the trafficked persons shall be adopted and
carried out.

Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE
and other appropriate agencies, shall have the primary responsibility for the repatriation
of trafficked persons, regardless of whether they are documented or undocumented.

If, however, the repatriation of the trafficked persons shall expose the victims to greater
risks, the DFA shall make representation with the host government for the extension of
appropriate residency permits and protection, as may be legally permissible in the host
country.

Case: People of the Philippines v Jeffrey Rodriquez

Gr. No. 2235528 January 11, 2017

Facts of the Case:

On June 27, 2007 Hirang sold BBB, along with AAA, CCC and DDD, to his Korean
customers for sexual activities. Hirang told his victims that they would receive ₱5,000.00
after a "gimik" with them. At around 10:00 p.m., their group proceeded to meet with the
Koreans at Chowking restaurant, C-5 in Taguig City. Hirang instructed the girls to tell
the Koreans that they were 16 years of age, as this was their customers' preference.

When their group arrived at Chowking, Hirang talked to a Korean and then
introduced the girls to him. The Korean handed money to Hirang and as the latter was
counting it, NBI agents arrived at the scene and announced a raid. NBI agents arrested
Hirang, while a social worker approached the girls and brought them to the NBI for their
statements.

The raid was conducted following a prior investigation conducted by IJM, a non-profit
organization that renders legal services and is based in Washington, D.C. IJM's
investigators Sarmiento and Villagracia gathered data on human trafficking in Metro
Manila, after information that Hirang was selling minors for prostitution. Hirang was
introduced by a confidential informant to Villagracia, who posed as a travel agency
employee having Korean friends. Villagracia claimed to have Korean friends as they
knew Hirang to be transacting only with foreign customers.

Issue: Whether or not Hirang is guilty of qualified trafficking in persons?

Held : Yes, the court ruled that Hirang is guilty of qualified in persons under RA No.
9208?

The information filed against Hirang sufficiently alleged the recruitment and
transportation of the minor victims for sexual activities and exploitation, with the offender
taking advantage of the vulnerability of the young girls through the guarantee of a good
time and financial gain. Pursuant to Section 6 of R.A. No. 9208, the crime committed by
Hirang was qualified trafficking, as it was committed in a large scale and his four victims
were under 18 years of age.

The presence of the crime's elements was established by the prosecution witnesses
who testified during the trial. The young victims themselves testified on their respective
ages, and how they were lured by Hirang to participate in the latter's illicit sex trade.
Hirang recruited the girls to become victims of sexual abuse and exploitation. Mainly
upon a promise of financial benefit, the girls agreed and, thus, joined him on June 27,
2007 in meeting with the Korean customers in search for prostitutes. Police authorities
personally, witnessed Hirang's unlawful activity, as they conducted the entrapment
operations and arrested him after Hirang transacted with the supposed customers and
received payment therefor.

Hirang argued that he was merely instigated to commit the offense, but even such
defense deserves scant consideration. It has been established by the prosecution that
Hirang has been engaged in the illegal activities leading young women to prostitution,
and the police officers merely employed means for his capture. Trafficking of women
was his habitual trade; he was merely entrapped by authorities.

R: https://lawphil.net/statutes/repacts/ra2003/ra_9208_2003.html

https://lawphil.net/judjuris/juri2017/jan2017/gr_223528_2017.html
Article: https://businessmirror.com.ph/2020/03/09/more-women-raped-physically-
abused-last-year-govt-data/

March 20,2020 Article

More women were raped, physically abused, sexually exploited and trafficked in
2019, according to the latest data obtained by the Philippine Statistics Authority from the
Philippine National Police (PNP) and the Department of Social Welfare and
Development (DSWD).

Data obtained by the PSA from the PNP as of February 2020 indicated there were
2,162 rape cases reported to the police in 2019, 30.6 percent higher than the 1,656
cases reported in 2018.

PSA reported that more women reported that they experienced acts of
lasciviousness and other abuses, with increases at 3.2 percent and 2.8 percent,
respectively.

Government data indicated that there was a 45.4-percent decline in the number of
cases of attempted rape to 362 last year from 663 in 2018. There were no available
data for incestuous rape in 2019.

Article: https://cnnphilippines.com/news/2017/03/07/One-person-raped-per-hour-in-
PH.html

2017 Data

In the Philippines, one woman or child is raped every hour.

