Final HUMAN-RIGHTS-NOTES Women Children LGBTs Prisoners

HUMAN RIGHTS NOTES
(Rights of Women, Children, LGBTs, Prisoners)

By: Atty. Paul Lemuel E. Chavez
Sources:
1987 Constitution
International Conventions
Local Laws and Jurisprudence
Petralba, Atty. Pepita Jane A. (2013 Edition). Hornbook on International and Philippine Human Rights Laws.
Manila: Rex Book Store, Inc.
Coquia, Jorge R. (2012). Human Rights. Quezon City: Central Book Supply, Inc.
HUMAN RIGHTS NOTES

(Rights of Children, Women, LGBTs, Prisoners)
As you see, the evolving (and still-evolving) Third Generation Rights cater to the most
vulnerable members of society. They are the people whose rights have not been looked into in the
past. In the patriarchal society, children have no say, women are limited to domestic chores and
cannot exercise basic fundamental rights such as the right to vote, and even the term “LGBT” is
non-existent. The prisoners? They pay for their deeds behind the four walls of the prison cells. It
was through the passage of time that their rights have slowly been recognized, and the barriers of
patriarchy broken.
RIGHTS OF THE CHILD
I usually start discussing on the Rights of the Child with this trivia, a song by a Japanese
Band named Godiego. Godiego released a song in 1979 entitled “Every Child Has a Beautiful
Name”, with versions in both Nihonggo and English. That song was localized in the Philippines
by an Iconic OPM Group. APO Hiking Society. Hence, APO Hiking Society’s “Bawat Bata”.
Google both the Nihonggo and English Versions of that Godiego song. You check the lyrics of
both songs and you see the principles of Human Rights, everything that we discussed at the start
of the class, plus the fact that the Rights of the Child is a recognized right in the field of Human
Rights.
EVERY CHILD HAS A BEAUTIFUL BAWAT BATA

NAME (APO Hiking Society – Philippines)
(Godiego Band – Japan)
Child of mine, what beautiful name I

A beautiful name, what a beautiful name Ang bawat bata sa ating mundo
We grow and change but we're all the same Ay may pangalan may karapatan
As people still, we're all the same Tumatanda ngunit bata pa rin
Ang bawat tao sa ating mundo
Every little child can laugh and sing in the sun
Their song will be heard by everyone II
Big and tall, short and small Hayaan mong mong maglaro ang bata sa araw
Black or white, dark or light Kapag umulan nama'y nagtatampisaw
No, it doesn't matter at all Mahirap man o may kaya
Cause’ no one's wrong and no one's right Maputi, kayumanggi
At kahit ano mang uri ka pa
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
Every child has a beautiful name Sa 'yo ang mundo pag bata ka
A beautiful name, a beautiful name ( REPEAT I )
We grow and change but we're all the same
As people still, we're all the same III
Bawat nilikha sa mundo'y
Child of mine, what a beautiful smile Minamahal ng Panginoon
A beautiful smile, what a beautiful smile Ang bawat bata'y may pangalan
You really make my life worthwhile May karapatan sa ating mundo
With your smile, my life's worthwhile
IV
So hold close and hug them oh so tight Hayaan mong bigyan na lang ng pagmamahal
Show them everything will be all right Katulad ng sinadya ng Maykapal
Big and tall, short and small Mahirap man o may kaya
Black or white, dark or light Maputi, kayumanggi
No, it doesn't matter at all At kahit ano mang uri ka pa
Cause’ no one's wrong and no one's right Sa 'yo ang mundo pag bata ka
Hoo - wa - hoo - wa, la la la...
Every little child can laugh and sing in the sun ( REPEAT II )
Their song will be heard by everyone Sa iyo ang mundo pag bata ka (3X)
Big and tall, short and small ( REPEAT I )
Black or white, dark or light ( REPEAT III )
No, it doesn't matter at all ( REPEAT I to fade )
Cause’ no one's wrong and no one's right……
Every child has a beautiful name

A beautiful name, a beautiful name
As people still, we're all the same
Every child on earth has a beautiful name
Every child has a beautiful name
What are these relevant laws on the rights of the Child?
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
- Convention on the Rights of the Child

- Republic Act No. 9344 (Juvenile Justice Act)
- Republic Act 7610 (Anti-Child Abuse Law), as amended by Republic Act 9231
- Republic Act 9775 (Anti-Child Pornography Law)
To start off, how do we define a child? For uniformity’s sake in this discussion, let us use the
definition under RA 7610 (Anti-Child Abuse Law)
“ “Children” refers to persons below eighteen (18) years of age or those over but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition;”
Two elements: below 18; and those over 18 but…. Note: Kaya pag nanggulpi kayo ng taong grasa
pwede kayong pumasok sa child abuse.
I. JUVENILE JUSTICE ACT (RA 9344)
Especially on the exempting circumstance, this altered the provision on the Revised Penal
Code. However, and considering the high rate of juvenile crimes, the act is being revisited, and
subject of a pending bill to lower the minimum age of criminal responsibility (actually, a near-
return to the old rule).
Note these salient material definitions (Section 4)
(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are
most congenial to the survival, protection and feelings of security of the child and most
encouraging to the child's physical, psychological and emotional development. It also means the
least detrimental available alternative for safeguarding the growth and development of the child.
Note: This is important. You heard this in Persons with respect to Adoption, Support, Custody;
You will also encounter this in Special Proceedings, in Guardianship, Adoption, Custody of
Minors in Relation to Habeas Corpus.
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited to, the
following:
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
(1) being abused by any person through sexual, physical, psychological, mental, economic
or any other means and the parents or guardian refuse, are unwilling, or unable to provide
protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or
guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.
(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.
(q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with
the maximum involvement of the victim, the offender and the community. It seeks to obtain
reparation for the victim; reconciliation of the offender, the offended and the community; and
reassurance to the offender that he/she can be reintegrated into society. It also enhances public
safety by activating the offender, the victim and the community in prevention strategies.
Rights of a Child in Conflict with the Law (Section 5)
(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or
punishment;
(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the
possibility of release;
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or
imprisonment being a disposition of last resort, and which shall be for the shortest appropriate
period of time;
(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in
a manner which takes into account the needs of a person of his/her age. In particular, a child
deprived of liberty shall be separated from adult offenders at all times. No child shall be detained
together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall
await hearing of his/her own case in a separate holding area. A child in conflict with the law shall
have the right to maintain contact with his/her family through correspondence and visits, save in
exceptional circumstances;
(e) the right to prompt access to legal and other appropriate assistance, as well as the right to
challenge the legality of the deprivation of his/her liberty before a court or other competent,
independent and impartial authority, and to a prompt decision on such action;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child
witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best
interest, the rights of the victim and the needs of society are all taken into consideration by the
court, under the principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where
discretion is given by law to the judge to determine whether to impose fine or imprisonment, the
imposition of fine being preferred as the more appropriate penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation; and
(o) other rights as provided for under existing laws, rules and regulations.
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
Note: Roughly, same First Generation Rights inclusive of rights provided for under other
substantial laws
Current Existing Rule on the Minimum Age of Responsibility (Section 6)
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at
the time of the commission of the offense shall be exempt from criminal liability. However, the
child shall be subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in
accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.
Current issue in relation to proposed Bill lowering minimum age of criminal responsibility: Is that
the answer to responding towards increasing juvenile crimes, especially in relation to rape and
the War on Drugs? Or does the solution lie elsewhere? Starting from family? Or basic education?
Determination of Age of a Child; Presumption (Section 7)
SEC. 7. Determination of Age. - The child in conflict with the law shall enjoy the presumption of
minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven
to be eighteen (18) years old or older. The age of a child may be determined from the child's birth
certificate, baptismal certificate or any other pertinent documents. In the absence of these
documents, age may be based on information from the child himself/herself, testimonies of other
persons, the physical appearance of the child and other relevant evidence. In case of doubt as to
the age of the child, it shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the
information in any appropriate court may file a case in a summary proceeding for the determination
of age before the Family Court which shall decide the case within twenty-four (24) hours from
receipt of the appropriate pleadings of all interested parties.
If a case has been fiied against the child in conflict with the law and is pending in the appropriate
court, the person shall file a motion to determine the age of the child in the same court where the
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
case is pending. Pending hearing on the said motion, proceedings on the main case shall be
suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials
concerned shall exert all efforts at determining the age of the child in conflict with the law.
Note: Birth Certificate speaks for itself. In crimes involving children, especially under the
Anti-Child Abuse Law, Presentation of the Birth Certificate Seals The Deal. Speaks for Itself. Note
the order of preference from Birth, Baptismal Certificate, other pertinent documents (school
records, etc). Testimonies, etc come in next. In case of doubt, presumption is, child.
Groups playing an important role on Prevention of Juvenile Delinquency:
1. Family (Section 12)

2. Educational System (Section 13)
3. Mass Media (Section 14)
Note: These sectors bear the real burden on helping our children. Imagine a bad family
background (not necessarily broken, because even in complete families, there are a lot of
dysfunctions within, just watch the news), a child cannot go to school for financial or any other
reasons including nagluko, and then, what you watch or hear on mass media (Nevermind!
Teleseryes and all, lack of educational or informative shows that could reach out to children’s
minds). Of course, there is even another one: Social Media. Do we need to further elaborate?
Treatment of Children below the age of criminal responsibility (Section 20)
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the
child taken into custody is fifteen (15) years old or below, the authority which will have an initial
contact with the child has the duty to immediately release the child to the custody of his/her parents
or guardian, or in the absence thereof, the child's nearest relative. Said authority shall give notice
to the local social welfare and development officer who will determine the appropriate programs
in consultation with the child and to the person having custody over the child. If the parents,
guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be
released to any of the following: a duly registered nongovernmental or religious organization; a
barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a
local social welfare and development officer; or when and where appropriate, the DSWD. If the
child referred to herein has been found by the Local Social Welfare and Development Office to be
abandoned, neglected or abused by his parents, or in the event that the parents will not comply
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
with the prevention program, the proper petition for involuntary commitment shall be filed by the
DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No.
603, otherwise ,known as "The Child and Youth Welfare Code".
Procedure for taking the child into custody; Duties during initial investigation (Sections 21 and 22,
reading matter)
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into
custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand why
he/she is being placed under custody and the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her;
(e) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or abusing, or
making sexual advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force
or restraint, unless absolutely necessary and only after all other methods of control have
been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than is
necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over custody of
the child to the Social Welfare and Development Office or other accredited NGOs, and
notify the child's apprehension. The social welfare and development officer shall explain
to the child and the child's parents/guardians the consequences of the child's act with a view
towards counseling and rehabilitation, diversion from the criminal justice system, and
reparation, if appropriate;
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
(j) Take the child immediately to the proper medical and health officer for a thorough
physical and mental examination. The examination results shall be kept confidential unless
otherwise ordered by the Family Court. Whenever the medical treatment is required, steps
shall be immediately undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the law be necessary, the child
shall be secured in quarters separate from that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if so, the
reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have been
informed of the apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the precise details
of the physical and medical examination or the failure to submit a child to such
examination; and
(m) Ensure that all statements signed by the child during investigation shall be witnessed
by the child's parents or guardian, social worker, or legal counsel in attendance who shall
affix his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the same
gender and shall not be locked up in a detention cell.
SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall, in his/her
investigation, determine where the case involving the child in conflict with the law should be
referred.
The taking of the statement of the child shall be conducted in the presence of the following: (1)
child's counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2)
the child's parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare
and development officer. In the absence of the child's parents, guardian, or nearest relative, and
the local social welfare and development officer, the investigation shall be conducted in the
presence of a representative of an NGO, religious group, or member of the BCPC.
After the initial investigation, the local social worker conducting the same may do either of the
following:
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or
above fifteen (15) but below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with
discernment, proceed to diversion under the following chapter.
Note: This is where vigilance steps in. These are the stages especially that contemplated in
Section 21 that abuse happens.
Diversion; Concept (Section 23)
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion
programs without undergoing court proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committee is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance of the
local social welfare and development officer or other members of the LCPC shall conduct
mediation, family conferencing and conciliation and, where appropriate, adopt indigenous
modes of conflict resolution in accordance with the best interest of the child with a view to
accomplishing the objectives of restorative justice and the formulation of a diversion
program. The child and his/her family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years
imprisonment, the local social welfare and development officer shall meet with the child
and his/her parents or guardians for the development of the appropriate diversion and
rehabilitation program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court.
Prohibited Acts (Sections 60 and 61)
SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct of the proceedings
beginning from the initial contact with the child, the competent authorities must refrain from
branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to
them in any manner any other derogatory names. Likewise, no discriminatory remarks and
practices shall be allowed particularly with respect to the child's class or ethnic origin.
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
SEC. 61. Other Prohibited Acts. - The following and any other similar acts shall be considered
prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical
health and well-being of the child in conflict with the law and therefore, prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as cursing, beating,
stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the
heads, pouring irritating, corrosive or harmful substances over the body of the child in
conflict with the law, or forcing him/her to walk around the community wearing signs
which embarrass, humiliate, and degrade his/her personality and dignity; and
(d) Compelling the child to perform involuntary servitude in any and all forms under any
and all instances.
Contemporary issue: relate it to the current culture of impunity, the War on Drugs, the
vulnerability of children, and the treatment of children as adults by arresting officers. Picture all
kinds of abuse, the realities.
II. ANTI-CHILD ABUSE ACT (REPUBLIC ACT 7610 as amended by Republic Act
9231)
This is the main law which penalizes substantially all forms of abuse committed against
children. We have already defined Child/Children, a while ago, and for the duration of this topic,
that definition stands.
Definition of Terms (Section 3, RA 7610)
Child Abuse (Section 3b)
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes
any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
Circumstances which gravely threaten or endanger the survival and normal development of
children; Comprehensive program against child abuse, exploitation and discrimination (Sections
3c and 3d, RA 7610)
(c) "Circumstances which gravely threaten or endanger the survival and normal development of
children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed conflict-
related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere
with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the
care of parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate
access to basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children.
(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the
coordinated program of services and facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of
children.
Note the succeeding paragraphs, be technical on these ones. These are usual subjects of
hypothetical questions or even criminal law questions, even of actual scenarios. As most of the
abuses of children that we hear of are sexual in nature (regardless of gender).
1. Child Prostitution or other sexual abuse (Sec 5)

2. Attempt to commit child prostitution (Sec 6)
3. Obscene Publications and Indecent Shows (Sec 9)
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who
for money, profit, or any other consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed
upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include,
but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral

advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the victims
is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) years of age shall be reclusion
temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place
of entertainment or establishment serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child

prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a
child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a reasonable person to believe that the child
is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when
any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club
and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the
consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt
to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised
Penal Code.
Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether
live or in video, or model in obscene publications or pornographic materials or to sell or distribute
the said materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall
cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie
or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its
medium period.
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
Next, relate the next Sections to the Anti-Human Trafficking Act. Trafficking of Children
is another widespread problem. For what usual purposes? White slavery. Organ donation.
Simulated adoption. Etc.
Child Trafficking; Attempt to Commit Child Trafficking (Sections 7 and 8, RA 7610)
Section 7. Child Trafficking. – Any person who shall engage in trading and dealing with children
including, but not limited to, the act of buying and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking
under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development or written
permit or justification from the child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or

couples to bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be
offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7
hereof shall be imposed upon the principals of the attempt to commit child trafficking under this
Act.
Then, the uniform violations / Other acts of neglect, abuse, etc (Section 10, RA 7610) and
corresponding sanction upon establishment-violators (Section 11, RA 7610)
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
1. Commission of any other acts of child abuse, cruelty or exploitation or to be responsible

for other conditions prejudicial to the child's development including those covered by
Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised
Penal Code, as amended xxx
2. Keeping or having in his company a minor, twelve (12) years or under or who in ten (10)
years or more his junior in any public or private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar
places xxx
a. Exception: Any person who is related within the fourth degree of consanguinity or
affinity or any bond recognized by law, local custom and tradition or acts in the
performance of a social, moral or legal duty
3. Inducing, delivering or offering a minor to any one prohibited by this Act to keep or have
in his company a minor as provided in the preceding paragraph xxx
a. Exception: should the perpetrator be an ascendant, stepparent or guardian of the

minor – HIGHER PENALTY
4. For any person, owner, manager or one entrusted with the operation of any public or private
place of accommodation, whether for occupancy, food, drink or otherwise, including
residential places, to allow any person to take along with him to such place or places any
minor herein described xxx
5. Using, Coercing, Forcing or Intimidating a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities xxx
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct

