Gender and Society

Page 130
Lesson 17: Women and the Law

Lesson Objectives:
This module discusses about the various Philippine laws affecting women and their rights. At the
end of this module, you should be able to:

● know about the various Philippine laws affecting women;

● identify the various rights of women; and
● understand the impact of these laws and rights to the Filipino woman and society.

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

Introduction

The 1987 Constitution

The Philippines is known for its very liberal and progressive Constitution that was formulated during
the euphoria of People Power Revolution in 1986. Gender equality is a key element of this Charter and as
enshrined in Article II Section 14 of the 1987 Constitution, "the State recognizes the role of women in
nation-building and shall ensure the fundamental equality before the law of women and men."

Considering the unequal gender relations in the country, the Constitution further provided for women
representation (as one of the nine marginalized sectors) in the legislature through the party-list system
(which should cover 20% of the lower house).

Finally, Article 13 Section 14 specifically mentioned that the "State shall protect working women by
providing safe and healthful working conditions, taking into account their maternal functions, and such
facilities and opportunities that will enhance their welfare and enable them to realize their full potential in
the service of the nation".
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CONTEMPLATE. Reflect on the following:

What do you think are the reasons why these provisions should be enshrined in our 1987 Constitution?
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________
________________________________________________________________
Which among these constitutional provisions are the most important? Provide your reasons.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_________

Do you think these constitutional provisions are lacking or already sufficient? Provide your reasons.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_______________

These specific provisions served as bases to several legislations about women. As a result, laws of
women became aplenty, anchored from the constitutional provisions mentioned. The lack or sufficiency of
these specific provisions depends on the existing and current need of the country.
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Various Laws Promoting Gender Equality

The legal framework provided for by the 1987 Constitution resulted to various legislations promoting
gender equality. These legislations include the following:

● Local Government Code of 1991. Provides for the election of sectoral representation, including
women, in local legislative councils.

● Party List Law. Provides for the creation of women-oriented or women-based parties to compete
under the party-list system. Women is one of the nine sectors identified in the law.

● Labor Code (1989). Covers issues, such as night work prohibition, specifies that employers must
provide special facilities for women, prohibition of discrimination against women in respect to
terms and conditions of employment, and prohibition of discrimination by reason of marriage of a
woman worker.

● Women in Nation Building Law. Republic Act 7192 (1991) is an act promoting the integration of
women as full and equal partners of men in development and nation-building. The law provides
that a substantial portion of government resources be utilized to support programs and activities
for women. The law also encourages the full participation and involvement of women in the
development process and to remove gender bias in all government regulations and procedures.

In relation to gender budgeting, the law specifically mandated all agencies to allocate a
minimum of 5%, increasing to 30%, of all official development funds in mainstreaming gender
concerns.

● 1988 Comprehensive Agrarian Reform Law. Gave Filipino women the right to own land that
previously reverted to sons and other male family members.

● Republic Act 7688 (1994). An act giving representation to women in social security commission.

● Anti-Sexual Harassment Law. RA 7877 (1995). An act declaring sexual harassment to be

unlawful in the employment, education, or training environment.

● Republic Act 7822 (1995). An act providing assistance to wor micro and cottage business
enterprises. 132/212

● Republic Act 8353 (1997). An act expanding the definition of the crime of rape, reclassifying the
same as a crime against persons.

These laws not only promote gender equality, but also gives protection to women's rights and
enhances women empowerment.
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COMMUNICATE: Group yourselves. As a group, do the following:

1. Choose a law that was mentioned. Write the law in the space provided.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
______________________________________________

2. Write three (3) sentences of what you think should be indicated in the specific law chosen.

a.______________________________________________________________________

b.______________________________________________________________________

C.______________________________________________________________________

3. Get an original copy of the law chosen and discuss within the group whether the sentences
formulated are similar to or exactly the same as that provided for in the law.

.
The laws listed above should always be remembered since these are the very basic laws on
women's rights and women empowerment. Women's rights and women empowerment are very important
to the Philippine society as this ensures inclusive growth and development of our country.

National Program

Based on the Philippine laws stated, a myriad of projects, initiatives, and processes on the gender
challenge arose. This includes the following:

● Philippine Plan for Gender Responsive Development (1995-2025). The National Plan for
Women that consolidates the action commitments of the Philippines during the Beijing World
Conference on Women. This is the overall frame that is also the point of reference for the
discussions and monitoring of gender mainstreaming.

● Gender and Development Budget (GAD). Integral to the national plan, it is aimed at
"institutionalizing gender concerns in the mainstream development process and agenda and not
just peripheral programs and projects of the government".
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Concretely, it prescribes for the allocation of 5% of the government agency's/local government

unit's budget on gender-responsive activities and projects. As a result, implementation of the
development programs and policies of government also means women partaking a role in
governance. As primarily stakeholders in the development process, women have the right to
maximize their involvement in governance, be it at the local or national level.