This is based on police records, as cited by the Center for Women's

Resources (CWR), which showed that from January to October last year,
there were 7,037 reported rape cases nationwide.

Philippine Statistics Authority reported 4,605 cases of rape, acts of lasciviousness, attempted
and incestuous rape in 2016, for women only.
Article 3: https://www.philstar.com/headlines/2020/05/25/2016374/8-raped-daily-during-
quarantine-pnp

An average of eight people a day have fallen victim to sexual assault in the country
during the community quarantine.

Data from the Philippine National Police (PNP) showed that 602 people across the
country were raped from March 17 to May 23 or an average of eight people daily.

The PNP did not go into details on the areas with the highest number of cases and if
there were children among the victims.

The figure is lower by 53 percent, or an average of 18 victims a day, compared to the

1,289 cases documented from Jan. 9 to March 16, before the government imposed
quarantines to contain the coronavirus disease 2019 (COVID-19).

The PNP recently defended itself from allegations that some police officers manning
quarantine control checkpoints are involved in a “sex for pass” scheme.
Article 4: https://www.pcw.gov.ph/focus-areas/violence-against-women/rape

Rape is one of the most prevalent forms of violence against women

(VAW) in the Philippines. Reported rape cases ranked third (13.1%) of the
total reported VAW cases in the country from 1999 to 2009. The hard fact is
that this is not yet the true representation of the problem. Due to cultural
and social stigmatization associated with rape, many women victims prefer
to maintain their silence and not report their ordeal to the authorities.

The government with the aid of NGOs have taken initiatives to set up crisis
centers for rape survivors in collaboration with the different sectors of the
community to help victims deal with the trauma and encourage them to
report rape. Several rape-related laws have also been passed to address the
concern. Through the provision of suitable legal support and health services,
it is hoped that women victims of rape be encouraged to come forward for
proper intervention and justice to be served accordingly.
 The Anti-Rape Law of 1997

Republic Act No. 8353

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 No. 8353, known as the Anti-Rape Law of 1997, expanded the definition of
the crime of rape and re-classified it as a crime against persons. Previously, it was
classified as a crime against chastity, and belonged to the group of crimes that include
adultery, concubinage, acts of lasciviousness, seduction, corruption of minors and white
slave trade. As a crime against persons, the law no longer considers it as a private
crime. Anyone who has knowledge of the crime may file a case on the victim's behalf.
Prosecution continues even if the victim drops the case or pardons the offender.

Article 266-A. Rape: When And How Committed. - Rape is committed:

"1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:

"a) Through force, threat, or intimidation;

"b) When the offended party is deprived of reason or otherwise unconscious;

"c) By means of fraudulent machination or grave abuse of authority; and

"d) When the offended party is under twelve (12) years of age or is demented,
even though none of the circumstances mentioned above be present.

"2) 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.

Under R.A. 8353, the penalties for rape perpetrators vary depending on the act itself
and the circumstances surrounding it. These are the following:

Reclusion perpetua (imprisonment from 20 to 40 years) is imposed on the offender if

rape is committed through sexual intercourse
Prision mayor (imprisonment from six to 12 years) is imposed on the offender if rape
was committed through oral or anal sex or through the use of any object or instrument
that was inserted into the mouth or anal orifice of the woman or a man. This may also
be elevated to reclusion temporal (imprisonment from 12 to 20 years) or reclusion
perpetua depending on the circumstances surrounding the crime.

Rape Victim Assistance and Protection Act of 1998

R.A No. 8505

AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS,

ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY
PROVINCE AND CITY, AUTHORIZING THE APPROPRIATION OF FUNDS
THEREFOR, AND FOR OTHER PURPOSES

In its Declaration of Policy the law declares that it is the policy of the State to provide
necessary assistance and protection for rape victims. The law further decrees that the
government shall coordinate its various agencies and non-government organizations to
work hand in hand for the establishment and operation of a rape crisis center in every
province and city that shall assist and protect rape victims in the litigation of their cases
and their recovery.