Activities Constituting Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse. – All establishments and enterprises
which promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse shall be immediately closed and their
authority or license to operate cancelled, without prejudice to the owner or manager thereof being
prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with
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Sources:
1987 Constitution
the words "off limits" shall be conspicuously displayed outside the establishments or enterprises
by the Department of Social Welfare and Development for such period which shall not be less than
one (1) year, as the Department may determine. xxx
An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse,
child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment under this Act or in violation of
the Revised Penal Code, as amended. An enterprise such as a sauna, travel agency, or recruitment
agency which: promotes the aforementioned acts as part of a tour for foreign tourists; exhibits
children in a lewd or indecent show; provides child masseurs for adults of the same or opposite
sex and said services include any lascivious conduct with the customers; or solicits children or
activities constituting the aforementioned acts shall be deemed to have committed the acts
penalized herein.
Rules with respect to working children (Sections 12 to 14, RA 7610 as Amended by RA 9231)
"Sec. 12. Employment of Children - Children below fifteen (15) years of age shall not be employed
except:
"1) When a child works directly under the sole responsibility of his/her parents or legal
guardian and where only members of his/her family are employed: Provided,
however, That his/her employment neither endangers his/her life, safety, health, and
morals, nor impairs his/her normal development: Provided, further, That the parent or legal
guardian shall provide the said child with the prescribed primary and/or secondary
education; or
"2) Where a child's employment or participation in public entertainment or information

through cinema, theater, radio, television or other forms of media is essential: Provided,
That the employment contract is concluded by the child's parents or legal guardian, with
the express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, further, That the following requirements
in all instances are strictly complied with:
"(a) The employer shall ensure the protection, health, safety, morals and normal
development of the child;
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Sources:
1987 Constitution
"(b) The employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and
"(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and skills
acquisition of the child.
"In the above-exceptional cases where any such child may be employed, the employer shall
first secure, before engaging such child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above requirements.
"For purposes of this Article, the term "child" shall apply to all persons under eighteen (18)
years of age."
"Sec. 12-A. Hours of Work of a Working Child. - Under the exceptions provided in Section 12 of
this Act, as amended:
"(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20)
hours a week: Provided, That the work shall not be more than four (4) hours at any given day;
"(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more
than eight (8) hours a day, and in no case beyond forty (40) hours a week;
"(3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the
evening and six o'clock in the morning of the following day and no child fifteen (15) years of age
but below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock
in the morning of the following day."
"Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. - The wages,
salaries, earnings and other income of the working child shall belong to him/her in ownership and
shall be set aside primarily for his/her support, education or skills acquisition and secondarily to
the collective needs of the family: Provided, That not more than twenty percent (20%) of the
child's income may be used for the collective needs of the family.
"The income of the working child and/or the property acquired through the work of the child shall
be administered by both parents. In the absence or incapacity of either of the parents, the other
parent shall administer the same. In case both parents are absent or incapacitated, the order of
preference on parental authority as provided for under the Family Code shall apply.
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Sources:
1987 Constitution
"Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. - The parent or legal
guardian of a working child below eighteen (18) years of age shall set up a trust fund for at least
thirty percent (30%) of the earnings of the child whose wages and salaries from work and other
income amount to at least two hundred thousand pesos (P200,000.00) annually, for which he/she
shall render a semi-annual accounting of the fund to the Department of Labor and Employment,
in compliance with the provisions of this Act. The child shall have full control over the trust fund
upon reaching the age of majority.
Notes: For these provisions, remember the child stars. Nasusunod ba?
"Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in the
worst forms of child labor. The phrase "worst forms of child labor" shall refer to any of the
following:
"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003",
or practices similar to slavery such as sale and trafficking of children, debt bondage and
serfdom and forced or compulsory labor, including recruitment of children for use in armed
conflict; or
"(2) The use, procuring, offering or exposing of a child for prostitution, for the production
of pornography or for pornographic performances; or
"(3) The use, procuring or offering of a child for illegal or illicit activities, including the
production and trafficking of dangerous drugs and volatile substances prohibited under
existing laws; or
"(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous
or likely to be harmful to the health, safety or morals of children, such that it:
"a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a
human being; or
"b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly
stressful psychologically or may prejudice morals; or
"c) Is performed underground, underwater or at dangerous heights; or
"d) Involves the use of dangerous machinery, equipment and tools such as power-
driven or explosive power-actuated tools; or
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Sources:
1987 Constitution
"e) Exposes the child to physical danger such as, but not limited to the dangerous
feats of balancing, physical strength or contortion, or which requires the manual
transport of heavy loads; or
"f) Is performed in an unhealthy environment exposing the child to hazardous

working conditions, elements, substances, co-agents or processes involving
ionizing, radiation, fire, flammable substances, noxious components and the like,
or to extreme temperatures, noise levels, or vibrations; or
"g) Is performed under particularly difficult conditions; or
"h) Exposes the child to biological agents such as bacteria, fungi, viruses,
protozoans, nematodes and other parasites; or
"i) Involves the manufacture or handling of explosives and other pyrotechnic

products."
"Sec. 13. Access to Education and Training for Working Children - "a) No child shall be deprived
of formal or non-formal education. In all cases of employment allowed in this Act, the employer
shall provide a working child with access to at least primary and secondary education.
"b) To ensure and guarantee the access of the working child to education and training, the
Department of Education (DEPED) shall: (1) formulate, promulgate, and implement relevant and
effective course designs and educational programs; (2) conduct the necessary training for the
implementation of the appropriate curriculum for the purpose; (3) ensure the availability of the
needed educational facilities and materials; and (4) conduct continuing research and development
program for the necessary and relevant alternative education of the working child.
"c) The DEPED shall promulgate a course design under its non-formal education program aimed
at promoting the intellectual, moral and vocational efficiency of working children who have not
undergone or finished elementary or secondary education. Such course design shall integrate the
learning process deemed most effective under given circumstances."
"Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child shall
be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages,
intoxicating drinks, tobacco and its byproducts, gambling or any form of violence or pornography."
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Sources:
1987 Constitution
PROCEDURAL PART: JURISDICTION IN VIOLATIONS OF ANTI-CHILD ABUSE LAW;

BENEFITS OF CHILD VICTIM; FILING OF COMPLAINT (Section 27, 16-A to 16-C, RA 7610
as amended by RA 9231)
Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed
against the children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of

consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.
"Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction over all cases
involving offenses punishable under this Act: Provided, That in cities or provinces where there are
no family courts yet, the regional trial courts and the municipal trial courts shall have concurrent
jurisdiction depending on the penalties prescribed for the offense charged.
"The preliminary investigation of cases filed under this Act shall be terminated within a period of
thirty (30) days from the date of filing.
"If the preliminary investigation establishes a prima facie case, then the corresponding information
shall be filed in court within forty eight (48) hours from the termination of the investigation.
"Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from
the date of filing of information. Decision on said cases shall be rendered within a period of fifteen
(15) days from the date of submission of the case.
Note: FAMILY COURTS / RTC DESIGNATED AS FAMILY COURTS where the offense was
committed
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1987 Constitution
"Sec. 16-B. Exemptions from Filing Fees. - When the victim of child labor institutes a separate
civil action for the recovery of civil damages, he/she shall be exempt from payment of filing
fees.
"Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services - The working child
shall have the right to free legal, medical and psycho-social services to be provided by the State."
Children as Zones of Peace (Section 22, RA 7610)
Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of Peace. It shall
be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order
to promote the goal of children as zones of peace. To attain this objective, the following policies
shall be observed.
(a) Children shall not be the object of attack and shall be entitled to special respect. They
shall be protected from any form of threat, assault, torture or other cruel, inhumane or
degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines of its civilian units or other armed groups, nor be allowed to take part in the
fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency relief
services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in
fact-finding missions from both government and non-government institutions shall be
ensured. They shall not be subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be utilized
for military purposes such as command posts, barracks, detachments, and supply depots;
and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.
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Sources:
1987 Constitution
PEOPLE vs MALTO, GR 164733, 21 September 2007
In sum, the classic case of Professor-did-it with his student, days shy of the student’s 18th
birthday. Then he used sweetheart defense. A defense used in rape. Thus:
“The sweetheart theory applies in acts of lasciviousness and rape, felonies committed against or
without the consent of the victim. It operates on the theory that the sexual act was consensual. It
requires proof that the accused and the victim were lovers and that she consented to the sexual
relations.30
For purposes of sexual intercourse and lascivious conduct in child abuse cases under RA 7610, the
sweetheart defense is unacceptable. A child exploited in prostitution or subjected to other sexual
abuse cannot validly give consent to sexual intercourse with another person.
The language of the law is clear: it seeks to punish
[t]hose who commit the act of sexual intercourse or lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse.
Unlike rape, therefore, consent is immaterial in cases involving violation of Section 5, Article III
of RA 7610. The mere act of having sexual intercourse or committing lascivious conduct with a
child who is exploited in prostitution or subjected to sexual abuse constitutes the offense. It is
a malum prohibitum, an evil that is proscribed.
A child cannot give consent to a contract under our civil laws.31 This is on the rationale that she
can easily be the victim of fraud as she is not capable of fully understanding or knowing the nature
or import of her actions. The State, as parens patriae, is under the obligation to minimize the risk
of harm to those who, because of their minority, are as yet unable to take care of themselves
fully.32 Those of tender years deserve its protection.33
The harm which results from a child’s bad decision in a sexual encounter may be infinitely more
damaging to her than a bad business deal. Thus, the law should protect her from the harmful
consequences34 of her attempts at adult sexual behavior.35 For this reason, a child should not be
deemed to have validly consented to adult sexual activity and to surrender herself in the act of
ultimate physical intimacy under a law which seeks to afford her special protection against abuse,
exploitation and discrimination. (Otherwise, sexual predators like petitioner will be justified, or
even unwittingly tempted by the law, to view her as fair game and vulnerable prey.) In other words,
a child is presumed by law to be incapable of giving rational consent to any lascivious act or sexual
intercourse.361âwphi1
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
This must be so if we are to be true to the constitutionally enshrined State policy to promote the
physical, moral, spiritual, intellectual and social well-being of the youth.37 This is consistent with
the declared policy of the State
[T]o provide special protection to children from all forms of abuse, neglect,
cruelty, exploitation and discrimination, and other conditions prejudicial to their
development; provide sanctions for their commission and carry out a program for prevention
and deterrence of and crisis intervention in situations of child abuse, exploitation, and
discrimination.38 (emphasis supplied) as well as to intervene on behalf of the child when the
parents, guardian, teacher or person having care or custody of the child fails or is unable to protect
the child against abuse, exploitation, and discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or person having care and custody of the
same.39 (emphasis supplied)
This is also in harmony with the foremost consideration of the child’s best interests in all actions
concerning him or her.
The best interest of children shall be the paramount consideration in all actions concerning
them, whether undertaken by public or private social welfare institutions, courts of law,
administrative authorities, and legislative bodies, consistent with the principles of First Call for
Children as enunciated in the United Nations Convention on the Rights of the Child. Every effort
shall be exerted to promote the welfare of children and enhance their opportunities for a
useful and happy life.40 (emphasis supplied)”
III. ANTI-CHILD PORNOGRAPHY ACT (Republic Act 9775)
The provisions of the Anti-Child Abuse Law (especially on the sexual aspects) were not
enough to combat the ills, as even within the confines of the homes or within the dark world of
white slavery, and with advances in technology especially social media, Child Pornography
became more rampant. Hence, this law.
Salient Provisions:
Defintion of Terms (Section 3)
(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take
care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition.
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Sources:
1987 Constitution
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a child as defined
herein; and
(2) computer-generated, digitally or manually crafted images or graphics of a person who

is represented or who is made to appear to be a child as defined herein.
(b) "Child pornography" refers to any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged
or involved in real or simulated explicit sexual activities.
(c) "Explicit Sexual Activity" includes actual or simulated -
(1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact involving
genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons
of the same or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious acts
(d) "Internet address" refers to a website, bulletin board service, internet chat room or news group,
or any other internet or shared network protocol address.
(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to
the public for the use of its computer/s or computer system for the purpose of accessing the internet,
computer games or related services.
(f) "Internet content host" refers to a person who hosts or who proposes to host internet content in
the Philippines.
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
(g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to supply,
an internet carriage service to the public.
(h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be
a child for sexual activity or sexual relationship by communicating any form of child pornography.
It includes online enticement or enticement through any other means.
(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or
someone who the offender believes to be a child for the purpose of facilitating the commission of
sexual activity or production of any form of child pornography.(2) Bestiality;
(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing
through any means any material or purported material that is intended to cause another to believe
that the material or purported material contains any form of child pornography, regardless of the
actual content of the material or purported material.
(k) "Person" refers to any natural or juridical entity.
Unlawful / Prohibited Acts (Section 4); Syndicated Child Pornography (Section 5):
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or
import any form of child pornography;
(d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or more articles of child pornography of
the same form shall be prima facie evidence of the intent to sell, distribute, publish or
broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of
prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
(f) For film distributors, theaters and telecommunication companies, by themselves or in

cooperation with other entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a child to knowingly
permit the child to engage, participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the said prohibited acts and
decide to commit it; and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed
by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating
with one another and shall be punished under Section 15(a) of this Act.
Remedial Aspect (Sections 6 and 7):
Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography
and other offenses punishable under this Act may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development
(DSWD);
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Sources:
1987 Constitution
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the violation
occurred; or
(j) Any person who has personal knowledge of the circumstances of the commission of any
offense under this Act.
Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested in the
Family Court which has territorial jurisdiction over the place where the offense or any of its
essential elements was committed pursuant to Republic Act No. 8369, otherwise known as "Family
Courts Act of 1997".
DUTIES AND AUTHORITIES OF INTERESTED PARTIES (Sections 9 to 12)
Section 9. Duties of an Internet Service Provider (ISP). – All internet service providers (ISPs)
shall notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI)
within seven (7) days from obtaining facts and circumstances that any form of child pornography
is being committed using its server or facility. Nothing in this section may be construed to require
an ISP to engage in the monitoring of any user, subscriber or customer, or the content of any
communication of any such person: Provided, That no ISP shall be held civilly liable for damages
on account of any notice given in good faith in compliance with this section.
Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by
relevant authorities.
An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or
attempted to gain access to an internet address which contains any form of child pornography.
All ISPs shall install available technology, program or software to ensure that access to or
transmittal of any form of child pornography will be blocked or filtered.
An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to
the penalty provided under Section 15(k) of this Act.
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1987 Constitution
The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days
from the effectivity of this Act the necessary rules and regulations for the implementation of this
provision which shall include, among others, the installation of filtering software that will block
access to or transmission of any form of the child pornography.
Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business
Establishments. – All mall owners/operators and owners or lessors of other business
establishments shall notify the PNP or the NBI within seven (7) days from obtaining facts and
circumstances that child pornography is being committed in their premises. Provided, That public
display of any form of child pornography within their premises is a conclusive presumption of the
knowledge of the mall owners/operators and owners or lessors of other business establishments of
the violation of this Act: Provided, further, That a disputable presumption of knowledge by mall
owners/operators and owners or lessors of other business establishments should know or
reasonably know that a violation of this Act is being committed in their premises.
Photo developers, information technology professionals, credit card companies and banks and any
person who has direct knowledge of any form of child pornography activities shall have the duty
to report any suspected child pornography materials or transactions to the proper authorities within
seven (7) days from discovery thereof.
Any willful and intentional violation of this provision shall be subject to the penalty provided
under Section 15(l) of this Act.
Section 11. Duties of an Internet Content Host. – An internet content host shall:
(a) Not host any form of child pornography on its internet address;
(b) Within seven (7) days, report the presence of any form of child pornography, as well as
the particulars of the person maintaining, hosting, distributing or in any manner
contributing to such internet address, to the proper authorities; and
© Preserve such evidence for purposes of investigation and prosecution by relevant

authorities.
An internet content host shall, upon the request of proper authorities, furnish the particulars of
users who gained or attempted to gain access to an internet address that contains any form of child
pornography.
An internet content host who shall knowingly, willfully and intentionally violate this provision
shall be subject to the penalty provided under Section 15(j) of this Act: Provided, That the failure
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Sources:
1987 Constitution
of the internet content host to remove any form of child pornography within forty-eight (48) hours
from receiving the notice that any form of child pornography is hitting its server shall be conclusive
evidence of willful and intentional violation thereof.
Section 12. Authority to Regulate Internet Café or Kiosk. – The local government unit (LGU) of
the city or municipality where an internet café or kiosk is located shall have the authority to
monitor and regulate the establishment and operation of the same or similar establishments in order
to prevent violation of the provisions of this Act.
TRANSNATIONAL CRIME; EXTRADITABLE OFFENSE (Sections 22 and 23)
Section 22. Child Pornography as a Transnational Crime. – Pursuant to the Convention on

transnational Organized Crime, the DOJ may execute the request of a foreign state for assistance
in the investigation or prosecution of any form of child pornography by: (1) conducting a
preliminary investigation against the offender and, if appropriate, to file the necessary charges in
court; (2) giving information needed by the foreign state; and (3) to apply for an order of forfeiture
of any proceeds or monetary instrument or properly located in the Philippines used in connection
with child pornography in the court; Provided, That if the DOJ refuses to act on the request of for
delaying the execution thereof: Provided, further, That the principles of mutuality and reciprocity
shall, for this purpose, be at all times recognized.
Section 23. Extradition. – The DOJ, in consultation with the Department of Foreign Affairs
(DFA), shall endeavor to include child pornography among extraditable offenses in future treaties.
RIGHTS OF WOMEN
The late John Lennon in his post-Beatles career presented the woman from two points of
view: he acknowledged society’s unfair treatment to women in his song “Woman in the Nigger of
the World” and on the other side of the spectrum, praised woman as the other half of the sky in
his 1980 song “Woman”. Man may left and right complain about women’s irrational mood swings
or any unfair treatment they get from women, but regardless, as Billy Joel said, “She’s always a
woman to me”. Guys, we owe it to our mothers. We owe it to our significant others. Married
guys, you owe it to your wives.
Yet, in the patriarchal society, reality bites. Women were abused, women did not have
rights. In some societies, it remains the same. Unequal treatment towards women. Women being
viewed as people of the homes: taking care of the household, of the children. Before, women did
not even have the right to vote, among many rights that women were deprived of. But society
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1987 Constitution
evolved. Women’s rights were put into society’s consciousness. What men can do, women can
also do, even better. Countries have women leaders. Workplaces have women leaders. The voice
of the woman is now being heard loud and clear. Even the ratio of woman is to man shows that
there are more women than men.
Convention: Convention on the Elimination of all forms of Discrimination against Women