● Framework Plan for Women (FPW). This is part of the Philippine Plan for Women developed to
focus on three thrusts, namely: promoting women's economic empowerment, advance and
protect women human rights; and promote gender responsive governance. This plan identifies
the concrete gender issues that will be addressed, pinpoint targets and indicators, name
programs, formulates the implementation plan, and set-up tools for monitoring and evaluation.

Women's Right to Participate

Women's right to vote was granted in 1937. The Constitution of 1935 stipulated that the right of
suffrage would be extended to women, only if 300,000 women voted in its favor during a national
plebiscite. This consolidated the emerging women's movement and ".. brought to the fore the activism of
such women as Concepcion Felix de Calderon who formed the Asociacion Feminista Filipina in June
1905, Rosa Sevilla de Alvero and a young Trinidad Almeda, Miss Constancia Poblete, founder of Liga
Femenina de la Paz, Pura Villanueva Kalaw and Paz Mendoza Guazon, Pilar Hidalgo Lim, President of
the National Federation of Women's Clubs and Josefa Llanes Escoda, president of the Girl Scouts of the
Philippines" (Ugnayan ng Kababaihan sa Pulitika 1998).

The General Council of Women was then established in Manila to direct the plebiscite campaign. Its
aim was to draw the support of the broadest number of women. As it turned out, 447,725 women voted
yes in the 1937 plebiscite. Interestingly, 44.307 women voted against the provision. What followed was a
colorful history of women's foray into the various levels of electoral victories, but generally pushed by
familial affiliation and elite association.

At present, women's right to vote and participate are maintained and further protected by existing laws
at hand.

Women's Involvement in Civil Society.

Women's expressions of involvement in civil society could be through organizing

along gender-specific issues and formation of all-women groups within broad coalitions as power-
enhancing mechanisms. Groups such as the PILIPINA feminist movement, the militant GABRIELA
women's group, the Ugnayan ng Kababaihan sa Pulitika (UKP-Network of Women in Politics), the KILOS
KABARO (Act Sisters Coalition), and SIBOL Legislative Network have trail blazed women advocacies
both in policies and in legislations.
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There also exist a so-called "Philippine NGO Beijing Score Board" which evolved from the National
Steering Committee (NSC) of NGOs for the United Nations Fourth World Conference on Women, and this
lead in the national monitoring of the government's implementation of the Beijing Platform for Action.
Along with other women groups and gender-oriented institutions, they have succeeded in raising
gender-specific issues such as domestic violence, prostitution, reproductive health, sexual harassment,
and rape. Intense lobbying efforts by the women's groups resulted in the passage of several landmark
laws, among them is the anti-sexual harassment law in 1995 and the anti-rape act in 1997. The gains of
the women's movement are basically achieved through various partnerships with the rest of the civil
society.

Women and Education

COLLABORATE. With the same group, perform the following:

L Choose any of the topic previously discussed.

2. Cut out two (2) news excerpts from any recently published broadsheet tackling about the topic
chosen. Discuss among the group the relevance of the news excerpts to the topic previously chosen.

3. Report the group output in class.

The Philippine educational system is a combination of public and private institutions with the State
providing free education for elementary and secondary levels. The Constitution provides that without
"...limiting the natural rights of parents to rear their children, elementary education is compulsory for all
children of school age... (Article VIX, Section 2).

There is no general discrimination of girls in education, thus, there is no marked differences existing
in the educational status of Filipino women and men. One glaring issue is the gender stereotyping of
fields of study and specialization and its onward translation into the world of work where men generally
occupy the highest occupational ranks and the highest paying positions.

Women's larger responsibility for housework and for the family impedes their ability to use their
educational training and skills for remunerative work.

The topics previously discussed are always timely, relevant, and part and parcel of the daily lives of the
Filipinos. These only show the degree of importance that must be given to these topics.
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Assessment

1. Do the number of laws, programs, and rights of women discussed indicate that the Filipino women are
already empowered?

2. Utilizing your knowledge now of the laws, programs, and rights of women, what can you do to uplift
women empowerment in the Philippines?

Summary

Laws on Filipino women are aplenty, from the fundamental law of the land up to existing legislations. It
can be projected that more such legislations shall arise in the future. These law are essential as they can
be springboards of various national programs, women involvement, participation, and inclusion-all
towards the highest goal of empowering women.