One of the salient features of the law is the creation of the Rape Crisis Center.
Section 3 mandates that the Department of Social Welfare and Development (DSWD),
the Department of Health (DOH), the Department of the Interior and Local Government
(DILG), the Department of Justice (DOJ), and a lead non-government organization
(NGO) with proven track record or experience in handling sexual abuse cases, shall
establish in every province and city a rape crisis center located in a government hospital
or health clinic or in any other suitable place for the purpose of:

(a) Providing rape victims with psychological counselling, medical and health
services, including their medico-legal examination;

(b) Securing free legal assistance or service, when necessary, for rape victims;

(c) Assisting rape victims in the investigation to hasten the arrest of offenders
and the filing of cases in court;

(d) Ensuring the privacy and safety of rape victims;

(e) Providing psychological counselling and medical services whenever

necessary for the family of rape victims;

(f) Developing and undertaking a training program for law enforcement officers,
public prosecutors, lawyers, medico-legal officers, social workers, and barangay
 officials on human rights and responsibilities; gender sensitivity and legal
management of rape cases; andalf-1awphi1

(g) Adopting and implementing programs for the recovery of rape victims.

The DSWD shall be the lead agency in the establishment and operation of the Rape
Crisis Center.

The law also mandates for protective measures, it states that at any stage of the
investigation, prosecution and trial of a complaint for rape, the police officer, the
prosecutor, the court and its officers, as well as the parties to the complaint shall
recognize the right to privacy of the offended party and the accused. Towards this end,
the police officer, prosecutor, or the court to whom the complaint has been referred
may, whenever necessary to ensure fair and impartial proceedings, and after
considering all circumstances for the best interest of the parties, order a closed-door
investigation, prosecution or trial and that the name and personal circumstances of the
offended party and/or the accused, or any other information tending to establish their
identities, and such circumstances or information on the complaint shall not be
disclosed to the public.

Section 6 of the law also provides the provision of “rape shield”, thus in prosecutions
for rape, evidence of complainant’s past sexual conduct, opinion thereof or of his/her
reputation shall not be admitted unless, and only to the extent that the court finds, that
such evidence is material and relevant to the case.

Article: https://yogyakartaprinciples.org/

In 2006, in response to well-documented patterns of abuse, a distinguished group of

international human rights experts met in Yogyakarta, Indonesia to outline a set of
international principles relating to sexual orientation and gender identity. The result
was the Yogyakarta Principles: a universal guide to human rights which affirm
binding international legal standards with which all States must comply. They
promise a different future where all people born free and equal in dignity and rights
can fulfil that precious birthright.

https://www.hrw.org/news/2007/03/26/yogyakarta-principles-milestone-lesbian-gay-
bisexual-and-transgender-rights
Yogyakarta Principle’s a Milestone for Lesbian, Gay, Bisexual and Transgender Rights

Experts Set Out Global Standards for Sexual Rights and Gender Equality

A groundbreaking set of principles on sexual orientation, gender identity, and

international law is a landmark advance in the struggle for basic human rights as well as
gender equality, Human Rights Watch and the Center for Women’s Global Leadership
said today. The document, known as the Yogyakarta Principles after the city where it
was adopted, was launched today in Geneva by a group of 29 international human
rights experts.

“These principles establish basic standards for how governments should treat
people whose rights are too often denied and whose dignity is too often reviled,” said
Scott Long, director of the Lesbian, Gay, Bisexual, and Transgender Rights Program at
Human Rights Watch. “Firmly grounded in law and precedent, they enshrine a simple
idea: human rights do not admit exceptions.”

The “Yogyakarta Principles on the Application of International Law in Relation to

Issues of Sexual Orientation and Gender Identity” were adopted by a meeting of experts
in international law in Yogyakarta, Indonesia, in November 2006. They confirm legal
standards for how governments and other actors should end violence, abuse, and
discrimination against lesbian, gay, bisexual, and transgender people, and ensure full
equality.

The experts launching the principles include a former United Nations High
Commissioner for Human Rights, as well as UN independent experts, members of UN
treaty bodies, judges, activists, and academics. Human Rights Watch was part of a
secretariat supporting the work of the experts who developed the principles. The Center
for Women’s Global Leadership was a member of the advisory committee to the
secretariat.

“For more than three decades, lesbians have been among the millions of women’s
rights activists pressing the international community to put gender equality at the heart
of the human rights agenda,” said Charlotte Bunch, executive director of the Center for
Women’s Global Leadership. “These sweeping principles are a bold and important step
forward. Addressing civil and political as well as economic, social and cultural rights,
they show how sexual rights and gender equality are inextricably interwoven with the full
scope of rights protections.”

The Yogyakarta Principles were developed in response to well-documented patterns

of abuse around the globe. These abuses, perpetrated because of actual or
perceived sexual orientation or gender identity, have affected millions.