(CEDAW)
Let us adopt the definition so provided for in the Convention with respect to the term
Discrimination against Women
Discrimination against Women (Article I, CEDAW)

- Any distinction, exclusion or restriction made on the basis of sex which has the effect or
purpose of impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural, civil or any
other field
Local Laws:
A. MAGNA CARTA FOR WOMEN (Republic Act No. 9710)
Principles on the Human Rights of Women (Section 3)
Human rights are universal and inalienable. All people in the world are entitled to them. The
universality of human rights is encompassed in the words of Article 1 of the Universal Declaration
of Human Rights, which states that all human beings are free and equal in dignity and rights.
Human rights are indivisible. Human rights are inherent to the dignity of every human being
whether they relate to civil, cultural, economic, political, or social issues.
Human rights are interdependent and interrelated. The fulfillment of one right often depends,
wholly or in part, upon the fulfillment of others.
All individuals are equal as human beings by virtue of the inherent dignity of each human person.
No one, therefore, should suffer discrimination on the basis of ethnicity, gender, age, language,
sexual orientation, race, color, religion, political, or other opinion, national, social, or geographical
origin, disability, property, birth, or other status as established by human rights standards.
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1987 Constitution
All people have the right to participate in and access information relating to the decision- making
processes that affect their lives and well-being. Rights-based approaches require a high degree of
participation by communities, civil society, minorities, women, young people, indigenous peoples,
and other identified groups.
States and other duty-bearers are answerable for the observance of human rights. They have to
comply with the legal norms and standards enshrined in international human rights instruments in
accordance with the Philippine Constitution. Where they fail to do so, aggrieved rights-holders are
entitled to institute proceedings for appropriate redress before a competent court or other
adjudicator in accordance with the rules and procedures provided by law.
Salient Definitions (Section 4)
"Women Empowerment" refers to the provision, availability, and accessibility of opportunities,

services, and observance of human rights which enable women to actively participate and
contribute to the political, economic, social, and cultural development of the nation as well as those
which shall provide them equal access to ownership, management, and control of production, and
of material and informational resources and benefits in the family, community, and society.
Test in determining if a practice is tantamount to discrimination against women (Sec 4b last 2

pars):
A measure or practice of general application is discrimination against women if it fails to provide

for mechanisms to offset or address sex or gender-based disadvantages or limitations of women,
as a result of which women are denied or restricted in the recognition and protection of their rights
and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than
men, are shown to have suffered the greater adverse effects of those measures or practices.
Provided, finally, That discrimination compounded by or intersecting with other grounds, status,
or condition, such as ethnicity, age, poverty, or religion shall be considered discrimination against
women under this Act.
"Gender Equality" refers to the principle asserting the equality of men and women and their right
to enjoy equal conditions realizing their full human potentials to contribute to and benefit from
the results of development, and with the State recognizing that all human beings are free and
equal in dignity and rights.
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1987 Constitution
"Gender Equity" refers to the policies, instruments, programs, services, and actions that address
the disadvantaged position of women in society by providing preferential treatment and
affirmative action. Such temporary special measures aimed at accelerating de facto equality
between men and women shall not be considered discriminatory but shall in no way entail as a
consequence the maintenance of unequal or separate standards. These measures shall be
discontinued when the objectives of equality of opportunity and treatment have been achieved.
"Women in the Military" refers to women employed in the military, both in the major and technical
services, who are performing combat and/or noncombat functions, providing security to the State,
and protecting the people from various forms of threat. It also includes women trainees in all
military training institutions.
Obligations of the State as the Primary Duty-Bearer (Section 5, a to c)
(a) Refrain from discriminating against women and violating their rights;
(b) Protect women against discrimination and from violation of their rights by private
corporations, entities, and individuals; and
(c) Promote and fulfill the rights of women in all spheres, including their rights to substantive
equality and non-discrimination.
Salient Rights of Women (Chapter IV):
Section 9. Protection from Violence. - The State shall ensure that all women shall be protected
from all forms of violence as provided for in existing laws. Agencies of government shall give
priority to the defense and protection of women against gender-based offenses and help women
attain justice and healing.
Towards this end, measures to prosecute and reform offenders shall likewise be pursued.
(a) Within the next five (5) years, there shall be an incremental increase in the recruitment and
training of women in the police force, forensics and medico-legal, legal services, and social work
services availed of by women who are victims of gender-related offenses until fifty percent (50%)
of the personnel thereof shall be women.
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1987 Constitution
(b) Women shall have the right to protection and security in situations of armed conflict and
militarization. Towards this end, they shall be protected from all forms of gender-based violence,
particularly rape and other forms of sexual abuse, and all forms of violence in situations of armed
conflict. The State shall observe international standards for the protection of civilian population in
circumstances of emergency and armed conflict. It shall not force women, especially indigenous
peoples, to abandon their lands, territories, and means of subsistence, or relocate them in special
centers for military purposes under any discriminatory condition.
(c) All government personnel involved in the protection and defense of women against gender-
based violence shall undergo a mandatory training on human rights and gender sensitivity pursuant
to this Act.
(d) All local government units shall establish a Violence Against Women's Desk in every barangay
to ensure that violence against women cases are fully addressed in a gender-responsive manner.
Section 10. Women Affected by Disasters, Calamities, and Other Crisis Situations. - Women
have the right to protection and security in times of disasters, calamities, and other crisis situations
especially in all phases of relief, recovery, rehabilitation, and construction efforts. The State shall
provide for immediate humanitarian assistance, allocation of resources, and early resettlement, if
necessary. It shall also address the particular needs of women from a gender perspective to ensure
their full protection from sexual exploitation and other sexual and gender- based violence
committed against them. Responses to disaster situations shall include the provision of services,
such as psychosocial support, livelihood support, education, psychological health, and
comprehensive health services, including protection during pregnancy.
Section 11. Participation and Representation. - The State shall undertake temporary special
measures to accelerate the participation and equitable representation of women in all spheres of
society particularly in the decision-making and policy-making processes in government and
private entities to fully realize their role as agents and beneficiaries of development.
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
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1987 Constitution
(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.
Section 12. Equal Treatment Before the Law. - The State shall take steps to review and, when
necessary, amend and/or repeal existing laws that are discriminatory to women within three (3)
years from the effectivity of this Act.
Section 13. Equal Access and Elimination of Discrimination in Education, Scholarships, and
Training. - (a) The State shall ensure that gender stereotypes and images in educational materials
and curricula are adequately and appropriately revised. Gender-sensitive language shall be used at
all times. Capacity-building on gender and development (GAD), peace and human rights,
education for teachers, and all those involved in the education sector shall be pursued toward this
end. Partnerships between and among players of the education sector, including the private sector,
churches, and faith groups shall be encouraged.
(b) Enrollment of women in nontraditional skills training in vocational and tertiary levels shall be
encouraged.
(c) Expulsion and non-readmission of women faculty due to pregnant;- outside of marriage shall
be outlawed. No school shall turn out or refuse admission to a female student solely on the account
of her having contracted pregnancy outside of marriage during her term in school.
Section 14. Women in Sports. - The State shall develop, establish, and strengthen programs for
the participation of women and girl-children in competitive and noncompetitive sports as a means
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1987 Constitution
to achieve excellence, promote physical and social well-being, eliminate gender-role stereotyping,
and provide equal access to the full benefits of development for all persons regardless of sex,
gender identity, and other similar factors.
For this purpose, all sports-related organizations shall create guidelines that will establish and
integrate affirmative action as a strategy and gender equality as a framework in planning and
implementing their policies, budgets, programs, and activities relating to the participation of
women and girls in sports.
The State will also provide material and nonmaterial incentives to local government units, media
organizations, and the private sector for promoting, training, and preparing women and girls for
participation in competitive and noncompetitive sports, especially in local and international events,
including, but not limited to, the Palarong Pambansa, Southeast Asian Games, Asian Games, and
the Olympics.
No sports event or tournament will offer or award a different sports prize, with respect to its amount
or value, to women and men winners in the same sports category: Provided, That the said
tournament, contest, race, match, event, or game is open to both sexes: Provided, further, That the
sports event or tournament is divided into male or female divisions.
The State shall also ensure the safety and well-being of all women and girls participating in sports,
especially, but not limited to, trainees, reserve members, members, coaches, and mentors of
national sports teams, whether in studying, training, or performance phases, by providing them
comprehensive health and medical insurance coverage, as well as integrated medical, nutritional,
and healthcare services.
Schools, colleges, universities, or any other learning institution shall take into account its total
women student population in granting athletic scholarship. There shall be a pro rata representation
of women in the athletic scholarship program based on the percentage of women in the whole
student population.
Section 15. Women in the Military. - The State shall pursue appropriate measures to eliminate
discrimination of women in the military, police, and other similar services, including revising or
abolishing policies and practices that restrict women from availing of both combat and noncombat
training that are open to men, or from taking on functions other than administrative tasks, such as
engaging in combat, security-related, or field operations. Women in the military shall be accorded
the same promotional privileges and opportunities as men, including pay increases, additional
remunerations and benefits, and awards based on their competency and quality of performance.
Towards this end, the State shall ensure that the personal dignity of women shall always be
respected.
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1987 Constitution
Women in the military, police, and other similar services shall be provided with the same right to
employment as men on equal conditions. Equally, they shall be accorded the same capacity as men
to act in and enter into contracts, including marriage.
Further, women in the military, police; and other similar services shall be entitled to leave benefits
such as maternity leave, as provided for by existing laws.
Section 16. Nondiscriminatory and Nonderogatory Portrayal of Women in Media and Film. -
The State shall formulate policies and programs for the advancement of women in collaboration
with government and nongovernment media-related organizations. It shall likewise endeavor to
raise the consciousness of the general public in recognizing the dignity of women and the role and
contribution of women in the family; community, and the society through the strategic use of mass
media.
For this purpose, the State shall ensure allocation of space; airtime, and resources, strengthen
programming, production, and image-making that appropriately present women's needs, issues,
and concerns in all forms of media, communication, information dissemination, and advertising.
The State, in cooperation with all schools of journalism, information, and communication, as well
as the national media federations and associations, shall require all media organizations and
corporations to integrate into their human resource development components regular training on
gender equality and gender-based discrimination, create and use gender equality guidelines in all
aspects of management, training, production, information, dissemination, communication, and
programming; and convene a gender equality committee that will promote gender mainstreaming
as a framework and affirmative action as a strategy, and monitor and evaluate the implementation
of gender equality guidelines.
Section 17. Women's Right to Health. - (a) Comprehensive Health Services. - The State shall, at
all times, provide for a comprehensive, culture-sensitive, and gender-responsive health services
and programs covering all stages of a woman's life cycle and which addresses the major causes of
women's mortality and morbidity: Provided, That in the provision for comprehensive health
services, due respect shall be accorded to women's religious convictions, the rights of the spouses
to found a family in accordance with their religious convictions, and the demands of responsible
parenthood, and the right of women to protection from hazardous drugs, devices, interventions,
and substances.
Access to the following services shall be ensured:
(1) Maternal care to include pre- and post-natal services to address pregnancy and infant
health and nutrition;
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1987 Constitution
(2) Promotion of breastfeeding;
(3) Responsible, ethical, legal, safe, and effective methods of family planning;
(4) Family and State collaboration in youth sexuality education and health services without
prejudice to the primary right and duty of parents to educate their children;
(5) Prevention and management of reproductive tract infections, including sexually

transmitted diseases, HIV, and AIDS;
(6) Prevention and management of reproductive tract cancers like breast and cervical
cancers, and other gynecological conditions and disorders;
(7) Prevention of abortion and management of pregnancy-related complications;
(8) In cases of violence against women and children, women and children victims and
survivors shall be provided with comprehensive health services that include psychosocial,
therapeutic, medical, and legal interventions and assistance towards healing, recovery, and
empowerment;
(9) Prevention and management of infertility and sexual dysfunction pursuant to ethical
norms and medical standards;
(10) Care of the elderly women beyond their child-bearing years; and
(11) Management, treatment, and intervention of mental health problems of women and
girls. In addition, healthy lifestyle activities are encouraged and promoted through
programs and projects as strategies in the prevention of diseases.
(b) Comprehensive Health Information and Education. - The State shall provide women in all
sectors with appropriate, timely, complete, and accurate information and education on all the
above-stated aspects of women's health in government education and training programs, with due
regard to the following:
(1) The natural and primary right and duty of parents in the rearing of the youth and the
development of moral character and the right of children to be brought up in an atmosphere
of morality and rectitude for the enrichment and strengthening of character;
(2) The formation of a person's sexuality that affirms human dignity; and
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HUMAN RIGHTS NOTES
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1987 Constitution
(3) Ethical, legal, safe, and effective family planning methods including fertility awareness.
Section 18. Special Leave Benefits for Women. - A woman employee having rendered continuous
aggregate employment service of at least six (6) months for the last twelve (12) months shall be
entitled to a special leave benefit of two (2) months with full pay based on her gross monthly
compensation following surgery caused by gynecological disorders.
Section 19. Equal Rights in All Matters Relating to Marriage and Family Relations. - The State
shall take all appropriate measures to eliminate discrimination against women in all matters
relating to marriage and family relations and shall ensure:
(a) the same rights to enter into and leave marriages or common law relationships referred
to under the Family Code without prejudice to personal or religious beliefs;
(b) the same rights to choose freely a spouse and to enter into marriage only with their free
and full consent. The betrothal and the marriage of a child shall have no legal effect;
(c) the joint decision on the number and spacing of their children and to have access to the
information, education and means to enable them to exercise these rights;
(d) the same personal rights between spouses or common law spouses including the right
to choose freely a profession and an occupation;
(e) the same rights for both spouses or common law spouses in respect of the ownership,
acquisition, management, administration, enjoyment, and disposition of property;
(f) the same rights to properties and resources, whether titled or not, and inheritance,
whether formal or customary; and
(g) women shall have equal rights with men to acquire, change, or retain their nationality.
The State shall ensure in particular that neither marriage to an alien nor change of
nationality by the husband during marriage shall automatically change the nationality of
the wife, render her stateless or force upon her the nationality of the husband. Various
statutes of other countries concerning dual citizenship that may be enjoyed equally by
women and men shall likewise be considered.
Customary laws shall be respected: Provided, however, That they do not discriminate against
women.
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HUMAN RIGHTS NOTES
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1987 Constitution
B. SOLO PARENTS ACT OF 2000 (Republic Act 8972)
Definitions (Section 3)
(a) "Solo parent" - any individual who falls under any of the following categories:
(1) A woman who gives birth as a result of rape and other crimes against chastity even
without a final conviction of the offender: Provided, That the mother keeps and raises the
child;
(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;
(3) Parent left solo or alone with the responsibility of parenthood while the spouse is
detained or is serving sentence for a criminal conviction for at least one (1) year;
(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or
mental incapacity of spouse as certified by a public medical practitioner;
(5) Parent left solo or alone with the responsibility of parenthood due to legal separation
or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted
with the custody of the children;
(6) Parent left solo or alone with the responsibility of parenthood due to declaration of
nullity or annulment of marriage as decreed by a court or by a church as long as he/she is
entrusted with the custody of the children;
(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of
spouse for at least one (1) year;
(8) Unmarried mother/father who has preferred to keep and rear her/his child/children
instead of having others care for them or give them up to a welfare institution;
(9) Any other person who solely provides parental care and support to a child or children;
(10) Any family member who assumes the responsibility of head of family as a result of
the death, abandonment, disappearance or prolonged absence of the parents or solo
parent.
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HUMAN RIGHTS NOTES
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1987 Constitution
A change in the status or circumstance of the parent claiming benefits under this Act,
such that he/she is no longer left alone with the responsibility of parenthood, shall
terminate his/her eligibility for these benefits.
(b) "Children" - refer to those living with and dependent upon the solo parent for support who
are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen
(18) years but are incapable of self-support because of mental and/or physical defect/disability.
(c) "Parental responsibility" - with respect to their minor children shall refer to the rights and
duties of the parents as defined in Article 220 of Executive Order No. 209, as amended,
otherwise known as the "Family Code of the Philippines."
(d) "Parental leave" - shall mean leave benefits granted to a solo parent to enable him/her to
perform parental duties and responsibilities where physical presence is required.
(e) "Flexible work schedule" - is the right granted to a solo parent employee to vary his/her
arrival and departure time without affecting the core work hours as defined by the employer.
Criteria for Support (Section 4)
Section 4. Criteria for Support. - Any solo parent whose income in the place of domicile falls
below the poverty threshold as set by the National Economic and Development Authority (NEDA)
and subject to the assessment of the DSWD worker in the area shall be eligible for
assistance: Provided, however, That any solo parent whose income is above the poverty threshold
shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.
Comprehensive Package of Social Development and Welfare Services (Section 5)
Section 5. Comprehensive Package of Social Development and Welfare Services. - A

