Lesson Number: Lesson 10 (Week 10)

Topic: (Gender-Based Violence (GBV): Survivor, Victim, Perpetrator, Human

Rights, Power, Use of Force, and Consent)
Introduction:
Gender-based is one of the most widespread and human rights abuses, but
honestly it is the least recognized in the world. Gender – based violence has great
impact not only for victims, but also for society as a whole. (Sigal et.al 2013) This type
of abuse results in physical, sexual, and psychological harm to both men and women
and includes any form of violence or abuse that targets men and women on the basis of
their sex.
In the Philippines, gender-based violence has clearly been placed into realm of
women’s human rights over many years. This chapter would provide us an idea which
we could carry all over our life. At the same time, serves as your basis in fighting for our
right whenever this violence happens not only to you but some people especially your
love ones.
LESSON PRESENTATION
An umbrella term for any harmful act that is perpetrated against a person's will
(WITHOUT CONSENT), and that is based on socially ascribed (gender) differences
between males and females.

Why do we use the term “gender-based violence?

Because the term attempts to define the NATURE of the violence and suggests
that in order to address VIOLENCE, it is necessary to address issues of GENDER that
cause and contribute to the violence.
Gender-based violence is a rampant problem deeply rooted in gender
inequality/biases and continues to be one of the most notable human rights violations
within all societies. GBV (Gender-based violence) is violence directed against a person
because of his / her gender. Both men and women experience gender-based violence,
but most victims are women and girls because they are weaker than men. Gender-
based violence and violence against women are often used interchangeably, as it has
been widely known that most gender-based violence is inflicted on women and girls by
men. It includes physical, sexual, verbal, emotional, and psychological abuse, threats,
coercion, and economic or educational deprivation, whether occurring in public or
private life.
However, using the ‘gender-based’ aspect is necessary as it focuses on the fact that
many forms of violence against women are embedded in power inequalities/biases
between women and men.

Types of GBV (Gender-Based Violence)

 SEXUAL - Harassment, rape, sodomy, attempted rape, marital rape, sexual
abuse, exploitation, child sex abuse and exploitation, sexual abuse (non-
penetrating), forced prostitution (willing – but involuntary), child prostitution; sex
trafficking.
 PHYSICAL - Spouse beating /domestic violence, assault, and other physical
violence (gender-based).
 EMOTIONAL – MENTAL – SOCIAL - Verbal/emotional abuse, humiliation,
discrimination, denial of opportunities and services, spouse confinement
(domestic violence).
 HARMFUL TRADITIONAL PRACTICES - Fit into the 3 main categories. FGM,
early / forced marriage, honor killings, dowry abuse, widow ceremonies,
punishments directed at women for crimes against culture, denial of education,
and or food for girls/women due to gender role expectations.
 Domestic Violence - This includes physical attacks, sexual assault, name-
calling, intimidation, threats, attacks on property, etc.

Sexual Exploitation and Abuse

 Sexual exploitation is an actual or attempted abuse of a position of
vulnerability, differential power, or trust for sexual purposes, including, but not
limited to, profiting monetarily, socially, or politically from the sexual exploitation.
Exchanging money, shelter, food, or other goods for sex or sexual favors from
someone in a vulnerable position is sexual exploitation.
  Sexual abuse is the actual or threatened physical intrusion of a sexual nature,
whether by force or under unequal or coercive conditions. Threatening or forcing
someone to have sex or provide sexual favors under unequal or forced conditions
is sexual abuse.

Root Causes and Contributing Factors

The root causes of all forms of GBV lie in a society’s attitudes towards and
practices of gender discrimination. Addressing the root causes through prevention
activities requires sustained, long term action with change occurring slowly over a long
period of time.
 Abuse of Power
 Gender inequality
 Lack of belief inequality of human rights for all
Contributing factors perpetuate GBV or increase the risk of GBV and influence the
type and extent of GBV in any setting. Contributing factors do not cause GBV, although
they are associated with some acts of GBV.
• Alcohol/drug abuse
• Poverty
• Conflict
• Availability of food; fuel; wood; income generation
• Collapse of traditional society and family support system

https://www.paho.org/hq/dmdocuments/2010/GBV_humanitarian_settings.pdf
Gender-Based Violence: CONSEQUENCES OF GENDER-BASED VIOLENCE
1. Health Consequences include unwanted pregnancies, complications from
unsafe abortions, sexually transmitted infections including HIV, injuries, mental
health, and psychological effects. At the same time, this affects children's
survival, development, and school participation.
2. Social Consequences – this is possible to extend to families and
communicates. Families can also be stigmatized as a consequence of GBV. For
example, when children are born following a rape or family members choose to
stand by a survivor, their community members may avoid them.
3. Economic Consequences – this includes the cost of public health and social
welfare system and the reduced ability of many survivors to participate in social
and economic life.
Survivor is the preferred term (not victim) of a person who has lived through an
incident of gender-based violence. A perpetrator is a person, group, or institution that
inflicts, supports, or condones violence or other abuse against a person or group.

Characteristics of perpetrators:
 Persons with authority;
 Persons in decision-making positions;
 Persons with real or perceived power

Gender-Based Violence: Human Rights

Human Rights are universal. Everyone is entitled to all the rights and freedoms
without distinction of any kind such as race, color, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status.

What are the specific constitutional and legislative provisions regarding

Violence Against Women (VAW) in the Philippines?
https://psa.gov.ph/sites/default/files/attachments/aodao/article/QandA_Constitutional%20and%20Legislative%20Provisions%20on%20Violence%20Against%20Women.pdf

1.1 The 1987 Philippine Constitution

The protection of the human rights of all Filipinos is contained in the Philippine
 Constitution. Among its salient provisions in Article II, Section 14, which provides
that "the state recognizes women's role in nation-building and shall ensure the
fundamental equality before the law of women and men.
1.2 Anti-Mail Order Bride Law (Republic Act 6955)
The law declares unlawful the matching of Filipino mail-orders brides to
foreigners. It penalizes the business of matching Filipino women for marriage to
foreign nationals either through the personal introduction and advertisement,
publication, printing or distribution of brochures and flyers, through membership
in clubs created for matching Filipinas to foreign nationals and, through the use
of the postal service.
1.3 Anti-Sexual Harassment Act of 1995 (Republic Act 7877)
The law makes incidents involving unwelcome sexual advances, requests for
sexual favors, or other verbal or physical conduct of sexual nature, made directly
or indirectly in the employment, education, or training environment unlawful.
Sexual harassment is about abusing power relations – using one's power to
extract sexual favors.
1.4 Anti-Rape Law of 1997 (Republic Act 8353)
The law reclassifies rape as a crime against persons, defining it as a public rather
than a private crime. It recognizes marital rape and questions the notion of
sexual obligation in marriage. It also notes that rape happens even without
penetration and objects constituting sexual assault, which is also considered a
form of rape. The law also increased the penalties against rape.
1.5 Rape Victims Assistance and Protection Act of 1998 (Republic Act
8505)
The law provides assistance and protection to rape victims, establishes for the
purpose a rape crisis center in every province and city, and authorizes the
appropriation of funds for the establishment and operation of the rape crisis
center. Aside from the provision of services, capacity building/training is also
mandated for the law enforcement officers, public prosecutors, lawyers, medico-
legal officers, social workers, and barangay officials on human rights and their
responsibilities, gender sensitivity, and legal management of rape cases.
1.6 Anti-Trafficking in Persons Act of 2003 (Republic Act 9208)
 The law defines trafficking in person in terms of the acts, means, and purposes
of trafficking. The trafficked person is considered a victim; thus, she/he should
be provided protection and support services by the state. Government agencies
are mandated to provide services to the trafficked persons at the international,
national, and local levels for his/her early recovery and reintegration.
1.7 Anti-Violence Against Women and Their Children Act of 2004 (Republic
Act 9262)
The law defines violence against women and their children as a public crime. It
provides for the security of the woman-complainant and her children through the
availment of the barangay, temporary or permanent protection orders. It also
identifies the duties of barangay officials, law enforcers, prosecutors, court
personnel, social welfare, health care providers, and the LGUs to provide the
necessary protection and support of VAWC victims.
The Anti-Violence Against Women and their Children Act of 2004 is in keeping
with the fundamental freedoms guaranteed under the constitution, 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 which the Philippines is a party. The
forms of VAW addressed are physical, sexual, psychological, and economic
abuse.
1.8 Article 245 of the Revised Penal Code (Republic Act 3815)
The law provides that abuse against chastity is committed by any public officer
who shall solicit or make immoral advances to a woman interested in matters
pending before such office for the decision, or with respect to which he is
required to submit a report to or consult with a superior officer; or by any
warden or other public officer directly charged with the care and custody of
prisoners or persons under arrest who shall solicit or make immoral or indecent
advances to a woman under his custody. A penalty of prison correctional in its
medium and maximum periods and temporary special disqualification shall be
imposed on the offender.