The principles address:

rape and other forms of gender-based violence;

extrajudicial executions;

torture and other forms of cruel, inhuman, and degrading treatment;

medical abuses;

repression of free speech and assembly; and

discrimination in work, health, education, housing, access to justice, and immigration.

The principles also map out a positive road to full equality for lesbian, gay, bisexual,
and transgender people around the world. Each principle is accompanied by detailed
recommendations to states on how to end discrimination and abuse. The principles also
call for action from the UN’s human rights system, national human rights institutions, the
media, nongovernmental organizations, and others.

The principles were launched today at the UN Human Rights Council’s session in
Geneva, where last year 54 states called for the council to act against egregious
violations of the rights of lesbian, gay, bisexual, and transgender people.

Very informative article: http://www.galangphilippines.org/faqs/

LBT stands for ‘lesbian, bisexual, and transgender’.

A lesbian is a woman who is emotionally, psychologically, and/or sexually attracted to

another woman. She need not behave or dress like a man, although it is her right to do
so if she wishes.
 Both women and men can be bisexual and/or transgender. A bisexual woman is a
person whose gender identity is that of a woman and is attracted to both women and
men.

A trans man is a person who was assigned the female sex at birth, but believes that this
label is incorrect or insufficient and feels that he is actually male. Not all trans men are
attracted to women. A person need not be sexually active to be lesbian, bisexual or
transgender.

No one has the right to label or treat another person as lesbian, bisexual or transgender
besides the person herself or himself who wishes to embrace any of these identities.

LBTs have the same human rights as everybody else. The 1987 Philippine Constitution
provides that no person shall be “denied the equal protection of the laws.” The Universal
Declaration of Human Rights likewise outlines the rights to which all persons, including
LBTs, are entitled. It provides that “All human beings are born free and equal in dignity
and rights.”

It is clear that based on both national and international bills of human rights, all persons
are inherently equal and must thus be treated equally. If so, then it is imperative to
establish and respect the human rights of LBTs stated in The Yogyakarta Principles, a
universal guide to human rights which affirms binding international legal standards with
which all States must comply.

A distinguished group of international human rights experts who met in Yogyakarta,

Indonesia in 2006 crafted The Yogyakarta Principles. It is a universal guide to human
rights which affirms binding international legal standards with which all States must
comply. The initiative to outline a set of international principles relating to sexual
orientation and gender identity was undertaken in response to well-documented
patterns of abuse. The following are the specific rights outlined in The Yogyakarta
Principles:

 PRINCIPLE 1. The Right to the Universal Enjoyment of Human Rights

 PRINCIPLE 2. The Rights to Equality and Non-discrimination
 PRINCIPLE 3. The Right to Recognition Before the Law
 PRINCIPLE 4. The Right to Life
 PRINCIPLE 5. The Right to Security of the Person
 PRINCIPLE 6. The Right to Privacy
 PRINCIPLE 7. The Right to Freedom from Arbitrary Deprivation of Liberty
 PRINCIPLE 8. The Right to a Fair Trial
 PRINCIPLE 9. The Right to Treatment With Humanity While in Detention
 PRINCIPLE 10. The Right to Freedom from Torture and Cruel, Inhuman or Degrading
Treatment or Punishment
 PRINCIPLE 11. The Right to Protection From All Forms of Exploitation, Sale and
Trafficking of Human Beings
 PRINCIPLE 12. The Right to Work
 PRINCIPLE 13. The Right to Social Security and to Other Social Protection Measures
 PRINCIPLE 14. The Right to an Adequate Standard of Living
 PRINCIPLE 15. The Right to Adequate Housing
 PRINCIPLE 16. The Right to Education
 PRINCIPLE 17. The Right to the Highest Attainable Standard of Health
 PRINCIPLE 18. Protection from Medical Abuses
 PRINCIPLE 19. The Right to Freedom of Opinion and Expression
 PRINCIPLE 20. The Right to Freedom of Peaceful Assembly and Association
 PRINCIPLE 21. The Right to Freedom of Thought, Conscience and Religion
 PRINCIPLE 22. The Right to Freedom of Movement
 PRINCIPLE 23. The Right to Seek Asylum
 PRINCIPLE 24. The Right to Found a Family
 PRINCIPLE 25. The Right to Participate in Public Life
 PRINCIPLE 26. The Right to Participate in Cultural Life
 PRINCIPLE 27. The Right to Promote Human Rights
 PRINCIPLE 28. The Right to Effective Remedies and Redress
 PRINCIPLE 29. Accountability

Discrimination is any unjust treatment of a person who belongs to a group or sector on

account of her/his class or socio-economic status, sex, gender identity, gender
expression or sexual orientation. One common characteristic of discrimination is
arbitrary exclusion of a person from opportunities that are readily accessible to persons
belonging to a different group or sector.

