Ra - Women

ARTICLE II
undergoing training, instruction or education. Towards this end, all

forms of sexual harassment in the employment, education or training
environment are hereby declared unlawful.
DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 14. The State recognizes the role of women in nation-building,
and shall ensure the fundamental equality before the law of women and
men.
Section 3. Work, Education or Training -Related, Sexual Harassment

Defined. - Work, education or training-related sexual harassment is
committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other
person who, having authority, influence or moral ascendancy over
another in a work or training or education environment, demands,
requests or otherwise requires any sexual favor from the other,
regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.
ARTICLE XIII
WOMEN
Section 14. The State shall protect working women by providing safe
and healthful working conditions, taking into account their maternal
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.
XXXXXXXXXXX
(a) In a work-related or employment environment, sexual harassment is

committed when:
XXXXXXXXXX
(1) The sexual favor is made as a condition in the hiring or in the

employment, re-employment or continued employment of said
individual, or in granting said individual favorable compensation, terms
of conditions, promotions, or privileges; or the refusal to grant the
sexual favor results in limiting, segregating or classifying the employee
which in any way would discriminate, deprive ordiminish employment
opportunities or otherwise adversely affect said employee;
REPUBLIC ACT No. 7877

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN
THE EMPLOYMENT, EDUCATION OR TRAINING
ENVIRONMENT, AND FOR OTHER PURPOSES.
(2) The above acts would impair the employee's rights or privileges
under existing labor laws; or
Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:
(3) The above acts would result in an intimidating, hostile, or offensive

environment for the employee.
Section 1. Title. - This Act shall be known as the "Anti-Sexual

Harassment Act of 1995."
(b) In an education or training environment, sexual harassment is

committed:
Section 2. Declaration of Policy. - The State shall value the dignity of

every individual, enhance the development of its human resources,
guarantee full respect for human rights, and uphold the dignity of
workers, employees, applicants for employment, students or those
HUMAN RIGHTS
(1) Against one who is under the care, custody or supervision of the
offender;
1
(2) Against one whose education, training, apprenticeship or tutorship is

entrusted to the offender;
(b) Create a committee on decorum and investigation of cases on sexual

harassment. The committee shall conduct meetings, as the case may be,
with officers and employees, teachers, instructors, professors, coaches,
trainors, and students or trainees to increase understanding and prevent
incidents of sexual harassment. It shall also conduct the investigation of
alleged cases constituting sexual harassment.
(3) When the sexual favor is made a condition to the giving of a passing
grade, or the granting of honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges, or consideration; or
In the case of a work-related environment, the committee shall be

composed of at least one (1) representative each from the management,
the union, if any, the employees from the supervisory rank, and from the
rank and file employees.
(4) When the sexual advances result in an intimidating, hostile or

offensive environment for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of
sexual harassment as herein defined, or who cooperates in the
commission thereof by another without which it would not have
been committed, shall also be held liable under this Act.
In the case of the educational or training institution, the committee shall

be composed of at least one (1) representative from the administration,
the trainors, instructors, professors or coaches and students or trainees,
as the case may be.
Section 4. Duty of the Employer or Head of Office in a Work-related,

Education or Training Environment. - It shall be the duty of the
employer or the head of the work-related, educational or training
environment or institution, to prevent or deter the commission of acts of
sexual harassment and to provide the procedures for the resolution,
settlement or prosecution of acts of sexual harassment. Towards this
end, the employer or head of office shall:
The employer or head of office, educational or training institution shall

disseminate or post a copy of this Act for the information of all
concerned.
Section 5. Liability of the Employer, Head of Office, Educational or
Training Institution. - The employer or head of office, educational or
training institution shall be solidarily liable for damages arising from
the acts of sexual harassment committed in the employment, education
(a) Promulgate appropriate rules and regulations in consultation with

and joint1y approved by the employees or students or trainees, through
their duly designated representatives, prescribing the procedure for the
investigation of sexual harassment cases and the administrative
sanctions therefor.
or training environment if the employer or head of office, educational or

training institution is informed of such acts by the offended party and no
immediate action is taken.
Administrative sanctions shall not be a bar to prosecution in the proper

courts for unlawful acts of sexual harassment.
Section 6. Independent Action for Damages. - Nothing in this Act shall

preclude the victim of work, education or training-related sexual
harassment from instituting a separate and independent action for
damages and other affirmative relief.
The said rules and regulations issued pursuant to this subsection (a)
shall include, among others, guidelines on proper decorum in the
workplace and educational or training institutions.
Section 7. Penalties. - Any person who violates the provisions of this

HUMAN RIGHTS
Act shall, upon conviction, be penalized by imprisonment of not less

than one (1) month nor more than six (6) months, or a fine of not
less than Ten thousand pesos (P10,000) nor more than Twenty
thousand pesos (P20,000), or both such fine and imprisonment at
the discretion of the court.
Republic Act No. 6955
June 13, 1990
AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF

MATCHING FILIPINO WOMEN FOR MARRIAGE TO
FOREIGN NATIONALS ON A MAIL ORDER BASIS AND
OTHER
SIMILAR
PRACTICES,
INCLUDING
THE
ADVERTISEMENT,
PUBLICATION,
PRINTING
OR
DISTRIBUTION OF BROCHURES, FLIERS AND OTHER
PROPAGANDA MATERIALS IN FURTHERANCE THEREOF
AND PROVIDING PENALTY THEREFORE
Any action arising from the violation of the provisions of this Act shall
prescribe in three (3) years.
Section 8. Separability Clause. - If any portion or provision of this Act
is declared void or unconstitutional, the remaining portions or
provisions hereof shall not be affected by such declaration.
Section 9. Repealing Clause. - All laws, decrees, orders, rules and
regulations, other issuances, or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Philippines in Congress assembled::
Section 1. It is the policy of the State to ensure and guarantee the
enjoyment of the people of a decent standard of living. Towards this
end, the State shall take measures to protect Filipino women from
being exploited in utter disregard of human dignity in their pursuit
of economic upliftment.
Section 10. Effectivity Clause.- This Act shall take effect fifteen (15)
days after its complete publication in at least two (2) national
newspapers of general circulation.
Section 2. Pursuant thereto, it is hereby declared unlawful:

(a) For a person, natural or juridical, association, club or any other
entity to commit, directly or indirectly, any of the following acts:
(1) To establish or carry on a business which has for its purpose the
matching of Filipino women for marriage to foreign nationals either on
a mail-order basis or through personal introduction;
Republic of the Philippines

Congress of the Philippines
Metro Manila
(2) To advertise, publish, print or distribute or cause the advertisement,

publication, printing or distribution of any brochure, flier, or any
propaganda material calculated to promote the prohibited acts in the
preceding subparagraph;
Eighth Congress
HUMAN RIGHTS
(3) To solicit, enlist or in any manner attract or induce any Filipino

woman to become a member in any club or association whose objective
is to match women for marriage to foreign nationals either on a mailorder basis or through personal introduction for a fee;
Section 7. This Act shall take effect upon its publication for two (2)
consecutive weeks in a newspaper of general circulation.
Approved: June 13, 1990
(4) To use the postal service to promote the prohibited acts in

subparagraph 1 hereof.
(b) For the manager or officer-in-charge or advertising manager of any
newspaper, magazine, television or radio station, or other media, or of
an advertising agency, printing company or other similar entities, to
knowingly allow, or consent to, the acts prohibited in the preceding
paragraph.

Metro Manila
Fourteenth Congress
Second Regular Session
Section 3. In case of violation of this Act by an association, club,

partnership, corporation, or any other entity, the incumbent officers
thereof who have knowingly participated in the violation of this Act
shall be held liable.
Begun and held in Metro Manila, on Monday, the the twenty-eight day
of July, two thousand eight.
Section 4. Any person found guilty by the court to have violated any
of the acts herein prohibited shall suffer an imprisonment of not less
than six (6) years and one (1) day but not more than eight (8) years,
and a fine of not less than Eight thousand pesos (P8,000) but not
more than Twenty thousand pesos (P20,000): Provided, That if the
offender is a foreigner, he shall be immediately deported and barred
forever from entering the country after serving his sentence and
payment of fine.
AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

Philippines in Congress assembled::
Section 1. Short Title. - This Act shall be known as "The Magna Carta
of Women".
Section 5. Nothing in this Act shall be interpreted as a restriction on the

freedom of speech and of association for purposes not contrary to law as
guaranteed by the Constitution.
Section 2. Declaration of Policy. - Recognizing that the economic,

political, and sociocultural realities affect women's current condition,
the State affirms the role of women in nation building and ensures the
substantive equality of women and men. It shall promote empowerment
of women and pursue equal opportunities for women and men and
ensure equal access to resources and to development results and
outcome. Further, the State realizes that equality of men and women
Section 6. All laws, decrees, orders, instructions, rules and regulations,

or parts thereof inconsistent with this Act are hereby repealed or
modified accordingly.
HUMAN RIGHTS
August 14, 2009
entails the abolition of the unequal structures and practices that

perpetuate discrimination and inequality. To realize this, the State
shall endeavor to develop plans, policies, programs, measures, and
mechanisms to address discrimination and inequality in the economic,
political, social, and cultural life of women and men.
programs, projects, and services. It shall support policies, researches,

technology, and training programs and other support services such as
financing, production, and marketing to encourage active participation
of women in national development.
Section 3. Principles of Human Rights of Women. - Human rights are
universal and inalienable. All people in the world are entitled to them.
The universality of human rights is encompassed in the words of Article
1 of the Universal Declaration of Human Rights, which states that all
human beings are free and equal in dignity and rights.
The State condemns discrimination against women in all its forms

and pursues by all appropriate means and without delay the policy
of eliminating discrimination against women in keeping with the
Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) and other international instruments
consistent with Philippine law. The State shall accord women the
rights, protection, and opportunities available to every member of
society.
Human rights are indivisible. Human rights are inherent to the dignity of
every human being whether they relate to civil, cultural, economic,
political, or social issues.
The State affirms women's rights as human rights and shall intensify its
efforts to fulfill its duties under international and domestic law to
recognize, respect, protect, fulfill, and promote all human rights and
fundamental freedoms of women, especially marginalized women, in
the economic, social, political, cultural, and other fields without
distinction or discrimination on account of class, age, sex, gender,
language, ethnicity, religion, ideology, disability, education, and status.
The State shall provide the necessary mechanisms to enforce women's
rights and adopt and undertake all legal measures necessary to foster
and promote the equal opportunity for women to participate in and
contribute to the development of the political, economic, social, and
cultural realms.
Human rights are interdependent and interrelated. The fulfillment of one

right often depends, wholly or in part, upon the fulfillment of others.
All individuals are equal as human beings by virtue of the inherent
dignity of each human person. No one, therefore, should 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.
All people have the right to participate in and access information
relating to the decision- making processes that affect their lives and
well-being. Rights-based approaches require a high degree of
participation by communities, civil society, minorities, women, young
people, indigenous peoples, and other identified groups.
The State, in ensuring the full integration of women's concerns in the

mainstream of development, shall provide ample opportunities to
enhance and develop their skills, acquire productive employment and
contribute to their families and communities to the fullest of their
capabilities.
States and other duty-bearers are answerable for the observance of

human rights. They have to comply with the legal norms and standards
enshrined in international human rights instruments in accordance with
the Philippine Constitution. Where they fail to do so, aggrieved rightsholders are entitled to institute proceedings for appropriate redress
In pursuance of this policy, the State reaffirms the right of women in all
sectors to participate in policy formulation. planning, organization,
implementation, management, monitoring, and evaluation of all
HUMAN RIGHTS
before a competent court or other adjudicator in accordance with the

rules and procedures provided by law.
suffered the greater adverse effects of those measures or practices.

Provided, finally, That discrimination compounded by or intersecting
with other grounds, status, or condition, such as ethnicity, age, poverty,
or religion shall be considered discrimination against women under this
Act.
CHAPTER II
DEFINITION OF TERMS
Section 4. Definitions. - For purposes of this Act, the following terms
shall mean:
(c) "Marginalization" refers to a condition where a whole category of

people is excluded from useful and meaningful participation in political,
economic, social, and cultural life.
(a) "Women Empowerment" refers to the provision, availability, and

accessibility of opportunities, services, and observance of human rights
which enable women to actively participate and contribute to the
political, economic, social, and cultural development of the nation as
well as those which shall provide them equal access to ownership,
management, and control of production, and of material and
informational resources and benefits in the family, community, and
society.
(d) "Marginalized" refers to the basic, disadvantaged, or vulnerable

persons or groups who are mostly living in poverty and have little or no
access to land and other resources, basic social and economic services
such as health care, education, water and sanitation, employment and
livelihood opportunities, housing, social security, physical
infrastructure; and the justice system.
(b) "Discrimination Against Women" refers to any gender-based

distinction, exclusion, or restriction which has the effect or purpose of
impairing or nullifying the recognition, enjoyment, or exercise by
women, irrespective of their marital status, on a basis of equality of men
and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil, or any other field.
These include, but are not limited to, women in the following sectors
and groups:
(1) "Small Farmers and Rural Workers" refers to those who are
engaged directly or indirectly in small farms and forest areas, workers in
commercial farms and plantations, whether paid or unpaid, regular or
season-bound. These shall include. but are not limited to, (a) small
farmers who own or are still amortizing for lands that is not more
than three (3) hectares, tenants, leaseholders, and stewards; and (b)
rural workers who are either wage earners, self-employed, unpaid
family workers directly and personally engaged in agriculture,
small-scale mining, handicrafts, and other related farm and offfarm activities;
It includes any act or omission, including by law; policy, administrative

measure, or practice, that directly or indirectly excludes or restricts
women in the recognition and promotion of their rights and their access
to and enjoyment of opportunities, benefits, or privileges.
A measure or practice of general application is discrimination against
women if it fails to provide for mechanisms to offset or address sex or
gender-based disadvantages or limitations of women, as a result of
which women are denied or restricted in the recognition and protection
of their rights and in their access to and enjoyment of opportunities,
benefits, or privileges; or women, more than men, are shown to have
HUMAN RIGHTS
(2) "Fisherfolk" refers to those directly or indirectly engaged in taking,

culturing, or processing fishery or aquatic resources. These include, but
are not to be limited to, women engaged in fishing in municipal waters,
coastal and marine areas, women workers in commercial fishing and
6
aquaculture, vendors and processors of fish and coastal products, and

subsistence producers such as shell-gatherers, managers, and producers
of mangrove resources, and other related producers:
and culture, became historically differentiated from the majority of

Filipinos. They shall likewise include peoples who are regarded as
indigenous on account of their descent from the populations which
inhabited the country, at the dime of conquest or colonization, or at the
time of inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all of their
own social, economic, cultural, and political institutions, but who may
have been displaced from their traditional domains or who may have
resettled outside their ancestral domains as defined under Section 3(h),
Chapter II of Republic Act No. 8371, otherwise known as "The
Indigenous Peoples Rights Act of 1997" (IPRA of 1997);
(3) "Urban Poor" refers to those residing in urban and urbanizable

slum or blighted areas, with or without the benefit of security of abode,
where the income of the head of the family cannot afford in a sustained
manner to provide for the family's basic needs of food, health,
education, housing, and other essentials in life;
(4) "Workers in the Formal Economy" refers to those who are
employed by any person acting directly or indirectly in the interest of an
employer in relation to an employee and shall include the government
and all its branches, subdivisions, and instrumentalities, all governmentowned and -controlled corporations and institutions, as well as nonprofit
private institutions or organizations;
(8) "Moro" refers to native peoples who have historically inhabited