References

1987 Constitution of the Republic of the Philippines.

National Commission on the Role of Filipino Women. (2001). Framework Plan for Women,
http://www.ncrfw.gov.ph

National Commission on the Role of Filipino Women. (2001). Gender Mainstreaming, http://
www.ncrfw.gov.ph

National Commission on the Role of Filipino Women. (March 2002). Filipino Women Facts
and Figures.

National Commission on the Role of Filipino Women. (October 2002). Facts and Figures,
http://www.ncrfw.gov.ph

National Commission on the Role of Filipino Women. (2001). State of Filipino Women Report 2001: Under
GMA, women fared well in health, education, politics.

United Nations Economic and Social Commission for Asia and the Pacific, Country Reports on the State
of Women in Urban Local Government, http://www.unescap.org
 Page 137

Lesson 18: "VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT" OR REPUBLIC ACT NO.
9262

Lesson Objectives:
This module discusses the important provisions of the Violence against Women and their Children
(VAWC) Act or RA 9262. This module also discusses important cases involving the said law.

At the end of this module, you should be able to:

1. discuss the important provisions of VAWC Act or RA 9262;

2. understand the details of its commission; and
3. comprehend actual cases involving the said law.

Definition of Terms:

● Protection Orders - orders issued by the Barangay or the Courts distancing the perpetrator from
the victim and vice versa for reasons provided for by the law.

● Public Crime-nature of a crime wherein it is considered to be an affront to the society, allowing

anyone who has personal knowledge to file a case for VAWC.

Introduction

The Republic Act 9262, or the Anti-Violence against Women and their Children (Anti- VAWC) Act of
2004, is a result of the strong advocacies on women's human rights in the country. This law was deemed
to be a significant victory for all Filipino women as it was based on the right of women not to suffer abuse,
discrimination, and violence in their respective relationships.

Important features of the law include:

1. 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
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3. protection orders can be issued against the perpetrator-upon filing the case, the victim-
survivor or anyone who has personal knowledge can apply for a protection order to enforce
distance between her and the perpetrator; and

4. stronger community mechanisms to respond to cases-various government agencies are

mandated to aptly respond or formulate mechanisms to respond to reported cases of VAWC
immediately.

CONTEMPLATE.

Search the Internet for a copy of RA 9262. Examine its provisions and answer the following:

1. Provide the instances of physical, psychological, sexual, and economic abuses as provided for by
the law.

Kind of Violence Instances

Physical

Psychological

Sexual

Economic

2. Name the persons who can file the complaint of VAWC aside from the victim- survivor.
________________________________________________________________________

3. Name the protection orders, period of the protection orders, and the issuing authority.

Protection order Issuing authority Period

4. Give the community mechanisms to respond to VAWC cases as indicated in the law.

Institutions Mechanisms
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Protection Orders

A protection order under the Anti-VAWC Law is defined as:

".. an order issued... for the purpose of preventing further acts of violence against a woman and her
child specified in Section of this Act and granting other necessary relief. The relief granted under a
protection order should serve the purpose of safeguarding the victim, minimizing any disruption in the
victim's daily life, and facilitating the opportunity and ability of the victim to independently gain control of
her life."

The law enumerates the following reliefs that may be availed of through a protection
order:

1. prohibition of the respondent (perpetrator) from threatening to commit or committing personally

or through another, any of the acts penalized by the Anti-VAWC law;

2. prohibition of the respondent from harassing, annoying, telephoning, contacting, or otherwise,

communicating with the petitioner (victim-survivor) directly or indirectly;

3. removal and exclusion of the respondent from the residence of the petitioner whether temporarily
or permanently;

4. directing the respondent to stay away from the petitioner and any designated family or household
member at a distance specified by the court;

5. directing lawful possession and use by the petitioner of an automobile and other personal effects
regardless of ownership;

6. granting temporary or permanent custody of a child/children to the petitioner;

7. directing the respondent to provide support to the woman and/or her child if entitled to legal
support;

8. prohibition of the respondent from any use or possession of any firearm or deadly weapon and
order him to surrender the same, including revocation of license and disqualification to apply for
any license to use or possess a firearm;

9. restitution for actual damages caused by violence inflicted including property damage, medical
expenses, and loss of income;

10. directing the Department of Social Welfare and Development (DSWD) or any appropriate agency
to provide temporary shelter and other social services that the petitioner may need; and

11. provision of other forms of relief as may be necessary to protect and provide for the safety of the
petitioner.
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Rights of Victim-Survivors 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 from the Public Attorney's Office and the Department of Justice or any
public legal assistance office;

(c) to be entitled to support services from the DSWD and the LGUs (local government units);

(d) to be entitled to all legal remedies and support as provided for under the Family Code; and

(e) to be informed of their right to apply for a protection order."

The right to privacy of the victim is also provided in the law, and its violation is punishable by
imprisonment and fine.

COLLABORATE.