There are far too many instances and cases of discrimination against urban poor LBTs.
Although these vary in severity, all forms of discrimination are unjust. The following are
a few documented examples of discrimination:

 Unlawful termination of LBTs from work or refusal to hire them due to their manner of
dress or their having short hair despite being perfectly capable of fulfilling the
requirements of the job
 Persecution, shaming, maligning or bashing of LBTs because of their refusal to conform
to standards of femininity
 Assault and rape of LBTs (commonly described as ‘corrective rape’ inflicted on LBTs) to
force them to accept heterosexuality and/or to adhere to standards of femininity
 Refusal to give sufficient medical care and attention to LBTs because they do not meet
the standards of femininity and are therefore not `real females’
 Intimidation, imprisonment or unlawful prosecution of LBTs in order to force them to
abandon their non-heterosexual relationships or lifestyles

We make many seemingly insignificant decisions in everyday life that we often take for
granted, but those small decisions can contribute substantially to improving the lives of
LBTs.

We can support or join organizations that help strengthen LBTs as a marginalized

sector. If no such organization exists in our area, we can form small support groups
composed of our friends and neighbors. If organizing a group is not something that we
are prepared to do just yet, we can also try to learn more about LBT issues by reading
about sexual orientation and gender in newspapers, magazines or books in the nearest
bookstore, or even in the Internet.

For LBTs, we can make a big difference by striving to excel in school or at work and by
having faith and confidence in ourselves. Caring for and loving ourselves is a huge step
in pushing for our human rights as LBTs. We can do this by staying away from
unhealthy habits such as excessive drinking, drugs, gambling, and/or fighting with,
badmouthing or acting negatively towards each other.

Anyone who believes that every human being is entitled to enjoy human rights can help
promote and protect the rights of LBTs. It is important to remember that all LBTs desire
respect and equality and like all human beings, LBTs are deserving of respect and
equal rights.

Thus, anyone, including our parents, sisters, brothers, relatives, friends, neighbors,
classmates, co-workers, teachers, bosses, etc., can help work towards building a truly
free and equal society by advancing LBT rights. Some of them may not yet appreciate
our struggles as sexual minorities, so we must strive to help them understand that LBT
rights are human rights, and hope that in time, they will join us in the struggle to help
LBTs.

Article : Philippine City Passes Law Against LGBT Discrimination

https://www.hrw.org/news/2018/06/05/philippine-city-passes-law-against-lgbt-
discrimination

The Philippine city of Mandaluyong has approved an ordinance to protect the rights of
lesbian, gay, bisexual, and transgender people from discrimination, the latest in a slew
of local laws passed across the country.

Mandaluyong’s anti-discrimination ordinance “prohibits such discriminatory acts as

denying or limiting employment-related access; denying access to public programs or
services; refusing admission, expelling or dismissing a person from educational
institutions due to their SOGIE (sexual orientation, gender identity and expression).” It
also prohibits “verbal or written abuse; unjust detention/involuntary confinement;
denying access to facilities; and illegalizing formation of groups that incite SOGIE-
related discrimination.”

The passage of the these local ordinances are important because LGBT Filipinos, while
widely accepted in Philippine society, still face discrimination. This is particularly true for
LGBT students as well as LGBT people living with HIV, many of whom suffer even more
from mistreatment by families, employers, or colleagues. While the ordinance does not
specifically address HIV-related discrimination, most HIV infections in the Philippines
occur among LGBT people, particularly men who have sex with men. The Philippines
has the fastest-growing HIV epidemic in the Asia-Pacific region, and a third of all new
HIV infections are recorded in Metro Manila, which is composed of 16 towns and cities,
including Mandaluyong.

The wave of local ordinances stands in stark contrast to the Philippine legislature, which
has not passed similar anti-discrimination legislation. While the lower House passed a
version of an anti-LGBT discrimination bill in September, its Senate version faces stiff
opposition from religious groups and conservative senators. The recently appointed
Senate president, Senator Vicente Sotto III, a religious conservative supported by the
Catholic Church because of his outspoken opposition to LGBT equality legislation, is
likely to strongly oppose any legislation aimed to protect the rights of LGBT people.