Gender-Based Violence: Power

 Perpetrators can have real or perceived powers. Examples of different types of
power:
 Social – peer pressure, bullying, leader, teacher, parents
 Economic – the perpetrator control money or access to goods/service/money
favors; sometimes the husband or father
 Political – elected leaders
 Physical – controlling access or security, soldiers, police
 Gender-based – males are usually in a more powerful position than female
 Age-related – often, the young and elderly people have the least power.

Power is directly related to choice. The more power the person is, the more choices
available. The less power the person has, the fewer choices are available. In only
indicates that unempowered people have fewer choices and are, therefore, more
vulnerable to abuse.

Gender-Based Violence: Force / Violence

Force might be physical, emotional, social, or economic. It may involve coercion or
pressure. Intimidation, persecution, threats, and other forms of psychological or social
pressure are examples of force. The target of such violence is compelled to behave as
expected or to do what is being requested for fear or real and harmful consequences.
On the other hand, violence consists of physical force or other means of coercion like
threat or promise of a benefit to obtain something from a weaker or more vulnerable
person. This involves forcing someone to do something against his/her will.

Gender-Based Violence: Consent

Consent means saying “yes” agreeing to something. Informed consent means making
an informed choice freely and voluntarily by persons in an equal power relationship.

SUMMARY
We cannot deny the reality that many of us experienced Gender-Based Violence.
Based on observations, people who experienced this kind of problem greatly affect their
whole being. Gender-based violence is a rampant problem deeply rooted in gender
inequality/biases and continues to be one of the most notable human rights violations
within all societies. GBV (Gender-based violence) is violence directed against a person
because of his / her gender. To avoid such cases, one must show respect and employ a
sense of equality between others.
Course Code and Title: SSPE – Gender and Society
Lesson Number: Lesson 11 (Week 11)
Topic: Women and The Law
Introduction:
In the early history, women were not given priority because they were considered
as weaker than men. Considering the unequal gender relations in the country, the
Constitution further provided for women representation. These provisions served as
bases to several legislations about women. As a result, laws of women became aplenty,
anchored from the constitutional provisions. The lack or sufficiency of these provisions
depends on the existing and current need of the country.
This lesson discusses about the different Philippine Laws affecting women and
their rights.
LESSON PRESENTATION
In this generation, it is empirical that men and women already have equal rank
and responsibilities in the family or society they belong. In today's world/society,
egalitarian is being practiced all around the world, wherein ranks of both men and
women are already the same. On the latter part, the 1987 Constitution. Article 13
Section 14 specifically mentioned that the “State shall protect working women by
providing safe and healthful working conditions, taking into account their
maternal functions, such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the service of the nation.”

Definition of Terms:
 The 1987 Constitution – the fundamental law of the country upon which all
the laws are anchored or based on;
 Magna Carta of women – the main law enshrining all the rights of women and
their roles in building the nation; and,
 Nation Building - collaborative efforts and means to establish and develop the
country.
VARIOUS LAWS PROMOTING GENDER EQUALITY:
The legal framework provided for by the 1987 Constitution resulted to various
legislations promoting gender equality. As citizen, these laws should always be
remembered since they are just basic laws regarding women’s right and women
empowerment. As such, these rights are very essential to the Philippine society as this
ensures inclusive growth and development of our country.
 Local Government Code 1991. Provides for the election of sectoral
representation, including women in local legislative council.
 Part List Law. Provides for the creation of women – oriented parties to
compete under the party-list system.
 Labor Code (1989). Covers issues / prohibitions such as:
o night work prohibition, specifies that employees must provide special
facilities for women;
o discrimination against women in respect to terms and conditions of
employment;
o discrimination by reason of marriage of a woman worker.
 Women in Nation Building Law. Republic Act 7192 (1991) is an act
promoting the integration of women as full and equal partners of men in the
development and nation-building. It also encourages the full participation and
involvement of women in the development process and to remove gender bias in
all government regulations and provisions.
 1988 Comprehensive Agrarian Reform Law. Gave Filipino women to own a
land.
 Anti – Sexual Harassment Law. RA 7877 (1995). An act declaring sexual
harassment to be unlawful in the employment, education, or training
environment.

NATIONAL PROGRAMS
Based on the Philippine laws stated, initiatives and processes on the gender
challenge arose. This projects include the following:
 Philippine Plan for Gender Responsive Development (1995 – 2025). It
 consolidates the action commitments of the Philippines. Overall frame that is also
the point of reference for the discussions and monitoring of gender
mainstreaming. At the same time, lays out development goals and strategies that
will make gender equity innate in public programs and policies.
 Gender and Development Budget (GAD). Refers to the development
perspective and process that is 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
and contends that women are active agents of development, not just passive
recipients of development.
 Framework Plan Women (FPW). It focuses on the 3 areas namely: (1)
promoting women’s economic empowerment; (2) advance and protect women
human rights; (3) promote gender responsive governance. This pan identifies the
concrete gender issues that will be addressed for monitoring and evaluation.

WOMEN’S RIGHT TO PARTICIPATE:

https://www.usaid.gov/what-we-do/gender-equality-and-womens-empowerment/addressing-gender-programming/strengthening-
womens#:~:text=Women%20have%20the%20right%20to,responsive%2C%20egalitarian%2C%20and%20democratic.

Women have the right to participate in political processes that affect them, their
families, and their societies. Countries with increased women’s participation and
leadership in civil society and political parties tend to be more inclusive, responsive,
egalitarian, and democratic. In the Philippines, women’s right to vote was granted in
1937. The Constitution of 1935 stipulated that the right of suffrage would be extended
to women. At present, women’s right to vote and participate are maintained and further
protected by existing laws at hand.

WOMEN’S INVOLVEMENT IN CIVIL SOCIETY

According to the Civil Society Organizations (CSOs), women's civil society
organizations and non-governmental organizations play a critical role in realizing change
and commitments to Women, Peace and Security.
Group of Women:
 PILIPINA feminist movement;
 Militant GABRIELA;
 Ugnayan ng Kababaihan sa Pulitika (UKP-Network of Women in Politics);
 KILOS KABARO (Act of Sisters Coalition);
 SIBOL Legislative Network that have trail blazed women advocacies in both
politics and legislations;
Along with other women groups and gender oriented institutions, they have succeeded
in raising gender-specific issues such as (domestic violence, prostitution, reproductive
health, sexual harassment, and rape. Intense lobbying efforts of women’s groups
resulted in the passage of several landmark laws, like (anti sexual harassment law in
1995 and the anti-rape act in 1997).

WOMEN AND EDUCATION:

The Philippine Educational System is a combination of public and private
institutions with the State providing free education for elementary and secondary levels.
The constitution provides without limiting the natural rights of parent to rear their
children, elementary education is compulsory for all children of school age (Article VIX,
Section 2).
There is no general discrimination of girls in education, thus there is no marked
difference existing in the educational status of Filipino men and women. One glaring
issues is gender stereotyping of the fields of study and specialization and latter were
men generally occupy the highest occupational ranks and the highest paying positions.
Women’s larger responsibility for housework and for the family impedes their
ability to use their educational training and skills for remunerative work.
SUMMARY
In great quantities, laws in Filipino women are from the fundamental law of the
land up to legislations. These laws are essential as they can be springboards of various
national programs, women's involvement, and participation, and occlusion nowadays
are palpable. Their participation in political, social, and cultural responsibilities are
much encouraged. In this generation, it is empirical that men and women already have
equal rank and responsibilities in the family or society they belong. In today's
world/society, egalitarian is being practiced all around the world, wherein ranks of both
men and women are already the same. The notion before that women are weaker than
men was already a part of history because everyone is already given equal opportunity
politically, socially, culturally, and religiously.
Course Code and Title: SSPE – Gender and Society
Lesson Number: Lesson 12 (Week 12)
Topic: “Violence Against Women and Their Children Act” or Republic Act
No. 9262
LESSON PRESENTATION

CASE No.1:
On the night of March 14, 2007, Ricky Dinamling and a friend came from a
drinking session and went to AAA's boarding house. At that time, Dinamling and the
woman AAA were in an ongoing five-year relationship, and they had two common
children (then aged four and two years old). As AAA was putting the two children to
bed, Dinamling started to evict AAA and the children, ordering AAA to pack her things
in a trash bag and a carton box for ducklings. His reason for the eviction was that she
was allegedly using the place as a "whore house" wherein she "brought (her)
partners." AAA initially did not want to leave as she could not carry the children and
their things, but she left when Dinamling threw a baby's feeding bottle outside the
house, causing it to break. She then went to the house of BBB and requested the
latter to fetch her children. When BBB and another friend went for the children,
Dinamling already had left with the older child, and only the baby was left.
In the past, similar incidents happened between Dinamling and AAA, like
hitting AAA's head, pulling her hair, and kicking her. When AAA went to the police,
she was merely told that it was a family problem that could be talked over. Dinamling
was, at that time, a policeman himself.
Six days later, or on March 20, 2007, at around 9:00 p.m., another incident
occurred. AAA was at the house of CCC when Dinamling arrived. He shouted and
counted down for AAA to come out. When she came out, Dinamling punched her at
the left ear, which subsequently bled. When AAA asked him why he kept on following
her when she already had left him, Dinamling shouted her family name and told her
she was "good-for-nothing." AAA left for the barangay captain's house, but Dinamling
caught up with her and kicked her until she fell to the ground. Dinamling pulled down
AAA's pants and panty on the road and shouted at her while people looked on.
Dinamling then threw the pants and panty back at AAA and shouted her family name.
Dinamling, then intoxicated, left on a motorcycle. AAA stayed at her friend's home
until she felt some back pain the next morning. She found out she was bleeding and
about to miscarry, so she was immediately brought to the hospital. There, she was
told that she was 19 weeks pregnant and had an incomplete abortion. She was
hospitalized for four days. Dinamling visited her but showed no remorse over his acts.