comprehensive package of social development and welfare services for solo parents and their
families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG,
in coordination with local government units and a nongovernmental organization with proven track
record in providing services for solo parents.
The DSWD shall coordinate with concerned agencies the implementation of the comprehensive
package of social development and welfare services for solo parents and their families. The
package will initially include:
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Sources:
1987 Constitution
(a) Livelihood development services which include trainings on livelihood skills, basic
business management, value orientation and the provision of seed capital or job placement.
(b) Counseling services which include individual, peer group or family counseling. This
will focus on the resolution of personal relationship and role conflicts.
(c) Parent effectiveness services which include the provision and expansion of knowledge
and skills of the solo parent on early childhood development, behavior management, health
care, rights and duties of parents and children.
(d) Critical incidence stress debriefing which includes preventive stress management
strategy designed to assist solo parents in coping with crisis situations and cases of abuse.
(e) Special projects for individuals in need of protection which include temporary shelter,
counseling, legal assistance, medical care, self-concept or ego-building, crisis management
and spiritual enrichment.
Other benefits for Qualified Solo Parents (Sections 6 to 11)
Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working schedule
for solo parents: Provided, That the same shall not affect individual and company
productivity: Provided, further, That any employer may request exemption from the above
requirements from the DOLE on certain meritorious grounds.
Section 7. Work Discrimination. - No employer shall discriminate against any solo parent
employee with respect to terms and conditions of employment on account of his/her status.
Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of
not more than seven (7) working days every year shall be granted to any solo parent employee who
has rendered service of at least one (1) year.
Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the following
benefits and privileges:
(1) Scholarship programs for qualified solo parents and their children in institutions of
basic, tertiary and technical/skills education; and
(2) Nonformal education programs appropriate for solo parents and their children.
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1987 Constitution
The DECS, CHED and TESDA shall promulgate rules and regulations for the proper
implementation of this program.
Section 10. Housing Benefits. - Solo parents shall be given allocation in housing projects and shall
be provided with liberal terms of payment on said government low-cost housing projects in
accordance with housing law provisions prioritizing applicants below the poverty line as declared
by the NEDA.
Section 11. Medical Assistance. - The DOH shall develop a comprehensive health care program
for solo parents and their children. The program shall be implemented by the DOH through their
retained hospitals and medical centers and the local government units (LGUs) through their
provincial/district/city/municipal hospitals and rural health units (RHUs).
C. ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN ACT (Republic Act

9262)
In terms of Philippine laws protecting women, the VAWCI is by far the strongest. Note its
interrelatedness with the provisions on Legal Separation, especially on the grounds.
Definition of Terms (Section 3)
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical, sexual, psychological harm
or suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the
following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a

woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her

child as a sex object, making demeaning and sexually suggestive remarks,
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Sources:
1987 Constitution
physically attacking the sexual parts of the victim's body, forcing her/him
to watch obscene publications and indecent shows or forcing the woman or
her child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same
room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual

activity by force, threat of force, physical or other harm or threat of physical
or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause

mental or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman

financially dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging

in any legitimate profession, occupation, business or activity, except in
cases wherein the other spouse/partner objects on valid, serious and moral
grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to

the use and enjoyment of the conjugal, community or property owned in
common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the

conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
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1987 Constitution
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological

and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or places the woman or her
child under surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing
basis during the course of the relationship. A casual acquaintance or ordinary socialization
between two individuals in a business or social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the
bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or
voluntary organization accredited by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable
of taking care of themselves as defined under Republic Act No. 7610. As used in this Act,
it includes the biological children of the victim and other children under her care.
Construction (Section 4)
SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and
safety of victims of violence against women and their children.
Acts Constituting Violence Against Women and their Children (Section 5)
SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against
women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
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HUMAN RIGHTS NOTES
Sources:
1987 Constitution
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which
the woman or her child has the right to desist from or desist from conduct which the woman
or her child has the right to engage in, or attempting to restrict or restricting the woman's
or her child's freedom of movement or conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the following acts committed with the purpose
or effect of controlling or restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody
to her/his family;
(2) Depriving or threatening to deprive the woman or her children of financial

support legally due her or her family, or deliberately providing the woman's
children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation,

business or activity or controlling the victim's own mon4ey or properties, or solely
controlling the conjugal or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling
her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another,

that alarms or causes substantial emotional or psychological distress to the woman or her
child. This shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her
child;
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HUMAN RIGHTS NOTES
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1987 Constitution
(3) Entering or remaining in the dwelling or on the property of the woman or her
child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals
or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or
her child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman's child/children.
Jurisdiction / Venue (Section 7)
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original
and exclusive jurisdiction over cases of violence against women and their children under this law.
In the absence of such court in the place where the offense was committed, the case shall be filed
in the Regional Trial Court where the crime or any of its elements was committed at the option of
the complainant.
Definition/Function of Protection Order (Section 8)
A protection order is an order issued under this act for the purpose of preventing further acts of
violence against a woman or her child specified in Section 5 of this Act and granting other
necessary relief. The relief granted under a protection order serve the purpose of safeguarding the
victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the
opportunity and ability of the victim to independently regain control over her life.
Who enforces / Kinds of Protection Orders (Section 8)
The provisions of the protection order shall be enforced by law enforcement agencies. The
protection orders that may be issued under this Act are the barangay protection order (BPO),
temporary protection order (TPO) and permanent protection order (PPO).
Reliefs within the Scope of Protection Orders (Section 8)
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Sources:
1987 Constitution
(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
ownership of the residence, either temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if respondent must remove personal effects
from the residence, the court shall direct a law enforcement agent to accompany the respondent
has gathered his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school, place of
employment, or any specified place frequented by the petitioner and any designated family or
household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential personal
effects, regardless of ownership, and directing the appropriate law enforcement officer to
accompany the petitioner to the residence of the parties to ensure that the petitioner is safely
restored to the possession of the automobile and other essential personal effects, or to supervise
the petitioner's or respondent's removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal
support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage
of the income or salary of the respondent to be withheld regularly by the respondent's employer
for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold
or any delay in the remittance of support to the woman and/or her child without justifiable cause
shall render the respondent or his employer liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and
order him to surrender the same to the court for appropriate disposition by the court, including
revocation of license and disqualification to apply for any license to use or possess a firearm. If
the offender is a law enforcement agent, the court shall order the offender to surrender his firearm
and shall direct the appropriate authority to investigate on the offender and take appropriate action
on matter;
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Sources:
1987 Constitution
(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; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for
the safety of the petitioner and any designated family or household member, provided petitioner
and any designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree of
legal separation or annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner
from applying for, or the court from granting a TPO or PPO.
Who / Where / How in re: Protection Orders (Sections 9 to 11)
SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may
be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local government units
(LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of
the offense committed.
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Sources:
1987 Constitution
SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the
rules on venue under Section 409 of the Local Government Code of 1991 and its implementing
rules and regulations. An application for a TPO or PPO may be filed in the regional trial court,
metropolitan trial court, municipal trial court, municipal circuit trial court with territorial
jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court
exists in the place of residence of the petitioner, the application shall be filed with that court.
SECTION 11. How to Apply for a Protection Order. – The application for a protection order must
be in writing, signed and verified under oath by the applicant. It may be filed as an independent
action or as incidental relief in any civil or criminal case the subject matter or issues thereof
partakes of a violence as described in this Act. A standard protection order application form,
written in English with translation to the major local languages, shall be made available to facilitate
applications for protections order, and shall contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in Section 8 herein;
(e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
(g) an attestation that there is no pending application for a protection order in another court.
If the applicants is not the victim, the application must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the application. When disclosure of
the address of the victim will pose danger to her life, it shall be so stated in the application. In such
a case, the applicant shall attest that the victim is residing in the municipality or city over which
court has territorial jurisdiction, and shall provide a mailing address for purpose of service
processing.
An application for protection order filed with a court shall be considered an application for both a
TPO and PPO.
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Sources:
1987 Constitution
Barangay officials and court personnel shall assist applicants in the preparation of the application.
Law enforcement agents shall also extend assistance in the application for protection orders in
cases brought to their attention.
Protection Orders; Where enforceable (Section 12)
All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines
Three Kinds of Protection Orders under this Act (Sections 14 to 16)
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay
Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering
the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the protection order to the applicant
on the date of filing after ex parte determination of the basis of the application. If the Punong
Barangay is unavailable to act on the application for a BPO, the application shall be acted upon
by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order
must be accompanied by an attestation by the Barangay Kagawad that the Punong
Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for
fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or
Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any
barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong
Barangay.
SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to
the protection order issued by the court on the date of filing of the application after ex
parte determination that such order should be issued. A court may grant in a TPO any, some or
all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall
schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO.
The court shall order the immediate personal service of the TPO on the respondent by the court
sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall
include notice of the date of the hearing on the merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to
protection order issued by the court after notice and hearing.
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Sources:
1987 Constitution
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the
merits of the issuance of a PPO. If the respondents appears without counsel on the date of the
hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed
with the hearing. In case the respondent fails to appear despite proper notice, the court shall
allow ex parte presentation of the evidence by the applicant and render judgment on the basis of
the evidence presented. The court shall allow the introduction of any history of abusive conduct
of a respondent even if the same was not directed against the applicant or the person for whom
the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO
in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO
issued is due to expire, the court shall continuously extend or renew the TPO for a period of
thirty (30) days at each particular time until final judgment is issued. The extended or renewed
TPO may be modified by the court as may be necessary or applicable to address the needs of the
applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO
shall be effective until revoked by a court upon application of the person in whose favor the
order was issued. The court shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time
between the act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or
not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no
clear showing that the act from which the order might arise did not exist.
Legal Separation Cases (Section 19)
SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified
in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on
the main case and other incidents of the case as soon as possible. The hearing on any application
for a protection order filed by the petitioner must be conducted within the mandatory period
specified in this Act.
Violation of Protection Orders (Section 21)
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1987 Constitution
SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued
under this Act must be filed directly with any municipal trial court, metropolitan trial court, or
municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO.
Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to
any other criminal or civil action that the offended party may file for any of the acts committed.
A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial
and upon judgment, the trial court may motu proprio issue a protection order as it deems
necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of
court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or
civil action that the offended party may file for any of the acts committed.
Applicability of Protection Orders to Criminal Cases (Section 22)
SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions
on protection orders shall be applicable in impliedly instituted with the criminal actions involving
violence against women and their children.
Bond of Respondent in Protection Order (Section 23)
SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a
protection order is issued to give a bond to keep the peace, to present two sufficient sureties who
shall undertake that such person will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for a period which
shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under
Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to
5(I).
The protection orders referred to in this section are the TPOs and the PPOs issued only by the
courts.
Prescriptive Period in VAWCI (Section 24)
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1987 Constitution
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in
twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.
Nature of VAWCI Case (Section 25)
SECTION 25. Public Crime. – Violence against women and their children shall be considered a
public offense which may be prosecuted upon the filing of a complaint by any citizen having
personal knowledge of the circumstances involving the commission of the crime.
Allowed vis a vis prohibited defenses (Sections 26 and 27)
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the
courts to be suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense
under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any
other mind-altering substance shall not be a defense under this Act.
Who has custody over the children (Section 28)
SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the
custody and support of her child/children. Children below seven (7) years old older but with mental
or physical disabilities shall automatically be given to the mother, with right to support, unless the
court finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be disqualified from having
custody of her children. In no case shall custody of minor children be given to the perpetrator of a
woman who is suffering from Battered woman syndrome.
Duties of Interested Parties (Sections 29, 30, 31, 32)
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1987 Constitution
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should
observe the following duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by the woman or her child; and
b) inform the victim of her/his rights including legal remedies available and procedure, and
privileges for indigent litigants.
SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law
enforcers shall have the following duties:
(a) respond immediately to a call for help or request for assistance or protection of the
victim by entering the necessary whether or not a protection order has been issued and
ensure the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers and employees who respond
to a call for help;
(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the
courts;
(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence
defined by this Act is occurring, or when he/she has personal knowledge that any act of
abuse has just been committed, and there is imminent danger to the life or limb of the
victim as defined in this Act; and
(h) immediately report the call for assessment or assistance of the DSWD, social Welfare
Department of LGUs or accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not
exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or
administrative liability.
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1987 Constitution
SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but
not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or
counselor who suspects abuse or has been informed by the victim of violence shall:
(a) properly document any of the victim's physical, emotional or psychological injuries;
(b) properly record any of victim's suspicions, observations and circumstances of the
examination or visit;
(c) automatically provide the victim free of charge a medical certificate concerning the
examination or visit;
(d) safeguard the records and make them available to the victim upon request at actual cost;
and
(e) provide the victim immediate and adequate notice of rights and remedies provided
under this Act, and services available to them.
SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies
and LGUs shall establish programs such as, but not limited to, education and information campaign
and seminars or symposia on the nature, causes, incidence and consequences of such violence
particularly towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGU's to ensure the sustained
education and training of their officers and personnel on the prevention of violence against women
and their children under the Act.
Exemption from Liability by the Person intervening (Section 34)
SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against
women and their children as herein defined, any person, private individual or police authority or
barangay official who, acting in accordance with law, responds or intervenes without using
violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for
any criminal, civil or administrative liability resulting therefrom.
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1987 Constitution
Rights of Victims (Section 35)
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 legal assistance office;
(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.
Victims’ Entitlement to Leave (Section 43)
SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service
Rules and Regulations, extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this section shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim
under this Act shall likewise be liable for discrimination.
Confidentiality Clause (Section 44)
SECTION 44. Confidentiality. – All records pertaining to cases of violence against women and
their children including those in the barangay shall be confidential and all public officers and
employees and public or private clinics to hospitals shall respect the right to privacy of the victim.
Whoever publishes or causes to be published, in any format, the name, address, telephone number,
school, business address, employer, or other identifying information of a victim or an immediate
family member, without the latter's consent, shall be liable to the contempt power of the court.
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1987 Constitution
Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and
a fine of not more than Five Hundred Thousand pesos (P500,000.00).
Jurisprudence:
PEOPLE vs MARIVIC GENOSA

GR 135981, January 15, 2004
Pre-RA 9262 Jurisprudence; Served as inspiration for the eventual enactment of RA