LGBT rights advocates believe the strategy to ban SOGIE discrimination could offset at
the local level the absence of such legislation at the national level. But those local laws
are also a challenge to the Philippine government to take the initiative to pass national
anti-LGBT discrimination legislation to ensure that all Filipinos enjoy the rights
guaranteed them under the country’s constitution and international human rights law.

THE CONTROVERSIAL SOGIE BILL

-not yet a law; gebutang lang kay hot topic today

https://www.rappler.com/newsbreak/iq/238593-timeline-sogie-equality-philippines

Timeline of the SOGIE EQUALITY BILL

The fight for equality and anti-discrimination for the LGBTQ+ community is one that has known
almost two decades of legal struggle

After trans woman Gretchen Custodio Diez was barred from using her preferred
restroom in a Cubao mall last August 13, one wonders how gender equality has fared in
the country over the years.

The State's commitment to upholding the dignity and equality of all persons is enshrined
in the 1987 Constitution and in several international covenants it is signatory to, such as
the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and the
International Covenant on Civil and Political Rights (ICCPR).

While the protection of the LGBTQ+ is promised on paper, the Philippines is no stranger
to notorious cases of hate crimes and abuse against the community.
In its latest version, Senate Bill No. 689, entitled “Anti-Discrimination on the Basis of
Sexual Orientation, Gender Identity and Expression,” has not been passed in Congress
after almost two decades.

It seeks to penalize discrimination on the basis of sexual orientation and gender identity
or expression (SOGIE), and is more commonly known as the anti-discrimination bill or
the SOGIE equality bill.

Early movements

Years before a nationwide measure to specifically protect LGBTQ+ members was filed
by lawmakers, activists had begun taking to the streets. An initiative by young lesbian
feminists called The Lesbian Contingent joined the International Women’s Day march in
1993. Australian socialist magazine Green Left Weekly claimed it was the first time a
lesbian contingent marched in public.

On June 26, 1994, the Progressive Organization of Gays in the Philippines (ProGay
Philippines) and Metropolitan Community Church organized what came to be known as
the first Pride March in the Philippines and in Asia.

Various LGBTQ+ organizations had begun budding in the country. For instance, the
University of the Philippines' Babaylan claimed itself to be the country's oldest LGBTQ+
student organization in 1992.

History in Congress

The earliest version of the SOGIE equality bill was filed in 2000 by the late senator
Miriam Defensor Santiago and former Akbayan representative Loretta Rosales under
the 11th Congress.

Refiled in the 14th Congress, the bills reached the committee level only. More senators
would file similar bills in the 15th and 16th congresses to no avail. Other significant
events are as follows:

2010-2012

Party list Ang Ladlad, which aimed to represent the LGBTQ+ community, files a petition
to run in the 2010 national elections. An ABS-CBN report says the Commission on
Elections (Comelec) denied the petition twice, citing “immorality” as basis. Its
registration is eventually granted by the Supreme Court.

The Department of Education issues an order in May 2012 for the protection of children,
including their sexual orientation and gender identity.

2013
On August 3, then-Commission on Human Rights (CHR) chair and pioneer SOGIE bill
sponsor Loretta Ann Rosales says the CHR is working on a database on LGBTQ+ hate
crimes to better their prosecution and investigation.

By the end of the same month, then-Laguna representative Sol Aragones introduces
House Bill No. 2572, which would make LGBTQ+ hate crimes an aggravating
circumstance for crimes against persons and chastity.

Shortly after, then-Albay representative Grex Lagman files a measure that would help
same-sex couples acquire property together. Neither bill has been passed.

2014

Trans woman Jennifer Laude is murdered by a US Marine on October 11.

Laude’s case catalyzes discussion and action toward advancing transgender rights.

In the local government scene, former mayor Herbert Bautista signs the gender-fair
ordinance in Quezon City on November 28. Prohibited acts include discrimination
against the LGBTQ+ in the workplace, educational institutions, and in delivery of goods,
services, and accommodation.

The ordinance also includes affirmative acts, such as equal pay and sensitivity training
in the workplace.

This would become the law that protected Gretchen Diez when she faced illegal
detainment at a mall office in Quezon City.

2016

During the election campaign, then-senatorial candidate Manny Pacquiao calls same-
sex couples “mas masahol pa sa hayop (worse than animals)” in a viral video interview
by Bilang Pilipino. He has served two terms as a congressman by this time.