Group yourselves. Refer to the physical, psychological, sexual, and economic acts of violence stated in
the law.

1. Choose one act for each of the kinds of violence.

2 Examine these acts chosen and shoot a short film portraying each of the acts chosen. The short film
shall not exceed 20 minutes.

3. The short film will be presented in class.

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.
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The IAC-VAWC consists of the following agencies: DSWD National Commission on the Role of Filipino
Women, Civil Service Commission, Commission on Human Rights, Council for the Welfare of Children,
Department of Justice, Department of Interior and Local Government, Philippine National Police,
Department of Health, Department of Education, Department of Labor and Employment, and National
Bureau of Investigation.

The implementing rules and regulations of the Anti-VAWC, Act state the following duties and
responsibilities of LGUs or the Barangay in addressing VAWC cases, apart from the issuances of
Barangay Protection Orders:

"Section 47. Duties and Functions of Barangay Officials-In order to eliminate violence against women
and their children, barangay officials shall:

(a) undertake an education program on Republic Act No. 9262 and on violence against women and
their children and why it exists, the rights and remedies of victim- survivors, and the duties of residents
and all barangay officials;

(b) have a family violence prevention program, including peer 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 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.
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COLLABORATE Group yourselves. As a group, do the following:

1. Go to your own barangay. Interview your Barangay Chairman. Make sure that the
Barangay Chairmen interviewed are different. Provide the answers to the spaces below.

a. Name:____________________________________________________________

b. Age:______________________________________________________________

c. Length of service:___________________________________________________

d. Brief description of the following:

1. Education or training programs on RA 9262 of the barangay
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
______________________________

2. Family violence prevention programs of the barangay

__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
______________________________

3. Efforts and development programs for women in the community

__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
______________________________

4. Livelihood projects for victim-survivors

__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
______________________________
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5. Women involvement in barangay programs

_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
________________

6. Presence of Anti-VAWC desk officers.

_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________

7. Gender sensitivity Seminars of barangay personnel

_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_________________

8. Documentation of VAWC case reports

_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________
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2. Discuss the output in class and assess whether your respective barangay is complian with the
Implementing Rules and Regulations of Anti-VAWC Act.

3. Apart from the programs/projects/activities mentioned, what other programs/ projects/activities can
you think of? Discuss these proposed programs/projects/ activities in class.

The roles of the National and Local Government Units are valuable in the implementation of the VAWC
Act. You will realize whether the specific Barangay interviewed was fulfilling its duties in accordance to
law.

ACTUAL CASES

The Supreme Court of the Philippines ruled on several cases involving violations of the Anti-VAWC Act
or RA 9262.

CASE 1 (Dinamling vs CA, GR 199522, June 22, 2015)

Ricky Dinamling, a policeman, was in a five-year relationship with AAA. They had two common
children, aged four and two. One night, he went to AAA's boarding house with a friend after a drinking
session. As AAA was putting the children to bed, he started to evict her for the reason that she was using
the place as a "whore house" wherein she "brought her partners." She did not want to leave, but he threw
a baby's feeding bottle outside. She went to BBB's house and requested to fetch her children. However,
Dinamling already left the boarding house with the older child and only the baby was left.

In the past, he would hit AAA's head, pull her hair, and kick her. When AAA went to the police, she
was merely told that it was a family problem that could be talked over.

Six (6) days after the incident, AAA was at CCC's house 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
 Page 145

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. On the road, Dinamling pulled down AAA's pants and panty 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 in 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. Dinamling was charged for violations RA No. 9262.

COLLABORATE.

1. Using the same group, assess the above case and identify the perpetrator, victim- survivor, acts
committed, kind of violence, and sections of the law violated.

Perpetrator

Victim-survivor

Acts committed

Kind of Violence

Sections of the law violated

2 Search the case in the Internet (Dinamling vs CA, GR 199522, June 22, 2015), and discuss the ruling
of the Supreme Court. Do you agree or not? Explain your answer and discuss it in class.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_____________________
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CASE 2 (Ang vs CA and Sagud; GR 182835, April 20, 2010)

After receiving from the accused Rustan via multimedia message service (MMS), a picture of a naked
woman with her face superimposed on the figure. Complainant filed an action against said accused for
violation of the VAWC Act or Republic Act (R.A.) 9262.

The sender's cellphone number, stated in the message, was 0921-8084768, one of the numbers that
Rustan used. Irish surmised that he copied the picture of her face from a shot he took when they were in
Baguio in 2003. The accused said to have boasted that it would be easy for him to create similarly
scandalous pictures of her and threatened to spread the picture he sent through the Internet.

COLLABORATE.

L Using the same group, assess the above case and identify the perpetrator, victim- survivor, acts
committed, kind of violence and sections, of the law violated.