Mindanao, Palawan, and Sulu, and who are largely of the Islamic faith;
(9) "Children" refers to those who are below eighteen (18) years of age
or over but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation, or discrimination
because of a physical or mental disability or condition;
(5) "Workers in the Informal Economy" refers to self-employed,

occasionally or personally hired, subcontracted, paid and unpaid family
workers in household incorporated and unincorporated enterprises,
including home workers, micro-entrepreneurs and producers, and
operators of sari-sari stores and all other categories who suffer from
violation of workers' rights:
(10) "Senior Citizens" refers to those sixty (60) years of age and
above;
(11) "Persons with Disabilities" refers to those who are suffering from
restriction or different abilities, as a result of a mental, physical, or
sensory impairment to perform an activity in the manner or within the
range considered normal for a human being; and
(6) "Migrant Workers" refers to Filipinos who are to be engaged, are

engaged, or have been engaged in a remunerated activity in a State of
which they are not legal residents, whether documented or
undocumented;
(12) "Solo Parents" refers to those who fall under the category of a
solo parent defined under Republic Act No. 8972, otherwise known as
the "Solo Parents Welfare Act of 2000".
(7) "Indigenous Peoples" refers to a group of people or homogenous

societies identified by self-ascription and ascription by other, who have
continuously lived as organized community on communally bounded
and defined territory, and who have, under claims of ownership since
time immemorial, occupied; possessed customs, tradition, and other
distinctive cultural traits, or who have, through resistance to political,
social, and cultural inroads of colonization, non- indigenous religions
HUMAN RIGHTS
(e) "Substantive Equality" refers to the full and equal enjoyment of

rights and freedoms contemplated under this Act. It encompasses de
jure and de facto equality and also equality in outcomes.
7
(f) "Gender Equality" refers to the principle asserting the equality of

men and women and their right to enjoy equal conditions realizing their
full human potentials to contribute to and benefit from the results of
development, and with the State recognizing that all human beings are
free and equal in dignity and rights.
(j) "Temporary Special Measures" refers to a variety of legislative,

executive, administrative, and regulatory instruments, policies, and
practices aimed at accelerating this de facto equality of women in
specific areas. These measures shall not be considered discriminatory
but shall in no way entail as a consequence the maintenance of unequal
or separate standards. They shall be discontinued when their objectives
have been achieved.
(g) "Gender Equity" refers to the policies, instruments, programs,

services, and actions that address the disadvantaged position of women
in society by providing preferential treatment and affirmative action.
Such temporary special measures aimed at accelerating de facto equality
between men and women shall not be considered discriminatory but
shall in no way entail as a consequence the maintenance of unequal or
separate standards. These measures shall be discontinued when the
objectives of equality of opportunity and treatment have been achieved.
(k) "Violence Against Women" refers to any act of gender-based

violence that results in, or is likely to result in, physical, sexual, or
psychological harm or suffering to women, including threats of such
acts, coercion, or arbitrary deprivation of liberty, whether occurring in
public or in private life. It shall be understood to encompass, but not
limited to, the following:
(h) "Gender and Development (GAD)" refers to the development

perspective and process that are participatory and empowering,
equitable, sustainable, free from violence, respectful of human rights,
supportive of self-determination and actualization of human potentials.
It seeks to achieve gender equality as a fundamental value that should
be reflected in development choices; seeks to transform society's social,
economic, and political structures and questions the validity of the
gender roles they ascribed to women and men; contends that women are
active agents of development and not just passive recipients of
development assistance; and stresses the need of women to organize
themselves and participate in political processes to strengthen their legal
rights.
(1) Physical, sexual, psychological, and economic violence occurring in

the family, including battering, sexual abuse of female children in the
household, dowry-related violence, marital rape, and other traditional
practices harmful to women, non-spousal violence, and violence related
to exploitation;
(2) Physical, sexual, and psychological violence occurring within the
general community, including rape, sexual abuse, sexual harassment,
and intimidation at work, in educational institutions and elsewhere,
trafficking in women, and prostitution; and
(3) Physical, sexual, and psychological violence perpetrated or
condoned by the State, wherever it occurs.
(i) "Gender Mainstreaming" refers to the strategy for making

women's as well as men's concerns and experiences an integral
dimension of the design, implementation, monitoring, and evaluation of
policies and programs in all political, economic, and societal spheres so
that women and men benefit equally and inequality is not perpetuated. It
is the process of assessing the implications for women and men of any
planned action, including legislation, policies, or programs in all areas
and at all levels.
HUMAN RIGHTS
It also includes acts of violence against women as defused in Republic

Acts No. 9208 and 9262.
(l) "Women in the Military" refers to women employed in the
military, both in the major and technical services, who are performing
combat and/or noncombat functions, providing security to the State, and
protecting the people from various forms of threat. It also includes
8
women trainees in all military training institutions.
laws, policies, or other measures to effectively stop discrimination

against and advance the rights of women.
(m) "Social Protection" refers to policies and programs that seek to

reduce poverty and vulnerability to risks and enhance the social status
and rights of all women, especially the marginalized by promoting and
protecting livelihood and employment, protecting against hazards and
sudden loss of income, and improving people's capacity to manage risk.
Its components are labor market programs, social insurance, social
welfare, and social safety nets.
The State shall keep abreast with and be guided by progressive

developments in human rights of women under international law and
design of policies, laws, and other measures to promote the objectives
of this Act.
Section 6. Duties of the State Agencies and Instrumentalities. - These
duties of the State shall extend to all state agencies, offices, and
instrumentalities at all levels and government-owned and -controlled
corporations, subject to the Constitution and pertinent laws, policies, or
administrative guidelines that define specific duties of state agencies
and entities concerned.
CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN
The State, private sector, society in general, and all individuals shall
contribute to the recognition, respect, and promotion of the rights of
women defined and guaranteed under this Act.
Section 5. The State as the Primary Duty-Bearer. - The State, as the
primary duty-bearer, shall:
Section 7. Suppletory Effect. - This chapter shall be deemed integrated

into and be suppletory to other provisions of this Act, particularly those
that guarantee specific rights to women and define specific roles and
require specific conduct of state organs.
(a) Refrain from discriminating against women and violating their

rights;
CHAPTER IV
RIGHTS AND EMPOWERMENT
(b) Protect women against discrimination and from violation of

their rights by private corporations, entities, and individuals; and
Section 8. Human Rights of Women. - All rights in the Constitution

and those rights recognized under international instruments duly signed
and ratified by the Philippines, in consonance with Philippine law, shall
be rights of women under this Act to be enjoyed without discrimination.
(c) Promote and fulfill the rights of women in all spheres, including
their rights to substantive equality and non-discrimination.
The State shall fulfill these duties through law, policy, regulatory
instruments, administrative guidelines, and other appropriate
measures, including temporary special measures.
Section 9. Protection from Violence. - The State shall ensure that all
women shall be protected from all forms of violence as provided for in
existing laws. Agencies of government shall give priority to the defense
and protection of women against gender-based offenses and help
women attain justice and healing.
Recognizing the interrelation of the human rights of women, the State

shall take measures and establish mechanisms to promote the coherent
and integrated implementation, and enforcement of this Act and related
Towards this end, measures to prosecute and reform offenders shall

likewise be pursued.
HUMAN RIGHTS
(a) Within the next five (5) years, there shall be an incremental increase
in the recruitment and training of women in the police force, forensics
and medico-legal, legal services, and social work services availed of by
women who are victims of gender-related offenses until fifty percent
(50%) of the personnel thereof shall be women.
Section 11. Participation and Representation. - The State shall

undertake temporary special measures to accelerate the participation and
equitable representation of women in all spheres of society particularly
in the decision-making and policy-making processes in government and
private entities to fully realize their role as agents and beneficiaries of
development.
(b) Women shall have the right to protection and security in situations of
armed conflict and militarization. Towards this end, they shall be
protected from all forms of gender-based violence, particularly rape and
other forms of sexual abuse, and all forms of violence in situations of
armed conflict. The State shall observe international standards for the
protection of civilian population in circumstances of emergency and
armed conflict. It shall not force women, especially indigenous peoples,
to abandon their lands, territories, and means of subsistence, or relocate
them in special centers for military purposes under any discriminatory
condition.
The State shall institute the following affirmative action mechanisms so

that women can participate meaningfully in the formulation,
implementation, and evaluation of policies, plans, and programs for
national, regional, and local development:
(a) Empowerment within the Civil Service. - Within the next five (5)
years, the number of women in third (3rd) level positions in government
shall be incrementally increased to achieve a fifty-fifty (50-50) gender
balance;
(c) All government personnel involved in the protection and defense of

women against gender-based violence shall undergo a mandatory
training on human rights and gender sensitivity pursuant to this Act.
(b) Development Councils and Planning Bodies. - To ensure the

participation of women in all levels of development planning and
program implementation, at least forty percent (40%) of membership of
all development councils from the regional, provincial, city, municipal
and barangay levels shall be composed of women;
(d) All local government units shall establish a Violence Against

Women's Desk in every barangay to ensure that violence against women
cases are fully addressed in a gender-responsive manner.
(c) Other Policy and Decision-Making Bodies. - Women's groups shall

also be represented in international, national, and local special and
decision-making bodies;
Section 10. Women Affected by Disasters, Calamities, and Other

Crisis Situations. - Women have the right to protection and security in
times of disasters, calamities, and other crisis situations especially in all
phases of relief, recovery, rehabilitation, and construction efforts. The
State shall provide for immediate humanitarian assistance, allocation of
resources, and early resettlement, if necessary. It shall also address the
particular needs of women from a gender perspective to ensure their full
protection from sexual exploitation and other sexual and gender- based
violence committed against them. Responses to disaster situations shall
include the provision of services, such as psychosocial support,
livelihood support, education, psychological health, and comprehensive
health services, including protection during pregnancy.
HUMAN RIGHTS
(d) International Bodies. - The State shall take all appropriate measures
to ensure the opportunity of women, on equal terms with men and
without any discrimination, to represent their governments at the
international level and to participate in the work of international
organizations;
(e) Integration of Women in Political Parties. - The State shall provide
incentives to political parties with women's agenda. It shall likewise
encourage the integration of women in their leadership hierarchy,
10
internal policy-making structures, appointive, and electoral nominating

processes; and
similar factors.
For this purpose, all sports-related organizations shall create guidelines
that will establish and integrate affirmative action as a strategy and
gender equality as a framework in planning and implementing their
policies, budgets, programs, and activities relating to the participation of
women and girls in sports.
(f) Private Sector. - The State shall take measures to encourage women
leadership in the private sector in the form of incentives.
Section 12. Equal Treatment Before the Law. - The State shall take
steps to review and, when necessary, amend and/or repeal existing laws
that are discriminatory to women within three (3) years from the
effectivity of this Act.
The State will also provide material and nonmaterial incentives to local
government units, media organizations, and the private sector for
promoting, training, and preparing women and girls for participation in
competitive and noncompetitive sports, especially in local and
international events, including, but not limited to, the Palarong
Pambansa, Southeast Asian Games, Asian Games, and the Olympics.
Section 13. Equal Access and Elimination of Discrimination in

Education, Scholarships, and Training. - (a) The State shall ensure that
gender stereotypes and images in educational materials and curricula are
adequately and appropriately revised. Gender-sensitive language shall
be used at all times. Capacity-building on gender and development
(GAD), peace and human rights, education for teachers, and all those
involved in the education sector shall be pursued toward this end.
Partnerships between and among players of the education sector,
including the private sector, churches, and faith groups shall be
encouraged.
No sports event or tournament will offer or award a different sports

prize, with respect to its amount or value, to women and men winners in
the same sports category: Provided, That the said tournament, contest,
race, match, event, or game is open to both sexes: Provided, further,
That the sports event or tournament is divided into male or female
divisions.
(b) Enrollment of women in nontraditional skills training in vocational

and tertiary levels shall be encouraged.
The State shall also ensure the safety and well-being of all women and
girls participating in sports, especially, but not limited to, trainees,
reserve members, members, coaches, and mentors of national sports
teams, whether in studying, training, or performance phases, by
providing them comprehensive health and medical insurance coverage,
as well as integrated medical, nutritional, and healthcare services.
(c) Expulsion and non-readmission of women faculty due to pregnant;outside of marriage shall be outlawed. No school shall turn out or refuse
admission to a female student solely on the account of her having
contracted pregnancy outside of marriage during her term in school.
Schools, colleges, universities, or any other learning institution shall

take into account its total women student population in granting athletic
scholarship. There shall be a pro rata representation of women in the
athletic scholarship program based on the percentage of women in the
whole student population.
Section 14. Women in Sports. - The State shall develop, establish, and
strengthen programs for the participation of women and girl-children in
competitive and noncompetitive sports as a means to achieve
excellence, promote physical and social well-being, eliminate genderrole stereotyping, and provide equal access to the full benefits of
development for all persons regardless of sex, gender identity, and other
HUMAN RIGHTS
Section 15. Women in the Military. - The State shall pursue appropriate
11
measures to eliminate discrimination of women in the military, police,

and other similar services, including revising or abolishing policies and
practices that restrict women from availing of both combat and
noncombat training that are open to men, or from taking on functions
other than administrative tasks, such as engaging in combat, securityrelated, or field operations. Women in the military shall be accorded the
same promotional privileges and opportunities as men, including pay
increases, additional remunerations and benefits, and awards based on
their competency and quality of performance. Towards this end, the
State shall ensure that the personal dignity of women shall always be
respected.
and communication, as well as the national media federations and

associations, shall require all media organizations and corporations to
integrate into their human resource development components regular
training on gender equality and gender-based discrimination, create and
use gender equality guidelines in all aspects of management, training,
production, information, dissemination, communication, and
programming; and convene a gender equality committee that will
promote gender mainstreaming as a framework and affirmative action as
a strategy, and monitor and evaluate the implementation of gender
equality guidelines.
Section 17. Women's Right to Health. - (a) Comprehensive Health
Services. - The State shall, at all times, provide for a comprehensive,
culture-sensitive, and gender-responsive health services and programs
covering all stages of a woman's life cycle and which addresses the
major causes of women's mortality and morbidity:Provided, That in the
provision for comprehensive health services, due respect shall be
accorded to women's religious convictions, the rights of the spouses to
found a family in accordance with their religious convictions, and the
demands of responsible parenthood, and the right of women to
protection from hazardous drugs, devices, interventions, and substances.
Women in the military, police, and other similar services shall be

provided with the same right to employment as men on equal
conditions. Equally, they shall be accorded the same capacity as men to
act in and enter into contracts, including marriage.
Further, women in the military, police; and other similar services shall
be entitled to leave benefits such as maternity leave, as provided for by
existing laws.
Section 16. Nondiscriminatory and Nonderogatory Portrayal of
Women in Media and Film. - The State shall formulate policies and
programs for the advancement of women in collaboration with
government and nongovernment media-related organizations. It shall
likewise endeavor to raise the consciousness of the general public in
recognizing the dignity of women and the role and contribution of
women in the family; community, and the society through the strategic
use of mass media.
Access to the following services shall be ensured:

(1) Maternal care to include pre- and post-natal services to address
pregnancy and infant health and nutrition;
(2) Promotion of breastfeeding;
(3) Responsible, ethical, legal, safe, and effective methods of family
planning;
For this purpose, the State shall ensure allocation of space; airtime, and
resources, strengthen programming, production, and image-making that
appropriately present women's needs, issues, and concerns in all forms
of media, communication, information dissemination, and advertising.
(4) Family and State collaboration in youth sexuality education and

health services without prejudice to the primary right and duty of
parents to educate their children;
The State, in cooperation with all schools of journalism, information,

HUMAN RIGHTS
12
(5) Prevention and management of reproductive tract infections,

including sexually transmitted diseases, HIV, and AIDS;
(2) The formation of a person's sexuality that affirms human dignity;

and
(6) Prevention and management of reproductive tract cancers like breast

and cervical cancers, and other gynecological conditions and disorders;
(3) Ethical, legal, safe, and effective family planning methods including
fertility awareness.
(7) Prevention of abortion and management of pregnancy-related

complications;
Section 18. Special Leave Benefits for Women. - A woman employee

having rendered continuous aggregate employment service of at least
six (6) months for the last twelve (12) months shall be entitled to a
special leave benefit of two (2) months with full pay based on her gross
monthly compensation following surgery caused by gynecological
disorders.
(8) In cases of violence against women and children, women and

children victims and survivors shall be provided with comprehensive
health services that include psychosocial, therapeutic, medical, and legal
interventions and assistance towards healing, recovery, and
empowerment;
Section 19. Equal Rights in All Matters Relating to Marriage and

Family Relations. - The State shall take all appropriate measures to
eliminate discrimination against women in all matters relating to
marriage and family relations and shall ensure:
(9) Prevention and management of infertility and sexual dysfunction

pursuant to ethical norms and medical standards;
(a) the same rights to enter into and leave marriages or common law
relationships referred to under the Family Code without prejudice to
personal or religious beliefs;
(10) Care of the elderly women beyond their child-bearing years; and
(11) Management, treatment, and intervention of mental health
problems of women and girls. In addition, healthy lifestyle activities are
encouraged and promoted through programs and projects as strategies in
the prevention of diseases.
(b) the same rights to choose freely a spouse and to enter into marriage
only with their free and full consent. The betrothal and the marriage of a
child shall have no legal effect;
(b) Comprehensive Health Information and Education. - The State shall

provide women in all sectors with appropriate, timely, complete, and
accurate information and education on all the above-stated aspects of
women's health in government education and training programs, with
due regard to the following:
(c) the joint decision on the number and spacing of their children and to
have access to the information, education and means to enable them to
exercise these rights;
(d) the same personal rights between spouses or common law spouses
including the right to choose freely a profession and an occupation;
(1) The natural and primary right and duty of parents in the rearing of
the youth and the development of moral character and the right of
children to be brought up in an atmosphere of morality and rectitude for
the enrichment and strengthening of character;
HUMAN RIGHTS
(e) the same rights for both spouses or common law spouses in respect
of the ownership, acquisition, management, administration, enjoyment,
and disposition of property;
13
(f) the same rights to properties and resources, whether titled or not, and
inheritance, whether formal or customary; and
specific needs of poor girl-children and marginalized women, especially

pregnant and lactating mothers and their young children. To further
address this, the State shall ensure:
(g) women shall have equal rights with men to acquire, change, or retain
their nationality. The State shall ensure in particular that neither
marriage to an alien nor change of nationality by the husband during
marriage shall automatically change the nationality of the wife, render
her stateless or force upon her the nationality of the husband. Various
statutes of other countries concerning dual citizenship that may be
enjoyed equally by women and men shall likewise be considered.
(a) Right to Food. - The State shall guarantee the availability of food in
quantity and quality sufficient to satisfy the dietary needs of individuals,
the physical and economic accessibility for everyone to adequate food
that is culturally acceptable and free from unsafe substances and
culturally accepted, and the accurate and substantial information to the
availability of food, including the right to full, accurate, and truthful
information about safe and health-giving foods and how to produce and
have regular and easy access to them;
Customary laws shall be respected: Provided, however, That they do not

discriminate against women.
(b) Right to Resources for Food Production. - The State shall

guarantee women a vital role in food production by giving priority to
their rights to land, credit, and infrastructure support, technical training,
and technological and marketing assistance. The State shall promote
women-friendly technology as a high priority activity in agriculture and
shall promote the right to adequate food by proactively engaging in
activities intended to strengthen access to, utilization of, and receipt of
accurate and substantial information on resources and means to ensure
women's livelihood, including food security:
CHAPTER V
RIGHTS AND EMPOWERMENT OF MARGINALIZED
SECTORS
Women in marginalized sectors are hereby guaranteed all civil, political,
social, and economic rights recognized, promoted, and protected under
existing laws including, but not limited to, the Indigenous Peoples
Rights Act, the Urban Development and Housing Act, the
Comprehensive Agrarian Reform Law, the Fisheries Code, the Labor
Code, the Migrant Workers Act, the Solo Parents Welfare Act, and the
Social Reform and Poverty Alleviation Act.
(1) Equal status shall be given to women and men, whether married or
not, in the titling of the land and issuance of stewardship contracts and
patents;
(2) Equal treatment shall be given to women and men beneficiaries of
the agrarian reform program, wherein the vested right of a woman
agrarian reform beneficiary is defined by a woman's relationship to
tillage, i.e., her direct and indirect contribution to the development of
the land;
Section 20. Food Security and Productive Resources. - The State

recognizes the contribution of women to food production and shall
ensure its sustainability and sufficiency with the active participation of
women. Towards this end, the State shall guarantee, at all times, the
availability in the market of safe and health-giving food to satisfy the
dietary needs of the population, giving particular attention to the
HUMAN RIGHTS
(3) Customary rights of women to the land, including access to and

control of the fruits and benefits, shall be recognized in circumstances
where private ownership is not possible, such as ancestral domain
14
claims:
organizations to ensure wider access to and control of the means of

production;
(4) Information and assistance in claiming rights to the land shall be

made available to women at all times;
(13) Provide opportunities for empowering women fishers to be

involved in the control and management, not only of the catch and
production of aquamarine resources but also, to engage in
entrepreneurial activities which will add value to production and
marketing ventures; and
(5) Equal rights to women to the enjoyment, use, and management of

land, water, and other natural resources within their communities or
ancestral domains;
(14) Provide economic opportunities for the indigenous women.

particularly access to market for their produce.
(6) Equal access to the use and management of fisheries and aquatic
resources, and all the rights and benefits accruing to stakeholders in the
fishing industry;
In the enforcement of the foregoing, the requirements of law shall be

observed at all times.
(7) Equal status shall be given to women and men in the issuance of
stewardship or lease agreements and other fishery rights that may be
granted for the use and management of coastal and aquatic resources. In
the same manner, women's organizations shall be given equal treatment
as with other marginalized fishers organizations in the issuance of
stewardship or lease agreements or other fishery rights for the use and
management of such coastal and aquatic resources which may include
providing support to women-engaged coastal resources;
Section 21. Right to Housing. - The State shall develop housing

programs for women that are localized, simple, accessible, with potable
water, and electricity, secure, with viable employment opportunities and
affordable amortization. In this regard, the State shall consult women
and involve them in community planning and development, especially
in matters pertaining to land use, zoning, and relocation.
(8) There shall be no discrimination against women in the deputization

of fish wardens;
Section 22. Right to Decent Work. - The State shall progressively

realize and ensure decent work standards for women that involve the
creation of jobs of acceptable quality in conditions of freedom, equity,
security, and human dignity.
(9) Women-friendly and sustainable agriculture technology shall be

designed based on accessibility and viability in consultation with
women's organizations;
(a) Decent work involves opportunities for work that are productive and
fairly remunerative as family living wage, security in the workplace,
and social protection for families, better prospects for personal
development and social integration, freedom for people to express their
concerns organize, participate in the decisions that affect their lives, and
equality of opportunity and treatment for all women and men.
(10) Access to small farmer-based and controlled seeds production and

distribution shall be ensured and protected;
(11) Indigenous practices of women in seed storage and cultivation shall
be recognized, encouraged, and protected;
(b) The State shall further ensure:
(12) Equal rights shall be given to women to be members of farmers'

HUMAN RIGHTS
15
(1) Support services and gears to protect them from occupational and
health hazards taking into account women's maternal functions;
Section 24. Right to Education and Training. - The State shall ensure
the following:
(2) Support services that will enable women to balance their family
obligations and work responsibilities including, but not limited to, the
establishment of day care centers and breast-feeding stations at the
workplace, and providing maternity leave pursuant to the Labor Code
and other pertinent laws;
(a) Women migrant workers have the opportunity to undergo skills

training, if they so desire, before taking on a foreign job, and possible
retraining upon return to the country:
(3) Membership in unions regardless of status of employment and place

of employment; and
(c) Equal opportunities in scholarships based on merit and fitness,

especially to those interested in research and development aimed
towards women-friendly farm technology.
(b) Gender-sensitive training and seminars; and
(4) Respect for the observance of indigenous peoples' cultural practices

even in the workplace.
Section 25. Right to Representation and Participation. - The State

shall ensure women's participation in policy-making or decision-making
bodies in the regional, national, and international levels. It shall also
ensure the participation of grassroots women leaders in decision and
policy-making bodies in their respective sectors including, but not
limited to, the Presidential Agrarian Reform Council (PARC) and its
local counterparts; community-based resource management bodies or
mechanisms on forest management and stewardship; the National
Fisheries and Aquatic Resources Management Council (NFARMC) and
its local counterparts; the National Commission on Indigenous Peoples;
the Presidential Commission for the Urban Poor; the National AntiPoverty Commission; and, where applicable, the local housing boards.
(c) In recognition of the temporary nature of overseas work, the State

shall exert all efforts to address the causes of out-migration by
developing local employment and other economic opportunities for
women and by introducing measures to curb violence and forced and
involuntary displacement of local women. The State shall ensure the
protection and promotion of the rights and welfare of migrant women
regardless of their work status, and protect them against discrimination
in wages, conditions of work, and employment opportunities in host
countries.
Section 23. Right to Livelihood, Credit, Capital, and Technology. - The
State shall ensure that women are provided with the following:
(a) Equal access to formal sources of credit and capital;
Section 26. Right to Information. - Access to information regarding

policies on women, including programs, projects, and funding outlays
that affect them, shall be ensured.
(b) Equal share to the produce of farms and aquatic resources; and
Section 27. Social Protection. -
(c) Employment opportunities for returning women migrant workers

taking into account their skills and qualifications. Corollarily, the State
shall also promote skills and entrepreneurship development of returning
women migrant workers.
(a) The Social Security System (SSS) and the Philippine Health
Insurance Corporation (PhilHealth) shall support indigenous and
community-based social protection schemes.
HUMAN RIGHTS
16
(b) The State shall institute policies and programs that seek to reduce
the poverty and vulnerability to risks and enhance the social status and
rights of the marginalized women by promoting and protecting
livelihood and employment, protecting against hazards and sudden; loss
of income, and improving people's capacity to manage risks.
(b) Ensure the development and inclusion of women's welfare and

concerns in the peace agenda in the overall peace strategy and women's
participation in the planning, implementation, monitoring, and
evaluation of rehabilitation and rebuilding of conflict-affected areas;
(c) The institution of measures to ensure the protection of civilians in
conflict-affected communities with special consideration for the specific
needs of women and girls:
(c) The State shall endeavor to reduce and eventually eliminate transfer
costs of remittances from abroad through appropriate bilateral and
multilateral agreements. It shall likewise provide access to investment
opportunities for remittances in line with national development efforts.
(d) Include the peace perspective in the education curriculum and other
educational undertakings; and
(d) The State shall establish a health insurance program for senior
citizens and indigents.
(e) The recognition and support for women's role in conflict-prevention,

management, resolution and peacemaking, and in indigenous systems of
conflict resolution.
(e) The State shall support women with disabilities on a communitybased social protection scheme.
Section 30. Women in Especially Difficult Circumstances. - For

purposes of this Act, "Women in Especially Difficult Circumstances"
(WEDC) shall refer to victims and survivors of sexual and physical
abuse, illegal recruitment, prostitution, trafficking, armed conflict,
women in detention, victims and survivors of rape and incest, and such
other related circumstances which have incapacitated them functionally.
Local government units are therefore mandated to deliver the necessary
services and interventions to WEDC under their respective jurisdictions.
Section 28. Recognition and Preservation of Cultural Identity and

Integrity. - The State shall recognize and respect the rights of Moro and
indigenous women to practice, promote, protect, and preserve their own
culture, traditions, and institutions and to consider these rights in the
formulation and implementation of national policies and programs. To
this end, the State shall adopt measures in consultation with the sectors
concerned to protect their rights to their indigenous knowledge systems
and practices, traditional livelihood, and other manifestations of their
cultures and ways of life: Provided, That these cultural systems and
practices are not discriminatory to women.
Section 31. Services and Interventions. - WEDC shall be provided with

services and interventions as necessary such as, but not limited to, the
following:
Section 29. Peace and Development. - The peace process shall be

pursued with the following considerations:
(a) Temporary and protective custody;
(a) Increase the number of women participating in discussions and

decision-making in the peace process, including membership in peace
panels recognizing women's role in conflict- prevention and peacemaking and in indigenous system of conflict resolution;
(b) Medical and dental services;

(c) Psychological evaluation;
(d) Counseling;
HUMAN RIGHTS
17
(e) Psychiatric evaluation;
abuse, exploitation, and discrimination. Towards this end, the State shall
ensure special protective mechanisms and support services against
violence, sexual abuse, exploitation, and discrimination of older women.
(f) Legal services;
Section 34. Women are entitled to the recognition and protection of

their rights defined and guaranteed under this Act including their right
to nondiscrimination.
(g) Productivity skills capability building;

(h) Livelihood assistance;
Section 35. Discrimination Against Women is Prohibited. - Public and

private entities and individuals found to have committed discrimination
against women shall be subject to the sanctions provided in Section 41
hereof. Violations of other rights of women shall be subject to sanctions
under pertinent laws and regulations.
(i) Job placement;

(j) Financial assistance: and
(k) Transportation assistance.
CHAPTER VI
INSTITUTIONAL MECHANISMS
Section 32. Protection of Girl-Children. - (a) The State shall pursue

measures to eliminate all forms of discrimination against girl-children in
education, health and nutrition, and skills development.
Section 36. Gender Mainstreaming as a Strategy for Implementing

the Magna Carta of Women. - Within a period prescribed in the
implementing rules and regulations, the National Commission on the
Role of Filipino Women (NCRFW) shall assess its gender
mainstreaming program for consistency with the standards under this
Act. It shall modify the program accordingly to ensure that it will be an
effective strategy for implementing this Act and attaining its objectives.
(b) Girl-children shall be protected from all forms of abuse and

exploitation.
(c) Equal access of Moro and indigenous girl-children in the Madaris,
schools of living culture and traditions, and the regular schools shall be
ensured.
All departments, including their attached agencies, offices, bureaus,

state universities and colleges, government-owned and -controlled
corporations, local government units, and other government
instrumentalities shall adopt gender mainstreaming as a strategy to
promote women's human rights and eliminate gender discrimination in
their systems, structures, policies, programs, processes, and procedures
which shall include, but not limited to, the following:
(d) Gender-sensitive curriculum, including legal literacy, books, and

curriculum in the Madaris and schools of living culture and traditions
shall be developed.
(e) Sensitivity of regular schools to particular Moro and indigenous
practices, such as fasting in the month of Ramadan, choice of clothing
(including the wearing of hijab), and availability of halal food shall be
ensured.
(a) Planning, budgeting, monitoring and evaluation for GAD. GAD

programs addressing gender issues and concerns shall be designed and
implemented based on the mandate of government agencies and local
Section 33. Protection of Senior Citizens. - The State shall protect

women senior citizens from neglect, abandonment, domestic violence,
HUMAN RIGHTS
18
government units, Republic Act No. 7192, gender equality agenda of the
government and other GAD-related legislation, policies, and
commitments. The development of GAD programs shall proceed from
the conduct of a gender audit of the agency or the local government unit
and a gender analysis of its policies, programs, services and the
situation of its clientele; the generation and review of sex-disaggregated
data; and consultation with gender/women's rights advocates and
agency/women clientele. The cost of implementing GAD programs shall
be the agency's or the local government unit's GAD budget which shall
be at least five percent (5%) of the agency's or the local government
unit's total budget appropriations.
women's empowerment and gender equality agenda of the government.