Case No. 2:
Rustan courted Irish, and they became "on-and-off" sweethearts towards the
end of 2004. When Irish learned afterward that Rustan had taken a live-in partner
(now his wife), whom he had gotten pregnant, Irish broke up with him.
Before Rustan got married, however, he got in touch with the Irish and tried to
convince her to elope with him, saying that he did not love the woman he was about
to marry. Irish rejected the proposal. Irish changed her cellphone number, but Rustan
somehow managed to get hold of it and sent her text messages. Rustan used two
cellphone numbers for sending his messages, namely, 0920-4769301 and 0921-
8084768. Irish replied to his text messages, but it was to ask him to leave her alone.
In the early morning of June 5, 2005, Irish received through multimedia
message service (MMS) a picture of a naked woman with spread legs and with Irish’s
face superimposed on the figure (Exhibit A). The sender’s cellphone number, stated
in the message, was 0921-8084768, one of the numbers that Rustan used.
After she got the obscene picture, Irish got other text messages from Rustan.
He boasted that it would be easy for him to create similarly scandalous pictures of
her. And he threatened to spread the picture he sent through the internet. One of the
messages he sent to Irish, written in text messaging shorthand, read: "Madali lang
ikalat yun, my chatrum ang Tarlac rayt pwede ring send sa lahat ng chatter."

With these cases of violence against women and their children, strong
advocacies regarding women's human rights in the Philippines resulted in the passing
of the Republic Act 9262 or the Anti-Violence against Women and their Children (Anti-
VAWC) Act of 2004. This law became significant for all Filipino women as it was based
on the right of the women to not suffer abuse, discrimination, and violence from their
partners.
The important features of this law include the following:
1. The four kinds of violence against women and children are defined
- the law defined four kinds of violence-physical, psychological, sexual, and
economic-in its effort to encompass all types of abuses inflicted to women and their
children;
2. VAWC is a public crime - the crime is perpetrated not only against a
single individual but against the entire society; thus, anyone who has personal
knowledge of the abuse, violence, or discrimination can file a complaint;
3. Protection orders can be issued against the perpetrator - upon filing
the case, the victim-survivor or anyone who has personal knowledge can apply for a
protection order to enforce distance between her and the perpetrator; and
4. Stronger community mechanism to respond to the cases - various
government agencies are mandated to aptly respond or formulate mechanisms to
respond to reported cases of VAWC immediately.
Protection Orders
A protection order under the Anti-VAWC Law is defined as:
... an order issued… to prevent further acts of violence against a woman and
her child specified in Section of this Act and grant other necessary relief. The relief
granted under a protection order should serve the purpose of safeguarding the
victim, minimizing any disruption in the victim's daily life, and facilitating the
opportunity and ability of the victim to gain control of her life independently."
The protection orders that may be issued under this Act shall include any, some, or
all of the following reliefs:
(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;
(c) Removal and exclusion of the respondent from the residence of the
petitioner,
regardless of the ownership of the residence, either temporarily or
permanently:
(d) Directing the respondent to stay away from the petitioner and designated
family
or household member at a distance specified by the court;
(e) Directing lawful possession and use by petitioner of an automobile and
other
essential personal effects, regardless of ownership;
(f) Granting 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;
(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;
(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;
(j) Directing the DSWD or any appropriate agency to provide petitioner may
need;
(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 the petitioner and any designated family or
household member consents to such relief.

Rights of Victim-Survivor of VAWC Cases

RA 9262 specified the following as rights of the victim-survivors:
“SECTION 35”. Rights of Victims. – In addition to their rights under existing laws,
victims of violence against women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice
(DOJ)
or any public office of legal aid;
(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
(e) To be informed of their rights and the services available to them, including
their right to apply for a protection order."
The victim's right to privacy is also provided in the law, and its violation is punishable
by imprisonment and fine.

Duties of National and Local Government Offices

Section 39 of RA 9262 provides for the creation of the Inter-Agency Council
on Violence against Women and their Children (IAC-VAWC), which shall formulate
gender-sensitive programs and projects according to their respective agency
mandates, including capability building programs for their employees.
The IAC-VAWC consists of the following agencies: DSWD National Commission
on the Role of Filipino Women, Civil Service Commission, Commission on Human
Rights, Council for the Welfare of Children, Department of Justice, Department of
Interior and Local Government, Philippine National Police, Department of Health,
Department of Education, Department of Labor and Employment, and National
Bureau of Investigation.
The implementing rules and regulations of the Anti-VAWC Act state the
following duties and responsibilities of LGUs or the Barangay in addressing VAWC
cases, apart from the issuance of Barangay Protection Orders:
“Section 47. Duties and Functions of Barangay Officials – In order to
eliminate violence against women and their children, barangay officials shall:
a) Undertake an education program on Republic Act No. 9262 and on violence
against women and their children and why it exists, the rights and
remedies of victim-survivors, and the duties of residents and all barangay
officials;
b) Have a family violence prevention program, including peer counseling for men;
c) Support organizing efforts and development programs for women in the
community;
d) Prioritize livelihood projects for victim-survivors;
e) Involve women in the planning and implementation of all programs and projects
in the barangay;
f) Have an anti-VAWC desk officer in the barangay who shall coordinate a one-stop
help desk. As much as possible, this help desk shall be open for 24 hours;
g) Ensure that all barangay officials, barangay health workers, barangay nutrition
scholars, other barangay workers, and tanod or barangay security officers
 undergo gender sensitivity seminars to enable them to respond to
victims of violence;
h) Develop a system to document and report cases of VAWC and assistance
program to victims thereof; and
i) If applicable/necessary, prescribe additional guidelines and standards provided
that these are consistent with the Act.”
The roles of the National and Local Government Units are available in the
implementation of the VAWC Act.
SUMMARY
The VAWC Act is a law protecting women and their children's rights against
abusive relationship partners. This law defines violations in four (4) acts of violence.
This law is considered a public crime, allowing anyone to file a complaint, not only the
victim-survivor. In addition to that, this law gives protection orders distancing the
perpetrator and vice versa for several purposes, with different government agencies'
help. These government agencies are also mandated to provide specific and
immediate mechanisms to respondents, appropriately deliberated to these VAWC
cases.
Course Code and Title: SSPE – Gender and Society
Lesson Number: Lesson 13 (Week 13)
Topic: Laws and Policies on Violence and Discrimination of the Members of
the LGBTQ+
Introduction:
As the fundamental law of the land, the guarantees on equality, lawful
processes, and the paramount consideration on ensuring human dignity and respect for
human rights in these provisions serve as the basis for the protection of the rights of
members of the LGBTQ+.
This lesson discusses salient Philippine Laws and policies for protection of
rights of member of LGBTQ+. Also, it exp0lains the important Anti-Discriminatory Laws
and Policies.

LESSON PRESENTATION
The 1987 Constitution (Equal Protection and Due Process Clause)
"The State values the dignity of every human person and guarantees
full respect for human rights," stated the 1987 Philippine Constitution. In addition to
that, the 1987 Constitution also noted that: "No person shall be deprived of life,
liberty, or property without due process of law, nor shall any person be
denied the equal protection of the laws." (Article 3, Sec1, 1987 Philippine
Constitution)
The 2010 Supreme Court Decision in the “Ang Ladlad” case (Ang Ladlad LGBT
Party vc. Comelec GR 190582 April 8, 2010) considered the breadth of the equal
protection clause in the Constitution. The Court ruled in favor of allowing “Ang Ladlad"
to be party-list reasoning that:
“From the standpoint of the political process, the lesbian, gay, bisexual,
and transgender have the same interest in participating in the party-list system
on the same basis as other political parties similarly situated. Hence, laws of
general application should apply with equal force to LGBTs, and they deserve to
 participate in the party-list system on the same basis as other marginalized and
under-represented sectors.”