Perpetrator

Victim-survivor

Acts committed

Kind of Violence

Sections of the law violated

2. Search the case in the Internet (Ang vs CA and Sagud; GR 182835, April 20, 2010), and discuss the
ruling of the Supreme Court. Do you agree or not? Explain your answer and discuss it in class.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
____________________________
 Page 147

Analysis of the actual cases and identifying the variables above will create a lens for you to properly
assess a given scenario whether abuses and violence are taking place or not.

Assessment

1. What knowledge obtained about Anti-VAWC Act or RA 9262 will be useful to you, your family,
community, and society?

2. Provide specific ways on how can this knowledge be realized in your family, community, and
society.

Summary

The VAWC Act is a landmark legislation championing the cause of women. This specific law pertains to
specific violations captured as four (4) acts of violence defined in the law. Also, VAWC was considered to
be a public crime allowing other persons to file the complaint, not only the victim-survivor. Further, the law
allows protection orders distancing the perpetrator from the victim and vice versa for several purposes as
provided for therein. Importantly, government units are mandated to provide specific and immediate
mechanisms to respondent appropriately to these VAWC cases.

Online Sources

http://ww.lawphil.net
http://sc.judiciary.gov.ph
Republic Act No. 9262. Implementing Rules and Regulations of RA 9262
 Page 148

Lesson 19: LAWS AND POLICIES ON VIOLENCE AND DISCRIMINATION OF THE MEMBERS OF
LGBTQ+

Lesson Objectives:

This lesson discusses salient Philippine laws and policies for protection of rights of members of
LGBTQ+. Also, it explains the salient Anti-Discriminatory Laws and Policies. At the end of this class, you
should be able to:

1. determine the various Philippine Laws and policies for protection of rights of members of
LGBTQ+;

2. identify the different Anti-Discriminatory laws and policies; and

3. know the acts leading to violations of these laws and policies.

Definition of Terms:

● Equal protection requires that all persons or things similarly situated should be treated alike, both
as to the rights conferred and responsibilities imposed.

● Due Process-principle that the Government must respect all of a person's legal rights as this
ensures that all laws and legal proceedings must be fair and equal for all.

Introduction

The 1987 Constitution (Equal Protection and Due Process Clause)

The 1987 Philippine Constitution states that: "The State values the dignity of every human
person and guarantees full respect for human rights." Apart from this, the 1987 Constitution
enshrines in its due process and equal protection clauses that: "No person shall be deprived of life,
liberty, or property without due process of law, nor shall any person be denied the equal
protection of the laws." (Article 3, Sec 1, 1987 Philippine Constitution)

As the fundamental law of the land, the guarantees on equality, lawful processes, and the paramount
consideration on ensuring human dignity and respect for human rights in these provisions serve as the
basis for the protection of the rights of members of the LGTBQ+.
 Page 149

COLLABORATE. Group yourselves. As a group, perform the following:

1. Search in the Internet, the Supreme Court-decided case, "Ang Ladlad LGBT Party vs
COMELEC, GR No. 190582, 8 April 2010".

2. Read and discuss the case among your group mates.

3. Examine the ruling of the Supreme Court regarding members of the LGBTQ+ and their right to
participate in the party-list system. Write the specific rule below.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
_________________

Share your output in class.

The 2010 Supreme Court Decision in the "Ang Ladlad" case (Ang Ladlad LGBT Party vs. Comelec
GR 190582 8 April 2010) considered the breadth of the equal protection clause in the Constitution. The
court ruled in favor of allowing "Ang Ladlad" to be a party-list reasoning that:

"From the standpoint of the political process, the lesbian, gay, bisexual, and transgender have the
same interest in participating in the party-list system on the same basis as other political parties
similarly situated. Hence, laws of general application should apply with equal force to LGBTs, and
they deserve to participate in the party-list system on the same basis as other marginalized and
under-represented sectors."

Violence and Discrimination

Despite widespread anecdotal evidence of crimes perpetrated against the LGBTQ+ community in the
Philippines, most data on these cases have not undergone official verification and collation.

In March 2016, the Trans Murder Monitoring Project listed 41 reported cases of transgender people
murdered in the country since 2008.
 Page 150

COLLABORATE. Use the same group. As a group, perform the following:

1. Read the following summary on the case of Jennifer Laude:

"On the night of 11 October 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 he had no malicious intent to kill, reducing the murder charge to one of homicide."

2. Discuss the summary within the group and gather the responses of each on whether he/she
agrees or disagrees to the decision of the court and provide their reasons thereof. Fill out the
table provided.

Agree Reason/s Disagree Reason/s

Compare the group output with other groups.