9262.
What is Battered-Woman Syndrome; Phases
A battered woman has been defined as a woman "who is repeatedly subjected to any forceful
physical or psychological behavior by a man in order to coerce her to do something he wants her
to do without concern for her rights. Battered women include wives or women in any form of
intimate relationship with men. Furthermore, in order to be classified as a battered woman, the
couple must go through the battering cycle at least twice. Any woman may find herself in an
abusive relationship with a man once. If it occurs a second time, and she remains in the situation,
she is defined as a battered woman."25
Battered women exhibit common personality traits, such as low self-esteem, traditional beliefs
about the home, the family and the female sex role; emotional dependence upon the dominant
male; the tendency to accept responsibility for the batterer's actions; and false hopes that the
relationship will improve.26
More graphically, the battered woman syndrome is characterized by the so-called "cycle of
violence,"27 which has three phases: (1) the tension-building phase; (2) the acute battering incident;
and (3) the tranquil, loving (or, at least, nonviolent) phase.28
During the tension-building phase, minor battering occurs -- it could be verbal or slight physical
abuse or another form of hostile behavior. The woman usually tries to pacify the batterer through
a show of kind, nurturing behavior; or by simply staying out of his way. What actually happens is
that she allows herself to be abused in ways that, to her, are comparatively minor. All she wants is
to prevent the escalation of the violence exhibited by the batterer. This wish, however, proves to
be double-edged, because her "placatory" and passive behavior legitimizes his belief that he has
the right to abuse her in the first place.
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Sources:
1987 Constitution
However, the techniques adopted by the woman in her effort to placate him are not usually
successful, and the verbal and/or physical abuse worsens. Each partner senses the imminent loss
of control and the growing tension and despair. Exhausted from the persistent stress, the battered
woman soon withdraws emotionally. But the more she becomes emotionally unavailable, the more
the batterer becomes angry, oppressive and abusive. Often, at some unpredictable point, the
violence "spirals out of control" and leads to an acute battering incident.29
The acute battering incident is said to be characterized by brutality, destructiveness and,

sometimes, death. The battered woman deems this incident as unpredictable, yet also inevitable.
During this phase, she has no control; only the batterer may put an end to the violence. Its nature
can be as unpredictable as the time of its explosion, and so are his reasons for ending it. The
battered woman usually realizes that she cannot reason with him, and that resistance would only
exacerbate her condition.
At this stage, she has a sense of detachment from the attack and the terrible pain, although she may
later clearly remember every detail. Her apparent passivity in the face of acute violence may be
rationalized thus: the batterer is almost always much stronger physically, and she knows from her
past painful experience that it is futile to fight back. Acute battering incidents are often very savage
and out of control, such that innocent bystanders or intervenors are likely to get hurt.30
The final phase of the cycle of violence begins when the acute battering incident ends. During
this tranquil period, the couple experience profound relief. On the one hand, the batterer may
show a tender and nurturing behavior towards his partner. He knows that he has been viciously
cruel and tries to make up for it, begging for her forgiveness and promising never to beat her again.
On the other hand, the battered woman also tries to convince herself that the battery will never
happen again; that her partner will change for the better; and that this "good, gentle and caring
man" is the real person whom she loves.
A battered woman usually believes that she is the sole anchor of the emotional stability of the
batterer. Sensing his isolation and despair, she feels responsible for his well-being. The truth,
though, is that the chances of his reforming, or seeking or receiving professional help, are very
slim, especially if she remains with him. Generally, only after she leaves him does he seek
professional help as a way of getting her back. Yet, it is in this phase of remorseful reconciliation
that she is most thoroughly tormented psychologically.
The illusion of absolute interdependency is well-entrenched in a battered woman's psyche. In this

phase, she and her batterer are indeed emotionally dependent on each other -- she for his nurturant
behavior, he for her forgiveness. Underneath this miserable cycle of "tension, violence and
forgiveness," each partner may believe that it is better to die than to be separated. Neither one may
really feel independent, capable of functioning without the other.31
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Sources:
1987 Constitution
While Battered Women’s Syndrome was never proven in the case, what Mitigating Circumstances
are present?
Based on the explanations of the expert witnesses, such manifestations were analogous to an
illness that diminished the exercise by appellant of her will power without, however, depriving her
of consciousness of her acts. There was, thus, a resulting diminution of her freedom of action,
intelligence or intent. Pursuant to paragraphs 974 and 1075 of Article 13 of the Revised Penal Code,
this circumstance should be taken in her favor and considered as a mitigating factor. 76
In addition, we also find in favor of appellant the extenuating circumstance of having acted upon
an impulse so powerful as to have naturally produced passion and obfuscation. It has been held
that this state of mind is present when a crime is committed as a result of an uncontrollable burst
of passion provoked by prior unjust or improper acts or by a legitimate stimulus so powerful as to
overcome reason.77 To appreciate this circumstance, the following requisites should concur: (1)
there is an act, both unlawful and sufficient to produce such a condition of mind; and (2) this act
is not far removed from the commission of the crime by a considerable length of time, during
which the accused might recover her normal equanimity.78
Here, an acute battering incident, wherein Ben Genosa was the unlawful aggressor, preceded his
being killed by Marivic. He had further threatened to kill her while dragging her by the neck
towards a cabinet in which he had kept a gun. It should also be recalled that she was eight months
pregnant at the time. The attempt on her life was likewise on that of her fetus.79 His abusive and
violent acts, an aggression which was directed at the lives of both Marivic and her unborn child,
naturally produced passion and obfuscation overcoming her reason. Even though she was able to
retreat to a separate room, her emotional and mental state continued. According to her, she felt her
blood pressure rise; she was filled with feelings of self-pity and of fear that she and her baby were
about to die. In a fit of indignation, she pried open the cabinet drawer where Ben kept a gun, then
she took the weapon and used it to shoot him.
The confluence of these events brings us to the conclusion that there was no considerable period
of time within which Marivic could have recovered her normal equanimity. Helpful is Dr.
Pajarillo's testimony80 that with "neurotic anxiety" -- a psychological effect on a victim of
"overwhelming brutality [or] trauma" -- the victim relives the beating or trauma as if it were real,
although she is not actually being beaten at the time. She cannot control "re-experiencing the whole
thing, the most vicious and the trauma that she suffered." She thinks "of nothing but the suffering."
Such reliving which is beyond the control of a person under similar circumstances, must have been
what Marivic experienced during the brief time interval and prevented her from recovering her
normal equanimity. Accordingly, she should further be credited with the mitigating circumstance
of passion and obfuscation.
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1987 Constitution
It should be clarified that these two circumstances -- psychological paralysis as well as passion
and obfuscation -- did not arise from the same set of facts.
On the one hand, the first circumstance arose from the cyclical nature and the severity of the battery
inflicted by the batterer-spouse upon appellant. That is, the repeated beatings over a period of time
resulted in her psychological paralysis, which was analogous to an illness diminishing the exercise
of her will power without depriving her of consciousness of her acts.
The second circumstance, on the other hand, resulted from the violent aggression he had inflicted
on her prior to the killing. That the incident occurred when she was eight months pregnant with
their child was deemed by her as an attempt not only on her life, but likewise on that of their
unborn child. Such perception naturally produced passion and obfuscation on her part.
Is treachery present in the case?
There is no showing of the victim's position relative to appellant's at the time of the shooting.
Besides, equally axiomatic is the rule that when a killing is preceded by an argument or a quarrel,
treachery cannot be appreciated as a qualifying circumstance, because the deceased may be said
to have been forewarned and to have anticipated aggression from the assailant.85
Moreover, in order to appreciate alevosia, the method of assault adopted by the aggressor must
have been consciously and deliberately chosen for the specific purpose of accomplishing the
unlawful act without risk from any defense that might be put up by the party attacked. 86 There is
no showing, though, that the present appellant intentionally chose a specific means of successfully
attacking her husband without any risk to herself from any retaliatory act that he might make. To
the contrary, it appears that the thought of using the gun occurred to her only at about the same
moment when she decided to kill her batterer-spouse. In the absence of any convincing proof that
she consciously and deliberately employed the method by which she committed the crime in order
to ensure its execution, this Court resolves the doubt in her favor.87
Garcia vs Drilon
GR 179267, June 25, 2013
Intent of Congress in enacting RA 9262
A perusal of the deliberations of Congress on Senate Bill No. 2723,61 which became R.A. 9262,
reveals that while the sponsor, Senator Luisa Pimentel-Ejercito (better known as Senator Loi
Estrada), had originally proposed what she called a "synthesized measure"62 – an amalgamation of
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Sources:
1987 Constitution
two measures, namely, the "Anti-Domestic Violence Act" and the "Anti-Abuse of Women in
Intimate Relationships Act"63 – providing protection to "all family members, leaving no one in
isolation" but at the same time giving special attention to women as the "usual victims" of violence
and abuse,64 nonetheless, it was eventually agreed that men be denied protection under the same
measure. We quote pertinent portions of the deliberations:
Wednesday, December 10, 2003
Senator Pangilinan. I just wanted to place this on record, Mr. President. Some women's groups
have expressed concerns and relayed these concerns to me that if we are to include domestic
violence apart from against women as well as other members of the household, including children
or the husband, they fear that this would weaken the efforts to address domestic violence of which
the main victims or the bulk of the victims really are the wives, the spouses or the female partners
in a relationship. We would like to place that on record. How does the good Senator respond to
this kind of observation?
Senator Estrada. Yes, Mr. President, there is this group of women who call themselves "WIIR"
Women in Intimate Relationship. They do not want to include men in this domestic violence. But
plenty of men are also being abused by women. I am playing safe so I placed here members of the
family, prescribing penalties therefor and providing protective measures for victims. This includes
the men, children, live-in, common-law wives, and those related with the family.65
xxx
Wednesday, January 14, 2004
xxxx
The President Pro Tempore. x x x
Also, may the Chair remind the group that there was the discussion whether to limit this to women
and not to families which was the issue of the AWIR group. The understanding that I have is that
we would be having a broader scope rather than just women, if I remember correctly, Madam
sponsor.
Senator Estrada. Yes, Mr. President.
As a matter of fact, that was brought up by Senator Pangilinan during the interpellation period.
I think Senator Sotto has something to say to that.
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Senator Legarda. Mr. President, the reason I am in support of the measure. Do not get me wrong.
However, I believe that there is a need to protect women's rights especially in the domestic
environment.
As I said earlier, there are nameless, countless, voiceless women who have not had the opportunity
to file a case against their spouses, their live-in partners after years, if not decade, of battery and
abuse. If we broaden the scope to include even the men, assuming they can at all be abused by the
women or their spouses, then it would not equalize the already difficult situation for women, Mr.
President.
I think that the sponsor, based on our earlier conversations, concurs with this position. I am sure
that the men in this Chamber who love their women in their lives so dearly will agree with this
representation. Whether we like it or not, it is an unequal world. Whether we like it or not, no
matter how empowered the women are, we are not given equal opportunities especially in the
domestic environment where the macho Filipino man would always feel that he is stronger, more
superior to the Filipino woman.
xxxx
The President Pro Tempore. What does the sponsor say?
Senator Estrada. Mr. President, before accepting this, the committee came up with this bill because
the family members have been included in this proposed measure since the other members of the
family other than women are also possible victims of violence. While women are most likely the
intended victims, one reason incidentally why the measure focuses on women, the fact remains
that in some relatively few cases, men also stand to be victimized and that children are almost
always the helpless victims of violence. I am worried that there may not be enough protection
extended to other family members particularly children who are excluded. Although Republic Act
No. 7610, for instance, more or less, addresses the special needs of abused children. The same law
is inadequate. Protection orders for one are not available in said law.
I am aware that some groups are apprehensive about granting the same protection to men, fearing
that they may use this law to justify their abusive behavior against women. However, we should
also recognize that there are established procedures and standards in our courts which give
credence to evidentiary support and cannot just arbitrarily and whimsically entertain baseless
complaints.
Mr. President, this measure is intended to harmonize family relations and to protect the family as
the basic social institution. Though I recognize the unequal power relations between men and
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women in our society, I believe we have an obligation to uphold inherent rights and dignity of both
husband and wife and their immediate family members, particularly children.
While I prefer to focus mainly on women, I was compelled to include other family members as a
critical input arrived at after a series of consultations/meetings with various NGOs, experts, sports
groups and other affected sectors, Mr. President.
Senator Sotto. Mr. President.
The President Pro Tempore. Yes, with the permission of the other senators.
Senator Sotto. Yes, with the permission of the two ladies on the Floor.
The President Pro Tempore. Yes, Sen. Vicente C. Sotto III is recognized.
Senator Sotto. I presume that the effect of the proposed amendment of Senator Legarda would be
removing the "men and children" in this particular bill and focus specifically on women alone.
That will be the net effect of that proposed amendment. Hearing the rationale mentioned by the
distinguished sponsor, Sen. Luisa "Loi" Ejercito Estrada, I am not sure now whether she is inclined
to accept the proposed amendment of Senator Legarda.
I am willing to wait whether she is accepting this or not because if she is going to accept this, I
will propose an amendment to the amendment rather than object to the amendment, Mr. President.
xxxx
Senator Estrada. The amendment is accepted, Mr. President.
The President Pro Tempore. Is there any objection?
xxxx
Senator Sotto. x x x May I propose an amendment to the amendment.
The President Pro Tempore. Before we act on the amendment?
Senator Sotto. Yes, Mr. President.
The President Pro Tempore. Yes, please proceed.
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Senator Sotto. Mr. President, I am inclined to believe the rationale used by the distinguished
proponent of the amendment. As a matter of fact, I tend to agree. Kung may maaabuso, mas
malamang iyong babae kaysa sa lalake. At saka iyong mga lalake, puwede na talagang magulpi
iyan. Okey lang iyan. But I cannot agree that we remove the children from this particular measure.
So, if I may propose an amendment –
The President Pro Tempore. To the amendment.
Senator Sotto. – more than the women, the children are very much abused. As a matter of fact, it
is not limited to minors. The abuse is not limited to seven, six, 5-year-old children. I have seen 14,
15-year-old children being abused by their fathers, even by their mothers. And it breaks my heart
to find out about these things.
Because of the inadequate existing law on abuse of children, this particular measure will update
that. It will enhance and hopefully prevent the abuse of children and not only women.
SOTTO-LEGARDA AMENDMENTS
Therefore, may I propose an amendment that, yes, we remove the aspect of the men in the bill but
not the children.
Senator Legarda. I agree, Mr. President, with the Minority Leader.
The President Pro Tempore. Effectively then, it will be women AND CHILDREN.
Senator Sotto. Yes, Mr. President.
Senator Estrada. It is accepted, Mr. President.
The President Pro Tempore. Is there any objection? [Silence] There being none, the amendment,
as amended, is approved.66
It is settled that courts are not concerned with the wisdom, justice, policy, or expediency of a
statute.67 Hence, we dare not venture into the real motivations and wisdom of the members of
Congress in limiting the protection against violence and abuse under R.A. 9262 to women and
children only. No proper challenge on said grounds may be entertained in this proceeding.
Congress has made its choice and it is not our prerogative to supplant this judgment. The choice
may be perceived as erroneous but even then, the remedy against it is to seek its amendment or
repeal by the legislative. By the principle of separation of powers, it is the legislative that
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determines the necessity, adequacy, wisdom and expediency of any law.68 We only step in when
there is a violation of the Constitution. However, none was sufficiently shown in this case.
Is RA 9262 violative of the Equal Protection Clause?
Equal protection simply requires that all persons or things similarly situated should be treated alike,
both as to rights conferred and responsibilities imposed. The oft-repeated disquisition in the early
case of Victoriano v. Elizalde Rope Workers' Union69 is instructive:
The guaranty of equal protection of the laws is not a guaranty of equality in the application of the
laws upon all citizens of the state. It is not, therefore, a requirement, in order to avoid the
constitutional prohibition against inequality, that every man, woman and child should be affected
alike by a statute. Equality of operation of statutes does not mean indiscriminate operation on
persons merely as such, but on persons according to the circumstances surrounding them. It
guarantees equality, not identity of rights. The Constitution does not require that things which are
different in fact be treated in law as though they were the same. The equal protection clause does
not forbid discrimination as to things that are different. It does not prohibit legislation which is
limited either in the object to which it is directed or by the territory within which it is to operate.
The equal protection of the laws clause of the Constitution allows classification. Classification in
law, as in the other departments of knowledge or practice, is the grouping of things in speculation
or practice because they agree with one another in certain particulars. A law is not invalid because
of simple inequality. The very idea of classification is that of inequality, so that it goes without
saying that the mere fact of inequality in no manner determines the matter of constitutionality. All
that is required of a valid classification is that it be reasonable, which means that the classification
should be based on substantial distinctions which make for real differences; that it must be germane
to the purpose of the law; that it must not be limited to existing conditions only; and that it must
apply equally to each member of the class. This Court has held that the standard is satisfied if the
classification or distinction is based on a reasonable foundation or rational basis and is not palpably
arbitrary. (Emphasis supplied)
Measured against the foregoing jurisprudential yardstick, we find that R.A. 9262 is based on a
valid classification as shall hereinafter be discussed and, as such, did not violate the equal
protection clause by favoring women over men as victims of violence and abuse to whom the State
extends its protection.
I. R.A. 9262 rests on substantial distinctions.
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The unequal power relationship between women and men; the fact that women are more likely
than men to be victims of violence; and the widespread gender bias and prejudice against women
all make for real differences justifying the classification under the law. As Justice McIntyre
succinctly states, "the accommodation of differences ... is the essence of true equality."70
A. Unequal power relationship between men and women
According to the Philippine Commission on Women (the National Machinery for Gender Equality
and Women's Empowerment), violence against women (VAW) is deemed to be closely linked
with the unequal power relationship between women and men otherwise known as "gender-based
violence". Societal norms and traditions dictate people to think men are the leaders, pursuers,
providers, and take on dominant roles in society while women are nurturers, men's companions
and supporters, and take on subordinate roles in society. This perception leads to men gaining more
power over women. With power comes the need to control to retain that power. And VAW is a
form of men's expression of controlling women to retain power.71
The United Nations, which has long recognized VAW as a human rights issue, passed its
Resolution 48/104 on the Declaration on Elimination of Violence Against Women on December
20, 1993 stating that "violence against women is a manifestation of historically unequal power
relations between men and women, which have led to domination over and discrimination against
women by men and to the prevention of the full advancement of women, and that violence against
women is one of the crucial social mechanisms by which women are forced into subordinate
positions, compared with men."72
Then Chief Justice Reynato S. Puno traced the historical and social context of gender-based
violence and developments in advocacies to eradicate VAW, in his remarks delivered during the
Joint Launching of R.A. 9262 and its Implementing Rules last October 27, 2004, the pertinent
portions of which are quoted hereunder:
History reveals that most societies sanctioned the use of violence against women. The patriarch of
a family was accorded the right to use force on members of the family under his control. I quote
the early studies:
Traditions subordinating women have a long history rooted in patriarchy – the institutional rule of
men. Women were seen in virtually all societies to be naturally inferior both physically and
intellectually. In ancient Western societies, women whether slave, concubine or wife, were under
the authority of men. In law, they were treated as property.
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The Roman concept of patria potestas allowed the husband to beat, or even kill, his wife if she
endangered his property right over her. Judaism, Christianity and other religions oriented towards
the patriarchal family strengthened the male dominated structure of society.
English feudal law reinforced the tradition of male control over women. Even the eminent
Blackstone has been quoted in his commentaries as saying husband and wife were one and that
one was the husband. However, in the late 1500s and through the entire 1600s, English common
law began to limit the right of husbands to chastise their wives. Thus, common law developed the
rule of thumb, which allowed husbands to beat their wives with a rod or stick no thicker than their
thumb.
In the later part of the 19th century, legal recognition of these rights to chastise wives or inflict
corporeal punishment ceased. Even then, the preservation of the family was given more importance
than preventing violence to women.
The metamorphosis of the law on violence in the United States followed that of the English
common law. In 1871, the Supreme Court of Alabama became the first appellate court to strike
down the common law right of a husband to beat his wife:
The privilege, ancient though it may be, to beat one's wife with a stick, to pull her hair, choke her,
spit in her face or kick her about the floor, or to inflict upon her like indignities, is not now
acknowledged by our law... In person, the wife is entitled to the same protection of the law that
the husband can invoke for himself.
As time marched on, the women's advocacy movement became more organized. The temperance
leagues initiated it. These leagues had a simple focus. They considered the evils of alcoholism as
the root cause of wife abuse. Hence, they demonstrated and picketed saloons, bars and their
husbands' other watering holes. Soon, however, their crusade was joined by suffragette
movements, expanding the liberation movement's agenda. They fought for women's right to vote,
to own property, and more. Since then, the feminist movement was on the roll.
The feminist movement exposed the private invisibility of the domestic violence to the public gaze.
They succeeded in transforming the issue into an important public concern. No less than the United
States Supreme Court, in 1992 case Planned Parenthood v. Casey, noted:
In an average 12-month period in this country, approximately two million women are the victims
of severe assaults by their male partners. In a 1985 survey, women reported that nearly one of
every eight husbands had assaulted their wives during the past year. The [American Medical
Association] views these figures as "marked underestimates," because the nature of these incidents
discourages women from reporting them, and because surveys typically exclude the very poor,
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those who do not speak English well, and women who are homeless or in institutions or hospitals
when the survey is conducted. According to the AMA, "researchers on family violence agree that
the true incidence of partner violence is probably double the above estimates; or four million
severely assaulted women per year."
Studies on prevalence suggest that from one-fifth to one-third of all women will be physically
assaulted by a partner or ex-partner during their lifetime... Thus on an average day in the United
States, nearly 11,000 women are severely assaulted by their male partners. Many of these incidents
involve sexual assault... In families where wife beating takes place, moreover, child abuse is often
present as well.
Other studies fill in the rest of this troubling picture. Physical violence is only the most visible
form of abuse. Psychological abuse, particularly forced social and economic isolation of women,
is also common.
Many victims of domestic violence remain with their abusers, perhaps because they perceive no
superior alternative...Many abused women who find temporary refuge in shelters return to their
husbands, in large part because they have no other source of income... Returning to one's abuser
can be dangerous. Recent Federal Bureau of Investigation statistics disclose that 8.8 percent of all
homicide victims in the United States are killed by their spouses...Thirty percent of female
homicide victims are killed by their male partners.
Finally in 1994, the United States Congress enacted the Violence Against Women Act.
In the International front, the women's struggle for equality was no less successful. The United
States Charter and the Universal Declaration of Human Rights affirmed the equality of all human
beings. In 1979, the UN General Assembly adopted the landmark Convention on the Elimination
of all Forms of Discrimination Against Women (CEDAW). In 1993, the UN General Assembly
also adopted the Declaration on the Elimination of Violence Against Women. World conferences
on the role and rights of women have been regularly held in Mexico City, Copenhagen, Nairobi
and Beijing. The UN itself established a Commission on the Status of Women.
The Philippines has been in cadence with the half – and full – steps of all these women's
movements. No less than Section 14, Article II of our 1987 Constitution mandates the State to
recognize the role of women in nation building and to ensure the fundamental equality before the
law of women and men. Our Senate has ratified the CEDAW as well as the Convention on the
Rights of the Child and its two protocols. To cap it all, Congress, on March 8, 2004, enacted Rep.
Act No. 9262, entitled "An Act Defining Violence Against Women and Their Children, Providing
for Protective Measures for Victims, Prescribing Penalties therefor and for other Purposes."
(Citations omitted)
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B. Women are the "usual" and "most likely"
victims of violence.
At the time of the presentation of Senate Bill No. 2723, official statistics on violence against
women and children show that –
x x x physical injuries had the highest number of cases at 5,058 in 2002 representing 55.63% of
total cases reported (9,903). And for the first semester of 2003, there were 2,381 reported cases
out of 4,354 cases which represent 54.31%. xxx (T)he total number of women in especially
difficult circumstances served by the Department of Social Welfare and Development (DSWD)
for the year 2002, there are 1,417 physically abused/maltreated cases out of the total of 5,608 cases.
xxx (T)here are 1,091 DSWD cases out of a total number of 3,471 cases for the first semester of
2003. Female violence comprised more than 90% of all forms of abuse and violence and more than
90% of these reported cases were committed by the women's intimate partners such as their
husbands and live-in partners.73
Recently, the Philippine Commission on Women presented comparative statistics on violence