Bataan congressional candidate Geraldine Roman makes history as she takes her seat
as the first-ever elected transgender woman in the House of Representatives in May.

The first Senate version of the anti-discrimination bill is filed on August 11 by Senator
Risa Hontiveros, while its House counterpart remains pending.

2017
After 17 years since its first filing, the anti-discrimination bill is passed by the 17th
Congress on its third and final reading on September 20 with a vote of 197-0 in the
House of Representatives.

2018

On August 8, CNN Philippines reports that 5 senators who include Hontiveros, Loren
Legarda, Ralph Recto, Franklin Drilon, and Juan Miguel Zubiri express support for the
bill. Opposing senators include Manny Pacquiao, Joel Villanueva, and Senate President
Tito Sotto.

The CHR backs the passage of the bill through a position paper dated October 8.

2019

The anti-discrimination bill is due for passage by June before the 17th Congress
adjourns. The bill languishes after suffering 3 years of interpellations.

On August 13, Gretchen Diez is blocked by a female janitress from using the women’s
restroom. The janitress apologizes, but Diez vows to keep fighting for the rights of her
fellow LGBTQ+ members. (READ: Gretchen Diez comes out)

After Hontiveros delivers a privilege speech on August 14, renewing her call for
Congress to pass the SOGIE bill, Senators Imee Marcos and Bong Go throw their
weight behind it.

Meanwhile, several senators express confusion. Senator Aquilino Pimentel III asks for a
definition of trans woman, Senator Panfilo Lacson brings up the danger of voyeurism,
and Senate President Tito Sotto wonders, “why that lengthy letters? Why not just Homo
sapiens?”

Diez meets with President Rodrigo Duterte on August 19, and says he supports her and
her push for the SOGIE bill.

Sotto strikes back with another remark about the bill having “no chance” of passing the
Senate if it “transgresses on academic freedom, religious freedom, and women’s rights.”

Article about the SOGIE BILL by the Philippine Commission on Women

https://www.pcw.gov.ph/wpla-17th-congress/enacting-anti-discrimination-based-sexual-
orientation-and-gender-identity-law

WHAT IS THE ISSUE? WHAT HAS BEEN OUR RECENT EXPERIENCE/S WITH
REGARDS TO THE ISSUE?

Persons with diverse sexual orientation and gender identity (SOGI) experience abuse
and violence (ranging from subtle jokes to extreme forms of stigma and assault) from
their families, neighbors, educational/training institutions and even from government
institutions.1

Lesbian, Gay, Bisexual and Transgender (LGBT) people also experience lost economic
opportunities due to discrimination in employment such as being required to wear
clothes according to their sex-assigned at birth as condition for hiring and outright
refusal to hire applicants on the ground of their SOGI.

Prejudicial attitudes of some law enforcers and service providers towards LGBT people
deter them from reporting cases of abuse and violence committed against them. One
documented case of a transgender woman who was sexually abused by a relative when
she was eight-years old narrated that the judge who was hearing the case questioned
her and said that maybe she showed motives that prompted the assault.2 In yet another
case, the police told a transwoman victim of gang rape that she should be thankful for
being raped by men who otherwise should not give attention to people like her.

Around the world, LGBTs are at high risk of suicide which is linked with their
experiences of being rejected and discriminated based on their gender identity. The
stigma that LGBTs face in everyday life takes a toll on their mental and physical well-
being. A study done in Cambodia reveals that SOGI-based bullying in schools has
resulted in reduced school attendance, dropout, damaged academic achievement and
performance. The study also established that long-term bullying is a major contributory
factor to depression, anxiety, loss of confidence, withdrawal, social isolations, self-harm
and suicidal tendencies among the victims.

The lack of a national policy as legal basis to address these discriminatory

practices leaves the LGBTs with no recourse for redress. This results to
continued violations of LGBTs human rights by private as well as public
institutions and individuals.

WHY IS THE ISSUE IMPORTANT?

Eliminating discrimination based on SOGI will address disparity in treatment that stems
from gender biases and double standards that provide protection selectively to those
who adhere to the patriarchal concept of male and female, and discriminate against
those who do not fit in the socially constructed norms of what is a man and a woman.
Although the 1987 Philippine Constitution guarantees the right of every person to equal
protection of the laws, without distinction or discrimination, the laws protecting human
rights are not being equally applied especially to persons with diverse SOGI.