Report the outputs in class and allow each group to comment on another group's output.
 Page 151

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 knoen to enable critical
thinking and sharing of thoughts and ideas.

Violence and Discrimination against LGBTQ+ Youth in Education

A. Anti-Bullying Act of 2013 (Republic Act 10627)

Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based bullying as a prohibited and
punishable act.

Gender-based bullying is defined as "any act that humiliates or excludes a person on the basis of
perceived or actual sexual orientation and gender identity (SOGI) (Republic Act No. 10627).

B. Child Protection Policy 2012

In cases where the bullying is committed by a Principal, teacher or any other school personnel, the
law
being violated is Department of Education Order No. 40 on Child Protection Policy. This policy includes
the protection of students from any form of violence
regardless of their sexual orientation or gender identity.

C. Special Protection of Children Against Child Abuse, Exploitation, And Discrimination Act of
1992 (Anti-Child Abuse Act or Republic Act 7610)

Parents of children who suffer abuse at the hands of teachers or members of the school's
administration violates RA 7610 or the Anti-Child Abuse Act.

Such cases can 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."
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Clearly, the mandate for equal opportunity in employment is clear. But, the reality shows a different
picture since members of the LGBTQ+ encounter hardship in accessing work opportunities because of
discrimination.

The absence of a national law that explicitly prohibits discrimination on the basis of gender identity
makes it easier for employers to hide behind fabricated reasons for not accepting, firing, or depriving
members of the LGBTQ+ of their employment benefits. Often, policies on uniform, documents, and use of
comfort rooms are used against members of the LGBTQ+ employees and even applicants.

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 offences. These include prohibiting "derogatory and degrading
remarks or innuendoes directed toward the members of one's sex, or one's sexual orientation or used to
describe a person".

This Rule applies to all government entities that fall under the Civil Service jurisdiction.

The policy is important because it explicitly covers derogatory remarks regarding sex, sexual
orientation, or other remarks that are used as description of a person with the intention to insult. In
addition, this policy for government agencies does not require that the offender has moral ascendancy
over the victim.

The fact that the perpetrator and the victim are of the same level or position will not preclude the
victim from filing a case. While gender identity is not specifically mentioned as a ground, if a LGBTQ+ civil
servant is harassed verbally by co-workers, they would be able to rely on the generic protection from
"derogatory and degrading remarks".

COLLABORATE. Using the same group, perform the following:

I. Search in the Internet, the Supreme Court-decided cases of City of Manila v Laguio (12 April 2005)
G.R. No. 118127 and Gualberto v. CA (28 June 2005) G.R. No. 156254.

2. Read and discuss the cases among your group mates.

3. Examine the ruling of the Supreme Court regarding members of the LGBTQ+ in these two cases.
Write the specific rule below.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
______________
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4 Compare the rulings in both cases. Assess the impact of these rulings to the lives of LGBTQ+.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
________________________________________________________________________________

Share your output in class.

Both cases are landmark Supreme Court decisions involving 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 CA, in a custody dispute between a husband and wife, the Supreme Court
awarded custody of a four-year old child to his mother despite the father's argument of immorality against
his wife who was "allegedly" in a lesbian relationship.

The above decisions will surely have implications to members of the LGBTQ+ community.

Name and Gender Marker Changes

COLLABORATE. Using the same group, perform the following:

Search in the Internet, the Supreme Court-decided cases of Silverio v Republic of

1. the Philippines (22 October 2007) G.R. No. 174689 and Republic of the Philippines v Jennifer
Cagandahan (12 September 2008) G.R. No. 166676.

2. Read and discuss the cases among your group mates.

3. Examine the ruling of the Supreme me Court regarding members of the LGBTQ+ in these two
(2) cases. Write the specific rule on the space provided.

4. Compare the rulings in both cases.

5. Assess the impact of these rulings to the lives of LGBTQ+.

6. Report in class.
 Page 154

In the 2007 case of Silverio v Republic of the Philippines, the Supreme Court (SC) ruled against
petitioner 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 thereafter, arguing in the Court of Appeals (CA) that the Regional Trial Court of
Manila was mistaken in its ruling due to the fact that that there is no law allowing change of first name on
the basis of "sexual alteration". The CA ruled against Mely Silverio and the SC affirmed the CA ruling.

In this case, the SC 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 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.

In the 2008 case of Republic of the Philippines v Jennifer Cagandahan, the Court ruled in favor of a
name change to 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. is 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.

Assessment

1. Why do we need to protect and promote the rights of the members of the LGBTQ+?

2. What can you do to further the protection and protection of the members of the LGBTQ+ at home,
in school, and in your community?