against women across an eight-year period from 2004 to August of 2011 with violations under
R.A. 9262 ranking first among the different VAW categories since its implementation in
2004,74 thus:
Table 1. Annual Comparative Statistics on Violence Against Women, 2004 - 2011*
Reported
2004 2005 2006 2007 2008 2009 2010 2011
Cases
Rape 997 927 659 837 811 770 1,042 832
Incestuous
38 46 26 22 28 27 19 23
Rape
Attempted
194 148 185 147 204 167 268 201
Rape
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Acts of
Lasciviousnes 580 536 382 358 445 485 745 625
s
Physical 3,55 2,33 1,89 1,50 1,30 1,49

2,018 1,588
Injuries 3 5 2 5 7 8
Sexual
53 37 38 46 18 54 83 63
Harassment
1,26 2,38 3,59 5,28

RA 9262 218 924 9,974 9,021
9 7 9 5
Threats 319 223 199 182 220 208 374 213
Seduction 62 19 29 30 19 19 25 15
Concubinage 121 102 93 109 109 99 158 128
RA 9208 17 11 16 24 34 152 190 62
Abduction
/Kidnapping 16 34 23 28 18 25 22
29
Unjust
90 50 59 59 83 703 183 155
Vexation
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6,27 5,37 4,88 5,72 6,90 9,48 15,10 12,94

Total
1 4 1 9 5 5 4 8
*2011 report covers only from January to August
Source: Philippine National Police – Women and Children Protection Center (WCPC)
On the other hand, no reliable estimates may be obtained on domestic abuse and violence against
men in the Philippines because incidents thereof are relatively low and, perhaps, because many
men will not even attempt to report the situation. In the United Kingdom, 32% of women who had
ever experienced domestic violence did so four or five (or more) times, compared with 11% of the
smaller number of men who had ever experienced domestic violence; and women constituted 89%
of all those who had experienced 4 or more incidents of domestic violence.75 Statistics in Canada
show that spousal violence by a woman against a man is less likely to cause injury than the other
way around (18 percent versus 44 percent). Men, who experience violence from their spouses are
much less likely to live in fear of violence at the hands of their spouses, and much less likely to
experience sexual assault. In fact, many cases of physical violence by a woman against a spouse
are in self-defense or the result of many years of physical or emotional abuse.76
While there are, indeed, relatively few cases of violence and abuse perpetrated against men in the
Philippines, the same cannot render R.A. 9262 invalid.
In a 1960 case involving the violation of a city ordinance requiring drivers of animal-drawn
vehicles to pick up, gather and deposit in receptacles the manure emitted or discharged by their
vehicle-drawing animals in any public highways, streets, plazas, parks or alleys, said ordinance
was challenged as violative of the guaranty of equal protection of laws as its application is limited
to owners and drivers of vehicle-drawing animals and not to those animals, although not utilized,
but similarly pass through the same streets.
The ordinance was upheld as a valid classification for the reason that, while there may be non-
vehicle-drawing animals that also traverse the city roads, "but their number must be negligible and
their appearance therein merely occasional, compared to the rig-drawing ones, as not to constitute
a menace to the health of the community."77 The mere fact that the legislative classification may
result in actual inequality is not violative of the right to equal protection, for every classification
of persons or things for regulation by law produces inequality in some degree, but the law is not
thereby rendered invalid.78
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C. Gender bias and prejudices
From the initial report to the police through prosecution, trial, and sentencing, crimes against
women are often treated differently and less seriously than other crimes. This was argued by then
United States Senator Joseph R. Biden, Jr., now Vice President, chief sponsor of the Violence
Against Women Act (VAWA), in defending the civil rights remedy as a valid exercise of the U.S.
Congress' authority under the Commerce and Equal Protection Clauses. He stressed that the
widespread gender bias in the U.S. has institutionalized historic prejudices against victims of rape
or domestic violence, subjecting them to "double victimization" – first at the hands of the offender
and then of the legal system.79
Our own Senator Loi Estrada lamented in her Sponsorship Speech for Senate Bill No. 2723 that
"(w)henever violence occurs in the family, the police treat it as a private matter and advise the
parties to settle the conflict themselves. Once the complainant brings the case to the prosecutor,
the latter is hesitant to file the complaint for fear that it might later be withdrawn. This lack of
response or reluctance to be involved by the police and prosecution reinforces the escalating,
recurring and often serious nature of domestic violence."80
Sadly, our own courts, as well, have exhibited prejudices and biases against our women.
In a recent case resolved on March 9, 2011, we fined RTC Judge Venancio J. Amila for Conduct
Unbecoming of a Judge. He used derogatory and irreverent language in reference to the
complainant in a petition for TPO and PPO under R.A. 9262, calling her as "only a live-in partner"
and presenting her as an "opportunist" and a "mistress" in an "illegitimate relationship." Judge
Amila even called her a "prostitute," and accused her of being motivated by "insatiable greed" and
of absconding with the contested property.81 Such remarks betrayed Judge Amila's prejudices and
lack of gender sensitivity.
The enactment of R.A. 9262 aims to address the discrimination brought about by biases and
prejudices against women. As emphasized by the CEDAW Committee on the Elimination of
Discrimination against Women, addressing or correcting discrimination through specific measures
focused on women does not discriminate against men.82 Petitioner's contention,83 therefore, that
R.A. 9262 is discriminatory and that it is an "anti-male," "husband-bashing," and "hate-men" law
deserves scant consideration. As a State Party to the CEDAW, the Philippines bound itself to take
all appropriate measures "to modify the social and cultural patterns of conduct of men and women,
with a view to achieving the elimination of prejudices and customary and all other practices which
are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped
roles for men and women."84 Justice Puno correctly pointed out that "(t)he paradigm shift changing
the character of domestic violence from a private affair to a public offense will require the
development of a distinct mindset on the part of the police, the prosecution and the judges."85
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II. The classification is germane to the purpose of the law.
The distinction between men and women is germane to the purpose of R.A. 9262, which is to
address violence committed against women and children, spelled out in its Declaration of Policy,
as follows:
SEC. 2. Declaration of Policy. – It is hereby declared that the State values the dignity of women
and children and guarantees full respect for human rights. The State also recognizes the need to
protect the family and its members particularly women and children, from violence and threats to
their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against women and
children in keeping with the fundamental freedoms guaranteed under the Constitution and the
provisions of the Universal Declaration of Human Rights, the Convention on the Elimination of
All Forms of Discrimination Against Women, Convention on the Rights of the Child and other
international human rights instruments of which the Philippines is a party.
In 1979, the U.N. General Assembly adopted the CEDAW, which the Philippines ratified on
August 5, 1981. Subsequently, the Optional Protocol to the CEDAW was also ratified by the
Philippines on October 6, 2003.86 This Convention mandates that State parties shall accord to
women equality with men before the law87 and shall take all appropriate measures to eliminate
discrimination against women in all matters relating to marriage and family relations on the basis
of equality of men and women.88 The Philippines likewise ratified the Convention on the Rights
of the Child and its two protocols.89 It is, thus, bound by said Conventions and their respective
protocols.
III. The classification is not limited to existing
conditions only, and apply equally to all members
Moreover, the application of R.A. 9262 is not limited to the existing conditions when it was
promulgated, but to future conditions as well, for as long as the safety and security of women and
their children are threatened by violence and abuse.
R.A. 9262 applies equally to all women and children who suffer violence and abuse. Section 3
thereof defines VAWC as:
x x x any act or a series of acts committed by any person against a woman who is his wife, former
wife, or against a woman with whom the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether legitimate or illegitimate, within or
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without the family abode, which result in or is likely to result in physical, sexual, psychological
harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her
child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene publications and indecent
shows or forcing the woman or her child to do indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live in the conjugal home or sleep together in the
same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or

emotional suffering of the victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It
includes causing or allowing the victim to witness the physical, sexual or psychological abuse of
a member of the family to which the victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the
Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
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3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the conjugal
money or properties.
It should be stressed that the acts enumerated in the aforequoted provision are attributable to
research that has exposed the dimensions and dynamics of battery. The acts described here are also
found in the U.N. Declaration on the Elimination of Violence Against Women.90 Hence, the
argument advanced by petitioner that the definition of what constitutes abuse removes the
difference between violent action and simple marital tiffs is tenuous.
There is nothing in the definition of VAWC that is vague and ambiguous that will confuse
petitioner in his defense. The acts enumerated above are easily understood and provide adequate
contrast between the innocent and the prohibited acts. They are worded with sufficient definiteness
that persons of ordinary intelligence can understand what conduct is prohibited, and need not guess
at its meaning nor differ in its application.91 Yet, petitioner insists92 that phrases like "depriving or
threatening to deprive the woman or her child of a legal right," "solely controlling the conjugal or
common money or properties," "marital infidelity," and "causing mental or emotional anguish" are
so vague that they make every quarrel a case of spousal abuse. However, we have stressed that the
"vagueness" doctrine merely requires a reasonable degree of certainty for the statute to be upheld
– not absolute precision or mathematical exactitude, as petitioner seems to suggest. Flexibility,
rather than meticulous specificity, is permissible as long as the metes and bounds of the statute are
clearly delineated. An act will not be held invalid merely because it might have been more explicit
in its wordings or detailed in its provisions.93
There is likewise no merit to the contention that R.A. 9262 singles out the husband or father as the
culprit. As defined above, VAWC may likewise be committed "against a woman with whom the
person has or had a sexual or dating relationship." Clearly, the use of the gender-neutral word
"person" who has or had a sexual or dating relationship with the woman encompasses even lesbian
relationships. Moreover, while the law provides that the offender be related or connected to the
victim by marriage, former marriage, or a sexual or dating relationship, it does not preclude the
application of the principle of conspiracy under the Revised Penal Code (RPC). Thus, in the case
of Go-Tan v. Spouses Tan,94 the parents-in-law of Sharica Mari L. Go-Tan, the victim, were held
to be proper respondents in the case filed by the latter upon the allegation that they and their son
(Go-Tan's husband) had community of design and purpose in tormenting her by giving her
insufficient financial support; harassing and pressuring her to be ejected from the family home;
and in repeatedly abusing her verbally, emotionally, mentally and physically.
Is RA 9262 violative of the due process clause?
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R.A. 9262 is not violative of the