The GAD Code shall also serve as basis for identifying programs,
activities, and projects on GAD.
Where needed, temporary gender equity measures shall be provided for
in the plans of all departments, including their attached agencies,
offices, bureaus, state universities and colleges, government-owned and
-controlled corporations, local government units, and other government
instrumentalities.
To move towards a more sustainable, gender-responsive, and
performance-based planning and budgeting, gender issues and concerns
shall be integrated in, among others, the following plans:
Pursuant to Republic Act No. 7192, otherwise known as the Women in

Development and Nation Building Act, which allocates five percent
(5%) to thirty percent (30%) of overseas development assistance to
GAD, government agencies receiving official development assistance
should ensure the allocation and proper utilization of such funds to
gender-responsive programs that complement the government GAD
funds and annually report accomplishments thereof to the National
Economic and Development Authority (NEDA) and the Philippine
Commission on Women (PCW).
(1) Macro socioeconomic plans such as the Medium-Term Philippine

Development Plan and Medium-Term Philippine Investment Plan;
(2) Annual plans of all departments, including their attached agencies,
offices, bureaus, state universities and colleges, and government-owned
and -controlled corporations; and
(3) Local plans and agenda such as executive-legislative agenda,
comprehensive development plan (CDP), comprehensive land use plan
(CLUP), provincial development and physical framework plan
(PDPFP), and annual investment plan.
The utilization and outcome of the GAD budget shall be annually

monitored and evaluated in terms of its success in influencing the
gender-responsive implementation of agency programs funded by the
remaining ninety-five percent (95%) budget.
The Commission on Audit (COA) shall conduct an annual audit on the
use of the GAD budget for the purpose of determining its judicious use
and the efficiency, and effectiveness of interventions in addressing
gender issues towards the realization of the objectives of the country's
commitments, plans, and policies on women empowerment, gender
equality, and GAD.
(b) Creation and/or Strengthening of the GAD Focal Points (GFP). All
departments, including their attached agencies, offices, bureaus, state
universities and colleges, government- owned and -controlled
corporations, local government units, and other government
instrumentalities shall establish or strengthen their GAD Focal Point
System or similar GAD mechanism to catalyze and accelerate gender
mainstreaming within the agency or local government unit.
Local government units are also encouraged to develop and pass a GAD
Code based on the gender issues and concerns in their respective
localities based on consultation with their women constituents and the
The GAD Focal Point System shall be composed of the agency head or
local chief executive, an executive committee with an Undersecretary
HUMAN RIGHTS
19
(or its equivalent), local government unit official, or office in a strategic

decision-making position as Chair; and a technical working group or
secretariat which is composed of representatives from various divisions
or offices within the agency or local government unit.
capacitated on the effective implementation of this Act. The chairperson

shall likewise report to the President in Cabinet meetings on the
implementation of this Act.
To the extent possible, the PCW shall influence the systems, processes,
and procedures of the executive, legislative, and judicial branches of
government vis-a-vis GAD to ensure the implementation of this Act.
The tasks and functions of the members of the GFP shall form part of
their regular key result areas and shall be given due consideration in
their performance evaluation.
To effectively and efficiently undertake and accomplish its functions,

the PCW shall revise its structure and staffing pattern with the
assistance of the Department of Budget and Management.
(c) Generation and Maintenance of GAD Database. All departments,

including their attached agencies, offices, bureaus, state universities and
colleges, government-owned and - controlled corporations, local
government units, and other government instrumentalities shall develop
and maintain a GAD database containing gender statistics and
sexdisaggregated data that have been systematically gathered, regularly
updated; and subjected to; gender analysis for planning, programming,
and policy formulation.
Section 39. Commission on Human Rights (CHR). - The Commission,

acting as the Gender and Development Ombud, consistent with its
mandate, shall undertake measures such as the following:
(a) Monitor with the PCW and other state agencies, among others, in
developing indicators and guidelines to comply with their duties related
to the human rights of women, including their right to
nondiscrimination guaranteed under this Act;
Section 37. Gender Focal Point Officer in Philippine Embassies and

Consulates. - An officer duly trained on GAD shall be designated as the
gender focal point in the consular section of Philippine embassies or
consulates. Said officer shall be primarily responsible in handling
gender concerns of women migrant workers. Attached agencies shall
cooperate in strengthening the Philippine foreign posts' programs for the
delivery of services to women migrant workers.
(b) Designate one (1) commissioner and/or its Women's Human Rights
Center to be primarily responsible for formulating and implementing
programs and activities related to the promotion and protection of the
human rights of women, including the investigations and complaints of
discrimination and violations of their rights brought under this Act and
related laws and regulations;
Section 38. National Commission on the Role of Filipino Women

(NCRFW). - The National Commission on the Role of Filipino Women
(NCRFW) shall be renamed as the Philippine Commission on Women
(PCW), the primary policymaking and coordinating body of the women
and gender equality concerns under the Office of the President. The
PCW shall be the overall monitoring body and oversight to ensure the
implementation of this Act. In doing so, the PCW may direct any
government agency and instrumentality, as may be necessary, to report
on the implementation of this Act and for them to immediately respond
to the problems brought to their attention in relation to this Act. The
PCW shall also lead in ensuring that government agencies are
HUMAN RIGHTS
(c) Establish guidelines and mechanisms, among others, that will

facilitate access of women to legal remedies under this Act and related
laws, and enhance the protection and promotion of the rights of women,
especially marginalized women;
(d) Assist in the filing of cases against individuals, agencies,
institutions, or establishments that violate the provisions of this Act; and
20
(e) Recommend to the President of the Philippines or the Civil Service

Commission any possible administrative action based on
noncompliance or failure to implement the provisions of this Act.
Persons Act of 2003 (Republic Act No. 9208) and the Anti- Violence
Against Women and Their Children Act of 2004 (Republic Act No.
9262). If violence has been proven to be perpetrated by agents of the
State including, but not limited to, extrajudicial killings, enforced
disappearances, torture, and internal displacements, such shall be
considered aggravating offenses with corresponding penalties
depending on the severity of the offenses.
Section 40. Monitoring Progress and Implementation and Impact of

this Act. - The PCW, in coordination with other state agencies and the
CHR, shall submit to Congress regular reports on the progress of the
implementation of this Act highlighting the impact thereof on the status
and human rights of women: Provided, That the second report shall
include an assessment of the effectiveness of this Act and recommend
amendments to improve its provisions: Provided, finally, That these
reports shall be submitted to Congress every three (3) years or as
determined in the implementing rules and regulations.
Section 42. Incentives and Awards. - There shall be established an

incentives and awards system which shall be administered by a board
under such rules and regulations as may be promulgated by the PCW to
deserving entities, government agencies, and local government units for
their outstanding performance in upholding the rights of women and
effective implementation of gender-responsive programs.
Section 41. Penalties. - Upon finding of the CHR that a department,

agency, or instrumentality of government, government-owned and
-controlled corporation, or local government unit has violated any
provision of this Act and its implementing rules and regulations, the
sanctions under administrative law, civil service, or other appropriate
laws shall be recommended to the Civil Service Commission and/or the
Department of the Interior and Local Government. The person directly
responsible for the violation as well as the head of the agency or local
chief executive shall be held liable under this Act.
Section 43. Funding. - The initial funding requirements for the

implementation of this Act shall be charged against the current
appropriations of the agencies concerned. Thereafter, such sums as may
be necessary for the implementation of this Act shall be included in the
agencies' yearly budgets under the General Appropriations Act.
If the violation is committed by a private entity or individual, the person

directly responsible for the violation shall be liable to pay damages.
The State shall prioritize allocation of all available resources to

effectively fulfill its obligations specified under this Act. The State
agencies' GAD budgets, which shall be at least five percent (5%) of
their total budgetary allocation, shall also be utilized for the programs
and activities to implement this Act.
Filing a complaint under this Act shall not preclude the offended party
from pursuing other remedies available under the law and to invoke any
of the provisions of existing laws especially those recently enacted laws
protecting women and children, including the Women in Development
and Nation Building Act (Republic Act No. 7192), the Special
Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (Republic Act No. 7610), the Anti-Sexual
Harassment Act of 1995 (Republic Act No. 7877), the Anti-Rape Law of
1997 (Republic Act No. 8353), the Rape Victim Assistance and
Protection Act of 1998 (Republic Act No. 8505), the Anti-Trafficking in
Section 44. Implementing Rules and Regulations. - As the lead agency,

the PCW shall, in coordination with the Commission on Human Rights
and all concerned government departments and agencies including, as
observers, both Houses of Congress through the Committee on Youth,
Women and Family Relations (Senate) and the Committee on Women
and Gender Equality (House of Representatives) and with the
participation of representatives from nongovernment organizations
(NGOs) and civil society groups with proven track record of
involvement and promotion of the rights and welfare of Filipino women
and girls identified by the PCW, formulate the implementing rules and
HUMAN RIGHTS
21
regulations (IRR) of this Act within one hundred eighty (180) days after
its effectivity.

Metro Manila
Section 45. Separability Clause. - If any provision or part hereof is held

invalid or unconstitutional, the remainder of the law or the provisions
not otherwise affected shall remain valid and subsisting.
Twelfth Congress
Third Regular Session
Section 46. Repealing Clause. - Any law, presidential decree or

issuance, executive order, letter of instruction, administrative order, rule,
or regulation contrary to, or inconsistent with, the provisions of this Act
is hereby repealed, modified, or amended accordingly.
Begun and held in Metro Manila, on Monday, the twenty-second day of

July, two thousand three.
Section 47. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general
circulation.
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND

THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES
March 08, 2004

Philippines in Congress assembled:
SECTION 1. Short Title.- This Act shall be known as the "AntiViolence Against Women and Their Children Act of 2004".
SECTION 2. Declaration of Policy.- It is hereby declared that the State
values the dignity of women and children and guarantees full respect for
human rights. The State also recognizes the need to protect the family
and its members particularly women and children, from violence and
threats to their personal safety and security.
Towards this end, the State shall exert efforts to address violence
committed against women and children in keeping with the fundamental
freedoms guaranteed under the Constitution and the Provisions of the
Universal Declaration of Human Rights, the convention on the
Elimination of all forms of discrimination Against Women, Convention
on the Rights of the Child and other international human rights
instruments of which the Philippines is a party.
HUMAN RIGHTS
22
SECTION 3. Definition of Terms.- As used in this Act,
likely to cause mental or emotional suffering of the victim such as but

not limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and mental
infidelity. It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation of
the right to custody and/or visitation of common children.
(a) "Violence against women and their children" refers to any act or a
series of acts committed by any person against a woman who is his
wife, former wife, or against a woman with whom the person has or had
a sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without
the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the following
acts:
D. "Economic abuse" refers to acts that make or attempt to make a

woman financially dependent which includes, but is not limited to the
following:
A. "Physical Violence" refers to acts that include bodily or physical

harm;
1. withdrawal of financial support or preventing the victim from

engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner objects on
valid, serious and moral grounds as defined in Article 73 of the
Family Code;
B. "Sexual violence" refers to an act which is sexual in nature,

committed against a woman or her child. It includes, but is not limited
to:
2. deprivation or threat of deprivation of financial resources and the

right to the use and enjoyment of the conjugal, community or
property owned in common;
a) rape, sexual harassment, acts of lasciviousness, treating a woman

or her child as a sex object, making demeaning and sexually
suggestive remarks, physically attacking the sexual parts of the
victim's body, forcing her/him to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover
to live in the conjugal home or sleep together in the same room with
the abuser;
3. destroying household property;

4. controlling the victims' own money or properties or solely
controlling the conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the
woman or her child resulting to the physical and psychological or
emotional distress.
b) acts causing or attempting to cause the victim to engage in any

sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion;
(c) "Battered Woman Syndrome" refers to a scientifically defined

pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.
c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or
HUMAN RIGHTS
23
(d) "Stalking" refers to an intentional act committed by a person who,

knowingly and without lawful justification follows the woman or her
child or places the woman or her child under surveillance directly or
indirectly or a combination thereof.
(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical
harm;
(e) "Dating relationship" refers to a situation wherein the parties live

as husband and wife without the benefit of marriage or are romantically
involved over time and on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary socialization between
two individuals in a business or social context is not a dating
relationship.
(e) Attempting to compel or compelling the woman or her child to

engage in conduct which the woman or her child has the right to
desist from or desist from conduct which the woman or her child
has the right to engage in, or attempting to restrict or restricting the
woman's or her child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of physical or other
harm, or intimidation directed against the woman or child. This
shall include, but not limited to, the following acts committed with
the purpose or effect of controlling or restricting the woman's or
her child's movement or conduct:
(f) "Sexual relations" refers to a single sexual act which may or may
not result in the bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained
or managed by the Department of Social Welfare and Development
(DSWD) or by any other agency or voluntary organization accredited by
the DSWD for the purposes of this Act or any other suitable place the
resident of which is willing temporarily to receive the victim.
(1) Threatening to deprive or actually depriving the woman or her

child of custody to her/his family;
(h) "Children" refers to those below eighteen (18) years of age or older
but are incapable of taking care of themselves as defined under
Republic Act No. 7610. As used in this Act, it includes the biological
children of the victim and other children under her care.
(2) Depriving or threatening to deprive the woman or her children

of financial support legally due her or her family, or deliberately
providing the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a
legal right;
SECTION 4. Construction.- This Act shall be liberally construed to

promote the protection and safety of victims of violence against women
and their children.
(4) Preventing the woman in engaging in any legitimate profession,

occupation, business or activity or controlling the victim's own
mon4ey or properties, or solely controlling the conjugal or common
money, or properties;
SECTION 5. Acts of Violence Against Women and Their Children.The crime of violence against women and their children is committed
through any of the following acts:
(f) Inflicting or threatening to inflict physical harm on oneself for

the purpose of controlling her actions or decisions;
(a) Causing physical harm to the woman or her child;