Violence and Discrimination

Despite widespread anecdotal evidence of crimes perpetrated against the
LGBTQ+ community in the Philippines, most data on these cases have not undergone
official verification and collation.
In March 2016, the Trans Murder Monitoring Project listed 41 reported cases of
transgender people murdered in the country since 2008.

Case No.1:
On October 11, 2014, Jennifer Laude was brutally killed by Lance Corporal
Joseph Scott Pemberton, a US Marine. In its December 1, 2015 decision, the
Regional Trial Court of Olongapo City ruled that Lance Corporal Joseph Scott Pemberton
was guilty of homicide and not the murder alleged by the prosecution.
Sentencing Pemberton to prison for a period of 10-12 years (later reduced to 10
years after an appeal from the defense), the Court found no criminal intent to kill
because of the presence of two (2) mitigating circumstances, namely passion and
obfuscation, and intoxication. The Court stated that 'in the heat of passion, he arm-
locked the deceased, and dunked his (her) head in the toilet.'
The Court argued that it was the discovery of Jennifer Laude having male
genitalia which 'disgusted and repulsed' Pemberton and caused such heated passion.
Therefore, the Court decided that he had no malicious intent to kill, reducing the
murder charge to one homicide.

The case of Jennifer Laude awakened members of the LGBTQ+ of the violence
and Discrimination impending against them. This awareness and the opinions culled out
must be known to enable critical thinking and sharing thoughts and ideas.

Violence and Discrimination against LGBTQ+ Youth in Education

A. Anti-Bullying Act of 2013 (Republic Act 10627)
Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based bullying as
a prohibited and punishable act. Gender-based bullying is defined as "any act that
humiliates or excludes a person on the basis of perceived or actual sexual orientation
and gender identity (SOGI) (Republic Act No. 10627)
B. Child Protection Policy 2012
In cases where bullying is committed by a Principal, teacher, or any other school
personnel, the law being violated is Department of Education Order No. 40 on Child
Protection Policy. This Policy includes the protection of students from any form of
violence regardless of their sexual orientation or gender identity.
C. Special Protection of Children Against Child Abuse, Exploitation, And
Discrimination Act of 1992 (Anti-Child Abuse Act or Republic Act 7610)
Parents of children who suffer abuse at the hands of teachers or members of the
school's administration violate RA 7610 or the Anti-Child Abuse Act. Such cases can
cover instances of physical, psychological injury, or cruelty on the basis of the child's
SOGI.

Violence and Discrimination against LGBTQ+ in the Workplace

A. The Labor Code of the Philippines (PD 442)
The Labor Code is the national law covering employment for the private sector in
the Philippines. With the exception of prohibitions against discrimination of women, it
does not contain any provision that prohibits discrimination on the basis of gender
identity, particularly on the members of the LGBTQ+.
Nonetheless, while the law is quiet on gender identity and expression, it is clear
in its Declaration of Policy (Article 3) that the “State shall afford protection to labor,
promote full employment, ensure equal work opportunities.
The mandate for equal opportunity in employment is clear. The reality shows a
different picture since members of the LGBTQ+ encounter hardship in accessing work
opportunities because of discrimination.
The absence of a national law that explicitly prohibits discrimination on the basis
of gender identity makes it easier for employers to hide behind fabricated reasons for
not accepting, firing, or depriving members of the LGBTQ+ of their employment
benefits. Often, policies on uniforms, documents, and the comfort room use are used
against members of the LGBTQ+ employees and even applicants.
B. CSC No. 01-0940-the Civil Service Commission’s Policy on Anti-Sexual
Harassment
The Civil Service Commission Administrative Disciplinary Rules on Sexual
Harassment Cases includes other less grave, punishable offenses. These include
prohibiting "derogatory and degrading remarks or innuendos directed toward the
members of one's sex, or one's sexual orientation or used to describe a person."
This rule applies to all government entities that fall under the Civil Service
jurisdiction.
The Policy is important because it explicitly covers derogatory remarks regarding
sex, sexual orientation, or other remarks used as a description of a person with the
intention to insult. In addition, this Policy for government agencies does not require
that the offender has moral ascendancy over the victim.
The fact that the perpetrator and the victim are of the same level or position will
not preclude the victim from filing a case. While gender identity is not specifically
mentioned as a ground, if an LGBTQ+ civil servant is harassed verbally by co-workers,
they would be able to rely on the generic protection from "derogatory and degrading
remarks."
Case No. 2:
"On March 12, 2002, Crisanto Rafaelito G. Gualberto V filed before the
Regional Trial Court of Parañaque City a petition for declaration of nullity of his
marriage to Joycelyn D. Pablo Gualberto, with an ancillary prayer for custody
pendente lite of their almost 4-year-old son, minor Rafaello the child, for brevity,
whom Joycelyn allegedly took away with her from the conjugal home and his school
Infant Toddler’s Discovery Center in Parañaque City when she decided to abandon
Crisanto sometime in early February 2002. On April 2, 2002, RTC Judge Helen B.
Ricafort heard the ancillary prayer of Crisanto for custody pendente lite. Because
Joycelyn allegedly failed to appear despite notice, Crisanto, a certain Col. Renato
Santos, and Ms. Cherry Batistel testified before the Judge; documentary evidence was
also presented. On April 3, 2002, the Judge awarded custody pendente lite of the child
to Crisanto.
ART. 213. In case of separation of the parents, parental authority shall be
exercised by the parent designated by the Court. The Court shall consider all relevant
considerations, especially the child's choice over seven years of age unless the parent
chosen is unfit. No child under seven years of age shall be separated from the mother
unless the Court finds compelling reasons to order otherwise.
The child subject of this Petition, Crisanto Rafaello P. Gualberto is barely four
years old. Under Article 213 of the Family Code, he shall not be separated from his
mother unless the Court finds compelling reasons to order otherwise. The Court hereby
grants the mother, Joycelyn, the custody of Crisanto Rafaello P. Gualberto, with the
right of Crisanto to have the child with him every other weekend.

Both cases are landmark Supreme Court decisions involving the rights of
LGBTQ+. In the case of City of Manila v. Laguio, the Supreme Court upheld adults’ right
to privacy and included the right to have sexual relations in the confines of their private
lives.
In the Gualberto v. C.A., in a custody dispute between a husband and wife, the
Supreme Court awarded custody of a four-year-old child to his other despite the
father's argument of immorality against his wife who has "allegedly" in a lesbian
relationship.
The above decisions will surely have implications for members of the LGBTQ+
community.

Name and Gender Marker Changes

Case No. 3:
On November 26, 2002, petitioner Rommel Jacinto Dantes Silverio filed a
petition to change his first name and sex in his birth certificate in the Regional Trial
Court of Manila, Branch 8. The petition, docketed as S.P. Case No. 02-105207,
impleaded Manila's civil registrar as respondent.
Petitioner alleged in his petition that he was born in the City of Manila to the
spouses Melecio Petines Silverio and Anita Aquino Dantes on April 4, 1962. His name
was registered as "Rommel Jacinto Dantes Silverio" in his certificate of live birth (birth
certificate). His sex was registered as "male."
He further alleged that he is a male transsexual, "anatomically male but feels,
thinks and acts as a female," and has always identified himself with girls since
childhood. Feeling trapped in a man's body, he consulted several doctors in the United
States. He underwent psychological examination, hormone treatment, and breast
augmentation. His attempts to transform himself into a "woman" culminated on January
27, 2001, when he underwent sex reassignment surgery in Bangkok, Thailand. He was
thereafter examined by Dr. Marcelino Reysio-Cruz, Jr., a plastic and reconstruction
surgeon in the Philippines, who issued a medical certificate attesting that he (petitioner)
had undergone the procedure.

In the 2007 case of Silverio v Republic of the Philippines, the Supreme Court
(S.C.) ruled against Silverio’s wish to change her first name and gender marker on her
birth certificate. Mely Silverio, who underwent "sexual reassignment surgery," initially
won in the trial court. The Office of the Solicitor General (OSG) intervened after that,
arguing in the Court of Appeals (C.A.) that the Regional Trial Court of Manila was
mistaken in its ruling due to the fact that there is no law allowing change of the first
name on the basis of "sexual alteration." The CA ruled against Mely Silverio, and S.C.
affirmed the C.A. ruling.
 In this case, S.C. ruled that there was no mistake to be corrected as the birth
record is not in dispute, as the sex of the person was determined by the birth attendant
at the time of birth.
It elaborated that "sex" as a term does not contemplate the inclusion of persons
who have undergone "sex reassignment." Likewise, it argued that allowing her to
change her name and gender marker will alter established laws on marriage and family
relations.
On December 11, 2003, respondent Jennifer Cagandahan filed a Petition for
Correction of Entries in Birth Certificate2 before the RTC, Branch 33 of Siniloan, Laguna.