Private establishments and companies assert their management prerogative in hiring

and distinguishing who can and cannot enter their premises which sometimes
discriminate against LGBTs. Schools or academic institutions assert their academic
freedom in institutionalizing policies against cross-dressing and reserve the right not to
accept or even expel students that violate these policies. Enacting an Anti-
Discrimination Law will affirm and enforce the equal application of existing laws that
protect the human rights of those who face human rights violation because of their
SOGI and will address the impunity by which they are discriminated.

WHAT ARE THE EXISTING LAWS OR POLICIES RELATED TO THE ISSUE?

Section 3 of Republic Act 9710 otherwise known as the Magna Carta of Women (MCW)
provides that “All individuals are equal as human beings by virtue of the inherent dignity
of each human person. No one should therefore suffer discrimination on the basis of
ethnicity, gender, age, language, sexual orientation, race, color, religion, political or
other opinion, national, social or geographical origin, disability, property, birth, or other
status as established by human rights standards.

The Philippine Constitution provides that “The State values the dignity of every person
and guarantees full respect for human rights” (Article II, Section 11). It also guarantees
every person the right to life, security of person and privacy, right to be free from torture,
arbitrary arrest and detention, the right to be free from discrimination and the right to
freedom of expression, and the right to organize associations (Article III, Section 1, 2, 4,
8, 12).

Civil Service Commission Memorandum Circular No. 29-2010 prohibits discrimination

against LGBT people applying for civil service examinations. In addition, the CSC’s
Revised Policies on Merit and Promotion plan include a provision that inhibits
discrimination in the selection of employees based on various criteria including gender.

Recently, the Department of Social Welfare and Development (DSWD) issued a

Memorandum respecting the right of persons of diverse SOGI to wear uniform of their
preferred sexual orientation and gender identity.5

In addition, Anti-Discrimination Ordinances that prohibit discrimination based on sexual

orientation and gender identity have been enacted in nineteen (19) LGUs, namely:
Barangays Bagbag, Lagro and Pansol in Quezon City, Angeles City in Pampanga,
Antipolo City, Bacolod City in Negros Occidental, Batangas City in Batangas, Candon
City in Ilocos Sur, Cebu City, Dagupan City in Pangasinan, Davao City, Mandaue City,
Puerto Princesa, Quezon City, Vigan City in Ilocos Sur, Municipality of San Julian in
Eastern Samar, Province of Agusan del Norte, Province of Batangas and Province of
Cavite.
In the legal battle for gender equality, there have been cases that were ruled in favor of
LGBTs such as when the Supreme Court ruled in favor of the Ang Ladlad Partylist,
declaring that the LGBT sector deserves to participate in the party-list system on the
same basis as other marginalized and under-represented sectors.6

In another case, wherein the husband petitioned for the custody of his child with an
estranged wife whom the petitioner claimed was immoral on the grounds that the ex-
wife had a lesbian relationship, the Court decided in favor of the wife saying that “moral
laxity alone does not prove parental neglect or incompetence”.

Other Laws:

105-Day Expanded Maternity Leave Law

Signed into law on February 2019 by President Rodrigo Duterte, Republic Act
11210 or the Expanded Maternity Leave Law extends the previous 60-day
(78 days for caesarian section delivery for women workers in the private
sector) paid maternity leave to 105 days.

The law also entails an option to extend for an additional 30 days of unpaid
leave. Additional 15 days paid maternity leave shall also be granted to
female solo parents.

Assistance for small-scale women entrepreneurs

This law seeks to provide all possible assistance to Filipino women in their
pursuit of owning, operating and managing small business enterprises.

RA 7882, or the act that states the Provision of Assistance to Women

Engaging in Micro and Cottage Business Enterprises, and for other purposes,
was approved in February 1995.

National Women's Day

RA 6949 declares the eighth day of March every year as a special working
holiday.

This ensures meaningful observance of the holiday, where all heads of

government agencies and instrumentalities, including government-owned
and controlled corporations as well as local government units, and employers
in the private sector shall encourage and afford sufficient time and
opportunities for their employees to engage and participate in any activity
conducted within the premises of their respective offices or establishments
to celebrate National Women's Day.

R: https://www.pna.gov.ph/articles/1063739

Note: Include here:

1. How one could individually response?

2. Vision: How to address? This is the one presented in a form of a
diagram in General Sociology handbook