HUMAN RIGHTS
24
(g) Causing or attempting to cause the woman or her child to

engage in any sexual activity which does not constitute rape, by
force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate
family;
consummated parricide or murder or homicide shall be punished in

accordance with the provisions of the Revised Penal Code.
If these acts resulted in mutilation, it shall be punishable in accordance
with the Revised Penal Code; those constituting serious physical
injuries shall have the penalty of prison mayor; those constituting less
serious physical injuries shall be punished by prision correccional; and
those constituting slight physical injuries shall be punished by arresto
mayor.
(h) Engaging in purposeful, knowing, or reckless conduct,

personally or through another, that alarms or causes substantial
emotional or psychological distress to the woman or her child. This
shall include, but not be limited to, the following acts:
Acts falling under Section 5(b) shall be punished by imprisonment of

two degrees lower than the prescribed penalty for the consummated
crime as specified in the preceding paragraph but shall in no case be
lower than arresto mayor.
(1) Stalking or following the woman or her child in public or private

places;
(2) Peering in the window or lingering outside the residence of the
woman or her child;
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto
mayor;
(3) Entering or remaining in the dwelling or on the property of the

woman or her child against her/his will;
(c) Acts falling under Section 5(e) shall be punished by prision

correccional;
(4) Destroying the property and personal belongings or inflicting

harm to animals or pets of the woman or her child; and
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(5) Engaging in any form of harassment or violence;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(i) Causing mental or emotional anguish, public ridicule or

humiliation to the woman or her child, including, but not limited to,
repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's
child/children.
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by
prision mayor.
If the acts are committed while the woman or child is pregnant or
committed in the presence of her child, the penalty to be applied shall be
the maximum period of penalty prescribed in the section.
SECTION 6. Penalties.- The crime of violence against women and

their children, under Section 5 hereof shall be punished according to the
following rules:
In addition to imprisonment, the perpetrator shall (a) pay a fine in the

amount of not less than One hundred thousand pesos (P100,000.00) but
not more than three hundred thousand pesos (300,000.00); (b) undergo
mandatory psychological counseling or psychiatric treatment and shall
(a) Acts falling under Section 5(a) constituting attempted, frustrated or

HUMAN RIGHTS
25
report compliance to the court.
agent to accompany the respondent has gathered his things and escort
respondent from the residence;
SECTION 7. Venue.- The Regional Trial Court designated as a Family

Court shall have original and exclusive jurisdiction over cases of
violence against women and their children under this law. In the absence
of such court in the place where the offense was committed, the case
shall be filed in the Regional Trial Court where the crime or any of its
elements was committed at the option of the compliant.
(d) Directing the respondent to stay away from petitioner and designated
family or household member at a distance specified by the court, and to
stay away from the residence, school, place of employment, or any
specified place frequented by the petitioner and any designated family
or household member;
SECTION 8. Protection Orders.- A protection order is an order issued

under this act for the purpose of preventing further acts of violence
against a woman or her child specified in Section 5 of this Act and
granting other necessary relief. The relief granted under a protection
order serve the purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life, and facilitating the
opportunity and ability of the victim to independently regain control
over her life. The provisions of the protection order shall be enforced by
law enforcement agencies. The protection orders that may be issued
under this Act are the barangay protection order (BPO), temporary
protection order (TPO) and permanent protection order (PPO). The
protection orders that may be issued under this Act shall include any,
some or all of the following reliefs:
(e) Directing lawful possession and use by petitioner of an automobile

and other essential personal effects, regardless of ownership, and
directing the appropriate law enforcement officer to accompany the
petitioner to the residence of the parties to ensure that the petitioner is
safely restored to the possession of the automobile and other essential
personal effects, or to supervise the petitioner's or respondent's removal
of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the
petitioner;
(g) Directing the respondent to provide support to the woman and/or her
child if entitled to legal support. Notwithstanding other laws to the
contrary, the court shall order an appropriate percentage of the income
or salary of the respondent to be withheld regularly by the respondent's
employer for the same to be automatically remitted directly to the
woman. Failure to remit and/or withhold or any delay in the remittance
of support to the woman and/or her child without justifiable cause shall
render the respondent or his employer liable for indirect contempt of
court;
(a) Prohibition of the respondent from threatening to commit or

committing, personally or through another, any of the acts mentioned in
Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the petitioner, directly or
indirectly;
(h) Prohibition of the respondent from any use or possession of any

firearm or deadly weapon and order him to surrender the same to the
court for appropriate disposition by the court, including revocation of
license and disqualification to apply for any license to use or possess a
firearm. If the offender is a law enforcement agent, the court shall order
the offender to surrender his firearm and shall direct the appropriate
(c) Removal and exclusion of the respondent from the residence of the
petitioner, regardless of ownership of the residence, either temporarily
for the purpose of protecting the petitioner, or permanently where no
property rights are violated, and if respondent must remove personal
effects from the residence, the court shall direct a law enforcement
HUMAN RIGHTS
26
authority to investigate on the offender and take appropriate action on

matter;
(e) police officers, preferably those in charge of women and

children's desks;
(i) Restitution for actual damages caused by the violence inflicted,

including, but not limited to, property damage, medical expenses,
childcare expenses and loss of income;
(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the
petitioner;
(j) Directing the DSWD or any appropriate agency to provide petitioner

may need; and
(h) At least two (2) concerned responsible citizens of the city or

municipality where the violence against women and their children
occurred and who has personal knowledge of the offense
committed.
(k) Provision of such other forms of relief as the court deems necessary
to protect and provide for the safety of the petitioner and any designated
family or household member, provided petitioner and any designated
family or household member consents to such relief.
SECTION 10. Where to Apply for a Protection Order. Applications

for BPOs shall follow the rules on venue under Section 409 of the Local
Government Code of 1991 and its implementing rules and regulations.
An application for a TPO or PPO may be filed in the regional trial
court, metropolitan trial court, municipal trial court, municipal
circuit trial court with territorial jurisdiction over the place of
residence of the petitioner: Provided, however, That if a family
court exists in the place of residence of the petitioner, the
application shall be filed with that court.
Any of the reliefs provided under this section shall be granted even in
the absence of a decree of legal separation or annulment or declaration
of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall
not preclude a petitioner from applying for, or the court from granting a
TPO or PPO.
SECTION 11. How to Apply for a Protection Order. The application

for a protection order must be in writing, signed and verified under oath
by the applicant. It may be filed as an independent action or as
incidental relief in any civil or criminal case the subject matter or issues
thereof partakes of a violence as described in this Act. A standard
protection order application form, written in English with translation to
the major local languages, shall be made available to facilitate
applications for protections order, and shall contain, among other, the
following information:
SECTION 9. Who may file Petition for Protection Orders. A petition

for protection order may be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth
civil degree of consanguinity or affinity;
(a) names and addresses of petitioner and respondent;
(d) officers or social workers of the DSWD or social workers of local

government units (LGUs);
HUMAN RIGHTS
(b) description of relationships between petitioner and respondent;

27
(c) a statement of the circumstances of the abuse;
SECTION 13. Legal Representation of Petitioners for Protection

Order. If the woman or her child requests in the applications for a
protection order for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the court shall immediately
direct the Public Attorney's Office (PAO) to represent the petitioner in
the hearing on the application. If the PAO determines that the applicant
can afford to hire the services of a counsel de parte, it shall facilitate the
legal representation of the petitioner by a counsel de parte. The lack of
access to family or conjugal resources by the applicant, such as when
the same are controlled by the perpetrator, shall qualify the petitioner to
legal representation by the PAO.
(d) description of the reliefs requested by petitioner as specified in

Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection
order in another court.
However, a private counsel offering free legal service is not barred from
representing the petitioner.
If the applicants is not the victim, the application must be accompanied

by an affidavit of the applicant attesting to (a) the circumstances of the
abuse suffered by the victim and (b) the circumstances of consent given
by the victim for the filling of the application. When disclosure of the
address of the victim will pose danger to her life, it shall be so stated in
the application. In such a case, the applicant shall attest that the victim
is residing in the municipality or city over which court has territorial
jurisdiction, and shall provide a mailing address for purpose of service
processing.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue

and How. - Barangay Protection Orders (BPOs) refer to the protection
order issued by the Punong Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the protection
order to the applicant on the date of filing after ex parte determination
of the basis of the application. If the Punong Barangay is unavailable to
act on the application for a BPO, the application shall be acted upon by
any available Barangay Kagawad. If the BPO is issued by a Barangay
Kagawad the order must be accompanied by an attestation by the
Barangay Kagawad that the Punong Barangay was unavailable at the
time for the issuance of the BPO. BPOs shall be effective for fifteen
(15) days. Immediately after the issuance of an ex parte BPO, the
Punong Barangay or Barangay Kagawad shall personally serve a copy
of the same on the respondent, or direct any barangay official to effect is
personal service.
An application for protection order filed with a court shall be considered

an application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the
preparation of the application. Law enforcement agents shall also extend
assistance in the application for protection orders in cases brought to
their attention.
SECTION 12. Enforceability of Protection Orders. All TPOs and
PPOs issued under this Act shall be enforceable anywhere in the
Philippines and a violation thereof shall be punishable with a fine
ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos
(P50,000.00) and/or imprisonment of six (6) months.
HUMAN RIGHTS
The parties may be accompanied by a non-lawyer advocate in any

proceeding before the Punong Barangay.
SECTION 15. Temporary Protection Orders. Temporary Protection
Orders (TPOs) refers to the protection order issued by the court on the
28
date of filing of the application after ex parte determination that such

order should be issued. A court may grant in a TPO any, some or all of
the reliefs mentioned in this Act and shall be effective for thirty (30)
days. The court shall schedule a hearing on the issuance of a PPO prior
to or on the date of the expiration of the TPO. The court shall order the
immediate personal service of the TPO on the respondent by the court
sheriff who may obtain the assistance of law enforcement agents for the
service. The TPO shall include notice of the date of the hearing on the
merits of the issuance of a PPO.
application of the person in whose favor the order was issued. The court
shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of
the lapse of time between the act of violence and the filing of the
application.
Regardless of the conviction or acquittal of the respondent, the Court
must determine whether or not the PPO shall become final. Even in a
dismissal, a PPO shall be granted as long as there is no clear showing
that the act from which the order might arise did not exist.
SECTION 16. Permanent Protection Orders. Permanent Protection

Order (PPO) refers to protection order issued by the court after notice
and hearing.
SECTION 17. Notice of Sanction in Protection Orders. The

following statement must be printed in bold-faced type or in capital
letters on the protection order issued by the Punong Barangay or court:
Respondents non-appearance despite proper notice, or his lack of a

lawyer, or the non-availability of his lawyer shall not be a ground for
rescheduling or postponing the hearing on the merits of the issuance of a
PPO. If the respondents appears without counsel on the date of the
hearing on the PPO, the court shall appoint a lawyer for the respondent
and immediately proceed with the hearing. In case the respondent fails
to appear despite proper notice, the court shall allow ex parte
presentation of the evidence by the applicant and render judgment on
the basis of the evidence presented. The court shall allow the
introduction of any history of abusive conduct of a respondent even if
the same was not directed against the applicant or the person for whom
the applicant is made.
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For
Protection Orders Failure to act on an application for a protection
order within the reglementary period specified in the previous section
without justifiable cause shall render the official or judge
administratively liable.
SECTION 19. Legal Separation Cases. In cases of legal separation,
where violence as specified in this Act is alleged, Article 58 of the
Family Code shall not apply. The court shall proceed on the main case
and other incidents of the case as soon as possible. The hearing on any
application for a protection order filed by the petitioner must be
conducted within the mandatory period specified in this Act.
The court shall, to the extent possible, conduct the hearing on the merits
of the issuance of a PPO in one (1) day. Where the court is unable to
conduct the hearing within one (1) day and the TPO issued is due to
expire, the court shall continuously extend or renew the TPO for a
period of thirty (30) days at each particular time until final judgment is
issued. The extended or renewed TPO may be modified by the court as
may be necessary or applicable to address the needs of the applicant.
SECTION 20. Priority of Application for a Protection Order. Ex

parte and adversarial hearings to determine the basis of applications for
a protection order under this Act shall have priority over all other
proceedings. Barangay officials and the courts shall schedule and
conduct hearings on applications for a protection order under this Act
The court may grant any, some or all of the reliefs specified in Section 8
hereof in a PPO. A PPO shall be effective until revoked by a court upon
HUMAN RIGHTS
29
above all other business and, if necessary, suspend other proceedings in

order to hear applications for a protection order.
The protection orders referred to in this section are the TPOs and the
PPOs issued only by the courts.
SECTION 21. Violation of Protection Orders. A complaint for a

violation of a BPO issued under this Act must be filed directly with any
municipal trial court, metropolitan trial court, or municipal circuit trial
court that has territorial jurisdiction over the barangay that issued the
BPO. Violation of a BPO shall be punishable by imprisonment of thirty
(30) days without prejudice to any other criminal or civil action that the
offended party may file for any of the acts committed.
SECTION 24. Prescriptive Period. Acts falling under Sections 5(a) to

5(f) shall prescribe in twenty (20) years. Acts falling under Sections 5(g)
to 5(I) shall prescribe in ten (10) years.
SECTION 25. Public Crime. Violence against women and their
children shall be considered a public offense which may be prosecuted
upon the filing of a complaint by any citizen having personal knowledge
of the circumstances involving the commission of the crime.
A judgement of violation of a BPO ma be appealed according to the

Rules of Court. During trial and upon judgment, the trial court may
motu proprio issue a protection order as it deems necessary without
need of an application.
SECTION 26. Battered Woman Syndrome as a Defense. Victimsurvivors who are found by the courts to be suffering from battered
woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.
Violation of any provision of a TPO or PPO issued under this Act shall
constitute contempt of court punishable under Rule 71 of the Rules of
Court, without prejudice to any other criminal or civil action that the
offended party may file for any of the acts committed.
In the determination of the state of mind of the woman who was

suffering from battered woman syndrome at the time of the commission
of the crime, the courts shall be assisted by expert psychiatrists/
psychologists.
SECTION 22. Applicability of Protection Orders to Criminal Cases.