Case No. 4:
In her petition, she alleged that she was born on January 13, 1981, and was
registered as a female in the Certificate of Live Birth. Still, while growing up, she
developed secondary male characteristics and was diagnosed to have Congenital
Adrenal Hyperplasia (CAH), which is a condition where persons thus afflicted possess
both male and female characteristics. She further alleged that she was diagnosed with
clitoral hypertrophy in her early years. At age six, she underwent an ultrasound where it
was discovered that she has small ovaries. At age thirteen, tests revealed that her
ovarian structures had been minimized, she has stopped growing, and she has no
breast or menstrual development. She then alleged that for all interests and
appearances as well as in mind and emotion, she had become a male person. Thus, she
prayed that her birth certificate be corrected such that her gender is changed from
female to male, and her first name is changed from Jennifer to Jeff.

In the 2008 case of Republic of the Philippines v Jennifer Cagandahan, the Court
ruled in favor of a name change of Jeff Cagandahan on the ground that Jeff had an
intersex variation, Congenital Adrenal Hyperplasia (CAH). The Court agreed with Jeff's
ability to self-define his sex because he "has simply let nature take its course and has
not taken unnatural steps to arrest or interfere with what he was born with."
This focus on biological sex is consistent with the Court’s contrary position for
transgender people, who are deemed to be attempting to change their biological sex. It
is apparent when the Court favorably notes that Jeff “could have undergone treatment
and taken steps, like taking lifelong medication to force his body into the categorical
mold of a female, but, he did not."
Furthermore, the Court in ruling for the change of name clarified its effect on
Jeff’s gender marker. Such a change will conform with the change of the entry in his
birth certificate from female to male.

SUMMARY
The Philippines have various Anti-Discriminatory Policies for members of
the LGBTQ+. However, these policies are not yet sufficient, and national law on anti-
discrimination is still wanted. Cases in S.C. involve topics and issues of LGBTQ+,
making this matter of high importance already. Nonetheless, the rampancy of
discrimination of members of the LGBTQ+ is a prevalent-a huge issue that the
Philippines must address.
Course Code and Title: SSPE – Gender and Society
Lesson Number: Lesson 14 (Week 14)
Topic: Discrimination on the Basis of Sexual Orientation, Gender Identity and
Expression (SOGIE) in the Philippines
Introduction:
Being young and not conforming to the gender roles assigned to one’s sex
increases the risk of discrimination and abuse for LGBT persons. Discrimination of
people based on SOGIE is widespread in the Philippines. International and local policies
are in place to address this prevailing issue, yet some institutions still spread this ill
issue. Upon closer inspection, the additional conditions required from gay, lesbians, and
bisexual applicants and cadets demonstrate lingering prejudices and negative
stereotypes toward LGBT person.
LESSON PRESENTATION
The Universal Policy
Article 2(I), 3, and 26 of the Convention provide for the respect, equality, and
non-discrimination of all individuals on the grounds of, inter alia, race, color, and sex.
In the landmark decision of Toonen v Australia in 1994, it is found not only that
the reference to “sex” in Articles 2(I) and 26 must be taken to include sexual
orientation, but also that laws which criminalize consensual homosexual acts expressly
violate the privacy protections of the law.
National and Local Policies
LGUs from different cities all over the Philippines have been proactive in passing
and filing city ordinances banning LGBT discrimination.
Presently, the Anti-Discrimination Bill is still pending before the Congress. This
bill is expected to be signed into law before the end of the Duterte Administration. Prior
to these bills, several LGUs have enacted ordinances and resolutions to address these
issues.
In Quezon City, anti-discrimination in employment was enacted in 2004 and
LGBT-friendly provisions are supplemented in the Quezon City Gender and Development
Ordinance. Albay Province and Bacolod City passed an anti-discrimination ordinance.
Angeles City not only passed anti-discrimination legislation, but created a Gay Rights
Desk as well.
In the House of Representatives, Reprsentative Raymond Palatino of the
Kabataan Partylist files House Resolution No. 1333, which seeks to investigate
prejudicial, discriminatory, and unjust practices and policies against LGBT students
implemented and tolerated in schools, partnering with the DepEd and other government
agencies to explore the inclusion of a Comprehensive Gender Curriculum on basic and
secondary education and in vocational and technical school to incorporate discussion on
issues of LGBT persons.
In May of 2012, the DepEd issued DepEd Order No. 40 or, “The DepEd Child
Protection Policy” to guarantee the protection of children in schools from any form of
violence, abuse, or exploitation regardless of sexual orientation and gender identity.
Effect of State Discrimination in Society
The State’s treatment of LGBT individuals intensifies discrimination on the basis
of SOGIE within Philippines society and social institutions.
Being young and not conforming to the gender roles assigned to one’s sex
increases the risk of discrimination and abuse for LGBT persons. This victimization is
aggravated by the absence of support mechanism and school policies addressing this
concern, as well as the failure of schools to safeguard students from being abused by
other students, staff, administrators, and teachers. The discrimination LGBT students
face in schools not only violates the right to be free from discrimination but prevents
these individuals from the enjoyment of numerous other rights in the Covenant as well.
Homophobia, the stigma and prejudice toward LGBT persons, are very present
within Filipino society, creating a dangerous climate of hostility toward LGBT people.
LGBT youth are often targeted by parents who, upon discovering their child’s
sexual orientation and/or gender identity, feel compelled to inflict physical harm on
them out of frustration or in an attempt to prevent their child from expressing their
sexuality.
Discrimination by the Catholic Church
The Catholic Bishops Conference of the Philippines (CBCP) and Episcopal
Commission on Family and Life (EFCL) has been fervently demanding Congress for the
removal of “sex, gender, sexual orientation, and gender identity” in the comprehensive
anti-discrimination ordinances filed in the Senate and in the House of Representatives,
claiming that its inclusion will only “create problems regarding ethics, marriage, the
family and religious freedom” and reasons that “the difference in sex or gender does
not belong to the same level as the difference in race, color, religion, or ethnicity”.
Antagonists of the anti-discrimination bill claim that the passage of an anti-
discrimination legislation will open the door for same-sex marriage. A provision allowing
for same-sex marriage was not present in the anti-discrimination bill at the time of its
introduction first filing and has never been added.
Participation of the members of LGBTQ+ in Public Life
Article 25 of the Convention provides for the right of each citizen to participate in
public affairs, to vote, and to have equal access to public service in the country. These
rights are provided free of unreasonable restriction and free from distinction made on
the basis of sex, which as mentioned above, includes sexual orientation.
Discrimination in the Military
Through their media announcements, it seems on the surface that the Philippine
military and the police are adhering to the non-discrimination clause of the Philippine
Constitution (Art 2) and the ICCPR by its declaration of openness to admit gays,
lesbians, and bisexual persons in the military and police service.
Upon closer inspection, the additional conditions required from gay, lesbians, and
bisexual applicants and cadets demonstrate lingering prejudices and negative
stereotypes toward LGBT person. Also, the military’s apparent strict adherence
exclusively towards heterosexist gender binary (masculine and feminine) roles
discriminate against those that fall short to this standard and are considered as the
benchmark of what constitutes being decent, proper and respectful.
The generalized negative stereotyping of LGBT persons and the misconception
that a person’s sexual orientation defines one’s gender expression are most evident on
the common position of the AFP, PNP, and PMA towards gay and effeminate behavior.
The identification of sources of discrimination is vital so that you will know how
these acts are committed or performed by the social institutions, their respective actors.
The unified output can result to a class program or activity addressing this concern.
SUMMARY
Discrimination of people based on SOGIE is widespread in the Philippines.
International and local policies are in place to address this prevailing issue, yet some
institutions still spread this ill issue. What is clear is that everyone, including student,
must act to resolve this issue.
Course Code and Title: SSPE – Gender and Society
Lesson Number: Lesson 15 (Week 15)
Topic: Understanding Sexual Harassment
Introduction:
The Philippine laws on sexual harassment punishes work-related, training, and
education environment sexual harassment. It can happen everywhere. The acts of
sexual harassment are also punishable by law. In the Philippines, Republic Act No. 7877
or the “Anti-Sexual Harassment Act of 1995” defines work, education, or training-
related sexual harassment is committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any
other person who, having authority, influence, or moral ascendancy over another in a
work or training or education environment, demands, requests or otherwise requires
any sexual favor from the other, regardless of whether the demand, request, or
requirement for submission is accepted by the object of said Act.
LESSON PRESENTATION
Sexual Harassment
Harassment and sexual harassment are recognized as a form of discrimination on
the grounds of sex and, thus, are contrary to the principle of equal treatment between
men and women (Numhuser-Henning and Laulom 2012).
Like many other crimes, sexual harassment is all about power, control, and
domination. International Labor Organization (ILO) (2001) defined sexual harassment
as a sex-based behavior that is unwelcome and offensive to the recipient. Thus, sexual
harassment is not merely a problem of safety and health and unacceptable working
conditions, but is also a form of violence primarily against women (ILO 1992).
In the Philippines, Republic Act No. 7877 or the “Anti-Sexual Harassment Act of
1995” defines work, education, or training-related sexual harassment is committed by
an employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person who, having authority,
influence, or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from the other,
regardless of whether the demand, request, or requirement for submission is accepted
by the object of said Act.

