Human Rights Law Against Gender-Based Violence The Anti-Rape Law of 1997

JHON REY SUMAMPONG
HUMAN RIGHTS LAW AGAINST GENDER-BASED VIOLENCE

The Anti-Rape Law of 1997
RA 8353 states that any person having carnal knowledge of a woman through force, threat, or
intimidation or by means of fraudulent machination or grave abuse of authority will be
punished.
Depending on the severity of the case, the offense may be punishable reclusion perpetua or life
imprisonment.
Anti-Violence Against Women and Their Children Act of 2004
RA 9262, or An Act Defining Violence Against Women and Their Children, Providing Protective
Measures for Victims, Prescribing Penalties Therefor and for Other Purposes, recognizes the
need to protect the family and its members particularly women and children, from violence and
threats to their personal safety and security.
Under this law, 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.
Magna Carta of Women
RA 9710 is a comprehensive women's human rights law that seeks to eliminate discrimination
through the recognition, protection, fulfillment, and promotion of the rights of Filipino women,
especially those belonging in the marginalized sectors of the society.
It conveys a framework of rights for women based directly on international law.
Pursuant to this law is Executive Order 273 that states the approval and adoption of Philippine
Plan for Gender-Responsive Development, 1995-2025.
Anti-Sexual Harassment Act of 1995
RA 7877 addresses the issue of sexual harassment committed in employment, education or
training environment. It was signed into law on February 14, 1995, under former President Fidel
Ramos' administration.
Sexual favors made as a condition in the employment or granting 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 or diminish employment opportunities or
otherwise adversely affect is punishable by law.
Prohibition on Discrimination Against Women
RA 6725 prohibits discrimination with respect to terms and conditions of employment solely on
the basis of sex.
Under this law, any employer favoring a male employee over a female in terms of promotion,
training opportunities, and other benefits solely on account of sex is considered discrimination.
JHON REY SUMAMPONG
Rape Victim Assistance and Protection Act of 1998

RA 8505 declares the policy of the State to provide necessary assistance and protection for rape
victims.
The government shall coordinate its various agencies and non-government organizations to
work hand in hand for the establishment and operation of a rape crisis center in every province
and city that shall assist and protect rape victims in the litigation of their cases and their
recovery.
EXAMPLE CASES
#1
The Chiong Murders (1997)
The Chiong murder case is one of the most controversial rape-slay cases in the Philippines
because of the amount of publicity it gained. Rumors surrounded the case, including one that
claims that the sisters were not murdered, but are actually still alive and living in Canada.
Another strange twist in the case is the seemingly solid alibi of the lead suspect in the case.
On July 17, 1997, sisters Marijoy and Jacqueline Chiong went missing. According to the
prosecution, Jacqueline and Marijoy were waiting for a ride home when they were forced into a
car at about 10 p.m. on July 16, 1997 at the Ayala Center Cebu.
According to the Chiong family, Marijoy and Jacqueline were brought to a house in Barangay
Guadalupe, Cebu City, where they were raped. Then, they were transported to Carcar, where
they were again raped. Two days later, Marijoy's body, bruised and raped, was found at the
bottom of a ravine in Carcar. Jacqueline's remains are missing to this day.
For some reason, the prosecution identified Francisco “Paco” Larrañaga, as the mastermind of
the crime. In 2004, Larrañaga, along with six other men, were convicted of raping and
murdering the Chiong sisters.
But Larrañaga had an ironclad alibi: he was not in Cebu but in Quezon City the whole time,
attending his classes in school. The school logs actually show his attendance, which was
corroborated by his classmates and teachers. He even answered an exam.
Give Up Tomorrow (2011) is an award-winning documentary that purports to show how the
trials, from the lower court to the Supreme Court, were mishandled, and how the state witness
for the prosecution was unreliable. Despite the seeming lack of evidence, Larrañaga and six
other men were placed on Death Row.
Larrañaga holds dual citizenship as a Spanish-Filipino. He was extradited to for Spain in 2009,
and has since sought help from the entire European Union for his case. Spain’s royal family
JHON REY SUMAMPONG
appealed to the Philippines to admit a mistrial, while the Spanish government and the
European Union lobbied for the Philippines to declare Larrañaga and his co-accused innocent.
Some people consider Paco Larrañaga lucky that he is a citizen of the powerful and influential
European Union, but for the six of his co-accused, they remain in prison to this day.
Victim: Marijoy and Jacqueline Chiong
Penetrator: Francisco “Paco” Larrañaga
Violation: Rape
JHON REY SUMAMPONG
CASE #2
MANILA, Philippines – Police arrested in Marikina City a spa manager accused of sexually
abusing a minor and threatening to post their sex video on social media if she refused to meet
him again.
Chief Inspector Benigno Meneses, head of the Eastern Police District-Criminal Investigation and
Detection Group (EPD-CIDG), said they arrested in an entrapment operation Charles Morrison,
43, Monday afternoon in Barangka, Marikina City.
Meneses said the operation was in coordination with the 14-year-old victim, who filed a
complaint against the suspect on September 27. The minor was accompanied by her father to
the police station.
In her affidavit, the victim said a classmate introduced her to to Morrison, whom she described
as a spa manager. She alleged that he forcibly took her to motel in Pasig City where he sexually
abused her on September 25.
A day after the incident, Morrison sent the victim text messages asking to meet her again, and
when she refused, he threatened to post on social media the sex video he had taken in the
motel room the day before. She told police she was not aware that the suspect taped the
incident inside the motel.
The victim said she decided to go to police when the suspect sent screenshots of the video to
some of her classmates.
It was the operatives of the EPD-CIDG which set up her "meeting" with Morrison at Riverbanks
Mall in Marikina.
When the suspect saw the police, he tried to drive away, but because of the heavy traffic,
Morrison was cornered by cops near the boundary of Marikina City and Quezon City.
Seized inside his vehicle were two sex toys, 5 pieces of lubricants, a sachet of shabu, an
improvised tooter, and other drug paraphernalia. – Rappler.com
Victim: 14-year-old victim
Penetrator: Charles Morrison, 43
Violation: Child Abuse and Blackmailing

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JHON REY SUMAMPONG

HUMAN RIGHTS LAW AGAINST GENDER-BASED VIOLENCE

Rape Victim Assistance and Protection Act of 1998

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