due process clause of the Constitution.
Petitioner bewails the disregard of R.A. 9262, specifically in the issuance of POs, of all protections
afforded by the due process clause of the Constitution. Says he: "On the basis of unsubstantiated
allegations, and practically no opportunity to respond, the husband is stripped of family, property,
guns, money, children, job, future employment and reputation, all in a matter of seconds, without
an inkling of what happened."95
A protection order is an order issued to prevent further acts of violence against women and their
children, their family or household members, and to grant other necessary reliefs. Its purpose is to
safeguard the offended parties from further harm, minimize any disruption in their daily life and
facilitate the opportunity and ability to regain control of their life.96
"The scope of reliefs in protection orders is broadened to ensure that the victim or offended party
is afforded all the remedies necessary to curtail access by a perpetrator to the victim. This serves
to safeguard the victim from greater risk of violence; to accord the victim and any designated
family or household member safety in the family residence, and to prevent the perpetrator from
committing acts that jeopardize the employment and support of the victim. It also enables the court
to award temporary custody of minor children to protect the children from violence, to prevent
their abduction by the perpetrator and to ensure their financial support."97
The rules require that petitions for protection order be in writing, signed and verified by the
petitioner98 thereby undertaking full responsibility, criminal or civil, for every allegation therein.
Since "time is of the essence in cases of VAWC if further violence is to be prevented,"99 the court
is authorized to issue ex parte a TPO after raffle but before notice and hearing when the life, limb
or property of the victim is in jeopardy and there is reasonable ground to believe that the order is
necessary to protect the victim from the immediate and imminent danger of VAWC or to prevent
such violence, which is about to recur.100
There need not be any fear that the judge may have no rational basis to issue an ex parte order.
The victim is required not only to verify the allegations in the petition, but also to attach her
witnesses' affidavits to the petition.101
The grant of a TPO ex parte cannot, therefore, be challenged as violative of the right to due process.
Just like a writ of preliminary attachment which is issued without notice and hearing because the
time in which the hearing will take could be enough to enable the defendant to abscond or dispose
of his property,102 in the same way, the victim of VAWC may already have suffered harrowing
experiences in the hands of her tormentor, and possibly even death, if notice and hearing were
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required before such acts could be prevented. It is a constitutional commonplace that the ordinary
requirements of procedural due process must yield to the necessities of protecting vital public
interests,103 among which is protection of women and children from violence and threats to their
personal safety and security.
It should be pointed out that when the TPO is issued ex parte, the court shall likewise order that
notice be immediately given to the respondent directing him to file an opposition within five (5)
days from service. Moreover, the court shall order that notice, copies of the petition and TPO be
served immediately on the respondent by the court sheriffs. The TPOs are initially effective for
thirty (30) days from service on the respondent.104
Where no TPO is issued ex parte, the court will nonetheless order the immediate issuance and
service of the notice upon the respondent requiring him to file an opposition to the petition within
five (5) days from service. The date of the preliminary conference and hearing on the merits shall
likewise be indicated on the notice.105
The opposition to the petition which the respondent himself shall verify, must be accompanied by
the affidavits of witnesses and shall show cause why a temporary or permanent protection order
should not be issued.106
It is clear from the foregoing rules that the respondent of a petition for protection order should be
apprised of the charges imputed to him and afforded an opportunity to present his side. Thus, the
fear of petitioner of being "stripped of family, property, guns, money, children, job, future
employment and reputation, all in a matter of seconds, without an inkling of what happened" is a
mere product of an overactive imagination. The essence of due process is to be found in the
reasonable opportunity to be heard and submit any evidence one may have in support of one's
defense. "To be heard" does not only mean verbal arguments in court; one may be heard also
through pleadings. Where opportunity to be heard, either through oral arguments or pleadings, is
accorded, there is no denial of procedural due process.107
It should be recalled that petitioner filed on April 26, 2006 an Opposition to the Urgent Ex-Parte
Motion for Renewal of the TPO that was granted only two days earlier on April 24, 2006. Likewise,
on May 23, 2006, petitioner filed a motion for the modification of the TPO to allow him visitation
rights to his children. Still, the trial court in its Order dated September 26, 2006, gave him five
days (5) within which to show cause why the TPO should not be renewed or extended. Yet, he
chose not to file the required comment arguing that it would just be an "exercise in futility,"
conveniently forgetting that the renewal of the questioned TPO was only for a limited period (30
days) each time, and that he could prevent the continued renewal of said order if he can show
sufficient cause therefor. Having failed to do so, petitioner may not now be heard to complain that
he was denied due process of law.
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Petitioner next laments that the removal and exclusion of the respondent in the VAWC case from
the residence of the victim, regardless of ownership of the residence, is virtually a "blank check"
issued to the wife to claim any property as her conjugal home.108
The wording of the pertinent rule, however, does not by any stretch of the imagination suggest that
this is so. It states:
SEC. 11. Reliefs available to the offended party. -- The protection order shall include any, some
or all of the following reliefs:
xxxx
(c) Removing and excluding the respondent from the residence of the offended party, regardless
of ownership of the residence, either temporarily for the purpose of protecting the offended party,
or permanently where no property rights are violated. If the respondent must remove personal
effects from the residence, the court shall direct a law enforcement agent to accompany the
respondent to the residence, remain there until the respondent has gathered his things and escort
him from the residence;
xxxx
Indubitably, petitioner may be removed and excluded from private respondent's residence,
regardless of ownership, only temporarily for the purpose of protecting the latter. Such removal
and exclusion may be permanent only where no property rights are violated. How then can the
private respondent just claim any property and appropriate it for herself, as petitioner seems to
suggest?
Contemporary issues affecting women:
1. Cat-calling
2. Rape Jokes
3. “Rape culture” and victim-blaming: As if, it is the fault of the women and their clothing,
and not of rapists
4. Breaking the patriarchial machismo barrier
5. What laws can be further enacted to address victim-blaming and rape culture
6. Educational reforms to teach men to be gentlemen and to build self-confidence of women
7. Does Female Virginity still matter in this day and age?
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RIGHTS OF LGBT+
This is another significant third generation / evolving right. And in addition to the LGBT
(Lesbian, Gay, Bisexual, Transgender / Transsexuals) are additional letters such as but not limited
to Queer, Asexual, etc. And the list goes on and on. In this day and age that same-sex relationships
and marriages are getting more and more recognized and legalized, what other sets of rights
would be further recognized for this sector? Note, however, that it is fake news to include in the
group, P (for Pedophile). It is NEVER included, and pedophilia remains to be abhorred among
the majority of the community.
Governing Principle/s: The 2006 YOGYAKARTA PRINCIPLES
Note: It remains to be a set of Principles and has never been ratified into Treaty. If at most, these
principles, which contain familiar Human Rights Precepts, only serve as guide to future treaties
and/or laws on the matter.
Enumerated Rights covered under the Yogyakarta Principles:
1. Right to Universal Enjoyment of Human Rights

2. Rights to Equality and Non-Discrimination
3. Right to Recognition before the law
4. Right to Life
5. Right to Security of the Person
6. Right to Privacy
7. Right to Freedom from Arbitrary Deprivation of Liberty
8. Right to a Fair Trial
9. Right to Treatment with Humanity while in Detention
10. Right to Freedom from Torture and Cruel, Inhuman or Degrading Treatment or Punishment
11. Right to Protection from all forms of Exploitation, Sale and Trafficking of Human Beings
12. Right to Work
13. Right to Social Security and other Social Protection Measures
14. Right to an Adequate Standard of Living
15. Right to Education
16. Right to the Highest Attainable Standard of Health
17. Protection from Medical Abuses
18. Right to Freedom of Opinion and Expression
19. Right to Freedom of Peaceful Assembly and Association
20. Right to Freedom of Thought, Conscience and Religion
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21. Right to Freedom of Movement

22. Right to Seek Asylum
23. Right to Found a Family
24. Right to Participate in Public Life
25. Right to Participate in Cultural Life
26. Right to Promote Human Rights
27. Right to Effective Remedies and Redress
Despite having provisions on Accountability and Additional Recommendations, these

principles have not yet been ratified into Treaty. Also, in the Philippines, there is no specific law
yet which specifically protects the rights of LGBTs. If at most, there is still the pending legislation
on Civil Partnership which seeks to recognize Same-Sex Relations and, among others, govern
property relations among same-sex couples who are in a partnership relation. The Bill has met
mixed reactions among the public: Among the liberal-minded, a welcome development which
would eventually lead to legalization of same-sex marriage; among the conservative-minded, it is
the same-sex marriage law albeit camouflaged as a partnership (especially with the provisions on
solemnizing officers). And there are continuous opposition both on religious and moral grounds.
Jurisprudence:
ANG LADLAD vs COMELEC

(GR No. 190582, April 8, 2010)
In re: Religion being used as a basis to refuse Ang Ladlad’s Petition for Registration
Our Constitution provides in Article III, Section 5 that "[n]o law shall be made respecting an
establishment of religion, or prohibiting the free exercise thereof." At bottom, what our non-
establishment clause calls for is "government neutrality in religious matters."24 Clearly,
"governmental reliance on religious justification is inconsistent with this policy of
neutrality."25 We thus find that it was grave violation of the non-establishment clause for the
COMELEC to utilize the Bible and the Koran to justify the exclusion of Ang Ladlad.
Rather than relying on religious belief, the legitimacy of the Assailed Resolutions should depend,
instead, on whether the COMELEC is able to advance some justification for its rulings beyond
mere conformity to religious doctrine. Otherwise stated, government must act for secular purposes
and in ways that have primarily secular effects. As we held in Estrada v. Escritor:26
x x x The morality referred to in the law is public and necessarily secular, not religious as the
dissent of Mr. Justice Carpio holds. "Religious teachings as expressed in public debate may
influence the civil public order but public moral disputes may be resolved only on grounds
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articulable in secular terms." Otherwise, if government relies upon religious beliefs in formulating
public policies and morals, the resulting policies and morals would require conformity to what
some might regard as religious programs or agenda. The non-believers would therefore be
compelled to conform to a standard of conduct buttressed by a religious belief, i.e., to a "compelled
religion," anathema to religious freedom. Likewise, if government based its actions upon religious
beliefs, it would tacitly approve or endorse that belief and thereby also tacitly disapprove contrary
religious or non-religious views that would not support the policy. As a result, government will
not provide full religious freedom for all its citizens, or even make it appear that those whose
beliefs are disapproved are second-class citizens.1avvphi1
In other words, government action, including its proscription of immorality as expressed in

criminal law like concubinage, must have a secular purpose. That is, the government proscribes
this conduct because it is "detrimental (or dangerous) to those conditions upon which depend the
existence and progress of human society" and not because the conduct is proscribed by the beliefs
of one religion or the other. Although admittedly, moral judgments based on religion might have
a compelling influence on those engaged in public deliberations over what actions would be
considered a moral disapprobation punishable by law. After all, they might also be adherents of a
religion and thus have religious opinions and moral codes with a compelling influence on them;
the human mind endeavors to regulate the temporal and spiritual institutions of society in a uniform
manner, harmonizing earth with heaven. Succinctly put, a law could be religious or Kantian or
Aquinian or utilitarian in its deepest roots, but it must have an articulable and discernible secular
purpose and justification to pass scrutiny of the religion clauses. x x x Recognizing the religious
nature of the Filipinos and the elevating influence of religion in society, however, the Philippine
constitution's religion clauses prescribe not a strict but a benevolent neutrality. Benevolent
neutrality recognizes that government must pursue its secular goals and interests but at the same
time strive to uphold religious liberty to the greatest extent possible within flexible constitutional
limits. Thus, although the morality contemplated by laws is secular, benevolent neutrality could
allow for accommodation of morality based on religion, provided it does not offend compelling
state interests.27
In re: Public Morals as a Ground for Denial of Ang Ladlad’s