Theoretical Perspectives of Sexual Harassment

Sexual harassment cannot be understood from the perspective of a single
theory, but it is always a combination of different predictors. Previous researchers have
looked at sexual harassment using a number of frameworks including organizational
approach, feminist theory, role theory, and attributional models of sexual harassment.
However, all these models share common basic assumptions and can be labelled as
socio-cultural models of sexual harassment (Sheets and Braver 1999).
However, there have been five widely accepted theories of sexual harassment
that attempt to explain the phenomenon from different angles and perspectives, to wit:
1. Natural/Biology Theory
According to this model, men have stronger sex drives, and are therefore,
biologically motivated to engage in sexual pursuit of women. Thus, the harassing
behavior is not meant to be offensive or discriminatory, but is merely the result of
biological urges. Its assumptions include a natural, mutual attraction between men and
women, a stronger male drive, and men in the role of sexual initiators. A key strength
of the natural/biological perspective is that it acknowledges the innate human instincts
potentially driving sexual aggressive behavior (Tangri et al. 1982)
2. Sex Role Spillover Theory
This theory is based on the proposition of irrelevant gender-based role
expectations that individuals bring to the workplace in guiding their interactions with
women. Men hold role perceptions of women based on their traditional role in our
culture.
When women takes jobs outside of these traditional areas to work in the male
dominated workplace, men rely on these gender-based expectations when interacting
with women therefore, perceiving women in their gender role over and above their
work role. Therefore, men are more likely to sexualize their experiences, including work
experiences, and are therefore, more likely to make sexual remarks or engage in
sexualized behavior, thus accounting for the fact that women experience more sexual
harassment than men (Barbara Gutek 1982).
3. Organizational Theory
Proponents of this theory propose that one of the central concepts that helps to
explain sexual harassment is power (Cleveland and Kurst 1993). This theory proposes
that sexual harassment results from the opportunities presented by power and authority
relations which derive from hierarchical structures of organizations (Grubber 1992).
This perspective emphasizes that the structure of organizational hierarchy invests
power in certain individuals over others, that can lead to abuse. Thus, sexual
harassment is all about expression of male power over women that sustains patriarchal
relations.
4. Socio-cultural Theory
Socio-Cultural theories examine the wider social and political context in which
sexual harassment is created and occurs. According to this perspective, sexual
harassment is a logical consequences of the gender inequality and sexism that already
exists in society (Gutek 1985; Thomas and Kitzinger 1997). This theory asserts that
women’s lesser status in the larger society is reflected at the workplace structures and
culture-thus, male dominance continues to be the rule.
Herein, sexual harassment is only one manifestation of a much larger patriarchal
system in which men are the dominant group reflecting the larger society’s differential
distribution of power and status between the sexes. The perpetrators of sexual
harassment have no regard for women as an equal human being. Therefore, molesting
women is a part and parcel of male idea of fun in the society.
5. Feminist Theory
According to the feminist perspective, sexual harassment is linked to the sexist
male ideology of male dominance and male superiority in the society. Therefore,
feminists’ theories view sexual harassment as the product of a gender system
maintained by a dominant, normative form of masculinity. Thus, sexual harassment
exists because of the views on women as a inferior sex, but also sexual harassment
serves to maintain the already existing gender stratification by emphasizing sex role
expectation (Gutek 1985).
Relevance of Sexual Harassment Theories
An interpretation of these theoretical perspectives reveals that both biologically,
as well as socio-culturally, men happen to have always occupied a dominant position
over women in societies, of which the workplaces are only a part.
Considerable data have been accumulated confirming that harassment is
widespread in both the public (Culbertson et al. 1992; Fitzgerald el al. 1997) and the
private sectors and it has significant consequences for the employees’ health and
psychological well-being (Fitzgerald 1993; Schneider et al. 1997).
Therefore, the vulnerability of women as a weaker sex has traveled towards
workplaces and academe, where it is considered natural and normal for men to be
responding sexually towards women as colleagues, subordinates, and superiors.

Philippine Laws on Sexual Harassment

Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995, is the
governing law for work, education, or training-related sexual harassment.
Specifically, in a work-related or employment environment, sexual harassment is
committed when:
(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 was would discriminate, deprive, or diminish employment
opportunities or otherwise, adversely affect said employee;
(2) The above acts would impair the employee’s rights or privileges under
existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive
environment for the employee.

On the other hand, in an education or training environment, sexual harassment

is committed:
(1) Against one who is under the care, custody, or supervision of the offender;
(2) Against one whose education, training, apprenticeship, or tutorship is
entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade,
granting of honors and scholarships, or the payment of a stipend, allowance or other
benefits, privileges, or consideration; or
(4) When the sexual advances result in an intimidating, hostile, or offensive
environment for the student, trainee, or apprentice.

Sexual Harassment in the Civil Service

Sexual Harassment in the Civil Service is punishable by Civil Service Commission
No. 01-0940, also known as Administrative Disciplinary Rules on Sexual Harassment
Cases.
Here, sexual harassment can be committed at the following places:
1. In the premises of the workplace or office or the school or training institution;
2. In any place where the parties were found, as a result of work or education or
training responsibilities or relations;
3. At work, education, or training-related social functions;
4. While on official business outside the office or school or training institution or
during work, school, or training-related travel;
5. At official conferences, fora, symposia, or training sessions; or
6. By telephone, cellular phone, fax machine, or electronic mail.

The following forms of sexual harassment are committed thru: (1) Physical, (a)
Malicious touching; (b) Overt sexual advances; (c) Gestures with lewd insinuation; (2)
Verbal, such as but not limited to, (a) requests or demands for sexual favors and (b)
lurid remarks; (3) Use of objects, pictures or graphics, letters, or written notes with
sexual underpinnings; (4) Other forms analogous to the foregoing.

Case No. 1:
The parties to this case are employees of the Municipality of Diadi, Nueva
Vizcaya (the LGU). Petitioner Teresita G. Narvasa is a senior bookkeeper while
respondent Benjamin A. Sanchez, Jr. is the municipal assessor. The instant case
stemmed from three cases of sexual harassment filed separately against respondent by
petitioner along with Mary Gay P. de la Cruz and Zenaida M. Gayaton, who are also
employees of the LGU.
 In her affidavit-complaint, De la Cruz claimed that, sometime in February 2000,
respondent handed her a note saying, "Gay, I like you." Offended by respondent’s
inappropriate remark, de la Cruz admonished him for giving her such a note and told
him that she would give the note to his wife. Respondent then grabbed the note from
her and tore it into pieces. However, this first incident was followed by a message sent
to De la Cruz sometime in March 2002 in which he said, "Ka date ko si Mary Gay… ang
tamis ng halik mo."
On the other hand, Gayaton narrated that, on April 5, 2002, respondent
whispered to her during a retirement program, "Oy flawless, pumanaw ka met ditan"
while twice pinching her upper left arm near the shoulder in a slow manner.
A few days later, Gayaton received a text message while she was passing
respondent’s car in front of the municipal hall. The message said, "Pauwi ka na ba
sexy?" Gayaton later verified through respondent’s clerk, Alona Agas, that the sender of
the message was respondent.
On or about April 22 to 25, 2002, Gayaton received several messages from
respondent stating: (1) "I like you"; (2) "Have a date with me"; (3) "Don’t tell to (sic)
others that I told that I like you because nakakahiya"; (4) "Puso mo to pag bigay moto
sakin, I would be very happy" and (5) "I slept and dreamt nice things about you."
Finally, as far as petitioner’s complaint was concerned, she asserted that, on
November 18, 2000, during a field trip of officers and members of the St. Joseph Multi-
Purpose Cooperative to the Grotto Vista Resort in Bulacan, respondent pulled her
towards him and attempted to kiss her. Petitioner resisted and was able to escape the
clutches of respondent to rejoin the group that they were travelling with. Respondent
apologized to petitioner thrice regarding that incident.