The foregoing provisions on protection orders shall be applicable in
impliedly instituted with the criminal actions involving violence against
women and their children.
SECTION 27. Prohibited Defense. Being under the influence of

alcohol, any illicit drug, or any other mind-altering substance shall not
be a defense under this Act.
SECTION 23. Bond to Keep the Peace. The Court may order any
person against whom a protection order is issued to give a bond to keep
the peace, to present two sufficient sureties who shall undertake that
such person will not commit the violence sought to be prevented.
SECTION 28. Custody of children. The woman victim of violence

shall be entitled to the custody and support of her child/children.
Children below seven (7) years old older but with mental or physical
disabilities shall automatically be given to the mother, with right to
support, unless the court finds compelling reasons to order otherwise.
Should the respondent fail to give the bond as required, he shall be

detained for a period which shall in no case exceed six (6) months, if he
shall have been prosecuted for acts punishable under Section 5(a) to 5(f)
and not exceeding thirty (30) days, if for acts punishable under Section
5(g) to 5(I).
HUMAN RIGHTS
A victim who is suffering from battered woman syndrome shall not be

disqualified from having custody of her children. In no case shall
custody of minor children be given to the perpetrator of a woman who is
30
suffering from Battered woman syndrome.
there is imminent danger to the life or limb of the victim as defined in

this Act; and
SECTION 29. Duties of Prosecutors/Court Personnel. Prosecutors

and court personnel should observe the following duties when dealing
with victims under this Act:
(h) immediately report the call for assessment or assistance of the

DSWD, social Welfare Department of LGUs or accredited nongovernment organizations (NGOs).
a) communicate with the victim in a language understood by the woman

or her child; and
Any barangay official or law enforcer who fails to report the incident
shall be liable for a fine not exceeding Ten Thousand Pesos
(P10,000.00) or whenever applicable criminal, civil or administrative
liability.
b) inform the victim of her/his rights including legal remedies available

and procedure, and privileges for indigent litigants.
SECTION 31. Healthcare Provider Response to Abuse Any

healthcare provider, including, but not limited to, an attending
physician, nurse, clinician, barangay health worker, therapist or
counselor who suspects abuse or has been informed by the victim of
violence shall:
SECTION 30. Duties of Barangay Officials and Law Enforcers.

Barangay officials and law enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance or
protection of the victim by entering the necessary whether or not a
protection order has been issued and ensure the safety of the victim/s;
(a) properly document any of the victim's physical, emotional or

psychological injuries;
(b) confiscate any deadly weapon in the possession of the perpetrator or

within plain view;
(b) properly record any of victim's suspicions, observations and

circumstances of the examination or visit;
(c) transport or escort the victim/s to a safe place of their choice or to a

clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(c) automatically provide the victim free of charge a medical certificate

concerning the examination or visit;
(e) assist the barangay officials and other government officers and
employees who respond to a call for help;
(d) safeguard the records and make them available to the victim upon
request at actual cost; and
(f) ensure the enforcement of the Protection Orders issued by the

Punong Barangy or the courts;
(e) provide the victim immediate and adequate notice of rights and
remedies provided under this Act, and services available to them.
(g) arrest the suspected perpetrator wiithout a warrant when any of the
acts of violence defined by this Act is occurring, or when he/she has
personal knowledge that any act of abuse has just been committed, and
SECTION 32. Duties of Other Government Agencies and LGUs

Other government agencies and LGUs shall establish programs such as,
but not limited to, education and information campaign and seminars or
HUMAN RIGHTS
31
symposia on the nature, causes, incidence and consequences of such

violence particularly towards educating the public on its social impacts.
(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under
the Family Code; and
It shall be the duty of the concerned government agencies and LGU's to

ensure the sustained education and training of their officers and
personnel on the prevention of violence against women and their
children under the Act.
(e) To be informed of their rights and the services available to them

including their right to apply for a protection order.
SECTION 33. Prohibited Acts. A Punong Barangay, Barangay

Kagawad or the court hearing an application for a protection order shall
not order, direct, force or in any way unduly influence he applicant for a
protection order to compromise or abandon any of the reliefs sought in
the application for protection under this Act. Section 7 of the Family
Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local
Government Code of 1991 shall not apply in proceedings where relief is
sought under this Act.
SECTION 36. Damages. Any victim of violence under this Act shall
be entitled to actual, compensatory, moral and exemplary damages.
SECTION 37. Hold Departure Order. The court shall expedite the
process of issuance of a hold departure order in cases prosecuted under
this Act.
SECTION 38. Exemption from Payment of Docket Fee and Other
Expenses. If the victim is an indigent or there is an immediate
necessity due to imminent danger or threat of danger to act on an
application for a protection order, the court shall accept the application
without payment of the filing fee and other fees and of transcript of
stenographic notes.
Failure to comply with this Section shall render the official or judge
SECTION 34. Persons Intervening Exempt from Liability. In every
case of violence against women and their children as herein defined, any
person, private individual or police authority or barangay official who,
acting in accordance with law, responds or intervenes without using
violence or restraint greater than necessary to ensure the safety of the
victim, shall not be liable for any criminal, civil or administrative
liability resulting therefrom.
SECTION 39. Inter-Agency Council on Violence Against Women and

Their Children (IAC-VAWC). In pursuance of the abovementioned
policy, there is hereby established an Inter-Agency Council on Violence
Against Women and their children, hereinafter known as the Council,
which shall be composed of the following agencies:
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) Department of Social Welfare and Development (DSWD);
(a) to be treated with respect and dignity;
(c) Civil Service Commission (CSC);
(b) to avail of legal assistance form the PAO of the Department of

Justice (DOJ) or any public legal assistance office;
(d) Commission on Human rights (CHR)
HUMAN RIGHTS
(b) National Commission on the Role of Filipino Women (NCRFW);
32
(e) Council for the Welfare of Children (CWC);
SECTION 41. Counseling and Treatment of Offenders. The DSWD

shall provide rehabilitative counseling and treatment to perpetrators
towards learning constructive ways of coping with anger and emotional
outbursts and reforming their ways. When necessary, the offender shall
be ordered by the Court to submit to psychiatric treatment or
confinement.
(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);
(h) Philippine National Police (PNP);
SECTION 42. Training of Persons Involved in Responding to Violence

Against Women and their Children Cases. All agencies involved in
responding to violence against women and their children cases shall be
required to undergo education and training to acquaint them with:
(i) Department of Health (DOH);

(j) Department of Education (DepEd);
a. the nature, extend and causes of violence against women and their
children;
(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).
b. the legal rights of, and remedies available to, victims of violence
against women and their children;
These agencies are tasked to formulate programs and projects to

eliminate VAW based on their mandates as well as develop capability
programs for their employees to become more sensitive to the needs of
their clients. The Council will also serve as the monitoring body as
regards to VAW initiatives.
c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer
protection and assistance; and
The Council members may designate their duly authorized

representative who shall have a rank not lower than an assistant
secretary or its equivalent. These representatives shall attend Council
meetings in their behalf, and shall receive emoluments as may be
determined by the Council in accordance with existing budget and
accounting rules and regulations.
e. techniques for handling incidents of violence against women and their

children that minimize the likelihood of injury to the officer and
promote the safety of the victim or survivor.
The PNP, in coordination with LGU's shall establish an education and
training program for police officers and barangay officials to enable
them to properly handle cases of violence against women and their
children.
SECTION 40. Mandatory Programs and Services for Victims. The

DSWD, and LGU's shall provide the victims temporary shelters,
provide counseling, psycho-social services and /or, recovery,
rehabilitation programs and livelihood assistance.
SECTION 43. Entitled to Leave. Victims under this Act shall be

entitled to take a paid leave of absence up to ten (10) days in addition to
other paid leaves under the Labor Code and Civil Service Rules and
Regulations, extendible when the necessity arises as specified in the
The DOH shall provide medical assistance to victims.

HUMAN RIGHTS
33
protection order.
SECTION 47. Suppletory Application For purposes of this Act, the

Revised Penal Code and other applicable laws, shall have suppletory
application.
Any employer who shall prejudice the right of the person under this
section shall be penalized in accordance with the provisions of the
Labor Code and Civil Service Rules and Regulations. Likewise, an
employer who shall prejudice any person for assisting a co-employee
who is a victim under this Act shall likewise be liable for
discrimination.
SECTION 48. Separability Clause. If any section or provision of this

Act is held unconstitutional or invalid, the other sections or provisions
shall not be affected.
SECTION 49. Repealing Clause All laws, Presidential decrees,
executive orders and rules and regulations, or parts thereof, inconsistent
with the provisions of this Act are hereby repealed or modified
accordingly.
SECTION 44. Confidentiality. All records pertaining to cases of

violence against women and their children including those in the
barangay shall be confidential and all public officers and employees and
public or private clinics to hospitals shall respect the right to privacy of
the victim. Whoever publishes or causes to be published, in any format,
the name, address, telephone number, school, business address,
employer, or other identifying information of a victim or an immediate
family member, without the latter's consent, shall be liable to the
contempt power of the court.
SECTION 50. Effectivity This Act shall take effect fifteen (15) days
from the date of its complete publication in at least two (2) newspapers
of general circulation.
Any person who violates this provision shall suffer the penalty of one
(1) year imprisonment and a fine of not more than Five Hundred
Thousand pesos (P500,000.00).
SECTION 45. Funding The amount necessary to implement the
provisions of this Act shall be included in the annual General
Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies
and LGU's shall be used to implement services for victim of violence
against women and their children.
SECTION 46. Implementing Rules and Regulations. Within six (6)
months from the approval of this Act, the DOJ, the NCRFW, the
DSWD, the DILG, the DOH, and the PNP, and three (3) representatives
from NGOs to be identified by the NCRFW, shall promulgate the
Implementing Rules and Regulations (IRR) of this Act.
HUMAN RIGHTS
34
Women and Their Children Act of 2004."

SUPREME COURT
Manila
The Rules of Court shall apply suppletorily.

SEC. 2. Construction. - This Rule shall be liberally construed to
promote its objectives pursuant to the principles of restorative justice.
EN BANC
A.M. No. 04-10-11-SC
October 19, 2004
SEC. 3. Objectives. - The objectives of this Rule are:
RE: RULE ON VIOLENCE AGAINST WOMEN AND THEIR

CHILDREN
(a) To protect the rights of the family and its members particularly
women and children from violence and threats to their personal safety
and security;
RE S O LUTI ON
(b) To enable the courts to manage and monitor cases involving violence
against women and children and the members of their family or
household;
Acting on the report of the Committee on Revision of the Rules of

Court submitting for this Court's consideration and approval the
Proposed Rule on Violence Against Women and Their Children, the
Court Resolved to APPROVE the same.
(c) To prevent any disruption in the daily lives of the offended parties
and assist them to regain control of their lives;
The Rule shall take effect on November 15, 2004 following its
publication in a newspaper of general circulation not later than October
30, 2004.
(d) To ensure that treatment is provided for the offended parties and
offenders; and
Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago,

Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Morales,
Callejo, Sr., Tinga, Chico-Nazario, and Garcia, JJ., concur.
Azcuna, J., on leave.
(e) To hold the offenders accountable for their acts.

SEC. 4. Definitions. - As used in this Rule:
(a) "Violence against women and their children" refers to any act or a
series of acts committed by any person against a woman who is his
wife, former wife, or a woman with whom the person has or had a
dating or sexual relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without
the family abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty.
RULE ON VIOLENCE AGAINST WOMEN AND THEIR

CHILDREN
SECTION 1. Applicability. - This Rule shall apply to petitions for
protection orders in cases of violence against women and their children
under R.A. No. 9262, otherwise known as the "Anti-Violence Against
HUMAN RIGHTS
35
(b) "Children" refers to persons below eighteen years of age or older but
are unable to fully take care of themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability
or condition. It includes the biological children of the offended party
and other children under her care.
mistress or lover to live in the conjugal home or sleep together in the

same room with the abuser;
(2) acts causing or attempting to cause the offended party to engage in
any sexual activity by force, threat of force, physical or other harm or
threat of physical or other harm or coercion; and
(c) "Members of the family" shall include husband and wife, parents
and children, the ascendants or descendants, brothers and sisters,
whether of the full or half blood, whether living together or not.
(3) prostitution of the woman or her child.

(g) "Psychological violence" refers to acts or omissions causing or
likely to cause mental or emotional suffering of the offended party such
as intimidation, harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and marital infidelity. It
includes causing or allowing the offended party to witness the physical,
sexual or psychological abuse; of a member of the family to which the
offended party belongs, or to witness pornography in any form or .to
witness abusive injury to pets or to unlawful or unwanted deprivation of
the right to custody or visitation of common children.
(d) "Members of the household" shall include:

(1) Spouses, common-law spouses, former spouses, whether living
together or not, and their children;
(2) Relatives by consanguinity or affinity up to the sixth civil degree,
including stepparents and stepchildren living together in the same
house; and
(h) "Economic abuse" refers to acts that make or attempt to make a

woman financially dependent which includes the following:
(3) Domestic helpers in the service of the employer, whose services are
usually necessary or desirable for the maintenance and enjoyment of the
home, who attend to the personal comfort and convenience of the
members of the household.
(1) withdrawing of financial support or preventing the offended party

from engaging in any legitimate profession, occupation, business or
activity, except in cases where the other spouse or partner objects on
valid, serious and moral grounds as defined in Article 73 of the Family
Code;
(e) "Battery" refers to an act of inflicting physical harm upon the

woman or her child resulting in physical and psychological or emotional
distress.
(2) depriving or threatening to deprive financial resources and the right

to the use and enjoyment of the conjugal, community or property owned
in common;
(f) "Sexual violence" refers to an act which is sexual in nature

committed against a woman or her child. It includes the following:
(1) rape, sexual harassment, acts of lasciviousness, treating a woman or
her child as a sex object, making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of the victim's body,
forcing the offended party to watch obscene publications and indecent
shows or to do indecent acts or make films thereof, forcing the wife and
HUMAN RIGHTS
(3) destroying household property; and

(4) controlling the offended party's own money or property or solely
controlling the conjugal money or property.
36
(i) "Stalking" refers to an intentional act of knowingly and without

lawful justification, following the woman or her child or placing the
woman or her child under surveillance directly or indirectly or through a
combination thereof.
issued by the Punong Barangay, or in his absence the Barangay

Kagawad, ordering the perpetrator to desist from committing acts of
violence against the family or household members particularly women
and their children under Sections 5a and 5b of R.A. No. 9262.
(j) "Sexual relationship" refers to a single sexual act which may or may
not result in the bearing of a common child;
(q) "Temporary protection order" (TPO) refers to the protection order

issued by the court on the filing of the application and after ex parte
determination of its need. It may also be issued in the course of a
hearing, motu proprio or upon motion.
(k) "Program of intervention for offended parties" refers to a specialized

program that provides advocacy, shelter, crisis intervention, social
services, treatment, counseling, education, or training.
(r) "Permanent protection order" (PPO) refers to the protection order

issued by the court after notice and hearing.
(I) "Program of intervention for offenders" refers to court-ordered

treatment of offenders given by agencies or persons who have
demonstrated expertise and experience in anger control, management of
alcohol, substance abuse; and other forms of intervention to stop
violence,
(s) "Live-link television testimony" refers to the testimony of a child,

who is an eyewitness or offended party in violence against women and
their children, taken in a room outside the courtroom and televised to
the courtroom by live-link television, as provided for in Section 25 of
the Rule on Examination of a Child Witness. It may also refer to the
live-link testimony of an adult female victim of violence, which may be
allowed at the discretion of the court.
(m) "Safe Place or Shelter" refers to any home or institution managed

by the Department of Social Welfare and Development (DSWD) or by
any agency or voluntary organization accredited by the DSWD or any
other suitable place the resident of which is willing to receive the
offended party temporarily.
SEC. 5. Acts of violence against women and their children under R.A.
No. 9262. - Violence against women and their children is committed
through any of the following acts:
(n) "Safety plan" refers to a written plan of action prepared by a social

worker and approved by the court to secure the protection of the
offended party.
(a) Causing, threatening or attempting to cause physical harm to the

woman or her child;
(o) "Protection order" is an order issued by the court to prevent further

acts of violence against women and their children, their family or
household members, and to grant other necessary relief. Its purpose is to
safeguard the offended parties from further harm, minimize any
disruption in their daily life and facilitate the opportunity and ability to
regain control of their life.
(b) Placing the woman or her child in fear of imminent physical harm;
(c) Attempting to compel or compelling the woman or her child to
engage in conduct which the woman or her child has the right to desist
from or to desist from conduct which the woman or her child has the
right to engage in, or attempting to restrict .or restricting the woman's or
her child's freedom of movement or conduct by force or threat of force,
physical or other harm or threat of physical on other harm, or
(p) "Barangay protection order" (BPO) refers to the protection order