Summary

The Philippines have various Anti-Discriminatory Policies for members of the LGBTQ+ However, these
policies are not yet sufficient and a national law on anti-discrimination is still wanted. Cases in the SC
already involve topics and issues of LGBTQ+, making this matter of high importance already.
Nonetheless, the rampancy of discrimination of members of LGBTQ+ are prevalent-a huge issue that the
Philippines must address.
 Page 155

References

Fontanos, N. (2008). Transgenderism: The Philippine experience. Transgender Filipina Online Journal.
Available at: http://pinaytg.blogspot.com/2008/08/transgenderism- philippines-experience.html. (accessed
16 August 2016).

Gabriela Women's Party. (2015). Gabriela warns Pemberton ruling a hit on transgender, women's rights.
Available at: http://gabrielawomensparty.net/content/gabriela-warns-pemberton-ruling-hit-transgender-
womens-rights (accessed 1 August 2016).

UNDP, APTN. (2017). Legal Gender Recognition: A Multi-Country Legal and Policy Review in Asia.
Available at: http://www.asia-paci c.undp.org/content/rbap/en/home/library/
democratic_governance/hiv_aids/legal-gender-recognition--a-multi-country-legal- and-policy-revie.html

UNDP, USAID. (2014). Being LGBT in Asia: e Philippines Country Report. Bangkok. Available at:
http://www.undp.org/content/undp/en/home/librarypage/hiv-aids/being-lgbt-in- asia--the-philippine-
country-report.html

UN Human Rights Council, Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment. (2016). A/HRC/31/57, paras 34-36. Available at: https://documents-
dds-ny.un.org/doc/UNDOC/GEN/G16/000/97/PDF/ G1600097.pdf?OpenElement

Online Sources

http://www.lawphil.net
http://sc.judiciary.gov.ph
http://www.chan-robles.com
 Page 156

Lesson 20: DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER IDENTITY AND
EXPRESSION (SOGIE) IN THE PHILIPPINES

Lesson Objectives:

This lesson discusses about the widespread and systematic human rights violations and
discrimination on the basis of sexual orientation, gender identity, and expression (SOGIE) persisting in
the Philippines. The discussion will pertain the acts of discrimination to the various rights which the
members of LGBTQ possess. At the end of this module, you should be able to:

1. understand the issues on human rights violations and discrimination on the basis of SOGIE;

2. understand the impact of human rights violations and discrimination to the Filipino society; and

3. formulate activities and programs to address these human rights violations and discrimination on
the basis of SOGIE.

Definition of Terms:

● SOGIE - an acronym for Sexual Orientation, Gender Identity and Expression- aspects of gender
of persons which must be considered and given attention.

● Anti-Discriminatory Bill - a proposed legislation before the Philippine Congress intended to

prevent various economic and public accommodation-related acts of discrimination against
people based on their SOGIE.

Introduction

The Universal Policy

Articles 2(1), 3, and 26 of the Convention provide for the respect, equality, and non- discrimination of
all individuals on the grounds of, inter alia, race, color, and sex.

In the landmark decision of Toonen v Australia in 1994, it is found not only that the reference to "sex"
in Articles 2(1) and 26 must be taken to include sexual orientation, but also that laws which criminalize
consensual homosexual acts expressly violate the privacy protections of the law.
 Page 157

National and Local Policies

LGUs from different cities all over the Philippines have been proactive in passing and filing city
ordinances banning LGBT discrimination.

Presently, the Anti-Discriminatory Bill is still pending before the Congress. This bill is expected to be
signed into law before the end of the Duterte Administration. Prior to these bills, several LGUs have
enacted ordinances and resolutions to address these issues.

In Quezon City, anti-discrimination in employment was enacted in 2004 and LGBT- friendly provisions
are 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, Representative Raymond Palatino of the Kabataan Partylist filed
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.

COMMUNICATE: Work in pairs and perform the following:

1. Interview a local legislator in your hometown. The local legislator may be a

Provincial/City/Municipal/Barangay Legislator.

2 Allow him/her to provide the necessary information and to answer the following questions:

a. Full Name:______________________________________________________

b. Age:______________________________________________________

c. Position:______________________________________________________

d. Length of service:_________________________________________________
 Page 158

e. Are you aware of international and local gender and development (GAD) policies? Provide
examples.

f. During your term of service, have you proposed/enacted any local ordinance or resolution
addressing issues on GAD? If yes, provide the ordinance/ resolution and its basic content.

g. During your term of service, have you spearheaded any program or activity addressing issues
on GAD? If yes, provide the program and/or activity.

h. Are you familiar with any cases of discrimination of persons in your locality on the basis of
SOGIE? If yes, what did you do?

i. Do you plan of proposing/enacting a local ordinance or resolution addressing discrimination

based on SOGIE in your locality? If yes, what will be its basic content?

j. Do you plan of spearheading any program or activity addressing discrimination based on

SOGIE? If yes, what will it/they be?