Case No. 2:
In the third quarter of 1998, petitioner Digitel Telecommunications Philippines,
Inc. (Digitel) hired Mariquit, then of 48 summers, a Bachelor of Science in Nutrition
graduate from the University of the Philippines and a graduate school student of De La
Salle University (she had not submitted her thesis), as Director for Market and
Communications effective August 15, 1998.
Digitel’s co-petitioners Senior Vice President for Business Division Eric J. Severino
(Severino) and Senior Executive Vice President Johnson Robert L. Go (Go) were
Mariquit’s immediate superior and next higher superior, respectively.
Working under Mariquit were Evelyn P. Inductivo (Evelyn), Manager of the
Promotion Section, Andrea S. Arnedo (Andrea), Manager of the Corporate and Planning
Information Section, and Joselito Macachor (Macachor), Ad and Promo Manager.
In the Performance Review conducted by Digitel for the period of August 17,
1998 up to February 15, 1999,3 Mariquit obtained for her first six months of work a
rating of 92% (Above Average).
Mariquit later had a rift with Macachor regarding an advertisement error. She
thus sought his termination through petitioner Severino. To her dismay, Severino
merely arranged for the transfer of Macachor to another department. Mariquit’s
performance soon began to deteriorate.
Eleven months later, Mariquit filed criminal complaints against petitioners Go and
Severino,16 for violation of R.A. 7877 (Anti-Sexual Harassment Law) and/or Article 336
of the Revised Penal Code (Acts of Lasciviousness), before the Quezon City Prosecutors
Office which referred the complaints to the National Bureau of Investigation (NBI).
SUMMARY
Sexual harassment constitutes an extremely important kind of violence
which has been existing and rampant in the Philippines and worldwide. This complex
concept consists of several theories and are punished by Philippine laws.
The Philippine laws on sexual harassment punishes work-related, training, and
education environment sexual harassment. It can happen everywhere. The acts of
sexual harassment are also punishable by law.
Course Code and Title: SSPE – Gender and Society
Lesson Number: Lesson 16 (Week 16)
Topic: Gender and Labor
Introduction:
The reality is that once a child is born, she/he does not know how to do any
work. As children grow up, they learn to do various work, but society encourages them
do specific work, e.g. girls are asked to help in cooking and cleaning, while boys are
asked repair certain things. This distribution of labor is based on sex, and not on
individual capacity or skill sets.
Gender equality is not properly implemented in the labor market as women still
are treated with disfavor and discrimination.
LESSON PRESENTATION
Republic Act No. 9710. 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 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.

Republic Act No. 9710. Section 11. Participation and Representation

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;
(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;
(c) Other Policy and Decision-Making Bodies. — Women’s groups shall also be
represented in international, national, and local special and decision-making bodies;
 (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, internal policy-making structures,
appointive, and electoral nominating processes; and
(f) Private Sector. — The State shall take measures to encourage women
leadership in the private sector in the form of incentives.

Women face different constraints from men in the labor market. This is
recognized in Republic Act No. 9710, known as the Magna Carta of Women, enacted in
2009.
This act recognizes that equality of men and women entails the abolition of the
unequal structures and practices that perpetuate discrimination and inequality (PCW
2010). In connection with employment, the Philippine Commission on Women (PCW)
indicates that the Magna Carta of Women will level the playing field by making
productive resources and economic opportunities equally available for both men and
women.
It is further noted that generally, women do not control family properties and
decision-making rights on the use of income, further limiting opportunities to break the
poverty cycle.
The reality is that once a child is born, she/he does not know how to do any
work. As children grow up, they learn to do various work, but society encourages them
do specific work, e.g. girls are asked to help in cooking and cleaning, while boys are
asked repair certain things. This distribution of labor is based on sex, and not on
individual capacity or skill sets.
This affects girls and women adversely. Since girls are expected to take care of
the family and household, their education is not a priority for the family.
Both boys and girls should be given equal opportunity to learn different skill sets
based on their interest and to grow. Household chores are not only women’s
responsibility, it is also household’s responsibility, and all family members should
contribute to it.
Employment Sectors
Primary labor markets consists of work in large corporations, industries or
governments agencies. Workers receive relatively high wages and enjoy good job
security. Secondary labor markets include forms of employment, which are unstable,
where job security and wages are low and there are fewer opportunities for promotion.
Gender inequality shows differences in promotion, authority, and earnings.
Agriculture
Women farmers do not have an equal opportunity to acquire land or register it in
their own names. They have fewer inheritance rights than male farmers. Land
ownership is important not only to women’s ability to earn income, but also a source of
employment and autonomy within the household. Their lack of land also affects their
ability to gain access to credit facilities.
Women are also hindered in their access to extension services; skills
development, including training in management and marketing skills; and improved
farming equipment. They require special assistance to achieve equal access, and this
can be achieved through gender-specific action plans that target the needs of women
farmers and gender mainstreaming that is monitored for effectiveness to ensure that
women share appropriately in the sector’s growth.
What are the possible solutions? Various tools are available to help reduce
inequalities between income groups and between genders. One is strengthening land
tenure rights among poor rural farmers. This element is critical to addressing the first
layer of inequality. If a woman cannot own land, she cannot be in charge of her own
livelihood or destiny.
Another approach is to develop innovative strategies to improve access to credit
and agricultural services for marginalized farm populations. This requires strategic
investment in public goods and programs that benefit marginalized populations. These
include rural infrastructure, education and health services and programs such as credit,
subsidized inputs, information and extension.
Industry and Manufacturing
The number of women working in economic zones is estimated to represent 64%
of total employment and may be much higher in some industries, such as electronics
and apparel (World Bank 2011a). Women’s Share of employment in the export-
processing zones is much greater than women’s share of the labor force as a whole,
and the conditions of employment are of concern.
Reports suggest that working and living conditions are poor, that women find it
difficult to obtain work while pregnant and after birth of their baby, and that
unionization is uncommon.
Tourism
It appears that tourism planning has not included women or has had insufficient
regard for gender issues. Within the tourism industry, relatively few women have the
educational qualifications or foreign language skills to compete for front-of-house
positions in the hotel industry, as tour guides, or in travel agencies, and women are
more likely to be employed as housekeepers, waitresses, or similar low-level positions.
Targeted educational programs could provide women with the necessary
qualifications to climb the job ladder, which could progressively help to rectify the
imbalance between work opportunities for men and women and eliminate gender gaps
in tourism employment.
Business Processing Outsourcing
The Philippines’ Information Technology-Business Process Outsourcing Road Map
2011-2016 is not gender-responsive and does not address women’s constraints in
accessing higher-paid work in non-voice services or the likely growth in information
technology and engineering.
These matters, as well as they pay differentials between men and women and
employment conditions, require specific government attention.
Government Services
Public sector employment is an important source of jobs with better pay and
conditions for women than many other industrial sectors, but women are constrained
by being predominately employed in traditional, gender-stereotyped care sector
government occupations such as health and education, and they are under-represented
in the higher-paying subsectors.
The Philippines has strong gender mainstreaming programs, which has given
women greater access to government generally, but women in the civil sector may still
be underpaid, given their levels of education, experience, and ability.
Entrepreneurship
 There has been a rapid surge in the number and proportion of female
entrepreneurs in developing countries (Minniti and Naude 2010, 280). Studies indicate
that female-led MSMEs increase employment opportunities for women and contribute to
wider development of goals (ADB and ILO 2013a). One survey indicated that women
entrepreneurs are more likely than men to be motivated by necessity; these are
livelihood-oriented entrepreneurs attempting to escape unemployment (Viet Nam
Vomen Entrepreneurs Council 2007).

Salient Policies on Gender Equality in the Labor Market

The Philippines has ratified 34 ILO conventions and is party to all of the
fundamental United Nations human rights covenants and conventions. The country’s
1987 Constitution has enshrined these rights in Section 3, Article XIII (Bill of Rights),
and in Section 14, Article II, which ensures fundamental equality of women and men
before the law.
Article 3, Chapter I of the Labor Code, as well as Republic Acts 6725, 7192,
7877, and 8551, all provide for fundamental human rights protection, including anti-
discrimination provisions, and they ensure fundamental equality, prohibition of sexual
harassment, and temporary special measures. The Philippines’ Anti-Sexual Harassment
Act No. 7877 of 8 February 1995 is an example of good legislative practice.

Republic Act No. 6725. SECTION 1.

Article One hundred thirty-five of the Labor Code, as amended, is hereby further
amended to read as follows:
Art. 135. Discrimination Prohibited. — It shall be unlawful for any employer to
discriminate against any woman employee with respect to terms and conditions of
employment solely on account of her sex.

Republic Act No. 7192. SECTION 2.

The State recognizes the role of women in nation building and shall ensure the
fundamental equality before the law of women and men. The State shall provided
women rights and opportunities equal to that of men.
To attain the foregoing policy:
(1) A substantial portion of official development assistance funds received from
foreign governments and multilateral agencies and organizations shall be set aside and
utilized by the agencies concerned to support programs and activities for women;
(2) All government departments shall ensure that women benefit equally and
participate directly in the development programs and projects of said department,
specifically those funded under official foreign development assistance, to ensure the
full participation and involvement of women in the development process; and
(3) All government departments and agencies shall review and revise all their
regulations, circulars, issuances and procedures to remove gender bias therein.

Republic Act No. 7877. SECTION 2.