HUMAN RIGHTS
37
intimidation directed against the woman or her child.
(1) Stalking or following the woman or her child in public or private

places;
This shall include, but is not limited to, the following acts committed
with the purpose or effect of controlling or restricting the movement or
conduct of the woman or her child:
(2) Peering in the window or lingering outside the residence of the

woman or her child;
(1) Threatening to deprive or actually depriving the woman or her child

of custody or access to her/his family;
(3) Entering or remaining in the dwelling or on the property of the

woman or her child against her/his will;
(2) Depriving or threatening to deprive the woman or her children of

financial support legally due her or her family, or deliberately providing
the woman's children insufficient financial support;
(4) Destroying the property and personal belongings or inflicting harm

to animals or pets of the woman or child; and
(5) Engaging in any form of harassment or violence; or
(3) Depriving or threatening to deprive the woman or her child of a

legal right; and
(g) Causing mental or emotional anguish, public ridicule or humiliation

to the woman or her child, including, but not limited to, repeated verbal
and emotional abuse, and denial of financial support or custody of a
minor child or denial of access to the woman's child.
(4) Preventing the woman from engaging in any legitimate profession,

occupation, business or activity except in cases where the spouse or
partner on valid, serious and moral grounds, or controlling the victim's
own money or property, or solely controlling the conjugal or common
money or property;
SEC. 6. Remedies of offended party. - The offended party may file a

separate petition for protection order without claiming damages. The
offended party may also pursue other remedies in accordance with Part
II of this Rule by the filing of any of the following:
(d) Inflicting or threatening to inflict physical ham on oneself for the

purpose of controlling her actions or decisions;
(a) Criminal action;

(e) Causing or attempting to cause the woman or her child to engage in
any sexual activity which does not constitute rape, by force or threat of
force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;
(b) Criminal action with reservation of a separate civil action; or

(c) Civil action for damages.
(f) Engaging in purposeful, knowing, or reckless conduct, personally or

through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child.
Part I
PETITION FOR PROTECTION ORDER
This shall include, but is not limited to, the following acts:
HUMAN RIGHTS
SEC. 7. Form of petition. - A petition for protection order shall be in

writing, signed and verified by the petitioner. It shall be accompanied by
38
a certificate of non-forum shopping which the petitioner must sign

personally.
order may be filed with the Family Court of the place where the
offended party resides. If there is no existing Family Court, it may be
filed with the regional trial court, metropolitan trial court, municipal
trial court in cities, municipal trial court or municipal circuit trial court
with territorial jurisdiction over the place of residence of the offended
party.
SEC. 8. Who may file petition. - A petition for protection order may be
filed by any of the following:
(a) The offended party;
SEC. 10. Contents of the petition. - The petition filed by the offended
party shall contain the following:
(b) Parents or guardians of the offended party;
(a) The name, age and residence of the offended party;'
(c) Ascendants, descendants or collateral relatives of the offended party

within the fourth civil degree of consanguinity or affinity;
(b) The name, age and residence of the respondent;
(d) Officers or social workers of the Department of Social Welfare and

Development (DSWD) or social workers of local government units
(LGUs);
(c) A description of the relationship between the offended party and the
respondent;
(e) Police officers, preferably those in charge of women and children's

desks;
(d) A complete description of the alleged act constituting violence

including the date, time and place of occurrence;
(f) Punong Barangay or Barangay Kagawad;
(e) A request for counsel and the reasons for such;
(g) Lawyer, counselor, therapist or healthcare provider of the petitioner;

or
(f) A request for waiver of application fees;

(g) The relief from violence prayed for, including protection orders to
cover any designated family or household member who consents to such
relief.
(h) At least two concerned, responsible citizens of the place where the
violence against women and their children occurred and who have
personal knowledge of the offense committed.
If the petitioner is not the offended party, the petition shall be

accompanied by an affidavit of the petitioner attesting to the following:
The filing of a petition for protection order by the offended party

suspends the right of all other authorized parties to file similar petitions.
A petition filed by the offended party after the filing of a similar petition
by an authorized party shall not be dismissed but shall be consolidated
with the petition filed earlier.
(a) facts showing the authority of the petitioner to file the petition;
(b) circumstances of the abuse suffered by the offended party; and
SEC. 9. Where to file the petition. - The verified petition for protection
HUMAN RIGHTS
(c) circumstances of consent given by or refusal to consent of the

39
offended party to file the petition.
(f) Directing lawful possession and use by the offended party of an

automobile and other essential personal effects, regardless of ownership,
and directing the appropriate law enforcement officer to accompany the
offended party to the residence of the parties to ensure that the offended
party is safely restored to the possession of the automobile and other
essential personal effects;
When disclosure of the address will pose danger to the life of the
offended party, it shall be so stated in the petition. In such a case, the
petitioner shall attest that the offended party is; residing in the
municipality or city over which the court has territorial jurisdiction, and
shall provide a mailing address for purposes of service processing.
(g) Ordering temporary or permanent custody of the child/children with

the offended party, taking into consideration the best interests of the
child. An offended party who is suffering from Battered Woman
Syndrome shall not be disqualified from having custody of her children.
In no case shall custody of minor children be given to the batterer of a
woman who is suffering from Battered Woman Syndrome;
SEC. 11. Reliefs available to the offended party. - The protection order
shall include any, some or all of the following reliefs:
(a) Prohibiting the respondent from threatening to commit or
committing, personally or through another, acts of violence against the
offended party;
(h) Directing the respondent to provide support 'o the woman and/or her
child, if entitled to legal import. Notwithstanding other laws to the
contrary, the court shall order an appropriate percentage of the income
or salary of the respondent to be withheld regularly by his employer and
to automatically remit it directly to the offended party. Failure to
withhold, remit or any delay in the remittance of support to the offended
party without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
(b) Prohibiting the respondent from harassing, annoying, telephoning,

contacting or otherwise communicating in any form with the offended
party, either directly or indirectly;
(c) Removing and excluding the respondent from the residence of the
offended party, regardless of ownership of the residence, either
temporally for the purpose of protecting the offended party, or
permanently where no property rights are violated. If the respondent
must remove personal effects from the residence, the court shall direct a
law enforcement agent to accompany the respondent to the residence,
remain there until the respondent has gathered his things and escort him
from the residence;
(i) Prohibiting the respondent from carrying or possessing any firearm

or deadly weapon and ordering him to surrender the same to the court
for appropriate disposition, including revocation of license and
disqualification to apply for any license to carry or possess a firearm. If
the respondent is .a law enforcement agent, the court shall order him to
surrender his firearm and shall direct the appropriate authority to
investigate him and take appropriate action thereon;
(d) Requiring the respondent to stay away from the offended party and
any designated family or household member at a distance specified by
the court;
(j) Directing the DSWD or any appropriate agency to prepare a program

of intervention for the offended party that provides advocacy, temporary
shelter, crisis intervention, treatment, therapy, counseling, education,
training and other social services that the offended party may need;
(e) Requiring the respondent to stay away from the residence, school,
place of employment or any specified place frequented regularly by the
offended party and any designated family or household member;
HUMAN RIGHTS
40
(k) Requiring the respondent to receive professional counseling from

agencies or persons who have demonstrated expertise and experience in
anger control, management of alcohol, substance abuse and other forms
of intervention to stop violence. The program of intervention for
offenders must be approved by the court. The agency or person is
required to provide the court with regular reports of the progress and
result of professional counseling, for which the respondent may be
ordered to pay; and
DSWD and LGUs;
(I) Awarding the offended party actual damages caused by the violence
inflicted, including, but not limited to, property damage, medical
expanses, childcare expenses and loss of income; and compensatory,
moral, and exemplary damages, subject to Sections 26a and 35 of this
Rule.
(h) Making available informative materials on violence against women

and their children, including their rights as victims; and
(f) Advising the petitioner on the availability of an affidavit of indigency

in lieu of payment of the filing fee;
(g) Providing the offended party with a certified copy of the protection
order as well as giving the necessary information regarding the process
for its service and enforcement;
(i) Informing the offended party that compensation is available from the
Department of Justice Board of Claims in accordance with the
provisions of R.A. No. 7309 (1992), otherwise known as "An Act
Creating a Board of Claims Under the Department of Justice for Victims
of Unjust Imprisonment or Detention and Victims of Violent Crime and
For Other Purposes."
The court may grant such other forms of relief to protect the offended
party and any designated family or household member who consents to
such relief.
SEC. 12. Duties of the clerk of court. - The clerk of court shall assist
the petitioner or the offended party by:
SEC. 13. Exemption from payment of docket fee and other expenses. If the offended party is an indigent or there is an immediate necessity
due to imminent danger or threat of danger to act on a petition for a
protection order, the court shall accept the petition without payment of
the filing fee and other fees and of transcripts of stenographic notes.
(a) Communicating in a language understood by the petitioner;

(b) Providing the petitioner with a standard petition form written in
English with translation into the major local dialects, including the
instructions for its accomplishment;
SEC. 14. Raffle in multi-sala courts. - The petition filed in a multi-sala

court shall be raffled without delay.
(c) Ensuring the privacy of the offended party to the extent practicable
while the form is being accomplished;
If an action contains an application for a protection order, it shall be the

subject of a special raffle.
(d) Advising the petitioner on the availability of legal assistance from

the Public Attorney's Office of the Department of Justice or any public
legal assistance office;
SEC. 15. Ex parte issuance of temporary protection order. - (a) If the

court is satisfied from the verified allegations of the petition that there is
reasonable ground to believe that an imminent danger of violence
against women and their children exists or is about to recur, the court
may issue ex parte a temporary protection order which shall be effective
(e) Advising the petitioner on entitlement of support services from the

HUMAN RIGHTS
41
for thirty days from service on the party or person sought to be enjoined.
clerk of court shall forthwith issue the corresponding notice to the

respondent requiring him to file an opposition within five days. The date
of the preliminary conference and hearing on the merits shall be
indicated on the notice.
(b) The temporary protection order shall include notice of the date of the
preliminary conference and hearing on the merits. The following
statements must be printed in bold-faced type or in capital letters on the
protection order issued by the court:
Where the notice could not be served personally or by substituted

service despite diligent efforts, Rule 14 of the Rules of Court shall apply
as far as practicable.
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.
SEC. 17. Enforceability of protection order. - The protection order

issued by the court shall be enforceable anywhere in the Philippines.
Violation of the protection order shall be punishable by a fine ranging
from Five Thousand (P5.000.00) Pesos to Fifty Thousand (P50,000.00)
Pesos or imprisonment of six months or both.
"IF THE RESPONDENT APPEARS WITHOUT COUNSEL ON THE

DATE OF THE PRELIMINARY CONFERENCE AND HEARING ON
THE MERITS ON THE ISSUANCE OF .A PERMANENT
PROTECTION ORDER, THE COURT SHALL NOT RESCHEDULE
OR POSTPONE THE PRELIMINARY CONFERENCE AND
HEARING BUT SHALL APPOINT A LAWYER FOR THE
RESPONDENT AND IMMEDIATELY PROCEED WITH SAID
HEARING.
SEC. 18. Duties of the law enforcement officer. - Upon the receipt of
the protection order, the law enforcement officer shall use all reasonable
means to enforce the order and prevent further violence, such as by:
"IF THE RESPONDENT FAILS TO APPEAR ON THE DATE OF

THE PRELIMINARY CONFERENCE AND HEARING ON THE
MERITS DESPITE PROPER NOTICE, THE COURT SHALL
ALLOW EX PARTE PRESENTATION OF EVIDENCE BY THE
PETITIONER AND RENDER JUDGMENT ON THE BASIS OF THE
PLEADINGS AND EVIDENCE ON RECORD. NO DELEGATION
OF THE RECEPTION OF EVIDENCE SHALL BE ALLOWED."
(a) Taking any action necessary to provide for the safety of the offended
party;
(b) Taking custody of the weapon used in the violence against women
and their children;
(c) Transporting or obtaining transportation for the offended party to a
safe place;
(c) The court shall likewise order the immediate issuance of a notice
requiring the respondent to file an opposition within five days from
service. It shall further order service of (1) the notices to file opposition
and of dates of the preliminary conference and hearing, (2) the
protection order, and (3) copy of the petition, upon the respondent by
the court sheriff, or any person authorized by the court, who may obtain
the assistance of law enforcement officers.
(d) Assisting the offended party in obtaining medical treatment,

including transportation to a medical clinic or hospital; and
(e) Assisting the offended party in removing essential personal effects
from the residence.
SEC. 16. Notice where no temporary protection order is issued ex

parte. - Where no temporary protection order is issued ex parte, the
HUMAN RIGHTS
The law enforcement officer shall submit a written report to the court
within twenty-four hours from receipt setting forth compliance with
42
such order.
paper and other pleadings;
SEC. 19. Duties of social worker. - The social worker assigned by the
court shall assist the petitioner seeking a protection order by:
(c) Dilatory motion for postponement;