Report the interview output in class. Indicate in the report what you learned.

Effect of State Discrimination in Society

The State's treatment of LGBT individuals intensifies discrimination on the basis of SOGIE within
Philippines society and social institutions.

Being young and not conforming to the gender roles assigned to one's sex increases the risk of
discrimination and abuse for LGBT persons. This victimization is aggravated by the absence of support
mechanisms and school policies addressing this concern, as well as the failure of schools to safeguard
students from being abused by other students, staff, administrators, and teachers. The discrimination
LGBT students face in schools not only violates the right to be free from discrimination but prevents these
individuals from the enjoyment of numerous other rights in the Covenant as well.

Homophobia, the stigma and prejudice toward LGBT persons, are very present within Filipino society,
creating a dangerous climate of hostility toward LGBT people.

LGBT youth are often targeted by parents who, upon discovering their child's sexual orientation
and/or gender identity, feel compelled to inflict physical harm on them out of frustration or in an attempt to
prevent their child from expressing their sexuality.
 Page 159

Discrimination by the Catholic Church

The Catholic Bishops Conference of the Philippines (CBCP) and Episcopal Commission on Family
and Life (ECFL) has been fervently demanding Congress for the removal of "sex, gender, sexual
orientation and gender identity" in the comprehensive anti-discrimination ordinances filed in the Senate
and in the House of Representatives, claiming that its inclusion will only "create problems regarding
ethics, marriage, the family and religious freedom" and reasons that "the difference in sex or gender does
not belong to the same level as the difference in race, color, religion, or ethnicity".

MAntagonists of the anti-discrimination bill claim that the passage of an anti- discrimination legislation
will open the door for same-sex marriages. A provision allowing for same-sex marriage was not present in
the anti-discrimination bill at the time of its introduction first filing and has never been added.

Participation of the members of LGBTQ+ in Public Life

Article 25 of the Convention provides for the right of each citizen to participate in public affairs, to
vote, and to have equal access to public service in the country. These rights are provided free of
unreasonable restriction and free from distinctions made on the basis of sex, which as mentioned above,
includes sexual orientation.

Discrimination in 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 military and police service.

Upon closer inspection, the additional conditions required from gay, lesbian, and bisexual
applicants and cadets demonstrate lingering prejudices and negative stereotypes toward LGBT person.
Also, the military's apparent strict adherence exclusively towards heterosexist gender binary (masculine
and feminine) roles 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 APF,
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.
 Page 160

COLLABORATE. Use the original pair and perform the following:

1. Name other social institutions and actors, thereon that cause/may cause discrimination based on
SOGIE.

2. Provide how discrimination takes place along these institutions on the space provided.

Social institutions Actors How? Actions to be done

3. Exchange your output with other pairs and provide comments or additions to the work of others.

4. Present a unified class output indicating the social institutions, actors, and on how they cause/might
cause discrimination.

Summary

Discrimination of people based on SOGIE is widespreadi ased on SOGIE is widespread in the

Philippines. International and local policies are in place to address this prevailing issue, yet some
institutions still spread this ill issue. What is clear is that everyone, including students, must act to resolve
this issue.

Assessment

1. Look for YouTube clips which depict how discrimination takes place in different settings. Write a
reflection paper expressing your feelings and thoughts about the video
 Page 161

References

PHILSTAR.http://www.philstar.com/Article.aspx?articleld=809174&publicationSubCategoryId=63

Andy Towle. (2007). Philippines National Police Warns Officers: Don't Gay it Up, TOWERLOAD.
http://www.towleroad.com/2007/03/philippine_nati.html

Calleja, N. (2011). CBCP wants anti-discrimination bill cleansed of provisions on gay rights. Inquirer News
(Dec., 7). http://newsinfo.inquirer.net/106981/chcp-wants-anti- discriminationbill-cleansed-of-provisions-
on-gay-rights

Garcia, L. (2008). Manila beams with pride, despite debut of anti-gay protesters. Fridae (Dec. 8).
https://www.fridae.asia/gay-news/2008/12/08/2168.manila-beams-with-pride- despite-debut-of-anti-gay-
protesters

Laurindo Garcia. (2008). Manila Beams With Pride, Despite Bebut of Anti-gay Protesters, FRIDAE.

Lawmaker: No Same-sex Unions under Anti-discrimination Bil, SUN STAR MANILA. (2011).
http://www.sunstar.com.ph/manila/local-news/2011/12/08/lawmaker-no-same-sex- unions-under-anti-
discrimination-bill-194809

Online Sources

http://www.ndb-online.com/070712/local-news/local-news-anti-discrimination-ordinance- approved-first-
reading