The State shall value the dignity of every individual, enhance the development of
its human resources guarantee fell respect for human rights, and uphold the dignity of
work rs, employees, applicants for employment, students or those undergoing training,
instruction or education. Towards this end, all forms of sexual harassment in the
employment, education or training environment are hereby declared unlawful.

Republic Act No. 8551. SECTION 2.

It is hereby declared the policy of the State to establish a highly efficient and
competent police force which is national in scope and civilian in character administered
and controlled by a national police commission.

The Philippine National Police (PNP) shall be a community and service oriented
agency responsible for the maintenance of peace and order and public safety.
The PNP shall be so organized to ensure accountability and uprightness in police
exercise of discretion as well as to achieve efficiency and effectiveness of its members
and units in the performance of their functions.

The Magna Carta of Women (Republic Act 9710) is an overall legislative

framework that articulates the specific rights, needs, and support required by women in
their general and working lives. Although the Magna Carta of Women provides a good
legislative framework, implementation issues remain. Filipino women often do not know
about their rights, and the complaints system is confusing even if they do.
In 2012, the Philippines became the first country in Asia to ratify the ILO
Domestic Workers Convention, 2011 (No. 189). In early 2013, President Aquino also
signed a new law, Republic Act 10361 known as the “Batas Kasambahay” (Domestic
Workers Act) in order to better protect this large group of mostly young, female
workers.

SUMMARY
Gender, gender equality, and labor market are very important principles
and are related to one another. Gender equality is not properly implemented in the
labor market as women still are treated with disfavor and discrimination. Policies are in
place to address gender inequality, but still the issue persists and prevails even up to
present.
 GENDER AND SOCIETY QUIZZES
(BSA 3-12)

1. Night work prohibition specifies that employees must provide special facilities for women
Labor Code (1989)

2. The main law enshrining all the rights of women and their roles in building the nation *
Magna Carta of Women

3. Provides for the creation of women-oriented parties to compete under the party-list
system. *
Part List Law

4. The fundamental law of the country upon which all the laws are anchored or based *
1987 Constitution

5. Gave Filipino women to own land. *

1988 Comprehensive Agrarian Reform Law

6. It seeks to achieve gender equality as a fundamental value that should be reflected in

development choices *
Gender and Development Budget (GAD)

7. An act declaring sexual harassment to be unlawful in the employment, education, or

training environment. *
Anti – Sexual Harassment Law. RA 7877 (1995)

8. It is an act promoting the integration of women as full and equal partners of men in the
development and nation-building. *
Women in Nation Building Law Republic Act 7192 (1991)

9. It lays out development goals and strategies that will make gender equity innate in public
programs and policies. *
Philippine Plan for Gender Responsive Development (1995 – 2025)

10. Provides for the election of sectoral representation, including women in the local
legislative council *
Local Government Code 1991

11. What group was approved to join political affairs through the party-list system? *
Ang Ladlad LGBT Party

12. What law is being violated in the case where school personnel commits bullying? *
Department of Education Order No. 40 on Child Protection Policy
13. This law includes gender-based bullying as a prohibited and punishable act. *
Anti-Bullying Act of 2013

14. The Court agreed on Jennifer Cagandahan’s appeal to change his name and
gender-based on the natural cause. *
True

15. Lance Corporal Joseph Scott Pemberton was claimed guilty of what crime? *
Homicide

16. It stated that no person shall be deprived of life, liberty, or property without due process
of law, nor shall any person be denied the equal protection of the laws. *
Article 3, Sec 1, 1987 Philippine Constitution

17. Sex reassignment was never given to Mely Silverio, because of what? *
Sexual Surgery

18. Which act/code gives equal protection to everyone in the field of work? *
Labor Code of the Philippines

19. It is any act that humiliates or excludes a person on the basis of perceived or actual
sexual orientation and gender identity. *
Gender-based Bullying

20. An organization that systematically monitors, collects, and analyzes homicides related to
gender. *
Trans Murder Monitoring

21. Which party demands the removal of SOGI in the anti-discrimination ordinances due to it
might start a bill regarding same-sex marriage? *
Church

22. It is the stigma and prejudice toward LGBT persons. *

Homophobia

23. They considered straight as a standard for being decent and proper, thus discrimination
against the LGBTQ+ is present. *
Military

24. They believed the inclusion of sex and gender in the anti-discrimination law creates
problems regarding the ethics and the family. *
Church

25. Which articles of the Convention provides respect, and equality of all individuals? *
All of the above.
26. The parents of LGBT youth tends to inflict physical harm to their children to prevent them
from expressing themselves. *
True
27. Which article of the Convention provides rights of each citizen to participate in public
affairs?
Article 25

28. Comprehensive Gender Curriculum was implemented to incorporate discussion on

issues of the LGBTQ+. *
True

29. A provision allowing for same-sex marriage was present in the Anti-discrimination Bill. *
False

30. An LGU not only passed anti-discrimination legislation, but created a Gay Rights Desk as
well. *
Angeles City

GENDER AND SOCIETY QUIZZES

(BSA 3-13)

1. This includes physical attacks, sexual assault, name-calling, intimidation, threats,

attacks on property. *
Domestic Violence

2. It penalizes the business of matching Filipino women for marriage to foreign

nationals. *
Anti-Mail Order Bride Law (Republic Act 6955)

3. The following are the best contributors to Gender-Based Violence except; *

Abuse of Power

4. It recognizes marital rape and questions the notion of sexual obligation in

marriage. *
Anti-Rape Law of 1997 (Republic Act 8353)

5. This makes incidents involving unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct of sexual nature, made directly or
indirectly in the employment, education, or training environment unlawful. *
Republic Act 7877

6. This affects children’s survival, development, and school participation. *

Health Consequences
7. This type of gender-based violence includes spouse beating /domestic violence,
assault, and other physical violence (gender-based). *
Physical

8. An act declaring sexual harassment to be unlawful in the employment, education,

or training environment. *
Anti – Sexual Harassment Law. RA 7877 (1995)

9. Which of the following provisions does not cover in the Labor Code of 1989? *
Seeks to achieve gender equality as a fundamental value that should be
reflected in development choices.

10. Verbal/emotional abuse, humiliation, discrimination, denial of opportunities and

services, spouse confinement (domestic violence). *
Emotional – Mental - Social

11. An act promoting the integration of women as full and equal partners of men in
the development and nation-building. *
Women in Nation Building Law. Republic Act 7192 (1991)
12. It enshrines all the rights of women and their roles in building the nation. *
Magna Carta for Women

13. The following are the best examples of domestic violence except; *
Dowry Abuse

14. Provides for the election of sectoral representation, including women in local
legislative council. *
Local Government Code 1991

15. It reclassifies rape as a crime against persons, defining it as a public rather than
a private crime. *
Anti-Rape Law of 1997 (Republic Act 8353)

16. It is the actual or threatened physical intrusion of a sexual nature, whether by

force or under unequal or coercive conditions. *
Sexual Abuse

17. Harassment, rape, sodomy, attempted rape, marital rape, sexual abuse,
exploitation, child sex abuse, and exploitation are examples of. *
Sexual

18. Unwanted pregnancies, complications from unsafe abortions, sexually

transmitted infections including HIV, injuries, mental health, and_________.
Psychological effects

19. This law establishes a rape crisis center in every province and city. It authorizes
the appropriation of funds for the establishment and operation of the rape crisis
center. *
 Rape Victims Assistance and Protection Act of 1998 (Republic Act 8505)

20. It involves exchanging money, shelter, food, or other goods for sex or sexual
favors from someone in a vulnerable position is sexual exploitation. *
Sexual Exploitation

MATCHING TYPE

1. It seeks to achieve gender equality as a fundamental value that should be

reflected in development choices
Gender and Development Budget

2. It identifies the concrete gender issues that will be addressed for monitoring and
evaluation.
Framework Plan Women

3. It is a combination of public and private institutions with the State providing free
education for elementary and secondary levels
Philippine Educational System

4. Part of the constitution provides without limiting the natural rights of parent to
rear their children, elementary education is compulsory for all children of school
age
Article VIX, Section 2

5. It states that women's civil society organizations and non-governmental

organizations play a critical role in realizing change and commitments to Women,
Peace and Security.
Civil Society Organizations

6. it stipulated that the right of suffrage would be extended to women.

Constitution of 1935

7. It lays out development goals and strategies that will make gender equity innate
in public programs and policies.
Philippine Plan for Gender Responsive Development (1995 – 2025)

8. An act declaring sexual harassment to be unlawful in the employment, education,

or training environment.
RA 7877

9. Provides for the election of sectoral representation, including women in local

legislative council.
Local Government Code 1991
 10. Gave Filipino women to own a land.
1988 Comprehensive Agrarian Reform Law

1ST CASE

Perpetrator- Rustan

Survivor- Irish

Kind of Violence- Sexual, Psychological

2ND CASE

Who is the perpetrator? Ricky Dinamling

Survivor- AAA

Type of Violence- Physical, Sexual, Psychological