(d) Motion for a bill of particulars;
(a) Preparing a case study and a program of intervention for the

offended party, including her children, and referring them to DSWD
havens, crisis intervention centers and private entities rendering
appropriate social services;
(e) Third-party complaint;
(b) Formulating a safety plan which shall be approved by the court; and
(g) Motion to declare the respondent in default;
(c) Monitoring the measures indicated in the protection order.
(h) Intervention;
SEC. 20. Opposition to petition. - (a) The respondent may file an

opposition to the petition which he himself shall verify. It must be
accompanied by the affidavits of witnesses and shall show cause why a
temporary or permanent protection order should not be issued.
(i) Memorandum;
(b) Respondent shall not include in the opposition any counterclaim,

cross-claim or third-party complaint, but any cause of action which
could be the subject thereof may be litigated in a separate civil action.
(k) Motion for new trial, or for reconsideration of a protection order, or

for reopening of trial; and
(f) Reply;
(j) Petition for certiorari, mandamus or prohibition against any

interlocutory order issued by the court;
(I) Petition for relief from judgment.
SEC. 21. Effect of failure to file an opposition. - If the respondent fails

to file an opposition to the petition within the period above provided,
the court, motu proprio or on motion of the petitioner, shall issue the
corresponding order as may be warranted by the facts alleged in the
petition.
SEC. 23. Preliminary conference. (a) When conducted. - A preliminary conference, which is mandatory,
shall be held on the date indicated in the notice.
SEC. 22. Prohibited pleadings and motions. - The following pleadings,

motions or petitions shall not be allowed:
(b) Notice.The notice shall be served the parties, including the

offended party, who shall be required to notify their respective counsels,
if any. The parties shall appear in person at the preliminary conference
and submit their position papers setting forth the law and the facts relied
upon by them.
(a) Motion to dismiss the petition except on the ground of lack of

jurisdiction over the subject matter or over the parties;
(b) Motion for extension of time to file opposition, affidavit, position
HUMAN RIGHTS
43
(c) Nature and purpose.The court shall consider:
(1) If the petitioner fails to appear personally, the petition shall be

dismissed unless the counsel or a duly authorized representative of the
petitioner appears in court and gives a justifiable reason for the nonappearance of the petitioner; however, if the petition is filed by a person
other than the offended party, it shall not be dismissed if the offended
party is present and does not agree to its dismissal.
(1) The propriety of issuing a protection order. The court shall not deny
the issuance of a protection order due to the lapse of time between the
act of violence and the filing of the petition, subject to Section 24, R.A.
No. 9262. The issuance of a barangay protection order or the pendency
of an application for a barangay protection order shall not preclude a
petitioner from applying for, or the court from granting, a protection
order;
(2) If the respondent appears without counsel, the court shall not
reschedule or postpone the conference but shall appoint a lawyer for the
respondent and immediately proceed therewith; and
(2) The simplification of the issues; and

(3) If the respondent has filed his opposition but fails to appear despite
proper notice; the petitioner shall be allowed to present evidence ex
parte. The court shall then render judgment on the basis of the pleadings
and evidence on record.
(3) Such other matters as may aid in the prompt disposition of the
petition.
The court shall not refer the case or any issue thereof to a mediator,
SEC. 24. Protection order issued after preliminary conference. Within five days after the termination of the preliminary conference, the
court may issue a protection order, based on the pleadings and
stipulations or admissions made by the parties.
(d) Prohibited compromise.The court shall not allow compromise on

any act constituting the crime of violence against women and their
children and other prohibited matters, such as the following:
(1) The civil status of persons;
SEC. 25. Order for further hearing. - In case the court determines the
need for further hearing, it may issue an order containing the following:
(2) The validity of a marriage, declaration of nullity or annulment of a

marriage or of a legal separation;
(a) Facts undisputed and admitted;

(b) Factual and legal issues to be resolved;
(3) Any ground for declaration of nullity or annulment of a marriage or

of legal separation;
(c) Evidence, including objects and documents that have been marked
and will be presented;
(4) Future support;
(d) Names of witnesses who will be ordered to present their direct

testimonies in the form of affidavits; and
(5) The jurisdiction of courts; and

(6) Future legitime.
(e) Schedule of the presentation of evidence by both parties which shall

be done in one day, to the extent possible, within the 30-day period of
(e) Effect of failure to appear.

HUMAN RIGHTS
44
the effectivity of the temporary protection order issued.
order shall not order, direct, force or in any way unduly influence the
applicant for a protection order to compromise or abandon any of the
reliefs sought in the petition for protection under the law and this Rule.
Failure to comply with this section shall render the judge
SEC. 26. Hearing. (a) Rule applicable. - The Revised Rule on Summary Procedure shall
apply as far as practicable.
SEC. 28. Availability of live-link television to eyewitnesses or victims. (a) The testimony of a child, as an eyewitness or an offended party in an
act of violence against women and their children, may be taken by livelink television. The application for an order for live-link testimony, the
factors to be considered by the court in granting or denying the use of
live-link television and the procedure involved in the actual taking of
the testimony shall be followed as provided for in Section 25 of the
Rule on Examination of a Child Witness.
(b) Period to hear petition.The court shall, to the extent possible,

endeavor to conduct in one day the hearing en the merits for the
issuance of a permanent protection order. Where the court is unable to
finish the hearing within one day and the temporary protection order
issued is due to expire, it may extend or renew the temporary protection
order for a period of thirty days each time until final judgment is
rendered. The court may modify the extended or renewed temporary
protection order as may be necessary to meet the needs of the parties.
(b) The testimony of an adult female, victim of violence, may likewise

be taken by live-link television, if it appears that she would suffer
trauma if she were to testify in the presence of the; offender or
perpetrator.
(c) Evidence of history of abusive conduct.The court may allow the

introduction of any evidence of history of abusive conduct of a
respondent even if the same was not directed against the victim,
provided the same is relevant.
SEC. 29. Period to decide. - (a] The court shall decide the petition
within thirty days after termination of the hearing on the merits.
(d) Exclusion of persons from courtroom.The court may order the

exclusion from the courtroom of all persons who do not have a direct
interest in the case. Such an order may be made if the court determines
on the record that requiring a party to testify in open court:
(b) Where no hearing has been conducted, the court shall decide the
petition within ten days after the termination of the preliminary
conference.
(1) would not enhance the ascertainment of truth;
SEC. 30. Judgment. - If the court finds the petition meritorious, it shall
render judgment granting the offended party permanent protection
against acts of violence and such other necessary reliefs provided in
Section 11 of this Rule. The court shall not deny the issuance of a
permanent protection order due to the lapse of time between the act of
violence and the filing of the petition, subject to Section 24, R.A. No.
9262. The judgment shall be immediately executory.
(2) would cause the party psychological harm or inability to effectively

communicate due to embarrassment, fear or timidity;
(3) would violate the right of a party to privacy; or
(4) would be offensive to decency or public morals.
SEC. 31. Appeal. - Any aggrieved party may appeal by filing a notice of
SEC. 27. Prohibited acts. - The court hearing a petition for a protection
HUMAN RIGHTS
45
appeal with the court that rendered the final order or judgment within
fifteen days from notice and serving a copy thereof upon the adverse
party. The appeal shall not stay the enforcement of the final order or
judgment.
(b) Where the offended party chooses to file a civil action for damages,
the petition for protection order is deemed instituted with the civil
action.
SEC. 35. Prosecution of civil action for damages. - The civil action for
damages shall be governed by the 1997 Rules of Civil Procedure.
However, the offended party cannot recover the same damages twice for
the same act or omission.
Part II
APPLICATION FOR PROTECTION ORDER AS AN INCIDENT
IN A CRIMINAL OR CIVIL ACTION AND OTHER REMEDIES
SEC. 36. Prosecution of criminal action. - An act of violence covered

by R.A. No. 9262 constituting a criminal offense shall subject the
offender to criminal proceedings, which shall be governed by the
Revised Rules of Criminal Procedure.
SEC. 32. Applicability to applications for protection orders filed as

incidents in civil or criminal cases. - The foregoing provisions shall
also apply to applications for protection orders filed as incidents in
criminal or civil actions.
Where the judgment of conviction declares that the guilt of the accused
has been proved beyond reasonable doubt, the permanent protection
order shall issue as a matter of course.
SEC. 33. When petition may proceed separately from or be deemed

instituted with criminal action. - (a) An offended party may file a
petition for protection order ahead of a criminal action arising from the
same act. The same shall proceed separately from the criminal action
and shall require only a preponderance of evidence. Upon motion of the
petitioner, the court may consolidate the petition with the criminal
action.
Where the judgment of acquittal declares that the quantum of evidence

is not enough to sustain a conviction beyond reasonable doubt, the court
shall determine whether or not to issue a permanent protection order.
Where the judgment of acquittal expressly declares that the basis of the
offender's criminal liability did not exist, a permanent protection order
shall not issue. A temporary protection order that may have been earlier
issued shall be dissolved.
(b) Where the offended party chooses to file a criminal action, the
petition for protection order is deemed instituted with the criminal
action, unless the offended party reserves the right to institute it
separately.
SEC. 37. Bond to keep the peace. - The court may also order any
person, against whom a permanent protection order is issued, to give a
bond to keep the peace. It shall be the duty of said person to present two
sufficient sureties who shall undertake that such person will not commit
the violence sought to be prevented, and that in case such violence is
committed they will pay the amount determined by the court in its
judgment. The court in its discretion shall fix the duration of the bond.
SEC. 34. When petition may proceed separately from or be deemed

instituted with the civil action for damages. - (a) An offended party
may file a petition for protection order ahead of a civil action for
damages arising from the same act. The same shall proceed separately
from the civil action and shall require only a preponderance of evidence.
Upon motion of the petitioner, the court may consolidate the petition
with the civil action.
Part III
HUMAN RIGHTS
46
COMMON PROVISIONS
observe the following rules on venue:
SEC. 38. Reproduction of evidence. - An order granting the issuance of

a permanent protection order is without prejudice to a trial on the merits
of the criminal or civil action involving violence against women and
their children. The evidence adduced during the hearing for the issuance
of a permanent protection order may, upon motion, be reproduced in the
criminal or civil action without prejudice to the cross-examination of
witnesses and presentation of additional evidence.
(a) where the parties reside, in the same barangay, the dispute shall be
brought for settlement in said barangay;
SEC. 39. Jurisdiction and venue for criminal actions or civil actions. The Family Court shall have original and exclusive jurisdiction over
cases of violence against women and their children regardless of the
amount of damages claimed. The action may also be filed with the
appropriate regional trial courts in places where there are no Family
Courts, at the option of the offended party.
(c) disputes arising at the workplace where the contending parties are
employed or at the institution where such parties are enrolled for study,
shall be brought in the barangay where such workplace or institution is
located; and
(b) where the parties reside in different barangays in the same city or
municipality, the dispute shall be settled in the barangay where the
respondent or any one of the respondents actually resides, at the choice
of the complainant;
(d) any objection relating to venue shall be raised before the Punong
Barangay during the proceedings before him. Failure to do so shall be
deemed a waiver of such objections.
SEC. 40. Privacy and confidentiality of proceedings. - All hearings of

cases of violence against women and their children shall be conducted
in a manner consistent with the dignity of women and their children and
respect for their privacy.
SEC. 42. Where to file complaint for violation of a barangay

protection order. - A complaint for violation of a barangay protection
order may be filed with any metropolitan trial court, municipal trial
court in cities, municipal trial court or municipal circuit trial court that
has territorial jurisdiction over the barangay which issued the said
protection order.
Records of the cases shall be treated with utmost confidentiality.

Whoever publishes or causes to be published, in any format, the name,
address, telephone number, school, business address, employer or other
identifying information of the parties or an immediate family or
household member, without their consent or without authority of the
court, shall be liable for contempt of court and shall suffer the penalty of
one year imprisonment and a fine of not more than Five Hundred
Thousand (P500,000.00) Pesos.
SEC. 43. Procedure. - (a) The complaint shall be accompanied by

affidavits and other evidence proving the alleged violation;
(b) Upon receipt of the complaint, the court shall issue an order
requiring the accused to submit within five days his counter-affidavit,
the affidavits of his witnesses and other evidence in his behalf;
Part IV
BARANGAY PROTECTION ORDER
(c) If the court, upon a consideration of the complaint, the counteraffidavits of the accused and other evidence submitted by the parties,
finds no cause or ground to hold the accused for trial, it shall order the
SEC. 41. Venue. - Applications for barangay protection orders shall

HUMAN RIGHTS
47
dismissal of the case; otherwise, it shall set the case for arraignment and
trial;
(d) Violation of a barangay protection order shall be punishable by
imprisonment of thirty days without prejudice to any other criminal or
civil action that the offended party may file for any of the acts
committed; and
(e) A judgment of violation of a barangay protection order may be
appealed to the regional trial court whose decision shall be final. An
appeal from a judgment of violation of a barangay protection order shall
not stay the enforcement of a protection order that might have been
issued by the trial court during the trial.
SEC. 44. Issuance of protection order when warranted; contempt of
court for violation. - During trial or upon judgment, the trial court may
motu proprio issue a protection order when warranted. Violation of any
protection order issued under this Section shall constitute contempt of
court punishable under Rule 71 of the Rules of Court, without prejudice
to any other criminal or civil action that the offended party may file for
any of the acts committed.
SEC. 45. Effectivity. - This Rule shall take effect on the 15th day of
November 2004 following its publication in a newspaper of general
circulation not later than 30 October 2004.
HUMAN RIGHTS
48

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ARTICLE II

undergoing training, instruction or education. Towards this end, all

DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 3. Work, Education or Training -Related, Sexual Harassment

(a) In a work-related or employment environment, sexual harassment is

(1) The sexual favor is made as a condition in the hiring or in the

REPUBLIC ACT No. 7877

Be it enacted by the Senate and House of Representatives of the

(3) The above acts would result in an intimidating, hostile, or offensive

Section 1. Title. - This Act shall be known as the "Anti-Sexual

(b) In an education or training environment, sexual harassment is

Section 2. Declaration of Policy. - The State shall value the dignity of

(2) Against one whose education, training, apprenticeship or tutorship is

(b) Create a committee on decorum and investigation of cases on sexual

In the case of a work-related environment, the committee shall be

(4) When the sexual advances result in an intimidating, hostile or

In the case of the educational or training institution, the committee shall

Section 4. Duty of the Employer or Head of Office in a Work-related,

The employer or head of office, educational or training institution shall

(a) Promulgate appropriate rules and regulations in consultation with

or training environment if the employer or head of office, educational or

Administrative sanctions shall not be a bar to prosecution in the proper

Section 6. Independent Action for Damages. - Nothing in this Act shall

Section 7. Penalties. - Any person who violates the provisions of this

Act shall, upon conviction, be penalized by imprisonment of not less

Republic Act No. 6955

June 13, 1990

AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF

Be it enacted by the Senate and House of Representatives of the

Section 2. Pursuant thereto, it is hereby declared unlawful:

Republic of the Philippines

(2) To advertise, publish, print or distribute or cause the advertisement,

(3) To solicit, enlist or in any manner attract or induce any Filipino

(4) To use the postal service to promote the prohibited acts in

Republic of the Philippines

Section 3. In case of violation of this Act by an association, club,

Republic Act No. 9710

AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

Section 5. Nothing in this Act shall be interpreted as a restriction on the

Section 2. Declaration of Policy. - Recognizing that the economic,

Section 6. All laws, decrees, orders, instructions, rules and regulations,

August 14, 2009

entails the abolition of the unequal structures and practices that

programs, projects, and services. It shall support policies, researches,

The State condemns discrimination against women in all its forms

Human rights are interdependent and interrelated. The fulfillment of one

The State, in ensuring the full integration of women's concerns in the

States and other duty-bearers are answerable for the observance of

before a competent court or other adjudicator in accordance with the

suffered the greater adverse effects of those measures or practices.

(c) "Marginalization" refers to a condition where a whole category of

(a) "Women Empowerment" refers to the provision, availability, and

(d) "Marginalized" refers to the basic, disadvantaged, or vulnerable

(b) "Discrimination Against Women" refers to any gender-based

It includes any act or omission, including by law; policy, administrative

(2) "Fisherfolk" refers to those directly or indirectly engaged in taking,

aquaculture, vendors and processors of fish and coastal products, and

and culture, became historically differentiated from the majority of