Petition for Registration
Respondent suggests that although the moral condemnation of homosexuality and homosexual
conduct may be religion-based, it has long been transplanted into generally accepted public morals.
The COMELEC argues:
Petitioner’s accreditation was denied not necessarily because their group consists of LGBTs but
because of the danger it poses to the people especially the youth. Once it is recognized by the
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government, a sector which believes that there is nothing wrong in having sexual relations with
individuals of the same gender is a bad example. It will bring down the standard of morals we
cherish in our civilized society. Any society without a set of moral precepts is in danger of losing
its own existence.28
We are not blind to the fact that, through the years, homosexual conduct, and perhaps homosexuals
themselves, have borne the brunt of societal disapproval. It is not difficult to imagine the reasons
behind this censure – religious beliefs, convictions about the preservation of marriage, family, and
procreation, even dislike or distrust of homosexuals themselves and their perceived lifestyle.
Nonetheless, we recall that the Philippines has not seen fit to criminalize homosexual conduct.
Evidently, therefore, these "generally accepted public morals" have not been convincingly
transplanted into the realm of law.29
The Assailed Resolutions have not identified any specific overt immoral act performed by Ang
Ladlad. Even the OSG agrees that "there should have been a finding by the COMELEC that the
group’s members have committed or are committing immoral acts."30 The OSG argues:
x x x A person may be sexually attracted to a person of the same gender, of a different gender, or
more than one gender, but mere attraction does not translate to immoral acts. There is a great divide
between thought and action. Reduction ad absurdum. If immoral thoughts could be penalized,
COMELEC would have its hands full of disqualification cases against both the "straights" and the
gays." Certainly this is not the intendment of the law.31
Respondent has failed to explain what societal ills are sought to be prevented, or why special
protection is required for the youth. Neither has the COMELEC condescended to justify its
position that petitioner’s admission into the party-list system would be so harmful as to irreparably
damage the moral fabric of society. We, of course, do not suggest that the state is wholly without
authority to regulate matters concerning morality, sexuality, and sexual relations, and we recognize
that the government will and should continue to restrict behavior considered detrimental to society.
Nonetheless, we cannot countenance advocates who, undoubtedly with the loftiest of intentions,
situate morality on one end of an argument or another, without bothering to go through the rigors
of legal reasoning and explanation. In this, the notion of morality is robbed of all value. Clearly
then, the bare invocation of morality will not remove an issue from our scrutiny.
We also find the COMELEC’s reference to purported violations of our penal and civil laws flimsy,
at best; disingenuous, at worst. Article 694 of the Civil Code defines a nuisance as "any act,
omission, establishment, condition of property, or anything else which shocks, defies, or disregards
decency or morality," the remedies for which are a prosecution under the Revised Penal Code or
any local ordinance, a civil action, or abatement without judicial proceedings.32 A violation of
Article 201 of the Revised Penal Code, on the other hand, requires proof beyond reasonable doubt
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to support a criminal conviction. It hardly needs to be emphasized that mere allegation of violation
of laws is not proof, and a mere blanket invocation of public morals cannot replace the institution
of civil or criminal proceedings and a judicial determination of liability or culpability.
As such, we hold that moral disapproval, without more, is not a sufficient governmental interest
to justify exclusion of homosexuals from participation in the party-list system. The denial of Ang
Ladlad’s registration on purely moral grounds amounts more to a statement of dislike and
disapproval of homosexuals, rather than a tool to further any substantial public interest.
Respondent’s blanket justifications give rise to the inevitable conclusion that the COMELEC
targets homosexuals themselves as a class, not because of any particular morally reprehensible act.
It is this selective targeting that implicates our equal protection clause.
Equal Protection Clause
Despite the absolutism of Article III, Section 1 of our Constitution, which provides "nor shall any
person be denied equal protection of the laws," courts have never interpreted the provision as an
absolute prohibition on classification. "Equality," said Aristotle, "consists in the same treatment of
similar persons."33 The equal protection clause guarantees that no person or class of persons shall
be deprived of the same protection of laws which is enjoyed by other persons or other classes in
the same place and in like circumstances.34
Recent jurisprudence has affirmed that if a law neither burdens a fundamental right nor targets a
suspect class, we will uphold the classification as long as it bears a rational relationship to some
legitimate government end.35 In Central Bank Employees Association, Inc. v. Banko Sentral ng
Pilipinas,36 we declared that "[i]n our jurisdiction, the standard of analysis of equal protection
challenges x x x have followed the ‘rational basis’ test, coupled with a deferential attitude to
legislative classifications and a reluctance to invalidate a law unless there is a showing of a clear
and unequivocal breach of the Constitution."37
The COMELEC posits that the majority of the Philippine population considers homosexual
conduct as immoral and unacceptable, and this constitutes sufficient reason to disqualify the
petitioner. Unfortunately for the respondent, the Philippine electorate has expressed no such belief.
No law exists to criminalize homosexual behavior or expressions or parties about homosexual
behavior. Indeed, even if we were to assume that public opinion is as the COMELEC describes it,
the asserted state interest here – that is, moral disapproval of an unpopular minority – is not a
legitimate state interest that is sufficient to satisfy rational basis review under the equal protection
clause. The COMELEC’s differentiation, and its unsubstantiated claim that Ang Ladlad cannot
contribute to the formulation of legislation that would benefit the nation, furthers no legitimate
state interest other than disapproval of or dislike for a disfavored group.
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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. State intrusion in this case is equally burdensome. 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.
It bears stressing that our finding that COMELEC’s act of differentiating LGBTs from
heterosexuals insofar as the party-list system is concerned does not imply that any other law
distinguishing between heterosexuals and homosexuals under different circumstances would
similarly fail. We disagree with the OSG’s position that homosexuals are a class in themselves for
the purposes of the equal protection clause.38 We are not prepared to single out homosexuals as a
separate class meriting special or differentiated treatment. We have not received sufficient
evidence to this effect, and it is simply unnecessary to make such a ruling today. Petitioner itself
has merely demanded that it be recognized under the same basis as all other groups similarly
situated, and that the COMELEC made "an unwarranted and impermissible classification not
justified by the circumstances of the case."
Freedom of Expression and Association
Under our system of laws, every group has the right to promote its agenda and attempt to persuade
society of the validity of its position through normal democratic means.39 It is in the public square
that deeply held convictions and differing opinions should be distilled and deliberated upon. As
we held in Estrada v. Escritor:40
In a democracy, this common agreement on political and moral ideas is distilled in the public
square. Where citizens are free, every opinion, every prejudice, every aspiration, and every moral
discernment has access to the public square where people deliberate the order of their life together.
Citizens are the bearers of opinion, including opinion shaped by, or espousing religious belief, and
these citizens have equal access to the public square. In this representative democracy, the state is
prohibited from determining which convictions and moral judgments may be proposed for public
deliberation. Through a constitutionally designed process, the people deliberate and decide.
Majority rule is a necessary principle in this democratic governance. Thus, when public
deliberation on moral judgments is finally crystallized into law, the laws will largely reflect the
beliefs and preferences of the majority, i.e., the mainstream or median groups. Nevertheless, in the
very act of adopting and accepting a constitution and the limits it specifies – including protection
of religious freedom "not only for a minority, however small – not only for a majority, however
large – but for each of us" – the majority imposes upon itself a self-denying ordinance. It promises
not to do what it otherwise could do: to ride roughshod over the dissenting minorities.
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Freedom of expression constitutes one of the essential foundations of a democratic society, and
this freedom applies not only to those that are favorably received but also to those that offend,
shock, or disturb. Any restriction imposed in this sphere must be proportionate to the legitimate
aim pursued. Absent any compelling state interest, it is not for the COMELEC or this Court to
impose its views on the populace. Otherwise stated, the COMELEC is certainly not free to interfere
with speech for no better reason than promoting an approved message or discouraging a disfavored
one.
This position gains even more force if one considers that homosexual conduct is not illegal in this
country. It follows that both expressions concerning one’s homosexuality and the activity of
forming a political association that supports LGBT individuals are protected as well.
Other jurisdictions have gone so far as to categorically rule that even overwhelming public
perception that homosexual conduct violates public morality does not justify criminalizing same-
sex conduct.41 European and United Nations judicial decisions have ruled in favor of gay rights
claimants on both privacy and equality grounds, citing general privacy and equal protection
provisions in foreign and international texts.42 To the extent that there is much to learn from other
jurisdictions that have reflected on the issues we face here, such jurisprudence is certainly
illuminating. These foreign authorities, while not formally binding on Philippine courts, may
nevertheless have persuasive influence on the Court’s analysis.
In the area of freedom of expression, for instance, United States courts have ruled that existing
free speech doctrines protect gay and lesbian rights to expressive conduct. In order to justify the
prohibition of a particular expression of opinion, public institutions must show that their actions
were caused by "something more than a mere desire to avoid the discomfort and unpleasantness
that always accompany an unpopular viewpoint."43
With respect to freedom of association for the advancement of ideas and beliefs, in Europe, with
its vibrant human rights tradition, the European Court of Human Rights (ECHR) has repeatedly
stated that a political party may campaign for a change in the law or the constitutional structures
of a state if it uses legal and democratic means and the changes it proposes are consistent with
democratic principles. The ECHR has emphasized that political ideas that challenge the existing
order and whose realization is advocated by peaceful means must be afforded a proper opportunity
of expression through the exercise of the right of association, even if such ideas may seem shocking
or unacceptable to the authorities or the majority of the population.44 A political group should not
be hindered solely because it seeks to publicly debate controversial political issues in order to find
solutions capable of satisfying everyone concerned.45 Only if a political party incites violence or
puts forward policies that are incompatible with democracy does it fall outside the protection of
the freedom of association guarantee.46
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We do not doubt that a number of our citizens may believe that homosexual conduct is distasteful,
offensive, or even defiant. They are entitled to hold and express that view. On the other hand,
LGBTs and their supporters, in all likelihood, believe with equal fervor that relationships between
individuals of the same sex are morally equivalent to heterosexual relationships. They, too, are
entitled to hold and express that view. However, as far as this Court is concerned, our democracy
precludes using the religious or moral views of one part of the community to exclude from
consideration the values of other members of the community.
Of course, none of this suggests the impending arrival of a golden age for gay rights litigants. It
well may be that this Decision will only serve to highlight the discrepancy between the rigid
constitutional analysis of this Court and the more complex moral sentiments of Filipinos. We do
not suggest that public opinion, even at its most liberal, reflect a clear-cut strong consensus
favorable to gay rights claims and we neither attempt nor expect to affect individual perceptions
of homosexuality through this Decision.
The OSG argues that since there has been neither prior restraint nor subsequent punishment
imposed on Ang Ladlad, and its members have not been deprived of their right to voluntarily
associate, then there has been no restriction on their freedom of expression or association. The
OSG argues that:
There was no utterance restricted, no publication censored, or any assembly denied. [COMELEC]
simply exercised its authority to review and verify the qualifications of petitioner as a sectoral
party applying to participate in the party-list system. This lawful exercise of duty cannot be said
to be a transgression of Section 4, Article III of the Constitution.
xxxx
A denial of the petition for registration x x x does not deprive the members of the petitioner to
freely take part in the conduct of elections. Their right to vote will not be hampered by said denial.
In fact, the right to vote is a constitutionally-guaranteed right which cannot be limited.
As to its right to be elected in a genuine periodic election, petitioner contends that the denial of
Ang Ladlad’s petition has the clear and immediate effect of limiting, if not outrightly nullifying
the capacity of its members to fully and equally participate in public life through engagement in
the party list elections.
This argument is puerile. The holding of a public office is not a right but a privilege subject to
limitations imposed by law. x x x47
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The OSG fails to recall that petitioner has, in fact, established its qualifications to participate in
the party-list system, and – as advanced by the OSG itself – the moral objection offered by the
COMELEC was not a limitation imposed by law. To the extent, therefore, that the petitioner has
been precluded, because of COMELEC’s action, from publicly expressing its views as a political
party and participating on an equal basis in the political process with other equally-qualified party-
list candidates, we find that there has, indeed, been a transgression of petitioner’s fundamental
rights.
Non-Discrimination; International Law; The Yogyakarta Principles
In an age that has seen international law evolve geometrically in scope and promise, international
human rights law, in particular, has grown dynamically in its attempt to bring about a more just
and humane world order. For individuals and groups struggling with inadequate structural and
governmental support, international human rights norms are particularly significant, and should be
effectively enforced in domestic legal systems so that such norms may become actual, rather than
ideal, standards of conduct.
Our Decision today is fully in accord with our international obligations to protect and promote
human rights. In particular, we explicitly recognize the principle of non-discrimination as it relates
to the right to electoral participation, enunciated in the UDHR and the ICCPR.
The principle of non-discrimination is laid out in Article 26 of the ICCPR, as follows:
Article 26
All persons are equal before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all
persons equal and effective protection against discrimination on any ground such as race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth or other
status.
In this context, the principle of non-discrimination requires that laws of general application relating
to elections be applied equally to all persons, regardless of sexual orientation. Although sexual
orientation is not specifically enumerated as a status or ratio for discrimination in Article 26 of the
ICCPR, the ICCPR Human Rights Committee has opined that the reference to "sex" in Article 26
should be construed to include "sexual orientation."48 Additionally, a variety of United Nations
bodies have declared discrimination on the basis of sexual orientation to be prohibited under
various international agreements.49
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The UDHR provides:
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or through freely
chosen representatives.
Likewise, the ICCPR states:
Article 25
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned
in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen
representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal and
equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the
will of the electors;
(c) To have access, on general terms of equality, to public service in his country.
As stated by the CHR in its Comment-in-Intervention, the scope of the right to electoral
participation is elaborated by the Human Rights Committee in its General Comment No. 25
(Participation in Public Affairs and the Right to Vote) as follows:
1. Article 25 of the Covenant recognizes and protects the right of every citizen to take part in the
conduct of public affairs, the right to vote and to be elected and the right to have access to public
service. Whatever form of constitution or government is in force, the Covenant requires States to
adopt such legislative and other measures as may be necessary to ensure that citizens have an
effective opportunity to enjoy the rights it protects. Article 25 lies at the core of democratic
government based on the consent of the people and in conformity with the principles of the
Covenant.
xxxx
15. The effective implementation of the right and the opportunity to stand for elective office
ensures that persons entitled to vote have a free choice of candidates. Any restrictions on the right
to stand for election, such as minimum age, must be justifiable on objective and reasonable criteria.
89
HUMAN RIGHTS NOTES
Sources:
1987 Constitution
Persons who are otherwise eligible to stand for election should not be excluded by unreasonable
or discriminatory requirements such as education, residence or descent, or by reason of political
affiliation. No person should suffer discrimination or disadvantage of any kind because of that
person's candidacy. States parties should indicate and explain the legislative provisions which
exclude any group or category of persons from elective office.50
We stress, however, that although this Court stands willing to assume the responsibility of giving
effect to the Philippines’ international law obligations, the blanket invocation of international law
is not the panacea for all social ills. We refer now to the petitioner’s invocation of the Yogyakarta
Principles (the Application of International Human Rights Law In Relation to Sexual Orientation
and Gender Identity),51 which petitioner declares to reflect binding principles of international law.
At this time, we are not prepared to declare that these Yogyakarta Principles contain norms that
are obligatory on the Philippines. There are declarations and obligations outlined in said Principles
which are not reflective of the current state of international law, and do not find basis in any of the
sources of international law enumerated under Article 38(1) of the Statute of the International
Court of Justice.52 Petitioner has not undertaken any objective and rigorous analysis of these
alleged principles of international law to ascertain their true status.
We also hasten to add that not everything that society – or a certain segment of society – wants or
demands is automatically a human right. This is not an arbitrary human intervention that may be
added to or subtracted from at will. It is unfortunate that much of what passes for human rights
today is a much broader context of needs that identifies many social desires as rights in order to
further claims that international law obliges states to sanction these innovations. This has the effect
of diluting real human rights, and is a result of the notion that if "wants" are couched in "rights"
language, then they are no longer controversial.
Using even the most liberal of lenses, these Yogyakarta Principles, consisting of a declaration
formulated by various international law professors, are – at best – de lege ferenda – and do not
constitute binding obligations on the Philippines. Indeed, so much of contemporary international
law is characterized by the "soft law" nomenclature, i.e., international law is full of principles that
promote international cooperation, harmony, and respect for human rights, most of which amount
to no more than well-meaning desires, without the support of either State practice or opinio juris.53
OBERGEFELL vs HODGES
(No 14-556, June 26, 2015)
90
HUMAN RIGHTS NOTES
Sources:
1987 Constitution
Summary of Ruling and Dissents1:
The Fourteenth Amendment requires a state to license same-sex marriages, and to recognize same-
sex marriages licensed and performed in other states.
Reasoning:
▪ History Shows that Same-Sex Marriage Must Be Permitted

The fact that same-sex couples desire to participate in the institution of marriage shows their deep
respect for the institution. Thus, opponents of same-sex marriage are wrong to claim that allowing
same-sex couples to marry demeans the institution.
Also, though the institution of marriage has been around for centuries, its history has been
characterized by change. Arranged marriages, the law of coverture, and other antiquated notions
of marriage have given way to more modern conceptions of the institution. Such evolution has
not weakened, but rather strengthened, the institution. In fact, the acceptance of same-sex couples
over the last several decades shows that public attitudes shift over time.
▪ Same-Sex Marriage is a Right Under the Due Process Clause
Requiring states to license same-sex marriage is grounded in the Fourteenth Amendment’s Due
Process clause. The right to marry, including for same-sex couples, is fundamental under
the Constitution for four reasons: (i) individual autonomy dictates our personal choice on who to
marry; (ii) we have a right to enjoy intimate association; (iii) it protects children and families,
because children suffer if they are raised by unmarried parents; (iv) marriage is a keystone to our
nation’s social order.
▪ Same-Sex Marriage is a Right Under Equal Protection

The Fourteenth Amendment’s guarantee of equal protection also requires that all states license
same-sex marriage. Burdening the liberty of same-sex couples, but not that of opposite-sex
couples, shows that current laws are inherently unequal.
▪ Waiting for Further Legislative Action is Untenable
The desire to wait for political/legislative action would be unwise in this case because it would
amount to allowing further discrimination against same-sex couples. The Court sees immediate
harm being inflicted upon the petitioners due to the laws at issue in the case. Therefore, it would
1
https://legaldictionary.net/obergefell-v-hodges/
91
HUMAN RIGHTS NOTES
Sources:
1987 Constitution
be improper to wait any longer to remedy that harm, particularly when the laws at issue infringe
upon the petitioners’ fundamental right to marry.
Finally, because all states must license same-sex marriage as a fundamental right, it naturally
follows that states must also recognize same-sex marriages licensed in other states.
Dissenting Opinions:
Dissenting Opinion (Roberts):

Even if allowing same-sex marriage is rooted in fairness, it is not addressed by the
Constitution. Accordingly, the decision on whether to allow same-sex marriage should be left up
to the states. Other Court expansions of marriage laws are not applicable here because they did
not change the very definition of marriage. Further, the majority opinion relies on an overly
expansive view of the Fourteenth Amendment’s Due Process and Equal Protection Clauses. The
Court should not go too far into judicial policymaking.
Dissenting Opinion (Scalia):
The majority opinion overstepped the Court’s authority by making a legislative
determination. Rather, it is for the states to make a legislative determination about how marriage
is defined, and the Constitution leaves that determination to the states.
Dissenting Opinion (Thomas):
The legislative history of the due process clauses in the Fifth and Fourteenth Amendments was
rooted in retraining government power, not granting entitlements. The majority decision also
infringes on religious rights. The states, through the legislative process, should be allowed to make
that judgment between competing interests of same-sex couples and religious communities.
Dissenting Opinion (Alito):
Because the Constitution does not address the right to marry, it left that determination to the
states. The majority creates a new right here, which is a dangerous departure from proper judicial
authority under the Constitution.
Contemporary Issues involving LGBT rights:
- Intersex Disputes (Especially in comfort rooms): Are Male Transgenders/Transsexuals to

be considered as Women? And their Female Equivalents, to be considered as Men?
- Same-sex marriage; Pending bill; Possible Amendment even of the Family Code in re:
Property Relations of Same-Sex Couples
92
HUMAN RIGHTS NOTES
Sources:
1987 Constitution
- The Growing LGBT movement

- Cause of being LGBT: Medical or Societal?
RIGHTS OF PRISONERS AND DETAINEES
In reality, is there any difference between rich prisoners and poor prisoners? Or should
their rights be equal? And to what extent?
For this, know the difference between detention prisoner and convicted prisoner. Also, be
aware about the situations in Philippine jails and the subhuman conditions of prisoners. Among
others, lack of medicines, safety, illnesses, much more, at the height of this pandemic. Another
serious issue among prisoners are the so-called prison rapes: Prisoners against fellow prisoners
(of the same sex); Jail Guards against Prisoners (both sexes)
Article 10, ICCPR

1. All persons deprived of their liberty shall be treated with humanity and with respect
for the inherent dignity of the human person
2. A. Accused Persons shall, save in exceptional circumstances, be segregated from

convicted persons and shall be subject to separate treatment appropriate to their
status as unconvicted persons;
B. Accused juvenile persons shall be separated from adults and brought as speedily
as possible for adjudication
3. The penitentiary system shall comprise treatment of prisoners, the essential aim of
which shall be their reformation and social rehabilitation. Juvenile offenders shall
be segregated from adults and be accorded treatment appropriate to their age and
legal status.
Article III Section 19(2), 1987 Constitution

The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt with by law.
93

Final HUMAN-RIGHTS-NOTES Women Children LGBTs Prisoners

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HUMAN RIGHTS NOTES

(Rights of Women, Children, LGBTs, Prisoners)

HUMAN RIGHTS NOTES

RIGHTS OF THE CHILD

EVERY CHILD HAS A BEAUTIFUL BAWAT BATA

Child of mine, what beautiful name I

Every child has a beautiful name

What are these relevant laws on the rights of the Child?

- Convention on the Rights of the Child

I. JUVENILE JUSTICE ACT (RA 9344)

Note these salient material definitions (Section 4)

(2) being exploited including sexually or economically;

(4) coming from a dysfunctional or broken family or without a parent or guardian;

(5) being out of school;

(6) being a streetchild;

(7) being a member of a gang;

(9) living in situations of armed conflict.

Rights of a Child in Conflict with the Law (Section 5)

(f) the right to bail and recognizance, in appropriate cases;

(I) in general, the right to automatic suspension of sentence;

Current Existing Rule on the Minimum Age of Responsibility (Section 6)

Determination of Age of a Child; Presumption (Section 7)

Groups playing an important role on Prevention of Juvenile Delinquency:

1. Family (Section 12)

Treatment of Children below the age of criminal responsibility (Section 20)

(g) Avoid violence or unnecessary force;

(l) Record the following in the initial investigation:

Diversion; Concept (Section 23)

Prohibited Acts (Sections 60 and 61)

(a) Employment of threats of whatever kind and nature;

Definition of Terms (Section 3, RA 7610)

Child Abuse (Section 3b)

(5) Being a victim of a man-made or natural disaster or calamity; or

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

1. Child Prostitution or other sexual abuse (Sec 5)

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child

Child Trafficking; Attempt to Commit Child Trafficking (Sections 7 and 8, RA 7610)

(c) When a person, agency, establishment or child-caring institution recruits women or

1. Commission of any other acts of child abuse, cruelty or exploitation or to be responsible

a. Exception: should the perpetrator be an ascendant, stepparent or guardian of the

(1) Beg or use begging as a means of living;

(2) Act as conduit or middlemen in drug trafficking or pushing; or

(3) Conduct any illegal activities xxx

Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate, or Conduct

"2) Where a child's employment or participation in public entertainment or information

"c) Is performed underground, underwater or at dangerous heights; or

"f) Is performed in an unhealthy environment exposing the child to hazardous

"g) Is performed under particularly difficult conditions; or

"i) Involves the manufacture or handling of explosives and other pyrotechnic

PROCEDURAL PART: JURISDICTION IN VIOLATIONS OF ANTI-CHILD ABUSE LAW;

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of

(d) Officer, social worker or representative of a licensed child-caring institution;

(f) Barangay chairman; or

Children as Zones of Peace (Section 22, RA 7610)